AG-0343-S-17-0034_-_NPC_PCT.pdf

Nez Perce-Clearwater National Forest – Precommercial Thinning

AG-0343-S-17-0034

Schedule of Items:

***MOOSE CREEK DISTRICT (Central Zone)***

ITEM 1

Subitem

Number

Sale Name & Unit No.

or Stand Number

Density

Category

Method of

Measure

Estimated

Quantity

Pay

Unit

Price

Total

1.1

Swiftwater # 3

702-02-053

Low

Actual

Qty 31

Acre

1.2

Peterson Salt # 17

714-03-018

Qty 30

1.3

Peterson Salt # 13

714-03-010

High

Qty 10

1.4

Goddard Point 90

714-03-002

Medium

Qty 14

1.5

Elkard # 5

714-04-037

Qty 23

1.6

Peterson Salt # 8

713-01-004

Qty 26

1.7

Peterson Salt # 4

713-01-006

Qty 20

1.8

Peterson Salt # 7

713-01-008 High

Qty 15

1.9

Elkard # 16

713-01-126

Qty 6

1.10

Peterson Salt #5

713-01-007

Qty 29

Total 204 Acres XXXXX XXXXXXX

TOTAL PRICE

XXXXX

***PALOUSE RANGER DISTRICT (North Zone)***

ITEM 2

Method

2.1

25402054

Qty 16

2.2 25402013

Qty 38

2.3 25402044 Medium

Qty 43

2.4 26201039 High

Qty 23

2.5 26201049 Medium

Qty 28

2.6 26207008 Medium

Qty 18

Total 166 Acres XXXXX XXXXXXX

OPTION ITEM 1

Number Sale Name & Unit No.

or Stand Number

Density

Category

Method of

Measure

Estimated

Quantity

Pay

Unit

Unit

2.7 26201030 High

Qty 17

Total 17 Acres XXXXX XXXXXXX

` XXXXX

***NORTH FORK RANGER DISTRICT (North Zone)***

ITEM 3

Method

3.1

Preacher Claims Unit 4

101-02-005

Qty 27

3.2

Preacher Claims Unit 7

101-02-020

Qty 27

3.3

Preacher Claims Unit 2

101-02-019

Qty 20

3.4

Turkey Track Unit 8

120-01-032

Qty 35

Total 109 Acres XXXXX XXXXXXX

OPTION ITEM 2

Sale Name & Unit No.

or Stand Number

Density

Category

Method of

Measure

Estimated

Quantity

Pay

Unit

Unit

3.5

Jenson Unit 7

102-04-011

Qty 22

3.6

Fuzzy Fir Unit 8

116-06-018

Qty 29

3.7

French Mtn. Salvage

Unit 9

118-02-003

Qty

Total 84 Acres XXXXX XXXXXXX

***LOCHSA (Lochsa/Powell Ranger District, Central Zone)***

ITEM 4

Method

4.2

Opal Snow # 2

111-01-013 Medium

Qty 18

4.11

Upper Mystery # 2

512-05-075 Low

Qty 6

4.13

Canyon Divide # 1

512-07-010 Low

Qty 52

4.18

Middle Deadman # 2

513-08-023 Low

Qty 8

Total 84 Acres XXXXX XXXXXXX

OPTION ITEM 3

Sale Name & Unit No.

or Stand Number

Density

Category

Method of

Measure

Estimated

Quantity

4.1

Gold Shell #11

104-05-038 High

Qty 7

4.3

Eldorado Ridge # 2

107-02-015 High

Actual

4.4

Austin Dollar #8

107-02-050 Medium

Actual

4.5

Austin Dollar #2

107-02-059 Low

Actual

4.6

Austin Dollar # 5

107-02-063 High

Actual

4.7

Moosehorn Dollar # 1

107-06-029 Medium

Actual

4.8

Molly Mud Salvage # 3

110-04-029 Medium

Actual

4.9

Dry Point #2

512-02-023 High

Actual

4.10

Bonanza

512-04-034 Low

Actual

Qty 26 Acre

4.12

Upper Mystery # 3

512-05-099 Medium

Actual

Qty 21 Acre

4.14

South Bend # 1

512-07-021 Low

Actual

Qty 38 Acre

4.15

South Bend # 2

512-07-022 Medium

Actual

Qty 45 Acre

4.16

South Bend # 13

512-07-047 Medium

Actual

Qty 1 Acre

4.17

Cabin Patch # 7

512-09-055 High

Actual

Qty 33 Acre

4.19

Cabin Patch # 1A

520-01-121 Medium

Actual

Qty 18 Acre

Total 326 Acres XXXXX XXXXXXX

THINNING CATEGORY DESCRIPTIONS:

*High Density Thinning: sites where there are more than 3000 total trees per acre before the thinning activity.

*Medium Density Thinning: sites where there is greater than 1500 and up to 3000 total trees per acre before the thinning activity.

*Low Density Thinning: sites where there are 800 to 1500 total trees per acre before the thinning activity.

OPTION FOR INCREASED QUANTITY OF SERVICE:

The Government may increase the quantity of the services listed as Option Item 1, Option Item 2, and Option

Item 3 within the limits and at the rates specified in the contract. The Contracting Officer may exercise any of the option items by written notice to the Contractor within 60 calendar days after contract award.

NOTES TO QUOTERS: Award will be made by Item. Quoters must submit prices on entire item, including all

Subitems, to be considered for award for any individual Items or Option Items. The Government may make a single contract award or multiple contract awards under this solicitation. In the event that quoted prices exceed funding availability, award may be offered for quantities less than those shown in an Item.

Stand descriptions in the Summary Information Chart are estimates only and do not relieve the Contractor from the responsibility of inspecting the sites and assessing the costs and risks associated with performance of the work. Please see FAR 52.237-1 Site Visit in solicitation provisions.

Some unit acreages are estimated quantities; payment will be made for actual acres treated and accepted.

CONTRACTOR INFORMATION

Signature: Phone:

Printed Name: Fax:

Business Name: DUNS #:

Address: Email:

Contract Clauses:

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

52.202-1 - DEFINITIONS (JUL 2004)

52.203-3 - GRATUITIES (APR 1984)

52.203-5 - COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-12 - LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.204-4 - PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-18 – COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

52.204-13 - SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

52.232.40 – PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

AGAR 452.237-74 Key Personnel (FEB 1998)

The Contractor shall assign to this contract the key personnel:

CREW FOREMAN(s):

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

The contract will be modified to reflect any approved changes of key personnel.

The Contractor’s onsite representative shall be fully conversant in the English language.

ADDENDA TO FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (JAN 2017)

A) Fire Control

(a) 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 the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services http://www.usda.gov/procurement/policy/agar.html 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 firefighting 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.

(c) 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 the

Contractor’s 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 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. 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. 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 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.

(12) Pump and Trailer. NOT REQUIRED.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion.

Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges.

Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

B) Camping and Worksite Conditions

Camping and Worksite Plan shall be consistent with requirements set forth in the following paragraphs, the camping permit if required, and supplementary requirements in DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS. The Contractor shall provide a general plan with the technical proposal, and shall provide a more specific plan based on items awarded, prior to start work.

The Contractor shall be aware of and abide by the rules of the Kootenai National Forest applicable to forest visitors.

The Contractor shall obtain a camping permit from the District Ranger on the Libby Ranger District of the

Kootenai Forest prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping area has been cleaned up to the requirements of the Camping Permit.

If the Contractor does not obtain a camping permit but requires his/her employees to obtain the camping permit, the Contractor remains responsible for campsite clean-up and his/her employees conduct while camping on

National Forest land.

Contractor Information. The Contractor shall abide by the OSHA’s Field Sanitation Standard, Fact Sheet No.

OSHA 92-25, which applies to any agricultural establishment hiring 11 or more workers for hand labor. OSHA

92-25 document is attached in DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS.

C) 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. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

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

Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

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

D) Contractor Performance Assessment Reporting System

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition

Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

E) Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the

Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in the Attachments and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial

Commission Compliance Officer prior to award of the contract.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Jan 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

_X_ (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).

_X_ (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 American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

__ _ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the

Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor

(29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe

Benefits

Brush/Precommercial Thinner GS-4 $16.71

General Forestry Laborer WG-2 $13.51

(End of Clause)

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through April

24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

Contract Documents, Exhibits, or Attachments:

PROJECT SPECIFICATIONS

A. SCOPE OF CONTRACT

The objective of this treatment is to reduce stand density, improve forest health and better achieve the potential yield capability of these sites by removing undesirable trees and retaining dominant and codominant trees of the best quality.

The work required by this contract consists of tree thinning, slash treatment, and related work in compliance with its terms, specifications, and provisions. This includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property.

B. LOCATION AND DESCRIPTION

The work is located on the Palouse, North Fork, Lochsa/Powell and Moose Creek Ranger Districts of the Nez

Perce-Clearwater National Forests. Information pertinent to the project units are listed on the Silviculture

Summary Information Charts. The Silviculture Summary Information Charts are separate documents.

(a) Boundaries. Unit boundaries are obvious on-the-ground features or will be flagged where the boundaries aren’t clearly defined.

C. PROJECT ACCESS

(a) Roads. The project areas may be reached by forest roads that are accessible by standard two wheel drive pickup truck equipped for mountain driving during the normal operating season, unless otherwise stated on the Silviculture Summary Information Charts. However, not every road shown on the maps can necessarily be used for vehicle access. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. The Government will do what is considered reasonable for the initial opening of roads. There will be no walk-ins greater than ½ mile, any walk-ins will be indicated on the Silviculture Summary Information Charts. No additional payment will be made for walk-ins.

(b) Gates. Some of the sub-items are behind locked gates, which require written authorization and combination locks for access. Contractors will be allowed access behind the gates to conduct site visits and to perform the work. Offerors are advised to make arrangements at least 48 hours in advance to access units behind the gates. For more information and to obtain authorization, contact the following individuals listed:

Item 1 Moose Creek RD – Mark Anderson (208) 926-6414

Item 2 Palouse RD – Nic Wagner (208) 875-1738

Item 3 North Fork RD – Gordon Fitzwater (208) 476-8262 or (208) 464-1262

Item 4 Lochsa RD – Mark Anderson (208) 926-6414

(c) Motorized Equipment. Use of motorized equipment (such as All TerrainVehicles) other than hand held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

D. DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

(a) Crop Trees. Any tree that is selected or required to be left standing as provided in the specifications and is counted in the stocking density of the target stand (same as Leave Tree).

(b) Competitive Area. The competitive area is the immediate environment of the subject tree; that is, those trees which are competing for sunlight with the subject tree.

(c) Crown Class. Crown class is a description of the relative position of the tree crown with respect to competing trees surrounding the tree. Standard, recognized crown class terminology is used in the specifications.

(d) Hangup Tree. Any cut tree suspended more than 3 feet off the ground.

(e) Excess Trees. Uncut trees that do not meet crop tree specifications and should have been cut to meet the desired stocking density. Trees not severed from the stump and hangup trees are also considered excess trees.

(f) D.B.H. Diameter breast height is the diameter of the tree trunk measured at a point 4 ½ feet above the ground level on the uphill side of the tree.

(g) Small Trees Missed. Those trees exceeding the minimum tree height to be cut, but so small and in a crown class such that they are not considered to be providing significant competition to the crop trees.

(h) Missing Leave Trees. Those trees cut that should have been left.

(i) Slash. Tree limbs, trunks, and other debris created by the thinning operation.

(j) Lopping. Cutting limbs and trunks of trees.

(k) RHCA. Resource Habitat Conservation Area. Protected areas along streams where no cutting shall take place.

E. TECHNICAL SPECIFICATIONS

(1) SELECTION OF LEAVE TREES

The goal of this contract is to leave the best potential crop trees using variable spacing while reducing the overall tree density. Leave trees shall be selected from dominant and codominant trees that have no major defects, are of good form and vigor, and will be within the allowable stocking density. Tree quality and crown position are more important criteria for selecting trees to retain than tree species. However, when selections must be made between trees that are desirable, they will be done in accordance with the species preference list in the Summary Information Chart.

(a) Indicators of Desirable Leave Trees are:

Trees in the dominant or codominant crown class

Straight stem

Good foliage coloration

Balanced full crown

Free of insect and disease damage and/or symptoms

Vigorous annual terminal growth

These indicators, as well as overall tree vigor, are important criteria for leave tree selection. The most prominent indicator for vigor is annual terminal growth for the past 1 to 3 years.

(b) Indicators of Undesirable Trees are:

Trees in the intermediate or overtopped crown class

Short, incomplete or sparse crown

Crook or sweep in bole

Dead or broken tops

Multiple tops

Poor foliage coloration

Insect and disease

Physical or mechanical damage

Poor annual growth

These indicators shall determine trees to be cut, but minor defects will be acceptable for a particular leave tree if it is the best selection in the competitive area. Trees should be relatively free of insect and disease, animal damage, mechanical damage, except for minor problems that will not affect long term growth. Trees displaying these symptoms may be left as leave trees if they are the best available within the competitive area.

The number of leave trees per acre shall be within the maximum/minimum allowance based on the spacing specified for each Sub-item in the Silviculture Summary Information Charts. The appropriate number of leave trees will vary throughout the stand, being dictated by tree size, tree condition and their relative position within the canopy (crown class).

In order to leave the best crop trees the spacing may vary by up to 50 percent of the spacing specified for each

Sub-item in the Silviculture Summary Information Charts. However, spacing control shall be resumed using the original guidelines and the number of trees per acre shall not be materially increased or decreased by the method of selecting the best crop trees

Two healthy trees that are out in a natural opening and not affected by other competition shall be left regardless of how close they are.

NOTE: The prescription objective is based on the overall composition and condition of the stand and is intended to be a guideline for achieving a high quality final product. The Contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease, or animal damage problems and report them to the Contracting Officer. Major problems and treatments are described in the Summary Information Chart.

(2) CUTTING REQUIREMENTS

(a) Cutting. All cut trees shall be completely severed from the stump. Stump height shall not exceed 12 inches above the ground level or 4 inches above natural obstacles.

The maximum tree diameter to cut is specified in the Silviculture Summary Information Chart. Trees exceeding this diameter that are diseased, pest infested, heavily damaged, or poorly formed shall be girdled up to a specified diameter, if required in the Silviculture Prescription Summary Charts.

The minimum tree height to be cut is specified in the Silviculture Summary Information Chart.

No brush is required to be cut within the units except for what is needed to facilitate the thinning work itself, unless designated otherwise in the Information Chart. No Pacific yew shall be cut (in form of bush or tree).

(b) Felling. Cut trees shall be felled away from unit boundaries, established trails, game trails, telephone lines, fence lines, stock driveways, and established land corners. Any trees felled across such areas shall be removed.

Snags shall not be cut except where they jeopardize the safety of the Contractor’s operation. Approval in the form of a written Work Order be obtained from the COR prior to felling. Snags approved for felling shall be felled prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.

(c) Riparian Areas/RHCAs. Any no cut buffers will be noted in the Silviculture Summary

Information Chart or addressed during Pre-work meetings before work begins on an Item.

If directional felling can be safely performed, any trees felled outside the no cut buffers will be felled toward the stream channel or water feature. Trees felled into the no cut buffers will not be removed.

(d) Girdling. The Contractor shall select and girdle trees specified in the Silviculture Prescription

Summary Charts. Girdling shall be two bands, deep enough and wide enough to ensure death of the tree.

(e) White Pine. White pine shall be treated as a potential crop tree and will be counted in the stocking density of the target stand unless otherwise indicated on the Silviculture Summary Information

Chart. The white pine in some Subitems may be ignored and will not be counted in the stocking density. Any special white pine treatment requirements will be specified in the Silviculture

Summary Information Charts.

(3) SLASH TREATMENT

Slash created by the Contractor shall be reduced to a height of less than three feet on average throughout the unit. Slash shall be placed so that it will not lean against or be suspended by an uncut tree, stump, log, or any obstacle.

If slash is leaning against an uncut crop tree, branches on the crop tree shall not be cut to release the suspended slash.

Any special slash treatment requirements will be specified in the Silviculture Summary Information Chart.

Slash shall be pulled back five feet from culverts. All debris from the Contractor’s operation shall be removed from drivable roads. The road clearing includes ditches along the road, cut slopes and any thinning slash that hangs over the cut slope.

Slash treatment shall be performed concurrent with the thinning operation.

(4) RESOURCE PROTECTION

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.

F. CONTRACTOR QUALITY CONTROL

The Contractor shall provide quality control for all thinning operations. The Contractor is expected to conduct their own prompt inspections to ensure that all thinning and slash treatment 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 thinning quality.

Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) within 7 calendar days after contract award.

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

G. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(a) Inspection. The Government’s quality assurance inspections will determine compliance with specifications and provide the basis for computing the rate of payment. Inspections will consist of visual observations and sample plots to determine compliance with the specifications. The

Government will install up to one plot for every two acres in a sub-item with a minimum of three plots per sub-item. The plots will be located throughout the thinned areas to obtain a representative sample of the work. Plot centers will be marked and numbered. Each contract sub-item will be inspected separately and inspection results will not be averaged with those of other contract sub-items.

Determination of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided in the contract. The Contractor or his representative may observe inspections while they are underway.

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

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

(b) Plot Procedures. Each plot will be examined and the findings on the items listed below recorded:

(i) Number of trees that were left

(ii)…