SF-1449_Abe's_Animals.doc

AG-0276-S-09-0027

Machine Piling/Biomass Removal

July 10, 2009

7. FOR SOLICITATION

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

OROFINO, ID 83544

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7,000,000 OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Clearwater National Forest, Palouse Ranger District

TO BE CONSIDERED FOR AWARD:

COMPLETE AND RETURN

*Form 1449 *Technical Proposal (Pages 30-31)

* Provision 52.213-3 Offeror Representations and Certifications (Pages

32-43) YOU MAY FAX YOUR QUOTE TO 208-476-8288 or MAIL YOUR QUOTE TO THE ADDRESS IN BLOCK #9 (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1.1 1.2 1.3

1.4

1.5

1.6

1.7 Abe’s Animals #13, 279-5-49/277-4-20, Intermediate Harvest, 148 Acres Total, 48 Acres to be worked Abe’s Animals #14, 277-4-21/279-5-71, Intermediate

Harvest, 30 Acres Total, 10 Acres to be worked Abe’s Animals #16, 277-4-22, Intermediate Harvest, 8 Acres Total, 10 Acres to be worked

Abe’s Animals #17a, 277-4-24, Regeneration Harvest, 12 Total Acres, 12 Acres to be worked

Abe’s Animals #17, 277-4-23, Regeneration Harvest, 37 Acres Total, 37 Acres to be worked

Abe’s Animals #22, 279-5-72, Regeneration Harvest, 9 Total Acres, 9 Acres to be worked

Additional Hourly Work

TOTAL BID

Unknown

LS

LS

LS

LS

LS

LS

HR

00 XXXXX

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

DESCRIPTION/STATEMENT OF WORK

A. SCOPE OF CONTRACT

It is the objective of this contract to obtain high quality services to ensure adequate fuel reduction across all sites and achieve adequate site preparation of the regeneration units that will be planted after site preparation is complete. The government prefers biomass removal under this contract. The Contractor shall perform this work in compliance with all terms, specifications, and provisions of this Contract. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished), and incidentals necessary to perform fuel reduction services on the designated areas.

Fuel loading may be reduced through the removal of the material from the sites for utilization or through the creation of machine piles on-site, which would then be treated by the Forest Service to complete fuel reduction. The Forest Service prefers to have as much material as possible removed from the site.

B. LOCATION AND DESCRIPTION

The project consists of fuel reduction using machinery on the Palouse Ranger District of the Clearwater National Forest. The project sites are located in the Abe’s Animals timber sale area north of Bovill, ID. See project map in Section O, Attachments, for detailed location information.

(1) Item 1: Abe’s Animals: Some of these units are Regeneration cuts. Some are Intermediate cuts. The regeneration units will have the entire unit treated for fuel reduction and site preparation (through biomass removal and/or piling). For the Intermediate units, only a portion of the unit will be treated for fuel reduction (through biomass removal and/or piling). Acreage estimates are provided to give an idea of how much work will be needed.

(a) Subitems 1.1 – 1.3: Abe’s Animals Units 13, 14, and 16 (61 estimated acres) will require fuel reduction (biomass material removal and utilization or machine slash piling) only on portions of the units designated by the Forest Service where machines have already worked and where slope and terrain features are appropriate, typically existing machine trails for a width of 50 feet. The harvest prescription for these units was Commercial Thin. The portions of these units to be piled were slashed by the FS. These units will not be planted after fuel treatment is complete. It is estimated that there are 2400-2500 tons of material available for removal.

(b) Subitems 1.4 – 1.6: Abe’s Animals Units 17a, 17, and 22 (58 acreswill require both fuel reduction (biomass material removal and utilization or machine piling) and ground scarification across the units. The harvest prescription for these units was regeneration cut, Clearcut or Seed Tree with Reserves. These units have been slashed and will be planted after fuel treatment is completed. It is estimated that there are 1900-2000 tons of material available for removal on these units.

(c) Subitem 1.7: Additional hourly work is not guaranteed under this contract, but if requested, would be for incidental work in nearby areas.

Contractors are encouraged to visit the project sites in this solicitation, as well as areas that have been successfully piled to these specifications in past contracts. These units are behind a locked gate in a timber sale area. Contractors may arrange to obtain access behind gates to perform a site visit by calling Lisa Spinelli or Tom McWilliams at (208) 875-1131.

C. GOVERNMENT-FURNISHED PROPERTY

Gate keys, if needed to access Units, will be signed out to the Contractor by the Government for the period of use needed to complete contract work. Keys will be returned to the Government upon completion of contract work.

D. DEFINITION OF TERMS

1) Biomass. Vegetative material not meeting merchantability specifications; lodgepole pine less than 6” dbh, all other tree species less than 7” dbh.

2) DBH (Diameter Breast Height) - Diameter of the trunk measured at a point 4 1/2 feet above the ground level on the uphill side of tree.

3) Dead and downed logs - Any log at least 12" in diameter on the smaller end and at least 8' in length

4) Fuels - Wildland vegetative material which can burn. It includes woody debris, suspended or down, and standing live trees 10” dbh or less that are not selected as leave trees.

5) Hangup Tree - Any cut tree that leans against or is suspended by an uncut tree more than 3 feet off the ground.

6) Ladder fuel reduction - The cutting of excess trees to reduce the potential for ground fire to reach the overstory tree crowns while leaving the number of desireable trees per acre to maintain current or future forest structures that meet various resource objectives.

7) Slash - Any vegetation that was cut by the Contractor or previous contractor.

E. TECHNICAL SPECIFICATIONS

1) DESIRED FUTURE CONDITION

The work objective is to provide adequate fuel reduction in both the regeneration units as well as the intermediate harvest units such that the desired future condition as described below is met for all sites.

The work, whether done under hour or acre unit measurement, will be performed to accomplish the following specific performance objectives:

(a) Regeneration units: In addition to hazard fuel abatement, slash treatment here must also provide for site preparation for hand-planting of conifers. Approximately 75% of the entire unit surface area should have logging slash, uprooted brush, and excessive concentrations of organic burnable material in the 0” – 4.5” size class removed. Material will be predominantly burnable organic matter with a minimum of soil content. This will enhance the site for hand-tree planting and also effectively reduce the fuel hazard. Approximately 25% of the entire unit surface area should have some woody material remaining on the ground to provide adequate shading and long-term nutrient release throughout the unit. In order to meet soil fertility mitigation requirements, coarse wood will be retained at 7-25 tons per acre, with a variety of size classes across these regeneration units. Unsound, decomposing pieces are preferred over sound pieces. Scarification for site preparation will be accomplished so that the ground surface on no more than 40% of the unit surface is scarified; however, in order to avoid excessive maneuvering with equipment, it is acceptable to leave isolated pockets of slash and debris.

Regeneration units will either have machine piling and ground scarification on those portions of the units that have acceptable machine slopes and working conditions or the material that would have been piled may be removed and utilized as biomass. The harvest prescription for these units was either a shelterwood, or a clearcut with reserves. These units were slashed prior to this activity and will be planted after fuel treatment is complete.

(b) Intermediate treatments: There was at least 50% overstory canopy left on site after harvest. These units will not be planted; no site preparation will be done on them. Hazard fuel reduction in these units will consist of disrupting fuel continuity by converting some existing machine trails into fuel breaks. Material in the same size class as above will need to be removed along designated existing machine trails and for a distance of 25’ on either side.

Intermediate treatments will require fuel reduction on no more than 40% of the existing machine trails on the average for all units within an Item in the form of material removal for biomass utilization purposes, or machine piling.. The removal of natural and activity fuel along those trails will serve to strategically disrupt fuel continuity and isolate areas of slash. The harvest prescription for these units was a commercial thin. The areas to be worked were slashed by the FS. These units will not be planted after fuel treatment is complete. The areas to be worked will be determined by the Government and discussed with the Contractor during site walk-throughs and prework meetings. Flagging will be hung if necessary.

(c)

If the desired future conditions will be met through biomass removal and utilization, the Contractor will adhere to the agreed upon plan as detailed in the negotiated proposal during the bidding process. Clauses referencing, Presentation for Weight Scaling, Volume Determination, and Weight Accountability will apply.

(d)

If the desired future condition will be met wholly or in part through the creation of machine piles, then slash and debris meeting the following description for “Material to be Piled” shall be piled in such manner that will provide for:

· Complete and unattended combustion of the piles with relatively minor effort of ignition.

· Piles shall have no significant quantities of soil mixed with material that would impede free combustion. Exceptions are scattered pieces of wood and isolated pieces of slash described under “Long-term Nutrient Recycling” that shall be left on each acre to provide nutrients and shade for young trees.

· Where feasible, piles shall be placed in such a manner that they may be reached from the road to facilitate any potential future utilization opportunities.

The size classes of material to be piled, the approximate dimensions of the piles and the approximate percentages of material to be piled and to be left laying on the worksites are as follows. Minor adjustments to these specifications may be ordered by the COR on a unit-by-unit basis. The work, whether done under hour or acre unit measurement, will be performed to accomplish the specific objectives listed under ‘Performance Objectives’.

2) EQUIPMENT PERFORMANCE CAPABILITIES

All equipment shall be in good operating and mechanical condition and operated in a proper and safe manner. The Contractor shall use equipment meeting the following capabilities:

(a) Safety:

The equipment used to perform this work shall meet all safety standards and shall be in good mechanical condition. Adequate guarding is required to protect both machine and operator and a seat belt is required for the operator. Past experience indicates this type of operation can expose the machine and operator to significant hazards caused by dislodged falling material or debris projected toward the machine from front, sides, and bottom.

(b) Slopes:

Equipment must be capable of operating on slopes up to, but not exceeding, 55%. Slopes ranging from 40 - 55% will seldom be encountered. Slopes generally will vary from 0 - 40%, with a mean general average of 25 - 35%. Piling on slopes steeper than 35% would only occur on occasional skyline corridors where direct upslope - downslope operation will take place. Sidehill operation on 45 - 55% slopes will not be required.

(c) Details:

Spacing between leave trees in Commercial Thin units averages may be very tight. For piling, the equipment shall be capable of reaching up to 20 feet on either side of the machine and shall be capable of piling slash a minimum of 10 feet in height from ground level. Grapple, bucket, brush rake, or combination, shall be able to support the weight of the machine to lift the machine off stumps and rocks, and to assist moving the machine on steep ground. A crawler-type excavator with horsepower rating of 80-125 hp has successfully performed this type of work in the past. For biomass removal, please describe in detail the equipment that will be utilized.

Heavy track mounted equipment or other mechanical apparatus proposed for use on this contract shall meet the following specifications:

1. Maximum ground pressure of less than 6 pounds per square inch, horsepower rating greater than 45, and a climbing ability up to 40 % slope.

2. Effective arm reach of 20 feet.

3. Non leaking fluid systems.

4. Ability to process fuels 12” DBH or less.

5. For tracked equipment, operator cab, engine and arm shall be able to rotate 360 degrees while tracks remain stationary.

6. Equipped with an approved spark arrester as described in Spark Arrester Guide, General Purpose and Locomotive, NFES 1363.

7. Equipped with one filled 5 gallon water backpack pump, complete with carrying straps and trombone style pump. Backpack unit must be free from defects.

8. All multi-position small engines must be equipped with an approved spark arrester as described in Spark Arrester Guide, Multiposition Small Engine, NFES 2363.

3) PERFORMANCE OBJECTIVES

(a)

MATERIAL TO BE TREATED:

Size: Logging slash, uprooted brush in specified areas, and excessive concentrations of organic, burnable material. Material in the 0" - 6" size class will be treated. Material will be predominantly burnable organic matter with a minimum of soil content.

Quantity/Area: In Regeneration units, approximately 80% of the entire unit surface area should have this size material eliminated in order to enhance the site for hand tree planting and/or to effectively reduce the fuel hazard. In Intermediate units, no more than 40% of the unit area will be treated, either through material removal or piling. This will occur on select, existing machine trails to disrupt fuel continuity by creating fuel breaks.

(b)

PILE REQUIREMENTS:

Material must be placed into piles of sufficient height so that piles will ignite readily and burn up completely. Emphasis will be placed upon pile compaction and height over pile width because high, well-compacted piles ignite readily and burn up completely. More than a minor amount of soil included in the pile will inhibit clean combustion. Slash must be tightly pressed into piles as opposed to loosely arranged in order to support complete combustion. Minimum pile height is 6 feet. Past experience indicates that a ratio of two vertical feet to three horizontal feet results in piles with optimal burning capability. For example, a pile 6 feet in height should be 9 feet wide or a pile 12 feet in height should be 18 feet wide. These are the guidelines to be used in determining a pile's acceptability. In areas of units that contain a minimum of slash, piles can be made smaller than the specifications indicated with the approval of the COR. Small piles that are placed close to one another will not be accepted; consolidation of piles will be required.

LONG-TERM NUTRIENT RECYCLING:

In Regeneration units, approximately 20% of the entire unit surface area should have some woody material remaining on the ground to provide adequate shading and long term nutrient release for planted tree stock or natural regeneration. This material shall be evenly distributed throughout the unit. Unsound, decomposing pieces are preferred over sound pieces. In order to avoid excessive maneuvering, it is acceptable to leave isolated pockets of slash and debris. This will also apply to areas where there is not enough slash to make an acceptable pile.

(d)

GROUND SCARIFICATION:

In Regeneration units where ground scarification is required, the work will be accomplished so that the ground surface on no more than 40% of the total unit surface area is scarified in a manner to meet the objective to create a favorable germinating and growing environment that will ensure a higher percentage of tree survivability by reducing the surface competition with other herbaceous material. In addition, it is desirable that the scarification process provides a mineral soil growing environment that is mostly devoid of mixtures of surface litter and duff.

4)

RESOURCE PROTECTION:

Work will be performed in such manner that resource damage is minimized and/or mitigated at all times. Damage to delicate soil compositions, creation of erosion potential, and scarring of leave trees and standing adjacent timber will not be acceptable. In units with a commercial thin harvest prescription, most machine travel will be along existing machine trails. Adequate erosion barriers will be constructed within the area of activity to eliminate soil erosion.

Any existing facility including but not limited to roads, water bars, culverts, drainage ditches, fences, cattle guards, bridges, pavement, or structures that are damaged as a result of the Contractor's actions shall be repaired or replaced by the Contractor at no cost to the Government.

The Contractor will not operate any equipment within 20 feet of any live stream.

5)

NOXIOUS WEED CONTROL:

In order to prevent the potential spread of noxious weeds, contractor will be required to use weed-free equipment. Contractor will remove all mud, dirt, and plants from all off-road equipment before moving into project areas. Cleaning must occur off National Forest lands. Equipment must be inspected by the Government prior to moving onto National Forest lands.

6) SALVAGE

Biomass removal will be permitted under this contract. Biomass is defined as vegetative material not meeting merchantability specifications, lodgepole pine less than six (6) inches in diameter at breast height (7” DSH), and all other tree species less than seven (7) inches in diameter at breast height (8” DSH).

7) ROAD CLEARING

Areas identified as roads shall be kept clear of contractor created slash piles from the top of the cutbank to the downhill edge of the fill. Slash piles will not be permitted on road surfaces. Some trails may be identified to remain slash free as well.

8)

FUEL STORAGE

If the Contractor maintains a cache or storage of petroleum products on site of 100 gallons or more, Contractor shall provide a Spill Prevention Control and Countermeasures Plan. Contractor shall take appropriate measures to ensure containment of any spill from storage and keep from entering any watercourse, stream, or body of water. It is the responsibility of the Contractor to notify the COR immediately if there is a spill of 5 gallons or more of any petroleum product. The Contractor shall be held liable for cost of clean up and restoration of resource.

9)

REFUELING

All refueling, maintenance, servicing, and repairs shall be done at landings. Fuel, oil, or other liquids contained in tanks, equipment, reservoirs, or storage for operations site shall not be dumped on the ground.

10)

ADDITIONAL FOR BIOMASS REMOVAL

The following will also apply when products are being hauled off Forest Service lands using Forest Service roads:

PRESENTATION FOR WEIGHT SCALING

To facilitate the need for loads to be presented so that they may be weighed in an economical and safe manner and to aid in accountability, the Contractor, unless otherwise agreed in writing, shall:

· Utilize scales that meet the standard for commercial vehicle scales defined in the National Bureau of Standards Handbook 44, current edition.

· Weigh all loads on scales currently certified by the State in which weighed. Scales must have a current inspection tag or seal posted which shows the date of the most recent test by the State weights and measures agency. No load shall be presented for weighing that weighs more than the certified capacity of the scales in use. Each load shall be weighed as a single unit with the gross and tare weights stamped and recorded by an automatic recording device on the scales. In addition to the gross weight and the tare weight of the load, the Contractor shall record the following information on each weight slip:

· Sale name

· Load Removal Receipt number

· Date and time weighed

(b)

VOLUME DETERMINATION

Volume determination shall be based on Weight Measurement unless otherwise agreed. Products shall be weighed on certified scales at locations agreed to by Contractor and Forest Service. The weight ticket, showing sale name, truck ticket number, date and time weighed, and the gross and tare weights, shall be attached to the Truck Ticket Scaler Receipt/Permit and placed in the location(s) as designated by the Forest Service. Upon request, Contractor shall furnish Forest Service a copy of the scales certification.

In the event of weight scale equipment breakdown or suspension of use for other reasons, hauling will be suspended until Contractor and Contracting Officer agree to an alternate weighing location.

If load removal receipts or weigh tickets are not provided for any reason, Forest Service shall use data from the records during the period in which loss occurred to determine weight of load(s). The weights of such load(s) shall be deemed equal to the load with the heaviest net weight presented during the payment period in which the loss occurred.

Payment for lost products may not be required if Forest Service determines that the weight of such lost products involved is small and justified by existing conditions.

WEIGHT ACCOUNTABILITY

Products shall be accounted for as follows:

· Requirements Applicable to Contractor Accountability Obligations

· Where Contractor's product accountability responsibilities are concerned, all operations performed by Contractor's employees, agents, contractors, subcontractors, their employees or agents, Contractor's obligations shall be the same as if performance is by Contractor.

· Requirements Applicable to Woods Receipt Ticket Book

· Forest Service will issue to Contractor or designated representative(s) serially numbered Woods Receipt ticket books for use only on this sale. Woods Receipt ticket books whether used or unused shall be accountable property of Forest Service and shall be returned to issuing District Ranger in accordance with instructions contained on cover of each book.

· Contractor shall require:

· All receipts be filled out in ink by an individual named in writing other than the truck driver and be attached to load before products are hauled from immediate vicinity of or adjacent to location where loading is done showing date loaded, brand, sale name, and destination where products will be weighed. Receipts shall be attached in accordance with instructions on inside cover of Woods Receipt ticket book.

· Before products are hauled, truck driver to sign legal signature in ink on Woods Receipt stub.

· Contractor shall assure that all used Scaler Receipts are returned to the issuing Contracting Officer or as otherwise agreed.

· Requirements Applicable to Weight Slips

· Contractor shall assure that:

· All products removed are presented for weighing at agreed to locations and that gross and tare weights are obtained on certified scales.

· That weight slips for each load are attached to proper Scaler Receipt and returned to the Palouse Ranger District (attn: Lisa Spinelli) by the 4th of every month.

· All Scaler Receipts through the last day of the month are sent to the Palouse Ranger District Office by the 4th of every month.

F. CONTRACTOR QUALITY CONTROL – Inspection of Services

Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

1) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

2) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

3) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

4) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may:

· Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

· Reduce the contract price to reflect the reduced value of the services performed.

5) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

· By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

· Terminate the contract for default.

G. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

1)

INSPECTION:

The Contractor shall notify the COR when each item is complete and ready for inspection. The Government will make a visual inspection of each contract item to determine quality. If the visual inspection reveals the probability of missed objectives, the Contractor shall review the unit with the COR to determine if there is agreement. Missed Performance Objectives will be reworked at the contractor’s expense. If the COR and Contractor do not agree with results of the visual examination, the following systematic procedures will be used for inspection.

2)

SYSTEMATIC INSPECTION PROCEDURE:

Each contract item in question will be inspected to determine acceptability in accordance with Technical Specifications of this contract. Upon receipt of notice from the Contractor of unit completion, a mutually agreed upon date for inspection will be arranged. The Contractor is encouraged to observe the inspection. The results will not be averaged with any other item for payment purposes. If the results indicate the need for rework, unsatisfactory portions of the unit will be reworked at the contractor’s expense. Inspections necessitated by the rework shall be paid for by the Contractor based upon actual costs to the Government.

· Work site will be evaluated to ensure enough material has been removed or piled to meet the objectives as described in Technical Specifications of this contract.

· Piles will be evaluated for their size, compaction, quantity of non-burnable material, and overall capacity to ignite readily and burn up completely.

· Work site will be evaluated for adequate material remaining on the ground for seedling shade and long term nutrient recycling, soil scarification, and absence of damage to natural resources and existing improvements.

H. DELIVERIES OR PERFORMANCE REQUIREMENTS

(1) CONTRACT TIME

A Notice to Proceed will be issued upon Contract Award. Contract time will start on the date specified on the Notice to Proceed. Work must be completed by Septermber 30th, 2009. Should unforseen restrictions (such as fire restrictions or excessively wet ground conditions) force work stoppage, there may be some contract time extension granted.

Item

Estimated Beginning Date

Performance Period Through

August 10, 2009

September 30, 2009

A notice to proceed will be issued as soon as ground and weather conditions are favorable for performance of the work. The Contractor shall maintain progress at a rate which will assure completion of the work within the contract time specified above.

Item

1.7, Hourly:

If additional hourly work is ordered, additional contract time will be specified.

Work Schedule Constraints. Machinery may be in no more than two (2) subitems at any one time.

(2) METHOD OF PAYMENT

Payment will be made at the unit price shown in the Schedule of Items for each Subitem inspected and accepted by the Government. Payment will only be made when all work in the particular Subitem has been completed. Partial payments on Subitems will not be made.

When Government quality assurance indicates that the work does not meet contract requirements, the Government will take appropriate action in accordance with the Inspection clause in FAR 52.212-4 of the contract.

(3) METHOD OF MEASUREMENT – Hourly Work

An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Forest Service, will constitute authorized work. Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute "actual operation".

(4) DAILY RECORD

The Contractor shall maintain a daily record for each piece of equipment showing:

· Contract number and item number applicable to the equipment

· Name of Contractor and Contract Item Number.

· Hours of actual operation on authorized work to nearest quarter hour.

· Hours of nonproductive time and reason.

· Start and stop time of Hobbs meter for each day worked This daily record shall be documented on a shift ticket or other pre-agreed upon form. The operator performing the work shall sign the shift ticket and give a copy to the COR or Inspector each time an inspection is made.

I. USE OF PREMISES

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

J. KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer, and concurrence with the District: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

K. FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of personnel and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patroller may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the Patroller.

(12) Pump and Trailer. NOT USED

(13) Burning. NOT USED

L. PREWORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

M. LANDSCAPE PRESERVATION

The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

N. LOSS, DAMAGE, OR DESTRUCTION

Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be…