A04_SOW.doc

Statement of Work –Winnemucca ESR Seedling Hand Planting FY23

1.0 SUMMARY

a. Description of Work: Furnishing labor, equipment, supplies and materials to plant bare-root and container seedlings at an average spacing of 20’ x 20’ on ~3,200 acres. Location: Work under this contract is located within 5 planting units: Unit 1 (1,017 acres), Unit 2 (350 acres), Unit 3 (281 acres), Unit 4 (396 acres), and Unit 5 (1,155 acres). The acreage in Units 1-5 has been expanded to adjust for the presence of sagebrush stands and unplantable areas. If additional planting area is required to fulfill the ~3,200 acres due to areas within Units 1-5 being unplantable or inaccessible, there are six contingency units: Unit 6 (1,036 acres), Unit 7 (465 acres), Unit 8 (480 acres), Unit 9 (245 acres), Unit 10 (822 acres) and Unit 11 (998 acres). All planting units are on lands administered by the Bureau of Land Management, Winnemucca District Office in Nevada within the Cherry Gulch Fire, south of Denio, NV, the Holloway Fire, southeast of Denio, NV, and the Martin Fire, east of Paradise Valley, NV.

b. Specification Sections:

1) B.2.0 Bare-root & Container Planting Table 1: Seedling Hand Planting Units and Specifications

Per Acre Quantity

351,890

*Total acres accounts for the number of acres within the project area for the planting unit but is not a measure of actual planting area acres within the unit. 3,200 actual acres are to be planted across Units 1-5 at a planting rate of 110 plants/acre (351,890 seedlings total).

**Contingency Units 6-11 are only to be utilized if all plantable areas within Units 1-5 have been used and seedlings remain available for planting or if Units 1-5 become unplantable or inaccessible due to ground conditions at time of planting.

2.0

DESCRIPTION/SPECIFICATIONS - SHRUB PLANTING

2.1

DESCRIPTION OF WORK

A.

The Contractor shall plant seedlings on lands administered by the Bureau of Land Management, Winnemucca District Office in Nevada.

2.2

LOCATION OF WORK

A.

All project areas are located on lands administered by the Bureau of Land Management, Winnemucca District Office in Nevada. Project area maps showing individual project area locations and the general vicinity map are included as attachments.

2.3

BOUNDARIES OF PROJECT AREAS

A.

The boundaries of the planting areas will be provided to the contractor in a GIS shapefile or as otherwise delineated by the Project Inspector. See project maps, included as attachments.

2.4

ACCESS TO PROJECT AREAS

a. Standard Access: For this contract, standard access is defined as:

1) Passable with a 4-wheel drive vehicle.

2) Foot travel to the project area boundary is less than ¼ mile. The cost of standard access is to be included in the unit price.

b. Use of Vehicles Off-Road: If a vehicle is used off-road, it shall be of such design that it will travel over rough, uneven terrain and not create wheel ruts and channels. The vehicle must meet with the approval of the Government COR (acceptable spark arrestor, free of weed seeds,etc).

C.

Use of Dirt Roads: Use of 4-wheel drive vehicles on existing dirt roads is permitted by the Government for the purpose of completing the planting contract.

2.5

FOUND EQUIPMENT

A.

Should any of the Contractor's personnel find equipment on a project area, it is their duty to report the discovery to the Project Inspector. It will be the Project Inspector's responsibility to return any such equipment to the proper facility. Any U.S. Government property found on the project area (i.e., fire hose, hand tools, etc.) is the property of the U.S. Government.

2.6

CULTURAL RESOURCES PROTECTION

A. If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters, or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistoric ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR of the findings. Operations may resume at the discovery site upon receipt of written instructions. No objects of cultural resource value may be removed.

2.7

UNIT PRIORITY

A.

The sequence of work will be determined by the COR at the pre-work conference and may be subject to change. Certain project areas may be designated as higher priority units, which would require an earlier completion than the bulk of the contract units. The Contractor will keep the COR informed of crew location and any time a unit is completed or a new unit is started. Should site conditions of originally identified units fall outside of project objectives at time of planting (ie rocky / unsuitable terrain, etc) as determined by the COR, planting will take place in contingency units. Potential change to unit location and or respective priority will be directed by the COR.

2.8

DEFINITIONS

A. 1-0 Bare-root seedling - a shrub seedling grown for one year in an open field at seedling nursery. Average 1-0 bare-root seedlings as defined by this contract will have an above-ground portion from 3-10” tall and will have root portion approximately 8-10” long.

B. Container (Containerized) seedlings – a shrub seedling grown in plastic containers with soil still intact within the container (root plug). Containerized seedlings are in tubes of approximately 9-11” long with a diameter of 2-3” and generally come in trays of 20.

C. Culling - the discarding of individual shrub seedlings from the seedling lot being planted.

D. Palming - holding the shrub roots in the hand while placing the shrub in the prepared planting hole.

E. Pruning - the cutting or tearing of shrub seedling tops, roots or branches with pruning clippers, other tools or by hand.

F. Space Blanket - provides shrub seedlings protection from direct sunlight, frost, wind and proper air circulation around bundles or boxes of shrub seedlings. The space blanket provided shall be the equivalent of International Reforestation Suppliers "Heat Shield" seedling protection tarp.

G. Supplemental Specifications - information specific to this district project.

H. Stored Seedlings- those seedlings held for storage that is not intended for planting on that specific day. Stored bare-root seedlings will be held at a temperature of 33º to 40º F degrees. Container seedlings will be stored under cover to protect seedlings from rain and direct sunlight.

2.9

CONTRACTOR-FURNISHED ITEMS

2.10

PROPERTY AND SERVICES

A.

Contractor shall furnish all labor, equipment, supervision, transportation, planting tools, materials, and containers for carrying seedlings during planting, space blankets, water and water containers for dipping seedlings, and incidentals necessary to perform 1-0 bare-root and container planting services. The planting tools, materials, and containers for carrying seedlings during planting operations shall be of design normally used in tree or shrub planting work. Planting tools must be capable of opening a hole perpendicular to the ground surface, broken on 3 sides, and at least 8 inches (container stock) and 12 inches (bare-root stock) deep and 4 inches in diameter.

B.

The Contractor shall provide seedling storage which shall maintain at a temperature between 33ºF and 40ºF degrees. At no point shall stored bare-root seedlings exceed 40ºF degrees or fall below 33ºF degrees. At no point shall bare-root seedlings be allowed to refreeze. Contractor shall store bare-root seedlings in a controlled environment to ensure consistent temperature storage between 33ºF and 40ºF degrees.

2.11

CREW REQUIREMENTS

a. The Contractor shall maintain an adequate work force at all times to insure timely completion of the work.

b. At the pre-work conference and on a weekly basis thereafter, for the duration of the contract, the Contractor shall provide a work schedule, which must be acceptable to the Government.

c. The operation contained in this contract requires a crew size sufficient for timely completion. It shall be the Contractor's responsibility to provide multiple crews as necessary.

d. Estimated start work date is September 15, 2023, and continue to December 31, 2023.

e. The Contractor shall obtain written authorization from the Project Inspector prior to camping on BLM administered lands.

2.12

SUPERVISORS

a. A non-planting supervisor, who is knowledgeable and experienced in bare root and container seedling planting and supervision, shall be provided for each crew and is required to stay with the crew while planting is in progress. No more than twelve planters are to be supervised by one non-planting supervisor.

b. The supervisor shall insure proper seedling care, handling, and planting. Should the supervisor fail to adequately perform these duties, the Government has the right to request a substitution. Persons designated by the Contractor as supervisors must perform in that capacity. The supervisor must therefore effectively direct the crew by:

1) Making periodic inspections of the crew's work

2) Advising them as to deficient work, and 3) Providing instructions for correcting such deficiencies.

This person shall be capable of speaking and reading English well enough to ensure effective communications with the Project Inspector. Any group of people without such an individual will not be considered a crew. Any changes in supervisory designations must be submitted in writing to the COR at least 24 hours prior to the change taking effect.

c. The Contractor is fully responsible for the proper planting of the seedlings by the crew(s). The Project Inspector and COR will not act as a supervisor to the crews. The project inspector and COR’s role is to ensure compliance to the contract.

d. The planting crew(s) shall know the requirements of the contract, including, but not limited to, unit location, seedling care, proper planting, spacing, scalping, and clearing.

e. Crews must be kept together at all times, working as a crew under control of a supervisor rather than as individuals in separate areas. Prior notice must be given to the COR if there is to be a significant change in crew personnel or working schedule.

f. The planter at the end of the planting line may be required to flag the line with Contractor-furnished flagging that meets the approval of the Government.

2.13

GOVERNMENT-FURNISHED PROPERTY

a. Seedlings of the age class and species of stock to be planted for each location under this contract are 1 year old bare-root and or containerized sagebrush seedlings. Bare-root seedlings have roots generally 8-10” long. Above-ground portions of bare-root seedlings have a maximum height of 10”. Bare-root seedlings are generally packed 500-1000/box, with box dimensions of 14” x 12” x 36”. Containerized seedlings will be in tubes of approximately 9-11” long with a diameter of 2-3” and generally come in boxes of 110.

b. The Government will furnish seedlings from Lucky Peak Federal Nursery in Boise, ID, or from Nevada Department of Corrections facilities. Contractor will pick up bare-root seedlings from Lucky Peak Federal Nursery. Plant pickup from Lucky Peak will need to be coordinated with the COR. The COR will provide written instruction to Lucky Peak personnel to release seedlings in an identified quantity to the contractor. The contractor will be provided with a copy of that written direction and will need to have it in-hand at the time of seedling pickup. Container seedlings will be made available at the Winnemucca District Office. Contractor will be responsible for transporting bare-root and containerized seedlings to planting units and coordinated with COR.

c. Work is contingent on the number of seedlings provided by Lucky Peak and Nevada Department of Corrections facilities. If a grower has an unforeseen issue and is unable to provide the needed number of seedlings at time of planting the COR will determine the reduced planting area. The CO will be contacted if this reduction of planting acres occurs.

d. If mycorrhizal inoculum is to be mixed with water for seedling dipping, the government will provide the inoculum at the project site. This decision will be at the Government’s discretion.

E.

The Contractor shall reimburse the Government for all lost, wasted, or damaged Government-furnished material.

2.14

SPECIFIC TASKS

1. The work consists of planting approximately ~352,000 seedlings at a spacing of 20’ x 20’ across approximately ~3,200 acres in 5 identified planting units as well as contingent locations if needed.

The work consists of planting in low to high elevations. The identified planting areas soil profiles vary from unit to unit.

Specific areas may be identified for containerized and / or bare root seedlings (or a combination of both) –units will be planted with the appropriate seedling type(s) as designated by the COR.

2.15

PERIOD OF PERFORMANCE

A.

The period of performance for this contract is estimated to begin September 15, 2023, and continue to December 31, 2023.

2.16

DISTRIBUTION AND CARE OF SHRUB SEEDLINGS

a. Bare-root seedlings will be issued to the Contractor at Lucky Peak Federal Nursery unless otherwise specified. Unless prior arrangements can be made with Lucky Peak Federal Nursery, seedlings will be frozen at the time of pickup. While in possession of the contractor, seedlings shall be protected against damage to tops and roots, including damage from freezing, heating and drying. Contractor is responsible for ensuring appropriate transport and storage of seedlings, maintaining temperature range between 33ºF and 40ºF degrees. Any refrigerated transport required to meet specifications will be provided by the Contractor.

b. Container seedlings will be made available at the Winnemucca District Office. Contractor is responsible for loading and transporting all seedlings to the planting units.

c. Seedling availability will be based on the work schedule submitted by the Contractor and agreed upon by the COR.

d. If inclement weather conditions indicate planting would not be allowed on the site, contractor will ensure that seedlings are properly stored during any time periods in which work is not occurring. Bare-root seedling storage shall maintain at a temperature between 33ºF and 40ºF degrees.

e. Seedlings may be transported in open pickups if fully covered with space blankets. Seedlings shall not be transported in heated vehicles.

f. Upon arrival at the planting site, seedlings shall be protected from direct sunlight, frost and wind, and provided with proper air circulation around the seedling containers. A space blanket covering shall be used for proper protection. The COR must approve the location and method of storage at the planting site.

g. Immediately upon removal from the nursery packages, the bare-root seedlings shall be soaked in water from their root collar to the tips of their roots for a minimum of two minutes. The water source for this must meet the approval of the COR. Soaked seedlings will be immediately placed into planting bags or other containers. Should seedling roots become dry while in planting bags or other containers, planting will stop until roots have been re-dipped in water. Mycorrhizal inoculum will be added to the water at the discretion of the COR. If Mycorrhizal inoculum is required, it will be provided as Government Furnished Property at the jobsite.

h. The number of seedlings placed in a planting bag shall be limited to a number that allows the removal of individual seedlings without damage to the tops and roots.

i. During the planting operation, planters shall remove only one seedling at a time from the planting bag or container and only after the planting hole has been prepared.

j. When seedling culling or pruning is required, it shall only be performed under the direct supervision of the COR/PI.

k. When dryness of roots, mold or other evidence of damage to seedlings is detected, the COR shall be notified immediately.

l. If inclement weather conditions, which could damage seedlings or interfere with proper planting, occur during the planting operation, the COR may suspend planting until conditions improve. Inclement weather conditions include freezing or high temperatures, drying winds, low humidity, and snowfall. When planting is suspended, any unused seedlings shall be returned to the storage point as directed by the COR.

Examples of inclement weather conditions include, but are not limited to:

1) The soil being frozen over ½ inch deep.

2) More than one inch of snow on the ground.

3) Air temperature is below 30 or above 65 degrees Fahrenheit.

4) Wind speeds, excluding occasional gusts, greater than 15 mph.

5) The soil is dry.

m. On a daily basis, or when a unit is completed or terminated, or as directed by the project inspector, all unused seedlings shall be returned to the storage point in a condition and manner that is approved by the COR.

n. Seedlings shall not be mistreated or mishandled in any manner. The COR will demonstrate proper care of seedlings. Bags or boxes of seedlings should not be tossed. Root plugs shall fit entirely within the planting hole before backfilling occurs, with the root collar or cotyledon scar flush with the existing soil.

2.17 STANDARD PLANTING METHOD

A. The Standard Planting Method will be utilized for all planting sites.

B. Proper selection of the planting spot is important and clearing efforts will be required to prepare the spot for planting. Scalping/clearing will be done to the minimum extent necessary to ensure that no organic material, snow, or other debris will fall in the planting hole.

C. Where an unplantable spot is encountered, the planter shall plant in the closest plantable spot, however, average spacing of 20 feet between seedlings shall be maintained for the unit.

D. No seedling shall be planted closer than 10 feet (half the specified spacing distance) from naturally occurring shrubs already onsite.

E. Microsites will be utilized, either by placing the planting hole within an existing microsite, or by creating a microsite (if available).

2.18

WHERE TO PLANT

A.

Plantable - Planters shall plant all areas, unless they meet one or more of the conditions defined under 2.17.B as unplantable.

B.

Unplantable – An unplantable area (spot) is characterized by one or more of the following conditions:

1) Soil covering slash or debris subject to rapid drying.

2) Rock outcrops, talus slopes and areas of stones, cobbles or gravel over 12" deep.

3) Areas covered by compacted slash over 12" depth.

4) Other areas as designated by the COR.

C.

Existing Microsite – If available within a reasonable distance (4’) of a normally spaced planting site (20’), planters will install plants within existing microsites. Existing microsites are structures which cast a shadow, and/or which eliminate or reduce soil evaporation. Examples include, but are not limited to, snags, stumps, downed logs or other woody debris, rocks. Microsite planting would occur adjacent to said feature, in a plantable spot, preferably occurring on the North or East side of the microsite.

D.

Created Microsite -- If no existing microsite is present, one will be gathered and placed on the South or West side of the planted seedling. Created microsites will only be placed if a piece of material (rock, scrap of wood, log, soda can, or similar) with a minimum area of approximately 2”x2” or greater size is available within 3’ of the planting hole.

2.19

PLANTING SPOT PREPARATION

a. The planting spot may be exposed mineral soil or covered with vegetation, gravel or slash, which will require a clearing effort before planting. Clearing will include the removal of all debris, gravel, humus, ash and living vegetation. In areas or spots meeting the above conditions, cleared spots shall be equal to the depth of the condition requiring clearing (e.g., 12" slash equals a 12" diameter cleared spot). Cleared spots shall be no smaller than 8" in diameter. In all cases, the spot cleared must be large enough to prevent any surface debris from falling into the planting hole.

2.20

HAND SCALPING

A.

When scalping all debris and vegetation, including surface roots shall be removed down to mineral soil using hand tools. Scalping shall be performed before seedlings are planted. Each scalp shall be a minimum of 8" in diameter, and after the seedling is planted there shall be a minimum radius of 4" of cleared space around the seedling.

2.21

SHRUB SEEDLING PLACEMENT

A.

The seedling shall be suspended near the center of the planting hole with roots in a near natural arrangement at a depth that, after filling, packing, and leveling, the root collar is even with or slightly below the firmed soil level. No portion of the roots shall be exposed. “J” rooting will require replanting.

2.22

PLANTING HOLE

A.

Contractor is responsible for properly planting with hand tools up to a depth of twelve inches for one-year-old bare-root stock, and eight inches for container stock. The planting hole must be wide enough to insure full suspension of root system.

2.23

SPECIFICATIONS FOR PROJECT AREAS

A. Shrub planting at 110 plants per acre, or 20’ spacing within the identified units and planted with the stock identified for each unit.

Each of the units will be dependent on the availability of plants from the suppliers.

The above unit acreages are not identified as contracted acreages, which are determined by the number of plants identified for a respective unit at a stocking rate of 110 plants/acre.

B. 1 year old sagebrush shrubs installed at 20’ spacing (110 plants/acre) C. Alternate units may be identified for situations where the planting windows may have closed in the primary unit, or if weather or other incidents create access issues to the primary unit.

D. Units can be modified as the actual planting sites are laid out on the ground. Both number of units and size range could be modified.

E. Nevada has very harsh sites with usually very limited planting windows. Planting windows commonly will last for as little as three (3) days on a site but have been known to last as long as three (3) weeks. It is also common for the sites in Nevada to begin to open, allowing for planting to begin, and then close due to freezing conditions. Because of the potential short planting windows, it is imperative that the contractor begins work (identified by a Notice to Proceed for every unit) at first notification of the windows opening.

2.24

INSPECTION PLAN

A. All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of the contract to determine compliance with specifications and provide the basis for payment. These inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures or self-inspection to assure that the work strictly complies with the specification requirements.

B. Inspection

1) Sample plots will be taken throughout each payment item to obtain a representative sample of the work.

2) The Project Inspector will mark a 1/5th acre plot (or otherwise appropriately sized respective to planting unit and project objectives) to be used to measure adequacy of spacing and quality of planting. Number of plots per acre will be determined by the COR and inspection plan details will be discussed with the Contractor during the pre-work meeting. 1 plot for every 4 acres may be established, with a minimum sampling of 2 plots per unit.

C. The number of seedlings planted within each plot will be recorded.

D. Each plot will be examined for compliance with the specifications. Specific items include:

1) Above Ground Inspection

(Includes all seedlings within the 1/Xth acre plot)

a) Spacing

b) Planting Spot Selection

c) Site Preparation

d) Planting Depth and Exposed Roots

e) Stem Position

f) Stem Damage

g) Firmness

h) Auxiliary Hole Left Open

i) Excess or wasted seedlings (two or more seedlings in one hole, etc)

j) Plastic containers / other material left on site 2) Below Ground Inspection

(The planted seedling closest to the plot center will be examined for the following:)

a) Planting Depth

b) Position of Stem

c) Planting Hole Orientation

d) Root Configuration and Orientation (Placement) e) Altered Root Length and Damage

f) "Foreign" Material in Planting Hole

g) Loose Soil or Air Pockets (Firmness) 3) Seedling damage shall include, but will not be limited to, scraped cambium tissue and broken leaders or roots.

2.25

ADMINISTRATIVE SURVEYS

A. Administrative surveys will be performed across planting rows at constant intervals to obtain a representative sample of each planter's planting quality and spacing. Adequacy of spacing will be determined by the presence or absence of seedlings on individual plots and/or actual spacing measurements between planted seedlings.

B. If quality of planting or spacing is found deficient on these surveys, the Contractor or his authorized representative will be instructed to take immediate action to correct these deficiencies, which may include replanting of unacceptable areas.

C. Contractor Inspections

1) The Contractor shall provide and maintain an inspection system acceptable to the Government.

2) If plots are taken during inspection, each plot center shall be flagged or otherwise marked and numbered in sequence.

3) Payment will be based on the Government’s inspection results. The Contractor’s inspection results are to be used as a guide for the Contractor’s use in complying with contract specifications and not as a basis for payment.

2.26

TIMELY INSPECTION

A.

Timely inspection by the Government may not be performed when the Contractor accelerates the rate of performance over and above the work schedule approved at the pre-work conference.

2.27

ACCEPTANCE OF WORK

A.

Acceptance of work will be determined by the Contractor's compliance with the specifications of this contract as observed by the Project Inspector and determined by an inspection of the planted area. Inspection procedures are summarized in paragraph 2.24 and 2.26 of this Section.

B. Work will be inspected and accepted or rejected on an individual project area basis.

C. The Contractor is encouraged to observe the inspection and will be notified of the inspection results.

D. Work Quality Percentage (WQP) – The WQP is derived from data developed from inspection plots.

E. Acceptable Quality Level (AQL) Percentage – A minimum WQP of 90 percent is required for this project.

F. Unsatisfactory Work

1) If the WQP percentage falls below 90 percent the CO will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level within one day after written notification, the CO may issue a suspend work order during which time contract performance time will continue to run.

2) When the planting quality is less than 90 percent deficient areas shall be replanted if additional seedlings are available. Once replanting is complete, if planting quality is improved to a percentage equal to or greater than 90 percent, payment will be made for the actual planting quality percent earned less the cost of the additional seedlings for the replant.

3) When planting and replanting is completed and the planting quality is less than 90 percent, payment will be made for the actual percent planting quality earned minus an additional percent planting quality penalty equal to the recorded deficiency from 100 percent planting quality less the cost of the additional seedlings for any replanting.

4) Re-inspection – When units fall below the AQL, rework may be required. When instructed by the CO, the Contractor shall rework the unit. If the unit again fails to meet the AQL, the CO has the option of accepting the unit at the WQP calculated from inspection plots or by ordering the Contractor to rework the unit again. If the CO elects to accept the unit at the WQP calculated after rework, the Contractor will be paid based on the results of the re-inspection.

5) Re-inspection Costs - The Contractor shall be charged for all the Government's re-inspection costs including, but not limited to vehicle lease costs, mileage and inspector’s wages. Re-inspection costs will be charged for any subsequent inspections after the initial inspection for payment purposes.

2.28

PAYMENT

A.

Payment will be based on the Government's inspection results.

B.

Payment will be made for completed units, for the actual number of acres completed, inspected and accepted by the Government, less the adjustment in payment based on the WQP, if any. If the WQP equals or exceeds 95 percent before rework, full payment (100%) will be made for the number of acres inspected and accepted by the Government on the completed units. Units achieving a WQP of 90-95 percent will be paid at that percentage rate.

C.

If units are accepted which do not meet the required minimum AQL, payment will be made in accordance with B.2.28 F2) and B.2.28 F3). Continued failure to meet the minimum AQL may be grounds for termination for default.

D.

The acreage for the purpose of payment is measured on the horizontal plane.

E.

Re-measurement of Treatment Areas 1) The Contractor may, at any time during the course of the contract, request re-measurement of any treatment unit if he or she feels that the acreage stated in the contract and on the project maps is incorrect. This request must be made in writing to the COR and Contracting Officer.

2) If re-measurement indicates that a variance of five percent or less exists, the Contractor will pay for the actual cost of the re-measurement. Payment for the treatment area will be based on the acreage stated in the contract.

3) If re-measurement indicates that the actual acreage variance is more than five percent of that shown in the contract, payment for the treatment area will be based on the re-measured acreage. The cost for re-measurement will be incurred by the Government.

3.0

CONTRACTING OFFICER'S REPRESENTATIVE AND PROJECT INSPECTOR

To be determined at time of award.

3.1

CONTRACT TIME

A.

The Contractor shall begin work within 5 calendar days from the effective date of a Notice to Proceed, which will be issued by the COR when appropriate weather and soil conditions occur. A separate Notice to Proceed will be issued for each contracted planting unit, since weather and soil condition windows may occur at different times at different units. The Contractor shall continue performance of the work under the contract without delay or interruption except by causes beyond his control as defined by contract clauses, or by the receipt of a "Stop Work Order” issued by the Government. Failure to do so may be cause for action under the "Default" clause. The Contractor shall complete all work identified on a Notice to Proceed within 30 days, with the contract time beginning the first day of work performed. Any delays caused by inclement weather will not be reflected within the 30 day performance period.

3.2

PRE-WORK CONFERENCE AND PROGRESS PLAN

A.

The date and time of the pre-work conference will be determined by the Contractor and the COR or Contracting Officer. At the pre-work conference, the Contractor shall provide to the COR a written "work progress plan" that details the proposed work force and timeframe to provide for orderly completion of the work within the contract performance time. This work progress plan must be acceptable to the Government. At a minimum, the work progress plan should reflect a work progress rate equal to the available amount of contract performance time. The unit sequence work progress plan will be determined by the COR at the pre-work conference and may be subject to change because of normal variations in weather conditions at no change in contract time or price.

B.

The work progress plan will be used as a guide to measure the Contractor's performance as well as to calculate the rate of seedling deliveries required to meet contract needs. If, for reasons other than adverse weather conditions, the Contractor fails to maintain his work progress plan on plantable areas and the delivered seedlings must be destroyed because of exposure or excessive storage time, the Contractor shall be liable for the Government's full cost of the destroyed seedlings. That cost will be equal to the current nursery selling price, plus delivery.

C.

Work shall progress in accordance with the established schedule. If the Contractor's progress falls behind 20 percent of the established work schedule, the Contractor's right to proceed may be terminated for default if satisfactory progress is not attained within three (3) working days after receipt by the Contractor of a written notice of deficient performance.

3.3

WORK HOURS

A.

Work hours under this contract shall be limited to the time between one-half hours before sunrise to one-half hour after sunset each day. Work will not occur on Federal Holidays unless mutually agreed upon by the Contractor and the COR.

3.4

PROSECUTION OF THE WORK

A.

The capacity of the Contractor's plant, method of operation, and forces employed shall, at all times during the continuance of the contract, be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work will be completed.

B.

If work is seriously or chronically deficient, the Contractor's right to proceed may be suspended until the performance problems can be resolved and work may resume. The contract time will continue to run during any such period of suspension.

C.

The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

3.5

ENVIRONMENTAL INTERRUPTION OF WORK

A.

Environmental -The Contracting Officer, by issuance of a stop work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order, which will document the date the stop work notice ends. All periods of interruptions directed by the Government will be documented, and contract time will not continue during said interruptions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

B.

Endangered Species -The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Stop Work Clause, FAR 52.212-12.

3.6

SUPERINTENDENCE BY CONTRACTOR

A.

The Contractor shall give his personal superintendence to the work, or have a competent foreman or superintendent satisfactory to the Contracting Officer, on the work at all times during contract performance, with authority to act for the Contractor.

3.7

SUBCONTRACTS

A.

If the contractor desires to subcontract any work under the contract, he/she shall obtain the Contracting Officer's written consent. The request to subcontract shall contain the following information:

1) Name of subcontractor

2) Description and amount of supplies or services to be subcontracted.

3) The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

3.8

RESTORATION OF RESOURCES

A.

Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

B.

Access Roads - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

3.9

FIRE DANGER SEASON

A.

If the COR allows the Contractor to continue work during periods of Closed Fire Season, the Contractor shall comply with all applicable State laws relating to fire prevention and with all special conditions of work as directed by the COR.

3.10

UNDOCUMENTED WORKERS

A.

This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Bidders are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they will be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action. Conviction of the Contractor for commission of a criminal offense referred to herein will be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

3.11

MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT REGISTRATION

A.

As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.

3.12

IMPROPER DISPOSAL OF GOVERNMENT-FURNISHED MATERIAL

A.

Improper disposal includes, but is not limited to, the wrongful ditching, hiding or burying of Government-furnished material (GFM). The Government may, by issuance of a written order, suspend the Contractor's right to proceed for improper disposal of GFM. The Contractor may be required to remove from the contract site any individuals involved in the improper disposal of GFM.

B. The Contractor will be charged for the actual costs of the improperly disposed GFM. The costs will be based on the current market value and any associated costs.