AG-0261-S-09-0050 Thinning & Slash Rev.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

BOISE ID 83709

SUITE 200

1249 S VINNELL WAY

BOISE NATIONAL FOREST

029J CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/09/09 16:30

05/19/2009

208-373-4127DANIEL BULLOCK

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-0261-S-09-0050

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 62284319OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

LOWMAN ID 83637

LOWMAN ID 83637

HWY 21

LOWMAN RANGER DISTRICT

15. DELIVER TO

BOISE ID 83709

SUITE 200

1249 S VINNELL WAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$6.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

BOISE NATIONAL FOREST

Sole Source

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Small Tree Thinning & Slash Treatment on The Boise National Forest as per spcifications.

Contractors must be registered in CCr and ORCA prior to contract award

001 Small Tree Thinning & Slash Treatment ______________

TOTAL COST

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

DANIEL BULLOCK

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

AG-0261-P-09- 0050 Tree Thinning and Slashing, Lowman Burn South

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Item No.

Description Pay Unit

Est.

Qty

Unit Price Total Price

1 Small Tree Thinning & Slash Treatment acre 398 $ $

GRAND TOTAL XXXXXX $

CONTRACTORS ARE REQUIRED TO COMPLETE CENTRAL CONTRACTOR

REGISTRATION (CCR) AND ORCA (ANNUAL REPRESENTATIONS AND

CERTIFICATIONS) ON WEBSITE www.bpn.gov/ PRIOR TO CONSIDERATION FOR AWARD

OF ANY CONTRACTS WITH THE GOVERNMENT. REFER TO SECTION I, CENTRAL

CONTRACTOR REGISTRATION CLAUSE, FAR 52.204-7 AND SECTION K 52.204-8.

ANNUAL REPRESENTATIONS AND CERTIFICATIONS.

TIN #_______________ DUNS #_____________

http://www.bpn.gov/�

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009) Alternate I (OCT 2008).

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 2009)

(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:

http://www.arnet.gov/far/�

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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:

[Contracting Officer shall check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub L. 111-5).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_X__ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C.

637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C.

637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C.

2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X__ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

__X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C.

4212).

_X__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 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).

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

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

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C. 1. INTRODUCTION

C.1.1. Background.

This project is designed to reduce stand density and provide space for the leave trees to grow, develop and maintain or improve their vigor; reduce the incidence of insect and disease that affect tree growth and health; and improve desirable tree qualities and characteristics. The thinning and associated slash treatment work is also to reduce hazardous fuels and reduce the likelihood of uncharacteristic fire behavior on the National Forest Lands.

C.1.2. Scope of Contract

This solicitation is for tree thinning, and associated slash treatment on the Boise National Forest, Lowman Ranger District. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), and incidentals to perform all work necessary on the areas specified. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire unit.

C.1.2.1. This contract will be a firm-fixed price contract.

C.1.3. Location and Description

The general locations of the contract units are shown on the vicinity map with specific locations of the contract units on the individual item maps contained herein.

The boundaries of the contract units are marked with red/white stripped vinyl ribbon and supplemented with yellow "Boundary of Contract Area" tags, which identify unit numbers. In addition, several units will have no treatment exclusions. The exclusions are identified with two different types of flagging that are tied to trees and bushes simultaneously (pink, and red/white stripped), The number of exclusions within each unit shall be identified on the Summary Information Chart (section J exhibit 2). The contractor will be given the approximate location of these exclusions prior to commencment of work

All contract work shall be confined to the areas identified with the flagging and tags listed previously.

C.1.3.1 Access.

Refer to Government furnished services in Section G and Contractor requirements in Section C.3. and C.4 for additional information on access to the treatment areas.

C. 2. DEFINITIONS

Acceptable (Stocking) Density. The number of leave trees between the minimum and maximum specified in the Silvicultural Summary Prescription (section J, exhibit 03)

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

Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting

Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Conifer. A cone-bearing tree with needles.

Contract Time. See F.2. Deliveries

Cull Trees. – For the purpose of this contract, cull trees are defined as:

Cull Disease Trees

a. Any ponderosa or lodgepole pine between 1 foot tall and the maximum DBH cut limit with evidence of western gall rust in the bole of the tree. Trees with branch infections are acceptable leave trees, where they are the best tree to leave.

b. Any conifer tree between 1 feet tall and the maximum DBH cut limit with visible evidence of dwarf mistletoe brooms in more than ½ of the live crown or dwarf mistletoe caused swelling in the bole of the tree.

Cull Damage Trees

Any conifer tree between 1 foot tall and maximum specified DBH cut limit with any of the following characteristics shall be cut (unless the tree is the only tree occupying the site i.e. rock outcroppings, dense brush fields):

a. Severe crook and sweep trees.

Desirable leave tree characteristics. Trees that are desirable as leave trees have the following characteristics:

Straight stem Small branch diameter Good coloration Well-formed crown Branches horizontal or slightly angled to bole Free of insect or disease damage and/or symptoms.

Vigorous annual terminal growth (especially in last 1 to 3 years) Crown class of dominant or co-dominant Crown ratio is 40% or larger.

Characteristics of trees that are not desirable for leave trees:

Multiple tops Poor crown form Crook or sweep in the bole Dead or broken tops Poor coloration Large branch diameter Presence of insect or diseases Branches more than 45 degrees from horizontal Physical or mechanical damage Suppressed Poor annual growth Sucker limbs

Deficiency/discrepancy. Trees that are considered unsatisfactory as defined in the contract inspection procedure.

Diameter breast height (dbh). The measurement of the bole at a point 4-1/2 feet above the ground level on the uphill side of the tree.

Dominant tree. Tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

Excess trees. Leave trees that, according to specification, should have been cut. Trees not severed from the stump, hang-up trees, and stumps with live limbs. When girdling or pruning is required, excess trees also includes trees not girdled or trees not pruned that, according to specifications, should have been girdled or pruned.

Exclusion Area. Areas within the unit’s perimeter that will not be thinned. These areas are identified on the ground with two types of flagging hung simultaneously, the flagging colors are Pink and Red/white stripped.

Girdle. A cut, through the bark and cambium tissue, that completely encompasses the bole of the tree.

This is for the purpose of killing the tree.

Healthy conifer. Trees that are growing well, exhibited by good leader growth, green foliage, and at least 40 percent crown ratio (ratio of crown to overall length), has upright growth form, absence of forking or broken tops, absence of mortality causing diseases or insects in the terminal buds.

Hang-up tree. Any cut tree suspended more than 3 feet off the ground.

Leave Trees. Any tree selected to be left standing according to requirements in Section C.4.

Leave Trees per acre. The number of leave trees within one acre. Generally referred to as average leave trees per acre calculated from one or more plot samples.

Average # leave trees per acre = Total trees on all plots * reciprocal of plot size

Total no. Plots taken

Live limb. A limb of any size that has green needles attached and is attached to a stump.

Missing leave trees. Trees cut that should have been selected as a leave tree.

Period of Performance. (Also known as Performance Period or Contract Time). The number of calendar days allowed in the contract for completion of contract work. See F.2. Deliveries.

Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Spacing. The horizontal distance from the trunk of one leave tree to the trunks of the surrounding leave trees. Average spacing is calculated from the leave trees per acre.

Stream course. The area along a stream containing riparian vegetation. Stream courses are typically noted on the project maps. They require special treatment, which may include alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. The Silvicultural Summary Prescription (section J exhibit 3) will specify special treatments.

Special Protection Area. An area or zone with special characteristics such as riparian vegetation, wildlife calving areas, etc. Some special protection areas are noted on the project maps and may require special treatment such as an alteration to the timing of treatment, tree cutting, slash treatment, vehicle travel or fueling of saws. Additional special protection areas that require special treatment shall be identified by the contractor, such as: springs, streams and landslides. Refer to the Silvicultural Summary Prescription (section J exhibits 2&3) for required practices.

Thinning slash. Debris created from work under this contract, including all cut trees and shrubs

Unsatisfactory Tree. Cutting of a tree that fails to meet contract standards; includes but is not limited to:

(1) Cutting the wrong tree, failing to cut a correct tree, failure to completely sever a live limb, etc.

(2) Failure to prune a tree or pruning that is not in the contract.

(3) Failure to girdle a tree that meets the specifications is also an unsatisfactory tree.

Unsatisfactory trees are considered a deficiency or discrepancy in the contract inspection.

C. 3. Not Used

C. 4. Contractor Work Requirements and Standards

C.4.1. General.

C.4.1.1. Road Access. The Contractor may access the units from forest roads indicated on project maps.

After initial clearing of the access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access units. A four-wheel drive may be needed to access some of the units. Some roads shown on vicinity maps may not be drivable with the use of 2-wheel or 4-wheel drive vehicle.

C.4.1.2. Walk-in areas and ATV use. Some units require the Contractor to walk. Units indicated as ‘walk-in’ units cannot be driven to by a vehicle and are identified on the Summary Information Chart (section J exhibit 2).

C.4.1.3. Locked gates. The contractor shall obtain written permission to access areas behind closed gates with a motor vehicle. In cases where units are behind locked gates, the Contractor shall close and lock gates (see C.3.5) after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the unit with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

C.4.2. Tree Thinning.

Thinning reduces the density of standing trees and by purposeful selection of leave trees; improves the stand composition and condition as prescribed for each individual unit.

C.4.2.1. Selection of leave trees.

The Contractor shall utilize the Silvicultural Summary Prescription (Section J, Exhibit 03), characteristics of desirable leave trees (refer to definitions C.2) and requirements in this section for selecting the leave trees. The prescription is based on the overall composition and condition of the stand and is intended to be a guideline for achieving the desired final condition. The Contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease or animal damage problems and report them to the Contracting Officer if it is not recognized in the prescription. The Government, at the suggestion of the Contractor, may revise prescriptions with approval by the Contracting Officer. Alternate prescriptions must meet the overall stand objectives to be considered by the Contracting Officer.

The acceptable density, preferred species, and unique unit requirements for selecting leave trees are defined in the Silvicultural Summary Prescription (Section J, Exhibit 03).

C.4.2.1.1. Spacing method for leave tree selection. The Contractor shall select the most desirable leave trees based on the Silvicultural Summary Prescription and desirable leave tree characteristics within the acceptable stocking density. Alter the spacing to select the most desirable tree within 50% of the spacing guide identified in the prescription. The number of required leave trees shall not be materially increased or decreased.

C.4.2.2. Cut Trees. All trees not designated as leave trees shall be cut. Leave trees shall not be damaged in the operation.

C.4.2.2.2. All cut trees shall be completely severed, and have no live limbs (as defined in definitions) remaining on the stump, to prevent the tree from growing new vegetative material. Cut trees shall be secured so they do not roll down hill and shall not be hung up on other trees or vegetation.

C.4.3. Girdling. The Contractor shall select and girdle trees specified in the Silvicultural Summary Prescription. Girdling shall be a band, deep enough and wide enough to ensure death of the tree. See section J, exhibit 03 for specific girdling requirements.

C.4.4. Pruning. Not Applicable.

C.4.5. Release. Not Applicable.

C.4.6. Slash Treatment.

C.4.6.1. Lopping and Bucking. When required by the Silvicultural Summary Prescription (Section J, Exhibit 03), slash created in TSI operations shall be treated.

C.4.6.2. Piling. When required by the Silvicultural Summary Prescription (Section J, Exhibit 03), slash shall be piled. Piles shall be constructed at least as tall as they are wide to facilitate full consumption when they are burned. Piles shall be located to minimize damage to residual trees when the piles are burned.

C.4.7. Resource Protection. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, erosion dips, barriers and drainage, developments and streams and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

C.4.7.1. Existing Facilities. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, fences, power lines, phone lines, waterlines and other resources in all aspects of the contract work. The contractor may refuse to cut down specific trees that have potential to cause damage to facilities and shall be responsible for any damages that occur during all aspects of contract work. The contractor shall notify the COR if this occurs.

C.4.7.2. Stream courses. The Contractor shall minimize damage to stream courses.

C.4.8. Salvage. Not Applicable.

C.4.9. Quality Control. The Contractor shall prepare a Quality Control Plan as described in Section E.

The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C.4.10. Work Plan and schedule. The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award, but within 7 days before starting work.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

C.4.11. Camping and Worksite Conditions. The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions will be consistent with the requirements of Section H, Section I.2, and supplementary attachments in Section J.

C.4.12. Communications. The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor's representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

C.4.13. On-site Representative. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

C. 5. Standards

C.5.2. OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25 is available at http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

Work Statement

Performance Standard

Gov’t Method of Assessment

Incentive/Deduction

Tree Thinning, C.4.2

Quality meets or exceeds performance standard of 90%.

COR or inspector conduct periodic monitoring of operations and random plots consistent with Thinning Inspection Method described in FSH 2409.17, 6.4, Exhibit 05, Section J.

The Contractor’s quality will be reflected in the performance evaluation either as positive or negative incentive.

If Contractor achieves 90% or greater quality, the Contractor will receive full unit price as incentive.

If Contractor does not achieve at least 90% quality, the gov’t may require rework and/or deductions as per Section G and adverse performance evaluation.

Slash Treatment C.4.6

Meets slash treatment requirements.

COR or inspector conduct periodic monitoring

Rework required if Contractor fails to meet standard.

Quality Control C4.9

Contractor maintains good quality control on all aspects of operation Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

COR or inspector randomly sample and observe operations.

The quality of Quality Control provided by the Contractor will be reflected in the performance evaluation as either positive or negative incentive.

If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation.

Contractor’s plot inspections are +/- 5% of Government’s quality. Inspection completed to meet timeframes.

COR or inspector randomly observe Contractor inspection.

Review Contractor inspection sheets.

The ability of the Contractor to meet the standard will be reflected in the performance evaluation as either positive or negative incentive.

When Contractor’s plot inspections meet standards, no deduction.

If quality does not meet standard, pay deduction (Section G) and/or additional costs to the Government will be assessed

Work meets schedule as per the accepted work plan.

COR and inspector conduct periodic monitoring.

The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance evaluation as either positive or negative incentive.

Work not completed on schedule is subject to Default and may result in assessment of actual costs.

Work Plan and Schedule C.4. 10.

http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137�

C. 6. PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described. N/A

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E. 1. 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): http://www.arnet.gov/far

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

E. 2. CONTRACTOR QUALITY CONTROL PLAN

E.2.1. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP or start work based on items awarded to the Contractor and Government comments.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage.

It shall also include include a hazardous spill prevention and containment plan and safety plan.

These plans must be approved by the COR prior to starting work.

E.2.2 Plot Inspections. The Contractor shall maintain a plot system that provides an unbiased sample of thinning quality and which represents the entire area treated. At least 1 percent of the treated area shall be sampled using 1/20th acre sized plots. The Government may observe or re-inspect the Contractor’s plots at any time.

E.2.2.1. Plots shall be marked and identifiable on the ground with vinyl ribbon. The following information shall be written on the ribbon with permanent marker: The plot number, the inspector’s name, and the date.

E.2.2.2. Contractor shall provide written inspection data by unit that meets contract requirements and a sketch map with plot locations. The Contractor shall use the Thinning Inspection Plot Form (R4- 2400-4 (2/99) provided in Section J and described in FSH 2409.17, 6.4, Exhibit 04. Local codes are specified on Form R4-2400-4 in Section J and are in addition to those described in FSH 2409.17.

E.2.2.3. All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor (daily, weekly or by unit(s) or acres completed) and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be signed and dated by the person who conducted the inspection.

E.2.3. Tree Thinning Quality shall be calculated based on the equation specified on Thinning Inspection Plot Form R4-2400-4.

Quality = 1-Improper Leave tree Selection “Category A” + Excess Trees “Category B” X 100 Percent Satisfactory Trees left (S1, S2) up to maximum + credit for non-stocked spots (S3, S4) http://www.arnet.gov/far�

Trees in excess of the maximum number of acceptable trees will be considered unsatisfactorily selected (either Category B or C). Deductions for improper tree selection and improper treatment shall be included in the inspection quality. For inspection purposes, one excess tree per plot shall be allowed if that tree is less than 4 feet tall.

E.2.4. Release quality. Not Applicable.

E.2.5. Slash Treatment quality must reflect full compliance with requirements.

E.2.6. Acceptance. The Contractor’s Quality Control inspections for thinning shall be within 5 percent of the Government quality assurance to be considered acceptable.

E.2.6.1. Failure of the Contractor to provide tree thinning quality resulting in inspection results within 5-percent of the Government’s quality assurance at the completion of a unit, will deem the Contractor’s quality control unacceptable and will result in payment for that unit based on results of the Government’s quality assurance (G.3.1.). If the Government’s results are objectionable to the Contractor, a re-examination may be requested in writing. The same sample method will be used, but new plots will be selected. Plots may overlap but plot centers will not be duplicated. The Government will conduct a 2-percent sample. If the results of the re-examination support the Contractor’s submitted quality control results, those results will be considered acceptable and used for pay. If results of the re-examination support the Government’s quality assurance results, the Government’s results will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

SECTION F--DELIVERIES OR PERFORMANCE

F. 1. FAR 52.252-2 CLAUSES INCORPORATED BY REFRENCE (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(as): http://www.arnet.gov/far

FAR 52.242-14 Suspension of Work (APR 1984)

F. 2. DELIVERIES

F.2.1. Contract Performance Period and Required Rate of Progress

The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

F.2.2. Contract Time. (See Period of Performance definition). The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Item* Estimated Beginning Date Acres Completion Date 1 July 1, 2009 398 Sept 15, 2010

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) Contract Time will start when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

F.2.3. Unfavorable Conditions. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification during the period October 15 to July 1.When such conditions make work impracticable, or if wind or other conditions create extreme conditions that are unsafe for contract work, and with written request by the Contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer (per Section C) a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

F. 3. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

http://www.arnet.gov/far�

F. 4. ACCEPTANCE AND REWORK

F.4.1. Tree thinning.

F.4.1.1. When the Contractor’s inspection results are below the performance standard of 90 percent quality based on the Contractor’s quality control inspection and verified by the Government monitoring, and Category B excess trees (refer to Inspection Plot form, R4-2400-4) contribute to the deficiency, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines excess tree deficiency to be minor or an isolated situation that will not result in any material differences in the total number of trees to be left.

F.4.2. Slash Treatment. Acceptance will be determined based on the Contractor’s quality control inspection and verified by the Government monitoring and will be based on adherence to the specifications stated in the contract. Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

F.4.3. Acceptance. Acceptance will be determined based on compliance with the contract specifications.

Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.246-4 Inspection of Services.

F.4.3.1. If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

F.4.3.1.1. The Government will conduct assessment plots up to 2 times after the initial assessment for quality assessment after rework.

F.4.3.1.2. The Government will assess the Contractor the actual costs of conducting the additional quality assurance after rework. Items that may be included in the actual damages includes but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging that are incurred during the additional quality assurance.

F.4.4. Work completed after the performance period after a determination that there is no excusable delay.

Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage include but are not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

SECTION G--CONTRACT ADMINISTRATION DATA

G. 1. MEASUREMENT

G.1.1. The area to be thinned is stated in the Summary Information Chart and Silvicultural Summary Prescription. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. Acreage for thinning units as described on the Schedule of Items, Summary Information Chart and Silvicultural Summary Prescription have been either measured using GPS or estimated using GIS Arc view mapping prior to contract award. The government may recalculate unit acreage using GPS (geographical positioning system) methods or on-ground measurements following establishment of on-ground boundary locations. Recalculation of unit acreage may result in a net increase or decrease in Contractor's final payment. Contractor will be paid based on the Government's most accurate acreage estimates.

G.1.2. Re-measurement. The Contractor may at any time after award request re-measurement of any sub-item. The request must be in writing within 10 calendar days after completion of a unit or pay item. Re-measurement shall be made within established boundaries.

G.1.2.1. If re-measurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

G.1.2.2. If re-measurement results in a variance greater than 5 percent in the acreage stated in the Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

G. 2. METHOD OF CALCULATING PAYMENT

G.2.1. The Contractor’s Quality Control

For each completed unit, the Contractor’s quality control inspection percentage for tree thinning will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment. The contractor may chose to request a re-inspection by the government in accordance with section E.2.6.1

G.2.2. Payment calculation

Payment less damages will be based on the following methods.

G.2.2.1. Quality at fully acceptable performance- meets or exceeds 90 percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable, a payment will be made that provides payment at the unit price for the sub item.

Payment Example:…