Amendment_03.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

USDA, Forest Service

IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401

AG-02NV-S-13-0044

9B. DATED (SEE ITEM 11)

06/12/13

FORMCHECKBOX

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE CONTRACT ORDER NO. IN ITEM 10A.

FORMCHECKBOX

FORMCHECKBOX

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

FORMCHECKBOX

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

FORMCHECKBOX

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return * copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Solicitation No. AG-02NV-S-13-0044, West Salzer Stewardship, Salmon-Challis National Forest is amended as follows:

Refer to the SF-1449, Page 1 of 71, Block 8, the offeror due date/time is hereby extended to August 20, 2013 at 3:00 p.m. MST.

See following pages.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

JUDY MARTIN, Contracting Officer

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Prescribed by GSA

FAR (48 CFR) 53.243

1) Refer to Page 3, Section I – Schedule of Items, delete in it’s entirety and replace with the attached Schedule of Items.

2) Refer to Page 42, List of Attachments, 1. Appendices, delete Appendix A and Appendix B and C in there entirety and replace with the attached Appendix A, and Appendix B and C.

3) Refer to Page 42, List of Attachments, 2. Maps Appendices, delete Sale Area Map in its entirety and replace with the attached Sale Area Maps.

4) Refer to Page 42, List of Attachments, 3. Wage Determination No., delete wage determination 1995-0228 dated 9/7/12 and replace with the attached Wage Determination 1995-0228 dated 06/19/13.

5) Refer to Page 42, List of Attachments, add 4. Exhibits, Exhibit 01 – Thinning Inspection Form

Amendment 03

SECTION I - SCHEDULE OF ITEMS

WEST SALZER STEWARDSHIP

North Fork Ranger District

Salmon-Challis National Forest

Lemhi County, Idaho

SERVICES AND PRICES; MANDATORY

I.1 SCHEDULE OF SERVICE ITEMS

Base work activities

Quantity

I.2 BASE TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

(FLAT)

TOTAL OFFER

(Live)

(Live)

(Dead)

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals SHALL be provided on ALL Items in Schedules I.1, Base Work Activities and I.2, Timber or Other Products Removal Price Schedule.

I.3

LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with Section III – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule I.1, will be made in Stewardship Credits in lieu of cash, as defined in Section III. All Base Work Activities shall be performed.

Amendment 03

WD 95-0228 (Rev.-29) was first posted on www.wdol.gov on 06/25/2013

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 1995-0228

Director Determinations | Revision No: 29

| Date Of Revision: 06/19/2013

State: Idaho

Area: Idaho Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for forestry, land management, and cleaning of public use areas services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 15.43

08040 - Choker Setter 18.49

08070 - Faller/Bucker 22.56

08100 - Fire Lookout 15.43

08130 - Forestry Equipment Operator 19.39

08160 - Forestry/Logging Heavy Equipment Operator 21.45

08190 - Forestry Technician 21.45

08250 - General Forestry Laborer 9.17

08280 - Nursery Specialist 22.60

08310 - Slash Piler/Burner 15.43

08340 - Tree Climber 16.91

08370 - Tree Planter 13.31

08400 - Tree Planter, Mechanical 13.31

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar 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 Luther

King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of 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 number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the

Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and 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/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, Employment Standards Administration, U.S. Department of

Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of

Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

Inspection Form – from FSH 2409.17, 6.

Exhibit 01 - Plot Inspection and Instructions

USDA - FOREST SERVICE

STAND SUM.

FOREST

CONTRACTOR

ACCEPT.MIN/MAX TC/AC

TO

TARGET

ACTUAL

DISTRICT

NUMBER

PRIORITY SP. PREF.

TREES LEFT/AC

INSPECTOR

ITEM

PLOT SIZE

CATEGORY "C"/AC/

DATE

SUB-ITEM

ACCEP. TREES/PLOT

TO

**TREES/AC IGNORED

VARIATION OF SPACING

% OR ±

ACRES

SPECIES IGNORED**

MIN.HT

WORK ACCOMPLISHED

FT

CONTRACT TIME REMAINING

ACCEP. CAT "C" PER AC.

(see back)

(2)

TREES LEFT:

(INCL.SAT., TREES ABOVE MAX DBH. & EXCLUDES**)

CREDIT

NONSTK.

SPOTS

SURPLUS

S2 AND

CAT. "A"

IMPROPER LEAVE

TREE SELECTION

UNCORRECTABLE

CAT. "B"

EXCESS TREES

CORRECT ABLE

CAT. "C"

CORRECTABLE

(3) S3, S4

(4)

(6) A4,A5

(7) B, B1

(8) C1-C7

(9)

TOTAL ALL PLOTS

TOTAL PER ACRE

Quality Thinning Calculations:

COL. (3) + COL. (4)

TOTAL PER ACRE CALCULATIONS: TREES PER ACRE = "TOTAL ALL PLOTS" in column divided by total of plots, then multiplied by reciprocal of plot size.

Backside

TREE EVALUATION CODING AND INSTRUCTIONS

C5 - Tree left fith excess disease

C6 - Tree not girdled

C7 - Tree improperly girdled

CATEGORY "A" TREES (6) AND (7)

A1 - Improper spacing relationship or too many cut

A2 - Tree cut exceeds the maximum d.b.h. cut limit

A3 - Leave tree damaged excessively by salvage or felling operations

A4 - Improper tree selection (does not meet specification)

A5 - Wrong tree cut

CATEGORY "B" TREES (8)

B - Improper spacing or too few trees cut (Excess Trees)

B1 - Stump with live limbs

2. If the total of Col. (3) and Col. (4) is less than the minimum acceptable trees per lot and there are no improperly cut trees (Col. 6 and 7 -Category A), Column 4 must be increased to the extent the total of Col. ((3) and Col. (4) equals the average number of acceptable trees per plot. If trees are improperly cut (Category A) the total of Columns 3 and 4 must not exceed the sum of maximum acceptable trees per plot minus the n;umber of Category A trees (Columns 6 and 7).

ADDITIONAL NOTES:

Inspection Form – from FSH 2409.17,6.4, Exhibit 01 (cont) - Thinning Inspection Plot Form and Instructions

INSTRUCTIONS – THINNING PLOT INSPECTION FORM R4-2400-4 (12/97)

h. Use Form 2400-4 to record the results of thinning. This form is designed for daily use to ascertain the thinning quality thinning.

2. Most of the items contained in the heading of the form can be obtained from prescription or contract. Instructions for the use of the form are as follows:

FORM HEADER

h. ID Block. Complete all items prior to inspection.

b. Contract Block. Complete all items prior to inspection. The percent work accomplished should be calculated by the following formula:

1.00 - acres thinned to date x 100 = Percent Work Remaining total contract acres

h. Contract Specifications Block.

(1) Acceptable Minimum and Maximum Trees per Acre. This information is provided in the Silvicultural Summary Prescription as acceptable stocking density.. A specific range of leave trees is specified and then becomes the basis for the timber stand improvement treatment. Trees below minimum height for thinning and any species to be ignored from thinning are excluded.

(2) Priority Species Preference. List the priority of species to be retained from the “Silvicultural Summary Prescription”

(3) Plot Size. Record the plot size. The selected size should be large enough to sample at least 4 to 6 trees based on the expected average prescribed stocking. Plot size is specified in the contract or determined by the Contractor. The same plot size must be used on the entire unit. Utilize larger plots when variability in stand density exits and it is desired to maintain that density.

(4) Acceptable Trees per Plot. The acceptable trees per plot are calculated from the acceptable minimum/maximum trees per acre. For example, if the range were set at 250 to 350 trees per acre the average spacing would be 12 feet (300 trees per acre). Round the spacing to the nearest whole foot if needed. Select the plot size to be used, for example 1/100 ac, 1/50 ac, and 1/20-acre plot. Divide the plot reciprocal into the lower and upper range of trees per acre to determine the range of acceptable trees per plot. Assuming a 1/100-acre plot and acceptable range of leave trees to be 250 to 350 trees per acre, the following calculations would be made. (250/50= 5 trees per plot; 350/50= 7 trees per plot). In this case the range would be 5 to 7 trees per plot. If a 1/20 acre plot was selected the range would be 13 to 18 trees per plot. (250/20= 12.5 trees per plot rounded to 13; 350/20= 17.5 trees per plot, rounded to 18). The specified range allows for varying the spacing on poorly stocked plots to retain the desired crop trees (Best Trees) per plot yet does not permit excessive numbers of trees to be left voiding the purpose of the thinning treatment.

(5) Variation of Spacing. Variation of spacing is described as a percentage of average spacing or as a specified measured distance between acceptable leave trees. Provided in prescription

(6) Species Ignored. Tree species that are not to be cut and are ignored in the thinning activity. These trees are not evaluated within the calculation for thinning quality. Refer to prescription.

(7) Minimum Cut Tree Height. Enter the minimum cut tree height specified in the prescription and/or contract. Trees at or below this height are not required to be cut.

(8) Maximum Cut Tree Diameter Breath height (DBH). Enter the maximum tree size to be cut. Cutting trees larger is a violation.

(9) Acceptable Category “C” Trees per Acre. Enter the acceptable number of Category “C” Trees per acre specified in the contract/prescription. .

h. Stand Sum. The block is for Stand Summary data and is used to record the average target stand and actual stand resulting from the thinning activity. All numbers are expanded in terms of trees per acre. Information can be used to update site/stand information in databases, reporting accomplishments, and certifying accomplishments. The Contractor is not required to fill in this block however it provides useful information for evaluating effectiveness of the treatment.

(h) Trees Left per Acre. The target number of tree per acre is the average trees per acre. Actual trees per acre are computed from column 3.

(2) Category “C” Trees per Acre. The target number of Category “C” Tree per acre comes from the silvicultural prescription and/or thinning contract. The actual number of Category “C” Trees is computed from column 9.

(3) Surplus and ** Trees per Acre Ignored. The estimate of trees to be ignored by species and expected surplus trees can be derived from the silvicultural prescription. Actual numbers of trees per acre can be computed from column 5.

(4) Trees per Acre below Minimum Height. A target estimate for trees not included for thinning that are below a minimum height can be found in the silvicultural prescription. The actual number of trees per acre can be computed from additional plot information taken during the thinning plot inspections.

INSPECTION

e. Plot Number – Column (1). Enter the plot number.

f. Tree Evaluation – Column (2). Utilize the backside of Form 2400-4 as a reference for tree evaluation codes. Enter the tree evaluation codes for all trees found on the inspection plot that are to be used for determining thinning quality. The codes describe tree characteristics, i.e. acceptable trees, credits for non-stocked spots, Category “A”, “B”, and “C” trees.

If required by the contract, record the tree species below the tree evaluation code utilizing two lines per plot.

g. Trees Left – Column (3). Enter the total of all acceptable trees (S1’s) and trees exceeding the maximum DBH cut limit (S2’s). If there are surplus (S2) tree(s) they will need to be recorded in Column (5). Surplus trees can be determined after data for Columns (3) and (4) has been recorded. If the sum of Columns (3) and (4) exceeds the maximum acceptable trees per plot Column (3) or (4) must be reduced to equal the maximum acceptable number of trees per plot. A reduction of Column (3) due to surplus (S2) trees must be included in Column (5).

If the sum of Columns (3) and (4) are less than the minimum acceptable trees per plot Column (4) must be increased via (S3) credit for insufficient original stocking.

h. Credit Non-stocked Spots – Column (4). Record the number of non-stocked spots (S3) and credit for missing tree(s) cut due to insects, disease, and/or damage (S4).

i. Surplus S2 and ** Trees - Column (5). Enter the extra (S2) trees from Column (3) and ** (number of trees ignored).

j. Category "A" Trees - Columns (6) and (7). Enter the number of improper leave trees selected (A1, A2, A3) and wrong trees cut (A4, A5).

k. Category "B" Trees - Column (8). Enter the number of excess trees (B,B1).

l. Category "C" Trees - Column (9). Enter the number of trees that meet evaluation codes (C1-C7).

m. Percent (%) Quality Thinning. Compute the quality of thinning based on the sum of columns 3 through 8. The following formula is to be used.

1.00 - Col 6 + Col 7 + Col 8 x 100 = Percent Work Remaining

Col. 3 + Col. 4(rounded up to whole no.)

n. Category C trees. Determine if the number of Category C trees are within the contract allowance.

Cat C trees per acre = Total Col. 10 x reciprocal of plot size

No. of plots

Compare these results with the maximum allowed specified in the contract

Contractor must sign and date the inspection and confirm that information is accurate.