Solicitation Document.pdf

COMMERCIAL ITEM-AG-0261-S-09-0064 Alder FHP Page 1

United Sta rtment of

Agriculture

Fore Service

Idah Acquisiti

1249 South Vinnell Way Suite 200 Boise, ID 83709 tes Depa st SW o/Nevada on Center

P STEWARDSHIP

SOLICITATION NO.: RFQ AG-0261-S-09-0064

OFFERS ARE SOLICITED FOR: ALDER FH

OFFERS WILL BE DUE ON: JULY 30, 2009 @ 4:30 P.M.

A site visit will be conducted for the this project on July 21ST at 9:00 A.M. The meeting will start at the

IMPORTANT—NOTICE TO OFFEROR:

CUMENTS BACK WITH THEIR

REPONSE TO THIS SOLICITATION:

cing schedule for all items (Pg. 3) (Complete Unit Prices and Amounts) ations and Certifications: Complete the Representations and Certifications electronically via the On ications Application (ORCA) website at htt ://or

Idaho City Ranger District office, and proceed to the project sites from there.

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DO

1. SF-1449, blocks 30a-30c (Complete, date, and sign)

2. Fill out the pri

3. Provide your TIN and DUNS NUMBER (Pg. 3)

4. Represent line Representations and Certif p ca.bpn.gov)

5. Provide a Technical Proposal which responds to the Evaluation Factors (Pg.19)

THE SOLICITATION NUMBER ON THE OUTSIDE OF

Offers may alternatively be faxed to us at 208-373-4197.

IT IS REQUIRED

IT IS REQUESTED THAT YOU WRITE

YOUR ENVELOPE.

Return to: SW Idaho/Nevada Acquisition Center 1249 S. Vinnell Way Suite 200 Boise, ID 83709

THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL

CONTRACTOR REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION.

CONTRACTOR IS RESPONSIBLE FOR UPDATING THE CONTRACTING OFFICE OR

PROCUREMENT STAFF OF ANY CHANGES THAT ARE MADE IN CCR THAT COULD AFFECT

PAYMENTS TO THE CONTRACTOR (change in bank account or address). IN ORDER FOR THE

CONTRACTOR TO RECEIVE PAYMENTS, THE CONTRACTING OFFICE WILL NEED TO

NOTIFY THE NATIONAL FINANCE CENTER TO UPDATE THEIR RECORDS FROM CCR.

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

029K CODE 16. ADMINISTERED BYCODE

X

X

X

113310

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/30/2009 1630 MD

07/09/2009

208-373-4166ROBERT HOFFMAN

(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-09-0064

5. SOLICITATION NUMBER

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

1 295069OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

IDAHO CITY ID 83631

IDAHO CITY ID 83631

HWY 21

IDAHO CITY RANGER DISTRICT

15. DELIVER TO

BOISE ID 83709

SUITE 200

1249 S VINNELL WAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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.

ALDER FHP STEWARDHIP

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . 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.

CO

Wor MM RCIAL ITEM-AG-0261-S-09-XXXX Alder FHP Page 3 k Items

Sub Item/Description Unit of measure

Quantity

Unit Price

Price

E

1 Tree Thinning, Yarding, Decking and Associated

1& 21.

Acre

Slash Treatment: Alder Creek Units

Associa ed k Unit 20.

A

2*

Tree Thinning, Yarding, Decking and Slash Treatment: Alder Cree t cre

04 $ _

Acre

3* Tree Thinning, Yarding, Decking and Associated

Slash Treatment: Alder Creek Unit 25.

* Optional Items Government will have 60 calendar days to make award on items 2 & 3 ing material, bidder must fill out the Forest Products Price Schedule below for all bid items. Optional removal of timber includes all work items specified in Appendix B, C, & D

Note if bidder does not wish to purc e t ateria F ucts Price Schedule below

Minimum ceptable ate/Value Bid Price

Total Value Bid

Optional Removal of Thinning Material

If bidder wishes to purchase the thinn hase th hinning m l leave the orest Prod Blank.

Forest Products Price Schedule

Species Product Unit of

Measure Estimated Quantity

Ac Bid R

Ponderosa Pine & O top Pulpwood Tons 5,28 Tree Boles Only to 6”

1 $0.30 $ ________

Topwood material (< 6” DIB) resu ing fro ree Yarding (WTY) and Thinning material less than 8” DBH required to be yarded in All Units may also become Included Timber if Purchaser elects and paid at rates described above.

Appendix B, C, & D only apply if Optional Removal of Timber is awarded.

Taxpayer Identification Number (TIN) and DUNS NUMBER

TIN: DUNS #:

lt m Whole T

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 4

FAR 52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Governm the Government will evaluate offers oses by adding the total price for a ent’s best interests, ll options to the total price for the basic requirement. Evaluation of t obligate the Government to exercise the option(s).

989) identified in the Schedule as an option item, in the quantity and at the price chedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days for award purp options will no

(End of provision)

FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item. (Mar 1

The Government may require the delivery of the numbered line item, stated in the S . Delivery of added items shall continue at the same ontract, unless the parties otherwise agree.

FAR 52.215-5 Facsimile Proposals (OCT 1997) proposal," as used in this provision, means a proposal, revision or modification of a ed by the Government via facsimile imile proposals are subject to the sam

(c) The telephone num ile equipment is: [208] 373-4197.

(d) the Contracting Officer is unreadable to the degree that ertained from the document--fferor to resubmit the proposal.

g Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

rate that like items are called for under the c (End of clause)

(a) Definition. "Facsimile proposal, or withdrawal of a proposal that is transmitted to and receiv machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facs e rules as paper proposals.

ber of receiving facsim

If any portion of a facsimile proposal received by conformance to the essential requirements of the solicitation cannot be asc

(1) The Contracting Officer immediately shall notify the offeror and permit the o

(2) The method and time for resubmission shall be prescribed by the Contractin http://www.acquisition.gov/comp/far/current/html/Subpart 17_2.html#wp1078150

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 5

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

hip project in accordance 28, 2003 to reflect sec.

ated Appropriations Resolution, 2003, amending Public Law the Government’s for services. Work includes ement activities with

. PROJECT DESCRIPTION

(a) Description of Work- This solicitation and any resultant contract is a stewards with Section 323 of Public Law 108-7 (16 U.S.C. 2104 Note, as revised February 323 of J.J. Res. 2 as enrolled), the Consolid 105-277, sec. 347. This is a commercial item acquisition that has been tailored to fit method of trading goods

(b) Resulting Contract – Service items associated with tree thinning and stand improv optional forest product removal.

(c) Project Location – The project is located on the Boise National Forest T7N R4E Sec. 3, 2, & 1 T8N R4E Sec. 34, 35, 36, & 31. Boise Meridian, Boise County, Idaho.

2. SPECIFICATIONS

number in Schedule B pages can B, and associated road

The Contractor shall identify the quality control inspection system it will use to ensure that contract e achieved. At no time shall the contractor rely upon Government inspections to provide tion records in a format e made available upon t of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer ave unlimited access to the inspection

4. ACCEPTANCE

urance that work has ade for all or portions of work.

5. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

6. AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through (See Appendix A, Section V Deliveries or Performance) years after date of contract award.

Specifications for each Stewardship Activity individually described by an item be found in Appendix A. Specifications for timber removal can be found in Appendix plans and specifications in Appendix C.

3. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

specifications will b notification of unsatisfactory performance. The Contractor shall produce written inspec and at times and places satisfactory to the Contracting Officer. Inspection records shall b reques may observe the Contractor's inspection at any time and shall otherwise h data.

The Forest Service shall perform an inspection upon Contractor’s written request and ass been completed. Request shall be for a reasonable portion of work. Acceptance may be m

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 6

7. SCHEDULES AND REPORTS

ter issuance of a k Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

COPIES

REQUIRED

Pursuant to contract requirements, the following submittals are required within 10 days af Notice to Proceed or Tas

ITEM DESCTRIPTION

Proposed progress schedule showing starting and completion dates of various phases of the work Designation of Contractor personnel describing responsibilities and authorities 2 use the value of the timber f the work to be performed. When payment is made to the contractor for n accordance with FAR 52.232-1 – Payments.

esource Statement of ns are underway.

the B.1 Schedule of e earned at the rate as shown in le B.2. Unless otherwise omplished and accepted.

ces to payments in “Payment” clauses or provisions of this contract, payment for dship Credits as indicated in the award document.

p Credits will be established on a monthly basis. Stewardship credits will be established for the y be for all, or a

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2 and Appendix B Timber Removal Specification

11. TIMBER PAYMENT GUARANTEE

(1) General—

(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

All schedules and reports shall be submitted to the COR:

8. PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract beca will not completely offset the value o work performed, it will be made i

The value of work completed and timber removed will be documented in an Integrated R Account produced by Timber Sale Accounting (TSA) monthly when harvesting operatio

9. STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in Supplies/Services has been performed and accepted. Stewardship credits shall b the Schedule. Earned credits may be used to pay for timber value included in Schedu indicated in the Schedules, credits will be earned based upon Actual Quantities acc

10. ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding referen Stewardship Activities will be made with Stewar

Stewardshi number of units of each activity that have been completed and accepted. Acceptance ma reasonable portion of, any specific activity.

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 7

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together w minimum unobligated balance equal to the applicable charges for timber the Forest Serv in 60 calendar ill maintain a ice estimates will be cut days plus the value of any outstanding charges, or equal to the total value of the timber that has er of attorney and ch securities if payment is not made within market value at time of deposit urities shall be the maximum amount of the payment guaranteed.

m 6500-12.

ent for timber from eives an allocation that will tracts by the Forest Service.

tive administering the y Bond.

been made, the allocation to this contract shall be reallocated to other contracts at Contractor’s request.

ovided utilizing FS ent Bond—Contractor may use letters of credit in lieu of a surety bond for approved by Contracting Officer.

used) established Stewardship Credits when all of the included timber has been sh payment for the er exceeds the total value of all of the mandatory activities plus the ll make cash payment for the excess timber value.

egrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

15. FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and not been paid for.

(c) Securities shall be deposited through the Contracting Officer accompanied by a pow agreement authorizing the bond-approving officer to sell or collect su 15 days of billing by Forest Service. The penal sum of such surety bond or the of such negotiable sec

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS For

(3) Blanket Surety Bond—

(a) Contractor may furnish an acceptable bond, or deposits securities, to guarantee paym multiple contracts. Contractor shall not start cutting hereunder until this contract rec meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such con The Contractor will provide the contact information for the Forest Service representa Blanket Suret

(c) When there is to be no timber cutting hereunder for 30 days or more and payment of current charges has

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be pr Form 6500-12a.

(3) Letters of Credit for Paym payment bond purposes when

12. EXCESS STEWARDSHIP CREDITS

In the event there are excess (un cut and removed the Forest Service, at its option, shall either add more timber or make ca unused credits.

13. EXCESS TIMBER VALUE

In the event the value of the included timb ordered elective activities, the Contractor sha

14. REFUND OF EXCESS CASH

If at any time the credit balance of the Int

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 8

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than y excepted from the operation of the release.

s required. The conference will be held at the mutually agreed upon location, and will include discussion of contract terms and work performance requirements, work ssion and safety plans.

D ent shall not be responsible for any interpretation of or conclusi ation by the Contractor.

ations are the result of site visual observation.

ot limited to:

isal, maps, access own on the drawings, is inistered by the USDA, the Contractor shall obtain written is interpreted to include a campsite or trailer parking area of elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities he site and (i) dispose of solid waste in accordance with applicable Federal, State and

19. AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

tment Supervisor ork items not covered by f key personnel unless tion 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.

claims, in stated amounts, that the Contractor has specificall

16. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror i progress schedule and fire prevention/suppre

17. FAR 52.236-4 PHYSICAL DATA (APR 1984)

ata and information furnished or referred to below is for the Contractor's information. The Governm on drawn from the data or inform

(a) - The indications of physical conditions on the drawings and in the specific investigations by

(b) - Additional informational material made available to contractors including but n environmental documentation, timber cruise data, timber removal report and appra permits, etc.

18. AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than sh opened or operated on USDA land or lands adm permission from the Contracting Officer. A camp any employee working on the project for the Contractor.

(b) Unless excepted for the work force at t local regulations.

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

Overall Project Manager Logging Supervisor Fuels Trea Individual Sub-Managers – Individuals supervising individual sub-contracts for w personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions o the substitu

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 9

20. SURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES,

AND CAVE RESOURCES

als, cultural resources, protect all known and al during Contractor’s operations.

tion shall be promptly , if Contracting Officer rations.

pecial measures for the id trails. Unless agreed lade skid trails and other ditching.

area identified as needing the disturbance until esource evaluation and rom civil or criminal remedies g known areas ral resources, and been described herein, elsewhere in the contract, or designated on the ground.

on. Equipment shall not be round conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods f precipitation or runoff, ed deposits hereunder ake additional ll be treated as

22. PROTECTION OF LAND SURVEY MONUMENTS

Forest Service shall appropriately designate on the ground all known survey monuments including but not limited to horizontal control stations (Triangulation Stations), vertical control stations (Bench Marks), property corner monuments, and all Public Land Survey System monuments. This shall include reference monuments, corner accessories such as bearing trees, line trees and line posts. Identifying signs shall be posted by Forest Service on two sides of each known bearing tree, and each line post shall be posted with a metal sign or decal.

Line trees may be cut if designated by the Government.

PROTECTION MEA

Locations of known areas needing special measures for the protection of plants, anim and/or cave resources are shown on Contract Area Map and/or identified on the ground. Special protection measures needed to protect such known areas are identified.

In addition to any special protection measures noted, Contractor has a general duty to identified resources referenced in this Subsection from damage or remov Discovery of additional areas, resources, or members of species needing special protec reported to the other party, and operations shall be delayed or interrupted at that location determines there is risk of damage to such areas, resources, or species from continued ope

Wheeled or track-laying equipment shall not be operated in areas identified as needing s protection of cultural resources, except on roads, landings, tractor roads, or approved sk otherwise, trees will not be felled into such areas. Contractor may be required to backb ground disturbed by Contractor’s Operations within such areas in lieu of required cross

Contractor shall immediately notify Forest Service if disturbance occurs to any special protection measures and shall immediately halt operations in the vicinity of Forest Service authorizes Contractor to proceed. Contractor shall bear costs of r restoration to identified sites. Such payment shall not relieve Contractor f otherwise provided by law.

Forest Service has exercised due diligence and followed established protocols in identifyin needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultu cave resources have

21. EROSION PREVENTION AND CONTROL

Contractor’s Operations shall be conducted reasonably to minimize soil erosi operated when g of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period o Forest Service may temporarily assume responsibility for the work and any unencumber may be used by Forest Service to do the work. If needed for such work, Contractor shall m deposits on request by Forest Service. Any money deposited or used for this purpose sha cooperative deposits.

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 10

In authorized clearings such as Clearcutting Units and road construction clearings, and damage to survey monuments, corners, corner accessories and survey of property line m Forest Se in other instances where arkers is unavoidable, rvice shall arrange protective or perpetuative action which does not cause unnecessary delay to numents, bearing trees and r's operations. Additional er party and shall also be erty line markers are y a registered corners, corner procedures and monumentation that accords with the Instructions for the Survey of the Public Lands of the United States for land surveys. Contractor's agent be reserved.

to prevent pollution of air, soil, and water by Contractor's oyees are established on Contract Area, they shall be operated in a sanitary onal Forest lands where ational Forest lands all s

25. PREVENTION OF OIL SPILLS

ctor shall take ot enter any stream or eeds a capacity of 660 C) Plan. Such plan shall n by a registered professional engineer.

In order to prevent the spread of noxious weeds into the Contract Area, Contractor shall be required to clean all off-road logging and construction equipment prior to entry on to the Contract Area. This cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only logging and construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the Contract Area. All subsequent move-ins of equipment to the Contract Area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection

Contractor.

Contractor shall protect all known survey monuments, witness corners, reference mo line markers against avoidable destruction, obliteration or damage during Contracto monuments or objects discovered on the area shall be promptly reported to the oth protected. If any known monuments, corners, corner accessories, and survey or prop destroyed, obliterated or damaged during Contractor's operations, Contractor shall emplo professional land surveyor to reestablish or restore at the same location the monuments, accessories or line markers. Such surveyors shall use Bureau of Land Management Manual of General Land Office surveys and any applicable State statutes concerned with shall record such surveys in accordance with state survey statutes.

23. PROTECTION OF RESIDUAL TREES

Contractor's Operations shall not unnecessarily damage young growth or other trees to

24. SANITATION AND SERVICING

Contractor shall take all reasonable precautions Operations. If facilities for empl manner. Contractor shall not service tractors, trucks, or other equipment on Nati servicing is likely to result in pollution to soil or water. Contractor shall remove from N refuse resulting from use, servicing, repair, or abandonment of equipment. In the event that Contractor' Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of Forest Service.

If Contractor maintains storage facilities for oil or oil products on Contract Area, Contra appropriate preventive measures to insure that any spill of such oil or oil products does n other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exc gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPC meet applicable EPA requirements (40 CFR 112) including certificatio

26. WASHING EQUIPMENT

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 11 does not disclose such material. Disassembly of equipment components or specialized inspection tools is not e when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available r Contractor or Forest the Contract Area or on the haul route, shall be promptly reported to the other party. Contractor and

Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new e ent list of noxious weeds of concern to Forest Service is available at each Forest avoid damage to the cover, soil, and water in meadows shown on Contract ere roads, landings, and e removed by endlining.

er.

28. WETLANDS PROTECTION

ap. Vehicular or act Area Map. Unless otherwise xcept as may be rses in amounts that may ove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least it is necessary to cross anner to provide cts shall not be otherwise courses unless fully suspended.

(c) Wheeled or track-laying equipment shall not be operated in Streamcourses, except at crossings designated by Forest Service or as essential to construction or removal of culverts and bridges.

(d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for Contractor’s planned construction and Forest Service gives written authorization. Such flow shall be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season.

A Streamside Management Zone (SMZ) is a zone that contains riparian vegetation and other special characteristics. Areas identified as Streamside Management Zones (SMZ's) are shown on the Contract Area Map and designated.

required.

Unless otherwise agreed, Contractor shall give the forest service at least 24 hours notic for inspection by the forest service.

New infestations of noxious weeds, of concern to Forest Service and identified by eithe Service, on inf stations are found. A curr Service office.

27. MEADOW PROTECTION

Reasonable care shall be taken to Area Map. Vehicular or skidding equipment shall not be used on meadows, except wh tractor roads are approved. Unless otherwise agreed, trees felled into meadows shall b Resulting logging slash shall be removed where necessary to protect cover, soil, and wat

Wetlands requiring protection under Executive Order 11990 are shown on Contract Area M skidding equipment shall not be used in such wetlands, except where roads, landings, and tractor roads are approved by the Contracting Officer. Additional measures needed to protect such areas are provided elsewhere herein.

29. STREAMCOURSE PROTECTION

“ Streamcourses” that are subject to provisions of this Section are shown on Contr agreed, the following measures shall be observed to protect Streamcourses:

(a) Contractor’s Operations shall be conducted to prevent debris from entering Streamcourses, e authorized under paragraph (d). In event Contractor causes debris to enter Streamcou adversely affect the natural flow of the stream, water quality, or fishery resource, Contractor shall rem disturbance to Streamcourses.

(b) Culverts or bridges shall be required on Temporary Roads at all points where Streamcourses. Such facilities shall be of sufficient size and design and installed in a m unobstructed flow of water and to minimize damage to Streamcourses. Trees or produ hauled or yarded across Stream

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 12

Timber designation, conduct of logging, and/or slash treatment may differ in the SMZ Unless otherwise agreed to in writing and notwithstanding the contract requirements from the rest of the unit.

otherwise applicable to quirements apply to the SMZ of the cutting units specified below:

NS AND CONTROL

each cutting unit, the following special re

30. FIRE PRECAUTIO

1. Fire Period and Closed Season

Specific fire prevention measures are listed below and sha ll be effective for the period May 10 to October 20 of notice if justified by in serviceable each year. The Forest Service may change the dates of said period by advance written unusual weather or other conditions. Required tools and equipment shall be kept currently condition and immediately available for initial attack on fires.

2. State-Fire-Laws:. Where State laws provide specific requirements, these requirement

Purchaser's Operations, except at established camps and shall enforce this pro s must also be met.

hibition by all means within s where (1) campfires king and the building of esignated places shall aintain an area free of flammable material for a rchaser's Operations.

Tools. Purchaser shall furnish sufficient fire tools of a kind and type satisfactory for fire d only for suppressing le to employees. Each

," painted red and kept sealed.

shall be equipped with hat they can be readily ws, shall be equipped After installation, spark-arresting arrester muffler affixed and in good working standards approved by n 8-ounce capacity, by rger, round-pointed shovel shall also be provided.

ood working condition at all times.

The shovel and extinguisher shall be readily available.

Blasting. The use of fuses and detonating cord in blasting shall not be permitted.

During Fire Precautionary Period, blasting shall be permitted as follows:

A. When the predicted Condition Class reaches 3 (High), a watchman shall patrol the blasting area for at least 1 hour following blasting. The watchman shall have available for immediate use a standard fire shovel and a 5-gallon water filled backpack pump.

B. When the predicted Condition Class reaches 4 (Very High), blasting shall be restricted to cleared areas and terminated daily by 11 a.m. local time. The watchman requirements shall be as in item A above.

Purchaser's power. Forest Service may, on written request of Purchaser, designate place may be built for the purpose Smoking and Lunch Fires. Purchaser shall prohibit smo fires by persons engaged in of heating lunches or (2) smoking may be permitted. Such d be cleared of flammable material to mineral soil prior to use.

Debris Around Structures. Purchaser shall clear and m distance not less than 15 feet from buildings, tents, and other structures connected with Pu

Furnishing of suppression to equip persons engaged in Purchaser's Operations. Fire tools shall be use wildfires. Tools shall be stored in fireboxes provided by Purchaser and readily availab toolbox shall be marked "Tools for Fire Only

Fire Tools on Equipment. Each tractor, power skidder, power loader, and motor truck one size 0, or larger, round-pointed shovel. Shovels shall be so placed on the machines t obtained at all times.

Spark Arresters. Each gasoline or diesel internal combustion engine, except powersa with a spark-arresting device which has been approved by Forest Service.

devices shall be kept in a satisfactory working condition.

Powersaws. Each gasoline powersaw shall have a spark condition. Said spark arrester-muffler shall be of the construction and maintained to the Forest Service. In addition, one chemical pressurized fire extinguisher of not less tha weight, and one size 0, or la

The spark arrester-muffler, extinguisher, and shovel shall be maintained in g

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C. Blasting operations may be terminated when the predicted fire danger reaches extrem

Gasoline and Oil Storage. Gasoline, oil, grease, or other highly flammable materia separate building (or on site where all flammable debris has been cleared away withi Storage buildings (or sites) shall be a minimum distance of 50 feet from other structures.

dry sand in a covered container of not less than 25-gallon capacity (or a fire extinguisher capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires), gasoline and oil shed, or ot e conditions.

l shall be stored in a n a radius of 25 feet).

A suitable shovel, and of not less than 2-quart shall be placed at each her motor-fueling station. Mobile servicing units shall be equipped with a fire ratory for gasoline and aintained to the safety ce Health and Safety Code, dated March l970, as revised.

Burning Plan. No slash burning shall be started by Purchaser without obtaining Forest Service approval of a

S-OF-WAY

shall be confined to said rights-of-way and limited by t infringe re available in the needed for harvesting orest Service has such authority. The location and ll be agreed to before construction is started. Contractor au for construction without charge construction timber designated by agreement.

and Specified Roads, hauling can be done mporary or National Forest system road cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the ni ion work that Contractor shall perform before hauling.

ith Road Maintenance Requirements and the Road Maintenance Specifications. Performance of road maintenance work by Contractor may be required prior to, during, or after each period of use. The timing of work accomplishment shall be based on Contractor’s Operating Schedule (See Appendix C)

34. USE BY OTHERS

Forest Service shall have the right to use any road constructed by Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Contractor hereunder when such use will not materially interfere with Contractor’s Operations. Such third party use shall be contingent upon the third party paying a fair share of maintenance cost commensurate with such commercial extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Labo oil fires.

Camp Hazards. Stoves, stovepipes, chimneys, and electric wiring shall be located and m standards set forth in applicable sections of the Forest Servi written burning plan and also obtaining a burning permit from Forest Service.

31. REQUIREMENTS OF RIGHT

Contractor’s road construction and use on rights-of-way the related easements and stipulations, if any, unless Contractor makes other arrangements that will no upon or adversely affect the grantee’s rights. Said easements or right-of-way documents a offices of the Forest Supervisor and District Ranger.

32. USE OF ROADS BY CONTRACTOR

Contractor is authorized to maintain roads, bridges, and other transportation facilities, as Included Timber on National Forest and other lands where F clearing widths of all Temporary Roads or facilities sha is thorized to cut and use

Except as provided herein, Contractor is authorized to use existing National Forest roads when such use will not cause damage to the roads or National Forest resources and when safely. If Contractor’s use of an existing te mi mum reconstruct

33. ROAD MAINTENANCE

Contractor shall maintain roads, commensurate with Contractor’s use, in accordance w

COMMERCIAL ITEM – AG-0261-S-09-XXXX Alder FHP Page 14 use. Unless otherwise provided, Forest Service shall authorize other uses of roads constructed by Contractor appropriate arrangements to relieve Contractor of related maintenance costs c truction and thereafter by nably accommodate such established use. Contractor shall have the right to bed in the contract.

d, the Contractor shall furnish all labor, materials, equipment, tools, transportation, d nd perform all work required to complete the project in accordance with drawings, specifications, s idental to and included ontractor’s Operations pliance with s between the requirements ral safety requirements, the

Purchaser’s Operations ty for compliance with safety requirements for Purchaser's employees.

urchaser’s Operations are in progress adjacent to or on Forest

Service controlled roads and trails aintain all us or potentially hazardous conditions associated with Purchaser’s Operations. Purchaser and Forest Service shall agree to a specific Traffic l be appropriate to current ed, flagmen and devices

Traffic Control Devices for Streets and Highways” (MUTCD).

37. PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

hereunder only if:

a) Forest Service makes ( ommensurate with such other uses and

(b) Such other uses will not materially interfere with Contractor’s Operations.

Where Contractor reconstructs a road having established use, the use during recons Contractor shall be such as to reaso use such reconstructed road without material additional interference from other users.

35. INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project descri Unless otherwise provide an supplies a and provisions of the contract. Payment for contract work will be made only for and under those pay item included in the Schedule of Items. All other work and materials will be considered as inc in the payment for items shown.

36. SAFETY

Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of C and conduct of other official duties on Contract Area. Contractor has all responsibility for com safety requirements for Contractor's employees. In the event that a conflict develop of this contract or agreed upon methods of proceeding hereunder and State or Fede contract shall be modified and Contractor may request an equitable adjustment.

Purchaser’s Operations shall facilitate Forest Service’s safe and practical inspection of and conduct of other official duties on Contract Area. Purchaser has all responsibili

Unless otherwise agreed in writing, when P open to public travel, Purchaser shall furnish, install, and m temporary traffic controls that provide the user with adequate warning of hazardo

Control Plan for each individual project prior to commencing operations. Devices shal conditions and shall be covered or removed when not needed. Except as otherwise agre shall be as specified in the “Manual on Uniform

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4. The contractor shall provide each employee who operates a chain saw, chain employee, and assure the chaps are worn during saw operations. These chaps m Underwriters Laboratory or meet Forest saw chaps at no cost to the ust be approved by

Service specification 6170-47. The chaps shall cover the full rovides adequate traction hat is constructed with nning chain saw.

shall provide, at no cost to the employee, a hard hat and assure that each employee who flying objects wears a ards Institute (ANSI) -1997.

there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

where there is a potential the same force and effect as if they were give ex ake their full text available. Also, the full text of a cla address(es):

http://www.arnet.gov/far length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that p and ankle support. Employees operating chain saws shall wear foot protection t cut-resistant material which will protect the employee against contact with a ru

6. The contractor works in an area where there is potential for head injury from falling objects or hard hat that meets the minimum requirements of American National Stand standard Z89.1

7. The contractor shall provide, at no cost to the employee, eye protection where

8. The contractor shall provide, at no cost to the employee, hearing protection for hearing loss due to high intensity noise e.g., chain saw operation.

38. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This t inc y reference, with contrac orporates one or more clauses b n in full t t. Upon request, the Contracting Officer will m use may be accessed electronically a this/these http://www.usda.gov/procurement/policy/agar.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992)

52.228-14 Irrevocable Letter Of Credit (DEC 1999)

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 www.wfl.fha.dot.gov/design/specs/fp03.htm

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39 orestry

INATIONS

RACT ACT

By direction of the Secretary of Labor

Shirley F. Ebbesen Director

Division of Wage Determinations

TMENT OF LABOR

ENT STANDARDS

NISTRATION

WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Wage Determination No.: 1995-0228

Revision No.: 22

Date of Last Revision: 05/26/2009

. WAGE DETERMINATION - F

REGISTER OF WAGE DETERM

UNDER THE SERVICE CONT

U.S. DEPAR

EMPLOYM

ADMI

State: Idaho Area: Idaho Statewide

**Fringe Benefits Required Follow the Occupational Listing** anagement, and cleaning of public use areas services.

CODE - TITLE OOTNOTE RATE

ial Thinner 14 .63 r 17 .52 r 21 .38 out 14 .63 t Operator 18 .39

08160 - Forestry/Logging Heavy Equipment Operator 20 .33

20 .33

08250 - General Forestry Laborer 8 .70

08280 - Nursery Specialist 21 .42

08310 - Slash Piler/Burner 14 .63

08340 - Tree Climber 16 .03

08370 - Tree Planter 12 .62

08400 - Tree Planter, Mechanical 12 .62

Employed on contracts for forestry, land m

OCCUPATION F

08010 - Brush/Precommerc

08040 - Choker Sette

08070 - Faller/Bucke

08100 - Fire Look

08130 - Forestry Equipmen

08190 - Forestry Technician

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ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

r; 3 weeks after 5 years, e includes the whole span of continuous service with the present e performance of similar

Luther King Jr.'s Birthday, morial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, as Day. (A contractor may substitute for any of the named holidays another day See 29 CFR 4.174)

If employees are required to wear uniforms in the performance of this contract (either by the terms of the ing such uniforms and borne by an employee

. The Department of umber of uniforms here uniform cleaning tractors subject to this bona fide collective bargaining agreement providing for a ative proof as to the actual cost), reimburse all employees per week (or $.67 cents per day). However, in those routinely washed and dry cleaning, daily ards set by the terms of s no requirement that

TERMINATION **

and Hour Division fit provisions that are

Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R.

5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successo and 4 weeks after 15 years. Length of servic contractor or successor, wherever employed, and with the predecessor contractors in th work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Washington's Birthday, Me Thanksgiving Day, and Christm off with pay in accordance with a plan communicated to the employees involved.) (

** UNIFORM ALLOWANCE **

Government contract, by the employer, by the state or local law, etc.), the cost of furnish maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be where such cost reduces the hourly rate below that required by the wage determination Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate n without cost or to reimburse employees for the actual cost of the uniforms. In addition, w and maintenance is made the responsibility of the employee, all contractors and subcon wage determination shall (in the absence of a different amount, or the furnishing of contrary affirm for such cleaning and maintenance at a rate of $3.35 instances where the uniforms furnished are made of "wash and wear" materials, may be dried with other personal garments, and do not require any special treatment such as washing, or commercial laundering in order to meet the cleanliness or appearance stand the Government contract, by the contractor, by law, or by the nature of the work, there i employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DE

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage does not recognize, for section 4(c) purposes, prospective wage rates and fringe bene effective only upon such contingencies as "approval of Wage and

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UTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} ot listed herein and which is y classification listed in fications listed in the ages and furnished the ractor prior to the

) of employees. The conformed classification, wage rate, mmencement date of the contract. {See Section 4.6 (C)(vi)}