Last_Chance_Mastication_Solicitation.docx

2018 Last Chance Mastication

129JGP18Q0040

6. SOLICITATION ISSUE DATE

03/16/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Olaine Martinez Email: tracymartinez@fs.fed.us

b. TELEPHONE NUMBER 530-478-6823 Office 530-478-6126 Fax

8. OFFER DUE DATE/

04/16/2018

4:00 PM PST

USDA FOREST SERVICE

CCASA

931 COYOTE ST

NEVADA CITY, CA 95959

FAX 530-478-6126

|_| UNRESTRICTED OR |X| SET ASIDE: 100% FOR

|X| SMALL BUSINESS

NAICS: 115310 |_| EMERGING SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

SIZE STANDARD |_| SERVICE-DISABLED VETERAN-

$19 million |_| 8(A) OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO

SEE BLOCK 9

16. ADMINISTERED BY CODE

SEE BLOCK 9

17a. CONTRACTOR/ OFFEROR

NAME:

18a. PAYMENT WILL BE MADE BY:

ALL INVOICES MUST BE SUBMITTED VIA THE INVOICE PROCESSING PLATFORM AT WWW.IPP.GOV.

PAYMENT WILL BE MADE BY EFT (ELECTRONIC FUNDS TRANSFER).

ADDRESS:

PHONE:

DUNS #:

EMAIL:

|_| SEE ADDENDUM

PROJECT NAME: LAST CHANCE MASTICATION

SEE SCHEDULE

|X|

ARE

ARE NOT ATTACHED

ARE

ARE NOT ATTACHED

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2. Offerors agree to keep pricing for 60 days.

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

C.1 Scope of Work

Description of Work:

Item 1: The intent of the Calaveras Ranger District is to secure services under a Firm Fixed Price contract with a base and 3 optional items to mechanically masticate live and dead conifers less than or equal to 10.0 inches diameter at breast height (dbh) and live and dead brush in order to reduce fuels. The last Chance Mastication project consists of a Base item consists of 110.4 acres over 5 units. And 3 optional items with a total of 200 acres of mastication.. Optional Items are awarded at the sole discretion of the government.

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.

NOTE: Multiple pieces of equipment will be necessary in order to meet the timeline of this contract. Prospective contractors must address their ability to complete the contract within the time allotted. All mastication work shall be done in a manner that does not damage leave trees not specified to be treated.

C.2 Project Location & Description

Location: The project is located on the Stanislaus National Forest, Calaveras Ranger District. See attached maps for unit locations.

Item 1- Unit(s) 701 and 702:

These areas may be accessed directly off Highway 4 by using 04N79Y.

Item 1 – Unit(s) 703 and 704:

These areas may be accessed off Highway 4 using Silver Saddle Road to 04N44.

Item 1 – Unit 705:

This area may be accessed off Highway 4 using Candy Rock Road (04N80Y) to Tunnel Muck Pile Road (04N73Y and 41520A).

Optional Item 2 – Unit 700:

These areas may be accessed off Highway 4 using Silver Saddle Road to 04N44. This Item will require the Contractor to cross the UWPA Flume and Ditch System. Flume crossing location shall be designated and agreed upon between UWPA, Forest Service and Contractor. Safeguards, supplies and material for crossing and protecting the UWPA Flume and Ditch System shall be provided by the Contractor. Full liability of crossing the UWPA Flume and Ditch System will reside solely with the Contractor.

Optional Item 3 and 4 – Unit(s) 706 and 707:

These areas may be accessed off Highway 4 using Moran Road (CNTY_C37) to Love Creek Road (CAL_380), and then to 04N30.

Description: The perimeters of Items are flagged with pink flagging. If the unit boundary follows private property, red flagging will be used. In some cases roads or stream zones may make up part of the boundary of a unit and therefore these parts of the unit boundary may or may not be flagged. The project maps are intended to show the general shape and location of the work areas. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of the stream zones and topographic features, when shown, also may be approximate.

Accessibility: All Items are accessible with a 2-wheel drive vehicle when roads are not snow covered. The Government assumes no liability to perform special road maintenance to keep roads open to the project area. The Contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on Federal, State, county, and private roads.

Equipment Access. Equipment must be on a low boy until off loaded to a side road. Work closely with the COR on ways to access areas where the equipment may be walked from unit to unit

Boundaries: The perimeter of the work areas have been identified on the maps contained in Section J. Within the Item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, steep slopes, and other special areas. The actual acreage treated within the unit boundary will be measured after the unit is completed, using a Global Positioning System (GPS), to determine final acres for payment.

Examination of Project Work Area: The bidder is strongly encouraged to inspect the project area. The Government has provided maps of treatment acres. It will be assumed that the bidder has satisfied themselves as to the nature of the work to be performed and the nature of all conditions to be encountered. The attached maps (Section J) are intended to show only general size and location of the project areas.

C.2-a Protected Sites and Exclusions (non-work areas):

1. Mechanized Operations in Riparian Conservation Areas (RCA):

The following guidance was adapted from the unpublished document Mechanized Equipment Operations in Riparian Conservation Areas (Frazier 2006a). On the Stanislaus National Forest, ground-based mechanized equipment operations in RCAs are divided into three zones. The exclusion zone, at the edge of streams or wetlands, prohibits mechanized equipment use. Next, the transition zone allows light mechanized activity. Last, the outer zone allows activity to increase to standard operations beyond the RCA. Together, these zones comprise a wide, graduated RCA buffer zone intended to achieve Riparian Conservation Objectives as well as vegetation management objectives.

The purpose of mechanized RCA operations is to reduce fuel loading and maintain or improve riparian vegetation community condition close to streams and wetlands. These operations are carefully conducted to prevent detrimental soil impacts and retain a high percentage of ground cover in the RCA. Where ground cover is minimal in an RCA, specialized low ground pressure vehicles become the primary type of equipment used. They minimize disturbance during timber removal operations and can be used to increase ground cover by chipping and distributing woody debris.

Table A-1 Summary of the operating requirements for mechanical operations in RCAs.

(feet) Equipment Requirements

-Perennial/ Intermittent -Special Aquatic Features (SAFs) -Utica Water Power Authority Flume and Ditch System (UWPA)

Shredding2: Prohibited

UWPA Flume and Ditch system will have special provisions. Upon approval from UWPA and the COR, the contractor may be permitted to operate within the 15 foot buffer providing that all debris into the flume is minimized. If substantial amounts of debris and/or erosion are moving into the flume and ditch system then operations will cease until appropriate safeguards are provided from the contractor for the protection of the UWPA Flume and Ditch System. UWPA Flume and Ditch System crossing location shall be designated and agreed upon between UWPA, Forest Service and Contractor. Safeguards, supplies and material for crossing shall be provided by the Contractor. Full liability of crossing the UWPA Flume and Ditch System will reside solely with the Contractor.

Shredding: Allowed

Shredding: Prohibited

Shredding: Allowed

2. Controlled sites: Heritage resource controlled sites are located within the project area and will be flagged with blue and black stripe flagging and/or white with orange and white stripe flagging. These areas must be avoided. If new sightings not flagged are found, cease work in the vicinity of the finding and notify the COR as soon as possible.

3. Areas of sensitive plants may be flagged out with orange and black stripe flagging and/or orange flagging which contains the words “Noxious Weeds” in black print.

4. Meadows and wet areas. This includes any areas with wet soils or vegetation indicating the presence of wet soils.

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

6. All roads shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage at the Contractor's expense. Excessive slash cannot be left in the roadways after the end of each work day. All cut vegetation shall be kept within unit boundaries. If slash is broadcasted onto the roadways, it must be removed by the end of each workday.

7. Servicing, Refueling, and Cleaning Equipment and Parking/Staging Areas -Allow temporary refueling and servicing only at approved sites located outside of RCAs.

-Rehabilitate temporary staging, parking, and refueling/servicing areas immediately following use.

-Report spills and initiate appropriate clean-up action in accordance with applicable State and Federal laws, rules and regulations.

-Remove contaminated soil and other material from NFS lands and dispose of this material in a manner according to controlling regulations.

C.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. 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.

C.4 Estimated Start Date & Contract Time

Item 1 - Start: May 1, 2018 Time: 53 days Optional Item 2, 19 Days Optional Item 3, 24 Days Optional Item 4, 23 Days

C.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:

1. In accordance with the fire plan, 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. When ground conditions are too wet to start or continue operations without sustaining resource damage to soils. The Contracting Officer or Contracting Officer’s Representative will make this determination. When such conditions exist, the Forest Service will issue a written Suspend Work Order.

4. Mastication will not occur within 300 feet of suitable habitat for California red-legged frog (e.g. intermittent or perennial streams, ponds, springs, and seeps) 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).

5. Equipment. Safeguards for protection of Utica Water Power Authority Flume and Ditch System. Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with competent, fully qualified operators.

The equipment shall be of low ground pressure type which meets the following specifications:

a. Ground pressure shall not exceed a maximum of 7.5 psi.

b. Machine width maximum shall not exceed 12 feet.

c. Machine shall be equipped with a masticating or mulching head. The machine must have a boom capable of reaching at least 10 feet from center of machine to perform the work described in the scope of the contract.

d. Machine shall have hoses in good operating condition.

e. 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.

f. Machine shall be cleaned before it is moved on to the work site.

C.6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

If you will employ MSPA or H2B Workers for this project you shall:

be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Provide MSPA certificate (or) proposal and driver’s licenses for pre-work.

Necessary Insurance required by programs.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. 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) C.8 Technical Requirements

C.8-1 Definitions:

Aggregation – A pocket of densely packed trees distinct from adjacent areas within a project unit. It is characteristic for trees within aggregations to have a higher percent of phenotypic defects due to competition for resources in close proximity to others.

Conifer - A cone-bearing tree with needles or leaf scales (e.g. pine, fir, cedar).

Co-dominant Tree - A tree with the crown forming the general level of the crown cover and receiving full light from above, but comparatively little from the sides.

C.O.R. - Contracting Officer's Representative.

Damaged tree – Any live tree with one or more of the following injuries:

1. Any true fir that has any bark cut or removed to the cambium regardless of the amount.

2. Any other tree species that has bark cut or removed to the cambium from more than 25% of the circumference of the bole.

3. Any tree that has a broken, forked, or dead top.

4. Any tree that has had 25% or more of the live limbs or branches broken or removed by any operation.

5. Defects, which include sweeps in the bole and crooked boles.

Dead tree – Any tree that has no green foliage remaining.

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.

Diseased Trees – Any tree greater than two feet tall with a diameter less than ten inches at DBH with one or more of the following diseases:

1. Mistletoe: Trees with one or more visible infections on any part of the live crown or stem.

2. Gall Rust: Trees with one or more visible cankers on the bole or multiple cankers on the limbs in the green crown.

3. Chlorosis: Trees with off color foliage, weak root system and otherwise exhibiting a general unhealthy appearance.

4. Damage: Tree that exhibits insect infestation, severe mechanical, animal, or other damages (i.e. trees leaning severely).

5. White Pine Blister Rust: On sugar pine, stem / branch cankers, yellow to red flagging of branches and tops.

Excess Shrub - A shrub that is left but should have been cut to meet contract standards.

Excess Tree - A tree that is left but should have been cut to meet contract standards.

Hang-up Tree – A cut tree suspended above the ground by a leave tree.

Hardwood – A tree with broad leaves rather than needles (e.g., oak, madrone, etc.)

Insect Infested Tree– A tree pitching sap from the bark in multiple spots on the bole, frass in cracks of bark or at base of tree, dead or fading top.

Leave Tree Live - Any live tree (of any size) without excessive damage, which has a live crown ratio greater than 30%. The top will not be dead, broken, or forked.

Leave Tree Dead - Any dead conifer that is greater than 10 inches dbh.

Live Crown Ratio – The percentage of the live limbs in relation to the total tree height.

Phenotypic Defects - Referring to inherited defects or deficiencies caused by local environmental conditions. Examples: Trees with flat top shapes having under 4 inches of leader growth (measure of previous year), forked or multiple tops, twisting in the limbs bole and trees with sweeping, leaning or drooping forms.

Release for Growth – The removal of competing vegetation from around the selected crop tree. The competing vegetation may be composed of trees and brush.

Riparian Conservation Area (RCA) – Riparian area protected during logging, mechanical treatments and site preparation.

Riparian (RCA) Buffer – The special treatment area within an RCA that applies to this contract.

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

C.8-2 Specifications

C. 8-2.1 Selection of live Leave Trees:

A leave tree is considered to be a live tree (of any size) without excessive damage, which has a live crown ratio of greater than 30%. The top will not be dead, broken, or forked. Select the leave trees that are the largest, healthiest, and with good form and growth.

The desired leave tree species priority starting from the greatest preference is 1) sugar pine, 2) incense-cedar 3) ponderosa pine, and 4) white fir and gray pine.

Spacing of Leave Trees:

Clumps of trees that fit this category will be left at a spacing of 20’ x 20’.

Selection of Cut Trees Cut and masticate all live and dead conifer trees 10 inches or less at dbh that do not meet the definition of a leave tree.

Release of Oaks and Crop Trees Create cleared buffers around existing hardwood trees by removing conifers 10 inches dbh or less and all brush from within 20’ of the edge of hardwood crowns.

C. 8-2.2 Mastication Standards All slash and other vegetative debris shall meet the following specifications when greater than two feet from any obstacle or leave tree:

1. All conifer and brush stumps shall be a maximum height of 6 inches above the average ground level as measured on the uphill side or 12 inches above natural obstacles (i.e. logs, rocks).

2. No individual pieces of slash or vegetative debris shall be greater than 3 feet in length.

3. Slash depth shall not exceed 12 inches in height.

4. All boles or pieces 10 inches and less in diameter shall be masticated.

5. No damage to leave trees as a result of contract operations is permitted.

6. All cut vegetation shall be kept within unit boundaries. Any cut vegetation greater than 5 inches in length and 1 inch dbh falling into ditches, roads, road banks, or trails shall be removed by the end of each work day.

7. All brush (live or dead) within the work areas shall be masticated without damage to the leave trees, with the exception of brush designated as not to be treated by the C.O.R.

C. 8-2.3 Treatment of Snags

1. All snags over 10 inches in DBH that do not create a hazard to performing work shall be saved.

2. Snags over 10 inches DBH creating a hazard to performing work will be cut upon approval of the COR.

3. Snags 10 inches DBH or less shall be masticated.

C. 8-2.4 Treatment of Logs

Avoid disturbance of existing large logs during treatments to the extent practicable. Do not masticate or otherwise damage any existing down logs greater than 12 inches in diameter at the mid-point and at least 20’ long if possible.

C.9 Public Safety

The contractor shall provide for public safety when operating equipment within 300 feet of open roadways and designated trails by posting cautionary signs warning of hazardous work ahead. Warning signs (at least two, one for each direction) shall be posted on roads. These shall be located 300’ from the intersection of the road and unit boundary at each edge of the unit. Signs shall be posted whenever working to alert oncoming traffic of the safety hazards associated with the operation. Trails must also be signed unless administratively closed by the Government. Signs shall include phrases similar to “Caution, flying debris stay back 300 feet” and be no less than 36 inches X 36 inches in size. Lettering shall be at 6 inches in height with a space of 3 inches between letters/numbers. Signs shall be retro-reflective with orange or yellow background and black lettering.

When a unit is located next to a main road, temporary traffic control is required. Until the operator has worked a strip of at least 300 feet from that portion of the road, 2 flaggers must be on either side of the unit directing traffic. These requirements comply with California state law.

C.10 Salvage Rights

1. The contractor is not permitted to purchase salvage rights to material to be treated within the Item boundaries.

2. The Contractor shall not be permitted to use any kind of logging equipment to yard salvaged materials from the project units to the roads.

SECTION E--INSPECTION AND ACCEPTANCE

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.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1 Quality Control Plan – 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. The Contractor’s Quality Control Plan shall be submitted and accepted by the Government prior to any work starting.

E.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.

E.2-1 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 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.

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.

E.2-1.1 Sampling (Government’s inspection system)

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: 1/10 acre (Plot radius = 37.2 feet) A visual inspection of the work area will also be performed.

E.2-2.2 Specific Inspection Procedures

A.1Inspection of plots

Each plot will be randomly selected, given equal weight and inspected for the following listed below. A final percentage will be determined from the plot results for:

1) Selection of cut trees

2) Spacing and protection of leave trees

3) Release of Oaks

4) Slash Treatment (vegetation removal)

5) Snag Treatment

B. Each plot will be evaluated to determine the following C.7-1 Treatment Standards.

a) If there is a tree left that is less than 10” dbh or other vegetation not masticated, unless treating that material would damage a leave tree, then the plot fails. If clarification is needed discuss the situations with the COR on site.

b) If there is a Leave Tree with damage the plot fails and there will be a $250.00 deduction in payment.

c) If there is an appropriate oak that was not treated with the proper clearance/release, then the plot fails.

d) If there is more than 1 piece of treated material over 3 feet in length in the plot, then the plot fails.

e) If slash depth exceeds 12 inches within the plot, then the plot fails.

f) If 1 snag less than 10” dbh is left within the plot, then the plot fails.

E.2-2.4 Upon inspection of all plots for a unit, the quality shall be calculated as follows:

# of passing plots ---------------------- X 100 = Quality % # of total plots

E.3 Acceptance

Work on this contract will be deemed acceptable when the quality percentage is least 90 percent for acceptance for full payment. Where inspection determines quality is below 90 percent, but above 85% the work will be accepted at a rate reduction of 2 percent for each 1 percent the quality of work that is below 90 percent. If the percentage falls below 85 percent due to inadequate treatment, the area may be reworked to bring the percentage up or no payment will be made for the work. The contractor shall pay for re-inspection costs of reworked areas.

Table

Quality Level Method Of Measure

Min Level

Selection of Cut Trees

Spacing and Protection of Leave Trees

100%

100%

90% of plots pass

90% of plots pass Plot

Plot 85%

85% 2% for every 1% below AQL

2% for every 1% below AQL

N/A

N/A

plots pass Plot

Slash Treatment and Vegetation Removal

Snag Treatment 100%

100% 90% of plots pass

90% of plots pass Plot

Plot 85%

85% 2% for every 1% below AQL

2% for every 1% below AQL

N/A

N/A

SECTION F--DELIVERIES OR PERFORMANCE

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.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work within 5 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 1 - Start: May 1, 2018 Time: 53 days Optional Item(s) 2, 3, and 4 – Additional 99 days

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 sub-items. Contractor shall complete all work on one sub-item before proceeding to another.

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.

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.

SECTION G --CONTRACT ADMINISTRATION DATA

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.

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

Measurement Methods of Measurement.

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

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.

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:

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 85 percent.

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).

Invoices.

B. [ X ] Payment will be made from Contractor's invoice uploaded into web site Invoice Processing Platform at http://www.ipp.gov/.

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.

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.

NONE

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Designated Field Representative

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Emergencies Fire Plan See Section J, Fire Plan 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):

Silviculture Projects – 230 feet around the perimeter of the unit being worked in.

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.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

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). The contractor shall avoid these areas.

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 cleanup 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.

Equipment Cleaning 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 noxious weeds. “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 noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

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.

Public officials not personally liable

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

Designation of Contracting Officer’s Representative

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

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

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Approval of Subcontracting

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor;

2. The date upon which the subcontract was entered into and its duration;

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate;

4. Documentation of the subcontractor's representative authority.

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

H.16 Certification of Compliance Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

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. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment…