Sugar_Pine_Hazard_Tree_Mitigation_Sol.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Contracting Office Address USDA Forest Service Region 5

CCASA

631 Coyote St., Nevada City, CA 95959]

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation 129JGP18Q0015 is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-96.

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, with a small business size standard of 19 Million.

1.1 The American River Ranger District, Tahoe National Forest, is seeking to purchase services Hand Fell/cut down designated hazard trees from campground and day use areas with in Sugar Pine Reservoir Recreation Complex and transport downed material to designated disposal areas on Forest Service land.

Set Aside: Total Small Business.

1.2 Schedule of Items.

EA

1.3 Statement of Work

The purpose of this contract request for Sugar Pine Reservoir Recreation Complex (SPRRC) Hazard Tree Mitigation project is to hand-fell, transport, and treat designated hazard trees from campgrounds and day-use areas within the Sugar Pine Reservoir Recreation Complex to identified disposal areas. In addition, Contractor is to transport all designated downed trees and material to identified disposal sites. Piling and decking of all material from the operations is to take place at the identified disposal sites. Additional treatment requirements include: end-lining, skidding, (only when necessary), transporting of included timber and slash to identified disposal sites, applying a borate compound to stumps, stump grinding designated stumps and restoring recreation sites.

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.

Project Location and Description.

Location: Work areas are located within the American River District of Tahoe National Forest. The campgrounds are part of Sugar Pine Reservoir Recreation Complex consisting of six cutting units. Sugar Pine Reservoir Recreation Complex is located fifteen miles northeast of Foresthill of the Sugar Pine Road. See vicinity maps for additional information Description: Legal location, Township 15N, Range 10 E Sections 13, 24, and 25 and Township 15N, Range11E, Sections 18, 19, and 30.

Accessibility: Work site access instruction as given here is for information only. It shall be the responsibility of the Contractor to determine the most suitable route to the project area. The Government will not provide special maintenance or snow plowing to open roads or keep roads open. The Contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on Federal, state, county, and private roads.

Protections Sites and Exclusions (Non-Work Areas): The following shall be excluded or protected:

1. Areas adjacent to stream channels and other wet areas, also referred to Riparian Buffers.

2. Controlled sites: Heritage resource controlled sites within the project area will be flagged with blue and black stripe flagging and avoided.

3. Directionally fell trees away from flagged cultural resources, botanical and watch list occurrences, developed facilities, improvements, water systems, designated roads and trails. Hazard trees inside the Riparian Conservation Area (RCA) will be felled away from stream courses.

4. Meadows, springs, seeps and wet areas. The COR or other designated representative shall designate these areas on the ground and these will be avoided.

5. All specified roads shown on contract maps shall be left in the original condition existing prior to commencement of work on this contract. Excessive slash cannot be left in the roadways after end of each work day.

6. Noxious weed occurrences will be marked with orange flagging with the works “Noxious Weed” in black prior to commencement of work. These areas will not be treated and on should go into these excluded areas.

7. Survey monuments and bearing shall be protected and not damaged in any way.

8. Within the general work area, the Government may exclude from payment non-work areas which exceed one-half acres such as: rock areas, groups of trees, or other special areas such as excessively steep slopes, wildlife areas and other special areas.

9. Servicing and refueling equipment areas shall be located at a minimum of 300 feet from streams and other wet areas. In case of HAZMAT spill, the material shall be immediately contained and the Forest Services shall be immediately notified.

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.

Cut-off for questions is 8 January 2018, 4:00 PM.

1.5 Maps

Any maps included in Section J are general in nature and are not to be considered as definitively identifying locations.

1.6 Estimated Start Date & Contract Time

Estimated Start Date: 26 January 2018 Number of Calendar Days Required: 180 days Delivery shall be provided for all items no later than _180__ days after receipt of notice to proceed. The contractor shall deliver line item(s) 1 by NLT 20 May 2018.

See also Section F.

1.7 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:

1. In accordance with the fire plan, if included in Section J.

2. 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.

3. Controlled Areas and Limited Operating periods (LOP) are in effect for several locations within the project area. The location of LOP areas and the portion of the year when operations are not allowed and identified on the Contract Area Map and the LOPs are listed below:

a. LOP during the wet season (defined as starting with the first frontal rain system that deposits a minimum of 0.25 inches of rain after October 15 and ending April 15), do not perform mechanical operations within 300 feet of suitable habitat for California red-legged frog (e.g. intermittent or perennial streams, ponds, springs, and seeps). Hazard trees that are felled within the 300 feet of habitat will remain in area identified by COR or designated representative along Shirttail Creek.

b. In a small portion of Shirttail Creek Campground and Manzanita Day Use Area, there is a LOP within 0.25 mile around an osprey nest on Shirttail Creek during breeding season (March to August 31) unless surveys confirm they are not nesting. See project area map for buffer areas.

c. If hauling operations can continue while campgrounds are open, mechanical operations will be limited to Monday through Friday, 0700 to 1900 with no activities on the weekends, Federal holidays, or between Memorial Day and Labor Day unless otherwise agreed to in writing by the Contracting Officer and the Contractor.

4. Chainsaw Operations are limited to between dawn and dusk, Monday through Friday, unless otherwise agreed upon by Contracting Officer and Contractor.

5. No work on Sundays or Federal Holidays unless agreed upon with Contracting Officer.

6. Felling operations on all project sites to be concluded by May 20, 2018 before campgrounds open for the season.

7. Water lines are identified in the campground area by blue paint and flags.

1.8 License and Insurance

The contractor shall obtain the insurance and licenses listed here.

MSPA Card (Form WH510): This contract does 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.

Other: Provide MSPA certificate (or) proposal and driver’s license for pre-work, Worker’s Compensation Insurance, Liability Insurance

1.9 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.

1.10 Notice to Proceed.

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

FAR 52.237-1 Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

No site visit is scheduled. Contact to coordinate independent site visit at Karen Durand, 530-478-6254, or COR Dawn Koerber 530-478-6888 for other technical questions.

1.11 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.

2. Technical Requirements

2.1 Definitions:

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.

Bole – The trunk or stem of a cut tree or snag Bucking. Cutting the boles and/or limbs to required lengths for a specific purpose, such as for merchantability standards, or slash pile size requirements.

Controlled Area – Areas delineated by flagging for the purpose of protecting sensitive plants or heritage resources and other improvements to protect. The areas are marked on the ground, however, they are not located on the solicitation map. A map that displays these marked areas will be available to the successful bidder.

Contracting Officer (CO). A person 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.

C.O.R. –Contracting Officer’s Representative.

Cut. To completely sever the bole of the tree from the stump by chainsaw or mechanical saw/shears Cut Tree. All trees and snags which are to be cut under this contract. Any tree that is designated by the Forest Service for felling, either by being marked with tracer paint color designated on Unit Information or designated by prescription standards.

Deck. A stack of logs or the action of stacking logs at the landing.

Decking. Gathering and stacking of boles at designated landings.

DBH-Diameter at breast height; the diameter of a tree measured at a point 4-1/2 feet above the ground on the uphill side of the tree.

Directional Felling. Felling cut-trees or snags a predetermined direction to protect natural resources and land improvements, and/or to facilitate planned skidding.

Equipment. All machinery, operating supplies, and tools necessary for the proper performance and acceptable completion of the work.

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.

Hand Thinning. Trees specified or allowed to be cut by hand (chainsaw), not by mechanized equipment.

Hazard Trees-Defective trees that are potential hazards to people and property in developed forest areas and long Forest Service roads. Indicators of defects are used to identify trees that may fail.

High-Priority Danger Tree Hazard. A road or road segments where danger trees are determined to be highly likely to fail and where those failures would be highly likely to cause injuries.

Landings. Areas used to stage and load wood or slash materials just prior to removal from the block. Existing openings along edges of haul roads which are large enough to hold decks, slash piles, and accommodate loading equipment to place removal materials onto haul vehicles.

Limb and Top Removal. The moving, during yarding/skidding of cut tree with tops, to a designated location at the landing.

Limited Operating Period (LOP)-This indicates there is a limited period in which operations may occur for a particular work unit. This period is variable based on the species being protected. See the Schedule of Treatments for the definition of each LOP.

Project Activity Level (PAL)-U.S. Forest Service-Pacific Southwest Region (R5) fire pre-cautionary system governing industrial operations associated with timber, stewardship and service contracts. See Fire Plan Quality Control. Those actions taken by the Contractor to control the performance of services so that they meet the requirements of the PWS.

Riparian Conservation Area (RCA)-Buffer zones on either side of a stream course in which use of machinery in not acceptable.

Slash-All debris resulting from operations including stems, limbs, and tops of trees, and brush.

Snag-Any dead standing tree Stump Diameter-Diameter of stump in inches as measured above the ground on the high side of the stump.

2.2 Specifications

a. Specifications for Items 1-5 This requirement includes the hand felling and transportation of both standing hazard trees existing downed logs from Sugar Pine Reservoir Recreation Complex to identified Disposal Sites. All slash from operations including stems, limbs and tops of trees and brush will be transported from project work site and piled at identified Disposal Sites. When feasible, for the cutting and transport of hazard trees and the associated tasks, the following specifications for the harvesting of sawlog and non-sawlog products specifications are as follows:

Item 1 Cutting and Transporting of Hazard Trees and Associated Tasks to Disposal Sites

Within all mandatory cutting units, the Contractor shall hand fell and transport from Project Area all standing live and existing downed logs designated by the Forest Service to identified Disposal Sites. Standing trees were individually numbered and marked with blue tracer paint on the stump on the downhill side and a blue dot was applied to the side opposite of recreation areas. Trees were also identified with a blue tag; the number on the blue tag corresponds with the R5 hazard tree assessment form and the tree as it is indicated in the cruise file. GPS locations for each tree to be cut and transported have been recorded by the Forest Service. Contractor is to transport/treat designated downed trees. See Project Area Maps.

a. Existing downed trees on site were marked with a blue dot on the upside at the largest end and individually numbered. Existing downed logs shall be transported to a designated disposal site unless identified, by COR or designated representative, to remain in project area for recreation site stability or other resource utilization.

b. If a standing tree has been identified, by COR or designated representative, to remain on site after felling or is unable to be transported until a later time, the bole of the tree needs to be grounded, limbed, slash removed and left in a safe manner within 100 feet of the campsite boundary.

c. Directionally fell trees away from flagged cultural resources, botanical and watch list occurrences, developed facilities, improvements, water systems, designated roads and trails. Hazard trees inside the Riparian Conservation Area (RCA) will be felled away from stream courses.

d. Operate mechanical equipment when soil moisture conditions are such that compaction, gullying, and/or rutting will be minimal. Outside Normal Operating Season (NOS) or during wet periods within the NOS, utilize the Tahoe Wet Weather Operations Guidelines. See attachment.

e. Equipment cleaning. All equipment and vehicles operating off-road must be free of invasive plant material before moving into the project area. Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material or other such debris. Cleaning shall occur at a vehicle washing station or steam-cleaning facility before the equipment and vehicles enter the project area.

f. Do not cause ground disturbance, except along designated skid trail routes previously approved and flagged.

g. In serpentine barrens between Giant Gap Campground and Shirttail Day Use Area, do not spread wood chips, use vehicles off-road, transport logs or cause ground disturbance.

h. Haul all slash material offsite to identified Disposal Sites and pile slash on landing(s).

i. For the protection of aquatic species; at any water drafting site, the use of a FGM 5161, or other similar foot valve with openings less than 2mm will be required. Additionally, the foot valve shall be placed in the deepest section of the water source on a shovel or a plastic/canvas bucket, after the site has been inspected for red-legged frogs or their eggs.

j.

Item 2 Sawlog and Non-Sawlog Products Specifications to Disposal Sites

When feasible, within all mandatory cutting units, the Contractor shall cut and transport from Project Area all standing live and existing downed logs designated by the Forest Service to identified Disposal Sites. There are existing downed trees on site that were marked with a blue dot on the upside at the largest end and individually numbered. Standing trees were marked with blue tracer paint on the stump on the downhill side and a blue dot was applied to the side opposite of recreation areas to minimize aesthetic concerns. Trees were also identified with a blue tag; the number on the blue tag corresponds with the R5 hazard tree assessment form and the tree as it is indicated in the cruise file. GPS locations for each tree to be removed have been recorded by the Forest Service. See Project Area Maps.

Minimum sawlog specifications

a. Live and dead trees, shall be transported from project area to the Disposal Site. Minimum tree DBH is 10.0 inches with a minimum piece length of 10.0 feet. Minimum top diameter inside bark (d.i.b) of 6 inches on the short axis.

b. Existing downed trees identified with a blue dot of paint are to be transported to identified Disposal Sites, unless designated to remain in place by COR or designated representative.

c. Saw timber trees will be bucked into commercial lengths preferably 33 feet when feasible. FSH 2409.11 (Forest Service Scaling Handbook).

Non-sawlog specifications Live and dead trees, shall be transported from project area to identified Disposal Sites. Existing downed logs without a blue dot will remain in the campground. Flush cut stumps, not designated for grinding, within 100 feet of campsite boundary. Outside of the 100 feet boundary, contour stumps to match the surrounding terrain.

a. Trees shall be limbed to a top diameter of 6 inches and lopped. Tops, limbs, and slash developed by Contractor’s operations shall be removed to Disposal Site as shown on the Contract Area Map or as agreed upon.

b. Other material may be removed subject to agreement.

c. Logs transported and decked at Disposal Sites shall be no more than 41 feet long. Deck height shall be no more than 20 feet tall.

Item 3 Slash Treatment/Mechanical Removal/ Piling of Slash and Decking of Logs/ Disposal Site Operations

a. Limit off-road vehicle/equipment use.

b. Slash from operations will be removed from project area and not be deposited within controlled areas.

c. Use rubber tracked/wheeled equipment in project area.

d. Equipment cleaning. All equipment and vehicles operating off-road must be free of invasive plant material before moving into the project area. Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material or other such debris. Cleaning shall occur at a vehicle washing station or steam-cleaning facility before the equipment and vehicles entering the project area.

e. All equipment and vehicles accessing Disposal Sites number 1, (Stockpile Road) must be cleaned before traveling off-pavement on National Forest Service lands. This is applicable for every trip to this disposal site.

f. For Disposal Site #1, limit all operational activities to the second landing only. Disposal Site Preparation. At disposal site number 1 (Stockpile Road), prior to implementation, remove three inches of surface material, including top soil, from all infested areas that will be used to stage logs or equipment. Create a wash station outside of disposal site before entering the Sugar Pine Road.

Item 4. Stump Treatments

a. Flush cut stumps, not designated for grinding, within 100 feet of campsite boundary. Outside of the 100 feet boundary, contour stumps to match the surrounding terrain.

b. Apply registered borate compound. When cutting trees in recreation areas, treat all live conifer stumps greater than three inches in diameter with a registered borate compound (FSM R5 Supplement 2300-92-1 modified by FSH R5 Supplement 3409.11-2010-1) to reduce the probability of infection hy Heterobasidion occidentale and H. irregular, the casual agents of Heterobasidion root disease (formerly referred to as annosus root disease).

c. Ensure for direct application to stumps within 25 feet of perennial or intermittent streams, meadows, and special aquatic features. Application of borax will also be ceased if there is sustained rainfall, to avoid misapplication and runoff.

d. Previously cut stumps designated for stump grinding are marked with pink paint. Additionally, standing trees that will be felled and need stumps ground are also marked with pink paint. The number of stumps to be treated by stump grinding is not-to-exceed 250 stumps.

Item 5. Site Restoration and Protection The following restoration activities shall include the following and assumed by contractor:

a. Effectively repair/restore designated roads prior to equipment leaving the unit.

b. Effectively close all skid trails or temporary roads prior to equipment leaving the unit; disguising entrances and trails.

c. Protect all improvements (including Signs, Barrier, Fire rings/Grills, Dumpster/Garbage Cans, Signs, Site Makers, Picnic Tables, Bear Boxes/ Food Lockers, Gates/Fences, Fee Stations, and Rock/Post Barriers). If any barriers (including boulders) or other improvements are damaged or removed by project activities, they must be replaced in-kind and re-installed in the same location and manner. Coordinate replacement or repair with Contracting Officer or designated representative.

d. Use local leaf litter and woody debris to disguise any project-related ground disturbance within sight-lines of roads, trails, and administrative sites.

e. Completely remove all hazard tree woody material, including aerial hazards, from the project area including branches, slash, etc in a manner that minimizes disturbance to soil and natural forest duff layers; rehab drag and equipment marks to natural existing conditions.

f. Minimize the amount of ground and vegetation disturbance.

g. All contractor created damage to Infrastructure (All buildings, Electrical Wiring and Outlets, Water Systems/Plumbing, Benches and Block Walls) shall be repaired by the Contractor.

2.3 Contractor Furnished Equipment.

Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator(s) to complete the tasks identified in this contract. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and replacements are the responsibility of the Contractor and shall be at the Contractor’s expense. If during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs.

2.4 Safety Plan. Contract shall provide a Safety plan to mitigate project specific risks and measures to take in case of injury.

3. Inspections and Acceptance

3.1 Quality Control Plan – Contractor Quality Control:

The Contractor shall provide an approved Quality Control Plan describing methods to insure that the material produced comply with the applicable specifications of the specifications. In addition to the requirements in FAR 52.212-4, the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is quality control of work being performed, thereby allowing the Contractor to identify and correct any quality deficiencies while the work is in progress. Prior to requesting an inspection or payment, the Contractor shall make available to the Government all of their inspection records of the work performed.

3.2 Quality Assurance Plan

For all units, the Government will inform the Contractor or his designated representative of inspection results within 4 working days of completion. Unacceptable work will not be accepted and shall be corrected by the Contractor at no additional cost to the Government. The contractor shall complete all corrections of unacceptable work within 10 calendar days following notification of unacceptable work.

3.3 The activities that are to be performed are within six project units and are part of the Sugar Pine Reservoir Recreation Complex. All, 100%, of the treatment areas will be inspected for completion of identified tasks.

3.4 Cutting- Since we have a known quantity of standing hazard trees that were individually numbered and marked with blue tracer paint and blue tags that corresponds with the R5 hazard tree assessment form and the tree as it is indicated in the cruise file, we will be able to identify that all designated hazard trees have been cut. Standing hazard trees were also GPS located and have been recorded by the Forest Service.

a. All treatment areas will be checked that designated trees were cut. Where feasible, sawlog and non-sawlog specifications will be followed. All hazard trees need to be cut by May 20, 2018.

b. Slash Treatments-All slash from cutting operations will be removed from project areas and transported to an identified disposal sites.

c. Transportation to Disposal Sites-Unless designated to remain within an area on the treatment site by the COR or other designated representative, all the trees cut, all existing designated downed logs, and slash will be transported from project area to Disposal Sites.

3.5 Measurable Performance Standards

Cut and Transport of Hazard Trees and Associated Tasks

Slash Treatment Specifications Measurable Performance Standards

· All bole pieces, tops, limbs, and slash from trees removed to designated disposal sites.

3.6 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.

3.7 Disputed Inspection.

The Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection 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 re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

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

3.8 Re-inspection 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. Re-inspection 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 re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

3.9 Acceptance Quality Level for and Associated Tasks

Work on this contract will be deemed acceptable when 100% of all marked trees which are designated for cutting shall be cut and transported to Disposal Sites.

100% of all existing downed trees identified for transportation have been transported to Disposal Sites. All cut material is removed within the required time period.

No undesignated trees cut unless necessary and agreed to in advance.

No more than 5% (cumulative) of the residual leave trees are damaged by the contractor’s operations.

Except as otherwise stated, 95% of activity slash and existing dead & down logs shall be piled and decked to specifications.

If utilized, all skid trails are laid out and approved prior to skidding by the Government.

100% of berms and disturbed soil is smoothed when end-lining and/or skidding is complete in treatment area.

100% repair of damage to asphalt and/or concrete.

100% of cut stumps to remain are within the specified stump height and if the stumps have been identified for stump grinding, then the stumps are to be removed; this number should not exceed more than 250 stumps.

100% of all stumps specified for treatment with borate compound are treated to specifications.

All slash generated in the project area is removed to designated disposal sites, and 95% of the slash piles at the Disposal Sites meets the specifications for constructing activity slash piles.

100% of the required erosion control measures and restoration efforts conform to the contract.

100% of the amount of soil displacement and maintenance of duff and litter largely intact.

100% of all infrastructure, such as water lines, have been protected.

100% of improvements/Forest Service property has been reinstalled and anchored in its original location if moved to end-lining/skidding operations.

All work is completed within the specified contract time.

3.10 Final Cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

4 Administation

4.1 Payment

Payments . Payment will be made for fully acceptable work at the prices bid in the schedule of items.

4.2 Deductions. 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:

4.3 Contract Release.

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).

4.4 Invoices.

Payment will be made from Contractor's invoice. After February 28, 2014 all payment requests must be submitted electronically through the US Department of the Treasure’s Internet Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, Invoices are required to be submitted as an attachment to the IPP Invoice and shall include:

Invoice date, Government Contract Number, Billing period specified with beginning and ending dates and cannot overlap with other billing dates, An accounting (bulleted list, for example) of charges claimed and amounts due, Total amount due for the billing period.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

5. Evaluation.

52.212-2 Evaluation Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

technical capability past performance Price Technical and past performance, when combined, approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The selection official will base the award decision on a tradeoff between price and non-price factors, comparing the relative risk to the government of poor or non-performance posed by each of the offerors, and making a judgment as to whether or not reduced risk of performance is worth the additional cost. In some cases this will result in award to a lower-ranked but lower-priced offer; in other cases the result will be award to a higher-ranked but higher-priced offer.

Factors. Award will be made to the responsible offeror whose offer conforming to the solicitation is determined to be most advantageous to the government based on an evaluation of the following factors: Technical, Past performance, and price.

Non-Price Factors (2):

1. Relevant Past Performance Relevant Past Performance is a measure of the degree to which an offeror, including any sub-contractors the offeror intends to utilize for this project, have satisfied its customers, complied with contract terms and conditions in addition to applicable laws and regulations. The Government may contact individuals and firms for whom you have performed services to evaluate your experience and past performance record. The Government will enquire about elements such as the quality of the work, customer satisfaction, timeliness of performance and overall business relations. Offerors shall submit the following information for up to 3 contracts of similar work type, with a preference for recent work:

1) Name of project;

2) Type of project/description of work;

3) Name of firm or agency for which project was performed;

4) Project completion date;

5) Name and contact information for the firm or agency project reference person(s).

2. Technical Approach The Government will evaluate each offeror's relative capacity to perform the work on the basis of its written submittals addressing the following sub-factors:

A) Work Plan, including methods of work and proposed schedule.

B) Quality Control Plan to ensure Quality Standards as described in the solicitation.

C) Safety Plan specific to the work site.

D) Availability and benefit to local community List the soonest date your firm would be able to start work and give a proposed timeframe in which work would be completed, such as a number of calendar days. Describe how your firm will benefit the local economic community.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” (Jan 2017)

1. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (Nov 2017)

Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

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

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (Jan 2017)

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (NOV 2017)

ADDENDUM TO FAR 52.212-4

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ___10 days.

(End of clause) The following clauses are hereby incorporated by reference or full text as appropriate:

52.215-5 Facsimile Proposals (OCT 1997) and Electronic Submissions 52.216-1 Type of Contract (APR 1984)

AGAR 452.236-72 Use of Premises (Nov 1996) AGAR 452.236-74 Control of Erosion, Sedimentation, And Pollution (Nov 1996) AGAR 452.236-73 Archaeological or Historical Sites (Feb 1988) AGAR 452.236-77 Emergency Response (Nov 1996) AGAR 452.236-77 Emergency Response (Nov 1996) AGAR 452.237-74 Key Personnel (Feb 1988) 52.217-7 Option for Increased Quantity—Separately Priced Line Item.

The following subparagraphs of FAR 52.212-5 are applicable:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders. Commercial Items. (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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 items:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_x_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_x_ (20) 52.219-16, Liquidated Damages.Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (26) 52.222-19, Child Labor.Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_x_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_x_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_x_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_x_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_x_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500.