RFQSolicitationThinningMPB.pdf

CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulations https://www.acquisition.gov/?q=browsefar

Agriculture Acquisition Regulations www.usda.gov/procurement/policy/agar.html

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015)

ADDENDA TO FAR 52.212-4 Contract Terms and Conditions – Commercial Items. (MAY 2015)

Post Award Conference: A post award conference with the successful quoter is required. It will be scheduled after award, prior to commencement of work, at a place and time to be determined.

Approval of Subcontracting: The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum: 1) the name, address and telephone number of the subcontractor; and 2) the date upon which the subcontract was entered into and its duration.

DELIVERIES OR PERFORMANCE

Period of Performance: The effective period of this contract is from the date of Notice to Proceed through

October 1, 2017. The estimated start date is July 1, 2016.

Commencement, Prosecution, and Completion of Work: The Contractor shall commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, prosecute the work diligently, and complete the entire work ready for use by the completion date of October 1, 2017. The time stated for completion shall include final cleanup of the premises.

Limited Operating Period: Yearly timing restrictions for felling/slashing will be July 1 to December 1 to prevent Ips beetle (pine engraver) infestation of slash and adjacent trees, and if soil conditions due to weather are not conducive to machine piling or processing and decking of sawlog or non-sawlog timber. Items 1 and 2, Roads

7239, 7223, and 7224 are restricted the first week of Big Game Hunting Season.

DEFINITIONS

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

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

Contract Time: See Period of Performance under DELIVERIES OR PERFORMANCE.

Damage: Defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars, or damage to the bark on more than ¼ of the circumference of the tree.

Diameter Breast Height (DBH): The diameter of a tree measured at a point 4.5 feet above the ground on the uphill side of the tree. For this contract a 7” DBH is equal to a 9” stump diameter at a 6” height. (Refer to Table

1 Utilization Standards).

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

https://www.acquisition.gov/?q=browsefar http://www.usda.gov/procurement/policy/agar.html

Dry Soil Conditions: Soil moisture content at or below 18% moisture content.

Entire Tree Yard (ETY): Skidding of the entire portion of the tree including trunk tops and limbs.

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

Piling: Accumulations of slash in accordance with Performance Standards for slash piles.

Processing and Decking: Delimbing and topping of all sawlog and non-sawlog products and the stacking of those products in an approved decking area. Decked material will be purchased and removed under a separate

2400-2, Timber Sale Contract.

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

Plan (QASP).

Quality Control: Those actions taken by the Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the

Contractor’s Quality Control Plan (QCP).

Slash: Limbs and trunks of downed trees that either: 1) do not meet utilization standards; or 2) are within an item where processing and decking does not apply.

Submerchantable trees: Small diameter trees that do not contain sawlog or nonsawlog products.

Thinning: The cutting of trees in excess of those to be left for future stand needs.

Thinning slash: Debris created from work under this contract, including all cut trees and shrubs including the tops, trunks, and branches.

TECHNICAL SPECIFICATIONS

Equipment: The equipment used to perform this work shall meet safety standards and shall be in good mechanical condition. The Contractor shall provide quality equipment capable of safely performing the work under the terms and conditions of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall promptly correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 days or risk default on the contract. All repairs are the complete responsibility of the Contractor.

The Contractor shall make equipment available for inspection and approval before use.

Equipment provided to conduct work must meet or exceed the following minimum specifications:

(a) The equipment must be a crawler-type excavator of sufficient size to handle piling the material without damaging the residual stand.

(b) The crawler-type excavator shall have either a grapple or a bucket and thumb, or a combination of both capable of reaching up to 15 feet of either side of the machine and shall be capable of piling slash 6 feet in height from the ground. The grapple shall be capable of grasping slash 2 inches to 10 inches in diameter. Grapple, bucket, or combination, shall be able to support the weight of the machine to lift the machine off of stumps and rocks and to assist moving the machine on steep ground.

(c) The crawler-type excavator shall be free of fluid leaks and equipped with a reinforced belly pan to protect hydraulic hoses from damage by stumps and rocks.

(d) Generally dozer use will be limited to landings. Dozer use will not be permitted for piling, but hightrack dozers may be approved for skidding by the COR.

Loss, Damage, or Destruction: 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.

PERFORMANCE STANDARDS

The Contractor must satisfy all applicable OSHA and DOT requirements or certifications for the operation of supplied equipment. There will be no obligation to make payment for any equipment delivered that does not meet the Technical Specifications.

The Contractor shall provide skilled operators experienced in the type of work for which the equipment is being ordered. During the prosecution of the work, if the COR determines through observation and or discussion that an operator is inexperienced in the work and/or is unable to safely maintain a reasonable rate of production, the operator will be rejected. If the operator is rejected, the Contractor will be notified in writing to furnish a replacement operator with the necessary skills to perform the work.

Thinning Performance Standard: The Contractor shall cut all Included Timber as per Table 1 Utilization

Standards and Cutting Designations (see under SPECIAL CONTRACT REQUIREMENTS heading) and shall cut all trees less than 7” DBH that meet the requirements of the thinning specifications that follow. All logs meeting utilization shall be processed and decked at an agreed upon landing location.

The Contractor shall fell all designated trees. Designated trees are described in Table 1. Individual trees to be cut have been marked with orange paint with a horizontal band at DBH and a stump mark. The Contractor shall also be required to cut all trees less than the specified diameter in Table 1 at a 6” stump height excluding hardwoods. Trees designated for cutting that meet utilization specifications in Table 1 shall be Entire Tree

Yarded (ETY) to the agreed upon landing for processing and decking. Requests for operations that do not include

ETY, will be subject to agreement by the COR, to assure all objectives can be met due to heavier than anticipated slash left in the woods. The boundaries are designated by 3 vertical stripes of blue paint. Boundary trees are not designated for cutting. All skidding and excavator piling will be conducted under dry soil conditions. Dry soil condition is determined to be at or below 18% soil moisture as determined by the contract inspector.

There may be portions of the contract area where there are no trees greater than 7 inches DBH available as leave trees. In these areas, healthy conifers, of smaller diameter trees, will be substituted. In this case, leave single, dominant trees, on a variable spacing of 15’ X 15’. Species composition for these small leave trees in order of preference should be: 1) Ponderosa Pine; 2) Western Larch; 3) Douglas Fir; and 4) Engleman Spruce. These small diameter leave trees should have the largest diameters and best form (straightest stems) of those trees available. Live crown ratios (the percent of a tree's total height with green crown) should generally be 30% or greater. Small diameter leave trees should show no visible signs of insect, disease, or damage.

(a) Slashing and Bucking Performance Standard. The Contractor shall slash all submerchantable or damaged trees that are greater than 2 feet in height and less than 7 inch diameter at breast height (DBH) excluding hardwoods. Slashed and down material shall be bucked into pieces no greater than 12 feet long to facilitate piling.

Where possible, buck off wood greater than 6 feet in length with a small end of at least 4” to leave as down woody material.

(b) Stump Height and Cutting Low Live Limbs Performance Standard. All submerchantable trees to be felled shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the cutting point shall be removed. Trees shall be completely severed from the stump. For submerchantable trees, stump height shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

Excavator Slash Piling Peformance Standard:

(a) Piling Peformance Standard. Accumulations of slash, both slash already on site and that slash created by the Contractor, shall be piled into piles that are compact and relatively free of dirt and decomposed duff. An accumulation of slash will be defined as, slash concentrations over a one-tenth acre that could be piled to the minimum height of 5 feet and not more than 10 feet in width. The slash shall be gathered and piled, such that they will maximize consumption of slash when burned. Piles that tip over, are too flat or not compact are not acceptable. Piles shall be at least 10 feet from designated leave trees. No piles shall encroach within 50 feet of the boundary line. Roads shall be cleared of slash from the top of the cut slope to the toe of the fill. On slopes exceeding 35% excavators shall be confined to existing skid trails.

(b) Unpiled Wood Material Performance Standard. The contractor shall leave 8-10 tons/acre coarse woody material that is at least four (4) inches in diameter on the small end evenly distributed throughout the units, when available.

Where possible, the excavator shall use existing skid trails to minimize ground disturbance. Coarse woody debris shall be placed over landings, skid trails and other visible equipment trails for soil protection at the end of the project. The excavator bucket work shall be done to minimize scarification and soil disturbance. All excavated areas will be recontoured to natural slope.

On steeper ground, the excavator shall not use the same path to move around to the extent that rutting in the traveled path begins to form. The Government will suspend operations of any machine work when it deems conditions are not conducive to piling. This may include steep slope, wet soils, and/or puddling due to rain or thawing. It may be necessary for the Government to waive some or all treatments on incidental locations within the treatment areas to protect the resources. These locations will be designated on the ground as they become evident.

Noxious Weed Control Peformance Standard: The Contractor shall clean all off-road equipment prior to entry onto the project area. Remove all dirt and plant parts and material that could carry noxious weed seeds into the project area. Only off-road equipment so cleaned and inspected by the Government will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. “Off-road equipment” does not include personal vehicles or support equipment that remains on the main travel route.

Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the

Government at an agreed upon location. Provide the Government at least 24 hours advance notification when equipment is ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the

Contractor and the Government shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

SPECIAL CONTRACT REQUIREMENTS

Key Personnel: The Contractor shall assign to this contract the following key personnel:

Project Foreman/Superintendent

Equipment Operator

Inspector

(a) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution 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.

(b) 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.

Processing and Decking of Sawlog and Non-Sawlog Products:

(a) Sawlog and Non-Sawlog Products. The Contractor is required to process and deck all sawlog and non-sawlog products as located and described in Table 1 Utilization Standards of this service contract, including all pieces that meet minimum piece specifications and as shown on the Project Area map.

(b) Decked Material. Removal of the decks are mandatory for all treatment areas within Items 1, 2 and 3, as specified on the Schedule of Items. The Government agrees to sell and the Contractor agrees to purchase and remove decked material by obtaining a 2400-2 Timber Sale Contract from the local ranger district.

The Contractor shall obtain a 2400-2 Timber Sale Contract from the local ranger district for purchase and removal of decked material. The stumpage charges for utilized material is set at $1.00 per CCF for nonsawlog and $3.00 per CCF for sawlogs. Road maintenance charges of $3.64/ CCF will also apply. The total charges for the 2400-

2 permit are as follows:

Item # Volume (CCF) Product Value Road Maintenance Total Charges

1 Sawlog 292 $876.00 $1062.88 $1938.88

2 Sawlog 329 $987.00 $1197.56 $2184.56

3 Sawlog 130 $390.00 $473.20 $863.20

Item # Volume (CCF) Product Value Road Maintenance Total Charges

1 NonSaw 347 $347.00 $1263.08 $1610.08

2 NonSaw 417 $417.00 $1517.88 $1934.88

3 NonSaw 169 $169.00 $615.16 $784.16

Designations for Cutting are shown and described as follows:

(a) Species Designations. Within the following cutting units shown below, listed species are designated for cutting when they meet: 1) utilization standards; 2) thinning performance; and 3) are smaller than the stump diameter listed in the below table.

Item Designated Species

Maximum Stump

Diameter – (Inches)

Mandatory

Processing and

Decking item

All Species , also Refer to 1/ below

9.0”

Stump diameter will be measured at 6.0 inches above ground level on the uphill side of the tree. A minimum stump height of 6.0 inches above ground level on the uphill side shall be left in the units listed above.

1 / In addition to those species listed above, for trees that are less than a 9.0” stump diameter and cut in compliance with the Thinning Performance Standards, additional trees designated for cutting that are greater than 9.0” stump diameter are marked with orange paint.

Trees marked with a black X have been undesignated and are not to be cut.

Upon agreement with the Government, dead trees designated to be left standing may be felled when necessary for safety under the State Safety Code and other dead trees designated in their place.

(b) Rights of Removal. If the Contractor requests and the Contracting Officer agrees to allow removal of forest products from material that is required to be slashed or piled and that does not meet utilization specifications on

Table 1 Utilization Standards, the Contractor will obtain the necessary contract/permits from the local ranger district office. All product removal is subject to rates of payment and road maintenance deposits depending on the quantity and commercial value of the product being removed. If no charge for removal is determined, road deposits may still apply.

(c) Utilization Standard. Utilization Standards for trees and minimum pieces are shown in Table 1 below and described as Decked Material. Experience Questionnaire number (7) shall describe the type of ground based logging systems and equipment that will be used to harvest, process, and deck this material.

TABLE 1

UTILIZATION STANDARDS

Minimum Specifications for Decked Material

Tree Piece Required to be Decked

Species

Product

Unit of

Measure

DBH

(Inches)

No. of

Min.

Pieces

Per tree

Length

(Feet)

D.I.B.

at small end

(Inches)

Net

Volume in % of

Gross

Volume

Maximum

Stump

Height

(Inches)

LP and Other

Sawtimber

CCF

7.0

8.0

5.6

10.67

All live & dead species except for

Cedar

Non-

Sawtimber

CCF

5.0

8.0

2.5

Sawtimber is the boles of trees meeting Sawtimber Product specifications as listed in Utilization Standards of

Contract, Table 1.

Non-sawtimber is the boles of trees meeting Non-sawtimber Product specifications as listed in Utilization

Standards of Contract, but that do not meet the minimum piece specifications for Sawtimber Products. Sawlog and Non-sawtimber processing and decking is required in all Items.

Non-sawtimber products include the top portion of a saw log tree and those trees less than the minimum sawtimber specifications (Table 1 - UTILIZATION STANDARDS) , and containing at least 50% pulpable wood fiber in terms of gross cubic volume. Defective logs that break up under normal handling operations are not considered pulpable.

Logging and Maintenance Operations Signing Standards: All signs shall be manufactured & installed as specified in the FHWA "Manual on Uniform Traffic Control Devices" (MUTCD) & FS publication

"Standards for Forest Service Signs & Posters"( EM 7100-15).

(a) Sign Standards.

(1) Shape & Color: Generally, signs for logging and maintenance operations are either diamond-shaped or rectangular. All signs shall be reflective orange background with black legend and border unless shown otherwise. Handpainted, homemade signs are not legal. Fluorescent paint is not reflectorized.

(2) Substrate: Sign substrate material may be High Density Overlay (HDO) Plywood, Aluminum, Fiberglass

Reinforced Plastic, Corrugated Plastic, or Roll-up Fabrics.

(3) Sign Size: Sign size is a factor of speed and MUTCD & FS standards. Where conditions of speed, volume, or special hazard require greater visibility or emphasis, larger signs should be used. Minimum sizes for the most common signs can be found in Figure 4. Refer to the EM-7100-15 for additional sign sizes.

(4) Legend: All lettering shall be Series "C" alphabet, conforming to Standard Alphabets for Highway Signs.

Letter size is also a function of speed - use letter size and word messages as specified in MUTCD and EM-7100-

15.

(b) Sign Placement. Signs are to be installed in locations as agreed to in the traffic control plan. All signs are to be removed, covered, or folded when operations are not in progress or the sign message is not applicable. Signs should generally be located on the right-hand side of the roadway. When special emphasis is needed, signs may be placed on both the left and right sides of the road. Sign message shall be clearly visible to road users and mounted on posts or portable sign stands.

Figure 1: Sign Placement Dimensions

Figure 2: A Portion of MUTCD TABLE II-1

(c) Sign Supports.

(1) Posts: Signs are to be mounted on separate posts. Supplemental signs such as Speed Advisory plates are to be mounted on the same post as the primary sign. Do not mount signs on trees or other signs. Posts may be wood, metal, carsonite or similar material. Where sign supports cannot be sufficiently offset from the road edge, supports will meet breakaway standards. Single wood posts with less than 24 square inches do not require breakaway design.

(2) Temporary/Portable Supports: Portable supports may be used for short-term, short-duration, and mobile conditions. MUTCD defines this time period as one work shift, 12 hours or less. All portable supports must meet MUTCD standards, including breakaway. These must be a minimum of 1 foot above the road surface or more if visibility requires it.

Figure 3: Examples of Temporary/Portable Supports

HEAVY

TRUCK

TRAFFIC

FEET

6' - 12'

(2' minimum where slope limits to less than 6')

' M

IN

' M

IN

E d g e o f tr a v e lw a y

LATERAL CLEARANCE

From the edge of the road - 2 foot minimum, where slope limits to less than 6 feet. 6-12 foot preferred.

HEIGHT

Minimum of 7 feet, measured from the bottom of the sign to the near edge of the travelway. The height to the bottom of a supplemental sign mounted below the primary sign will be 6 feet.

Posted or Decelaration to listed advisory speed

85 percentile MPH speed MPH

10 20 30 40 50

20 NA

25 100

30 150 100

35 200 175

40 275 250 175

45 350 300 250

50 425 400 325 225

55 500 475 400 300

60 575 550 500 400 300

65 650 625 575 500 375

PLACEMENT DISTANCE

Signs must be located 100-500 feet prior to the activity, (both ends if a through road) and maintained at that distance.

This distance is based on speed. Refer to Figure 2 , Table II-1, MUTCD, a portion of which is reproduced here, to determine correct placement distance.

(d) Signs.

The following signs meet the intent of this Service Contract for safety.

This is not a complete listing of signs that may be needed.

FG20-1-48* FG20-2-48 FG20-3-42* FG20-3a-42

FW22-3-30

FW20-1-30* W21-3-30* FW21-4a-30 FW11-7-24

W22-1-36*

FW8-6-24 FW11-9a-24 W7-3a-24* W13-1-18**

W20-7aP-24*

* Specify Distance ** Specify Speed

BM-L-O BM-R-O

Barricade Markers (See MUTCD for length and stripe size)

Landing Slash Disposal: The Contractor shall pile for later burning by the Government all logging and landing construction slash on and within 50 feet of each landing. Woody debris with greater than 4” tops shall be scattered across the landing not less than 15 tons/acre and not more than 25 tons/acre. Any processing or decking area is considered a landing. Piles shall be constructed by machine, by hand, or a combination of both. Piles shall be reasonably compact and free of soil to facilitate burning. Piles shall be placed in a location where residual timber will not be damaged during burning, but not where they will impair safe travel on system roads. All tops and limbs of felled trees will be left attached to the log and yarded to landings where they will be processed and the slash piled for later disposal by the Government.

ROAD

CONSTRUCTION

NEXT 5 MILES

END

CONSTRUCTION

LOGGING

OPERATIONS

NEXT 5 MILES

END

LOGGING

OPERATIONS

END

BLASTING

ZONE

ROAD

CONSTRUCTION

500 FEET

ROAD

MACHINERY

500 FEET

LOGGING

OPERATIONS

LOG

TRUCKS

BLASTING

ZONE

1000 FT

TRUCK

CROSSING

HEAVY

TRUCK

TRAFFIC

NEXT

7 MILES

M.P.H.

FEET

Protection of Existing Facilities and Developments, Other than Forest Ownership, and Resources: The

Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

Existing Facilities: Any existing facilities, such as roads, culverts, erosion dips, drainage facilities, barriers, fences, section corners, and bearing trees that are damaged by the Contractor’s actions, shall be replaced or repaired by the Contractor at no cost to the Government.

Protection of Stream Courses: The Contractor shall not operate any equipment within 150 feet of any intermittent stream or 300 feet of any year round stream.

Other than Forest Ownership: The Contractor shall protect and will not encroach adjacent properties shown as “other than National Forest Ownership” on the attached Treatment Area Map.

Protection of Resources: The Contractor shall protect all “Areas to Protect,” and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, and archaeology and culture against destruction, obliteration, removal, or damage during the Contractor's operations. The Contractor shall immediately notify the Contracting Officer if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the

Contracting Officer authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36

CFR 296.14(c), provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law. Wheeled or track-laying equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless otherwise agreed, trees shall not be felled into such areas.

Prevention and Control of Soil Erosion: The Contractor shall minimize soil erosion. Precautions shall include prevention of gullying of roads and skid trails within and adjacent to the piling units. All existing erosion bars and berms shall be re-established if altered.

The Contractor’s operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground 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 of precipitation or runoff.

Erosion Control Seeding: Following completion of skidding and yarding operations in an area, the Contractor shall seed and fertilize all exposed areas of raw soil on skid trails, landings, and obliterated temporary roads.

Soil on areas to be seeded shall be left in a roughened condition favorable to the retention and germination of the seed. Scarification of traveled ways on specified roads listed below shall be to a minimum depth of 2 inches and a maximum depth of 4 inches.

Seed and fertilizer shall be spread evenly at the rate of 30 pounds of seed and 240 pounds of fertilizer per acre.

When fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72 hours of the first.

Application shall be during the period as specified by the Government and under the above specified conditions unless otherwise approved.

The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

Species of Seed PLS Pounds per Acre

Blue Wildrye 8

Bluebunch Wheatgrass 4

Slender Wheatgrass 4

Mountain Brome 4

Annual Rye 6

Total 26

Certified, blue-tagged seed shall be used where a name variety or cultivar is specified. Blue tags which are removed to mix the seed shall be provided to the Forest.

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All

States Noxious Weeds List."

Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the

Government. Lab testing for noxious weeds will be conducted prior to seed mixing. Only after a finding and documentation in writing of no weeds on the current "All States Noxious Weeds List" will the seed be accepted and used.

The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of contents clearly marked on containers:

Type of Fertilizer Pounds Per Acre

25-10-10 or 27-12-12 or 34-16-10 240

Soil protection: The Contractor shall reuse existing skidtrails. All additional skid trail locations will be by agreement. Generally, main trails will be spaced 75’ – 100’ except where they converge.

Gate Closure: Item 1 is on an open road. Item 2 is on road 7223 which is a seasonally restricted road, dates allowed are 7/01-11/30 which coincides with the Limited Operating Period. Item 3 is on seasonally restricted road 7239 (open during period of 07/01-10/14). If operations are conducted outside of dates allowed on road

7239, The Contractor shall close the road as directed by the Government at the completion of daily activities or maintain closure after passage of each vehicle. The Government will monitor and administer closure activities.

Use of Roads by Contractor: The Contractor’s use of existing roads identified on Sale Area Map by the following codes is prohibited or subject to restrictive limitations, unless otherwise agreed:

Code Use Limitations

X Hauling prohibited

R Hauling restricted

U Unsuitable for hauling prior to completion of agreed reconstruction

P Use prohibited

A Public use restriction

W Regulation waiver

Roads coded A will be signed by the Government to inform the public of use restrictions. The Contractor’s use of roads coded R, A, or W shall be in accordance with the following restrictions:

Restricted Road List

Road

Number Road Name

Termini Map

Legend

Description of

Restrictions From To

West Kootenai

Lower Sullivan

Entire Segment

Entire Segment

R R: All vehicles must meet the Federal Bridge

Formula Weight limits and a maximum gross vehicle weight of 120,000 lbs. Any vehicles not meeting the weight limits above, must apply for an overload weight permit.

Dodge Sullivan

Entire Segment

X

X: Hauling Prohibited

Use of Premises:

(a) 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.

(b) 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.

Safety: The Contractor shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. The Contractor must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. The Contractor is responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

Personal Protective Equipment:

(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

(b) 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.

(c) Defective or damaged personal protective equipment shall not be used.

(d) The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters

Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

(e) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

(f) The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

(g) The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

(h) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise, e.g., chain saw operation.

Fire Suppression and Liability:

(a) Contractor's Responsibility for Fire Fighting. The Contractor shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees subject to the following fire classifications:

(b) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An “operations fire” is a fire caused by the Contractor's operations other than a negligent

Fire. The Contractor agrees to reimburse the Government for such cost for each operations fire, subject to a maximum of the dollar amount of cost to repair damages and any restitution to adjacent landowners. The cost of the Contractor's actions, supplies, and equipment on any such fire, or otherwise provided at the request of the

Government, shall be credited toward such maximum. If the Contractor's actual cost exceeds contractor's obligation stated above, the Government shall reimburse the Contractor for the excess.

(2) Negligent Fire. A “negligent fire” is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting, or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. The Government shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of the

Government, on any fire on contract area other than an operations fire or a negligent fire.

(c) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the

Government of any fires sighted on or in the vicinity of the work site.

(d) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall temporarily redirect employees and equipment from the work site for emergency work

(anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. An equitable adjustment for any such redirection of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the

Contractor's obligations shall be the same as if performance was by the Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contact of any liability to the United

States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

Fire Control:

(a) Fire Protection Requirements - Fire Plan. During the 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 hand tool 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 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; and (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 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. None.

(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 where 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. None.

(9) Precautions for Stoves. None.

(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 hand pump 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 men 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) Patrolman 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 patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

INSPECTION AND ACCEPTANCE

Contractor Quality Control Plan: The Contractor shall prepare a Quality Control Plan and provide a copy to the Government upon award. The Contractor shall ensure that performance meets contract Performance

Standards prior to requesting the Government to inspect for payment or acceptance.

The Contractor shall provide quality control for all operations. The Contractor is expected to conduct their own prompt inspections to ensure that all requirements are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the Contractor. Any delay in

Government inspections will not cause the Government to be responsible for the Contractors work quality.

All work shall be performed between 7:00 a.m. and 5:00 p.m., Monday through Friday or as agreed to by the

COR.

Request for Government Inspection: The Contractor shall contact the Contracting Officer's Representative

(COR) to set a mutually agreed upon date for inspection of completed work.

Government Inspection/Acceptance: In accordance with FAR 52.212-4 Contract Terms and Conditions –

Commercial Items, paragraph (a) Inspection/Acceptance, the COR will inspect the Contractor’s performance on a random basis under this contract to ensure that piling is being properly performed, the proper amount of slash is being left scattered throughout the units, and that equipment has been properly washed to prevent noxious weeds from being transported into the units.

Unacceptable performance occurs when the Contractor responsibilities fail to meet the contract Performance

Standards. The Government will not pay for unacceptable performance. When unacceptable performance is observed, the COR will document the unacceptable performance on a work order as well as meet with the

Contractor at the job site to ensure that the Contractor is aware of the unacceptable service.

(a) Inspection Procedure.

(1) The Government will make a visual examination of the work. If the visual examination shows the work may not be done in conformance with the contract Performance Standards the following systematic inspection procedure will be made:

(2) The Government will make an inspection of each contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection. In addition, Browns Down Woody Fuel Surveys will be the method for determining tons per acre of material remaining on site.

(b) Acceptance of Slash Treatment/Piling. Acceptance will be determined by an inspection of the areas requiring treatment and will be based on adherence to the contract Performance Standards. Nonconformance with any of the Performance Standards will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to Performance Standards.

CONTRACT ADMINISTRATION DATA

Measurement and Payment:

(a) Measurement. The acreage of each unit was made using Global Positioning System measurements.

(b) Basis Of Payment. Payment will be made at the contract unit price for work completed and accepted in accordance with the below required Performance Standards.

Requirement Performance Standard Method of

Assessment

Incentive/Deduction

Thinning All trees to be cut with a dbh less than 7.0 inches and all trees marked with orange paint.

Random Sample

Random Sample

Rework to correct defiencies.

Rework to correct

Slashing and

Bucking

Slashing of all sub-merchantable trees greater than 2 feet in height and all slashed and down material to be cut into lengths no greater than 12 feet.

Random Sample Rework to correct defiencies.

Stump Height and

Low Live Limbs

Submerchantable trees to be cut below the lowest live limb and not higher than 6 inches above ground and trees completely severed from the stump. All live limbs completely severed when not able to cut trees below the lowest live limb.

Random Sample Rework to correct

Slash Piling Piles constructed to the described size, reasonably free of dirt or duff, compact, spaced away from leave trees and boundaries, and with stems properly oriented.

Random Sample Rework to correct defiencies.

Unpiled Wood

Material

Leaving the designated amount of properly sized woody material scattered throughout the unit where available.

Random Sample Rework to correct deficiencies.

Noxious Weeds

Control

Equipment to be washed and free of dirt and weeds.

100% Inspection Equipment not permitted to enter treatment area until it passes inspection.

(c) Final Payment. The amount of the final payment will be calculated as described above and approved for payment after:

(1) Completion and acceptance of all work in each Item; and

(2) Presentation of a properly executed invoice.

Invoice Processing Platform (IPP): The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. The IPP is a secure Government-wide, Web-based invoice processing service. Visit www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at www.ipp.gov/vendors/enrollment-vendors.htm.

Contractors shall submit all invoices electronically via IPP.

http://www.ipp.gov/ http://www.ipp.gov/vendors/enrollment-vendors.htm

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items. (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the…