RFQ_Strom_08.doc

AG-03J1-S-08-0029

2008 D1/D3 Thinning & Piling Kootenai National Forest

Rexford & Fortine Ranger Districts

Lincoln County, Montana

SCHEDULE OF ITEMS

Item

Unit Total

Number

Description

Unit Quantity Price Price_____

Fortine West 2 & 3 Pile

Acres 33 $__________

ITEM NO. 1 Total Price

Fortine West 4 Pile

Acres 65 $__________

ITEM NO. 2 Total Price

Fortine West 9 Pile

Acres 13

ITEM NO. 3 Total Price

Trego 48 Pile

Acres 22

ITEM NO. 4 Total Price

Slick Gulch PCT Pile

Acres 20

ITEM NO. 5 Total Price

ITEM NO. 6: Peck Gulch I&D Thinning and Piling

Subitem:

6a Peck Gulch Thin

Acres

6b Peck Gulch Excavator Pile

Acres

6c Peck Gulch Hand Pile

Acres 2 $_________

ITEM NO. 6 Total Price

ITEM NO. 7: East Virginia Fuels Thinning and Piling

Subitem:

7a Rocky Gorge Thin

Acres

7b Rocky Gorge Pile

Acres

ITEM NO. 7 Total Price

B-2 - EVALUATION OF QUOTES/ BASIS OF AWARD:

AWARD WILL BE MADE BY ITEM. Quotes will not be accepted for quantities less than those specified for each item and shall be submitted for all subitems within each item. Award of Items 6 and 7 is contingent upon completion of NEPA at the time of award.

The Government may issue one or more orders as a result of this Request for Quotations to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government. Award will be made on a Best Value basis considering, but not limited, to such factors as price, past performance, capability to accomplish this type of work. The Government may issue an order to other than the lowest quoter, waive minor informalities or irregularities in quotes received, or elect to not award at all. If necessary, the Government may conduct discussions with any or all quoters.

The Experience Questionnaire located on Pages 4 and 5, since an order will be used to evaluate all responsive quotations received.

EXPERIENCE QUESTIONNAIRE

Thinning and Excavator Piling

Rexford and Fortine Ranger District

(1) How many years have you been a prime contractor? ________________

(2) Record of Past Performance. List below all piling or similar projects your business has completed within the last three (3) years:

Contract

Amount

Completed Contract

Completed on Time?

Name of Forest or Company, Contracting Officer & Telephone No.

(3) Have you ever failed to complete any work awarded to you (Yes or No)? _________________

If yes, list the date, location, and COR (Contracting Officer's Representative) where the default occurred.

(4) Capacity. List below all of your firm's contractual commitments running concurrently with the work contemplated by this Request for Quotation:

Contract

Number Contract

Amount

Completed Estimated

Completion

Date Name of Forest or Company, Contracting Officer & Telephone No.

(5) Proposed Work Schedule/Crew Size:

(a) Minimum number of employees: ____________________________

(b) Maximum number of employees: ____________________________

(c) List below the experience of the employees you intend to use on this project:

Piling

Experience

(6) Estimated rate of progress:

(a) Minimum progress rate: ____________________________

(b) Maximum progress rate: ____________________________

(7) Specify the equipment available for this contract:(dozer work will not be accepted for this contract)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006).

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $16.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ X ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code 115310 assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

(Signature) Print Authorized Signer’s Name Date

SECTION C - SPECIFICATIONS

C-1 – SCOPE OF CONTRACT. The purpose of this performance based contract is to secure services to accomplish stand treatments related to the reduction of down fuel loading through excavator piling. This work may occur on slopes up to 30% and on rocky terrain. The contractor shall furnish all technical expertise, labor, equipment, supervision, tools, transportation, operating supplies, and incidentals necessary to complete the required work in accordance with the drawings, specifications, and terms of this solicitation and any resultant contract.

C-2 - LOCATION AND DESCRIPTION. The work is located within the Rexford and Fortine Ranger Districts of the Kootenai National Forest, headquartered in Eureka, Montana and Fortine, Montana. Vicinity and project maps are included in this solicitation. Higher quality project maps are available at the district offices from Megan Strom. District travel maps are also available at the district offices.

(1) Location of Projects: These projects are located on the Rexford and Fortine Ranger Districts.

Item 1 – Fortine West 2 & 3 Piling are two separate units (12 acres and 21 acres) located approximately 16 miles (by road) south and west of the Murphy Lake Ranger Station, in T32N/R26W in the middle of the north half of Section 1. Access from Murphy Lake Ranger Station, by traveling through Trego on FS Road 36. Turn right on Road 3531. Travel up the 3531 road to the 3533 road and turn right. Unit 2 is located on the 3533 road beginning at the junction with 3533 D spur. Unit 3 is located by traveling through unit 2 and turning left on the 3533 E spur and continuing to the end of the road OR by turning off the 3533 road onto the 3537 road. (See project map for location.) In this unit, piling shall only be performed in an area of 33 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 2 – Fortine West 4 Piling is located approximately 15 miles (by road) south and west of the Murphy Lake Ranger Station, in T33N/R26W southwest corner of Section 33 and T32N/R26W middle of the north half of Section 6. Access from the Murphy Lake Ranger Station by traveling through Trego on FS Road 36. Turn right on Road 3531. Travel approximately 1.5 miles and turn right on Road 3533. Travel approximately ½ mile and turn left on Road 3533 A. The unit is at the end of this road. (See project map for location.) In this unit, piling shall only be performed in an area of 49 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 3 - Fortine West 9 Piling is located approximately 15 miles (by road) south and west of the Murphy Lake Ranger Station, in T33N/R26W north west corner of Section 5. Access from the Murphy Lake Ranger Station, by traveling through Trego on FS Road 36. Continue up the 36 road to the 3531 road. Turn right. The unit is located on the 3531 road on the north side of the road, approximately 2.5 miles after turning of Road #36. (See project map for location.) In this unit, piling shall be performed in an area of 13 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 4 - Trego 48 Piling is located approximately 9.5 miles (by road) south and west of the Murphy Lake Ranger Station, in T33N/R26W north east corner of Section 20. Access from Murphy Lake Ranger Station by traveling through Trego. Continue on the 36 road to the 865 road. Turn left. Travel up the 865 road approximately 2 miles. Stay right on the 871 road and stay left on the 871 A spur. The unit is located on the east side of the road. (See project map for location.) In this unit, piling shall be performed in an area of 22 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 5 - Slick Gulch PCT Pile is located approximately 11.5 miles (by road) south of the town of Eureka in T35N/R27W on the south east side of Section 3. Access via Othorop Lake road, turn left on Forest Road #3668. Approximately ¼ mile north of road # 7912, take a right on an unmarked forest road. Travel this road approximately ½ mile and road will dead end in unit. (See project map for location). In this unit, piling shall be performed in an area of 20 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 6 – Peck Gulch I&D Thin and Pile is located approximately 22 miles (by road) south and west of the town of Eureka, in T34N/R29W north west corner of Section 12. Access via Highway 37. Travel south from Eureka approximately 21.5 miles; then, turn right into the Peck Gulch Campground and boat launch. Unit is located on both sides of the road. (See project map for location.) In this unit, thinning (8 acres), hand piling (2 acres) and excavator piling (6 acres) shall be completed. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 7 – Rocky Gorge I&D Thin and Pile is located approximately 26.5 miles (by road) south and west of the town of Eureka, in T33N/R29W center of Section 2. Access via Highway 37; then, travel south from Eureka approximately 26 miles. Turn right into the Rocky Gorge Campground and boat launch. The unit is located on both sides of the main road. (See project map for location.) In this unit, thinning and piling shall be performed in an area of 34 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

(2) Accessibility. The general vicinity of the contract areas may be reached by forest roads that are accessible by standard pickup during normal operation season (approximately June to October). The Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open. Individual stands are accessible by combination of 2- or 4- wheel drive. It is the Contractor's responsibility to keep current on road restrictions. A written request to access closed roads by motorized vehicles shall be submitted for approval by the District Ranger or designated Staff Officer. Request for road access should be made one week prior to useage with the Contracting Officers Representative (COR). The Contractor shall lock all gates upon entering and leaving the unit area. For planning purposes, the Contractor shall assume that the motorized travel will be restricted on roads not shown on the District Road Access Map.

Some roads are not shown in their entirety, or are not shown at all on the District Road Access Map. Contact the COR regarding access.

Timing of road use may have to be coordinated with other users.

Roads will be open/closed as shown on the District Access Map which is usually updated annually.

(3) Boundaries. The unit boundaries are sale unit boundaries OR are flagged with ribbon flagging, various colors of flagging may have been used. Small exclusions may be flagged out. For detailed information concerning unit boundaries, contact the COR. Aerial photos and/or higher quality maps of the units will be available for inspection to assist the Contractor with unit boundaries.

(4) Detailed Unit Information. Additional information can be obtained by contacting Megan Strom at the Rexford Ranger Station, (406) 296-2536 or at the Murphy Lake Ranger Station, (406) 882-4451 during business hours.

C-3 - DEFINITIONS

Access point – The point identified for access to the fuel reduction areas.

Calendar Days – Every day shown on the calendar, Sundays and holidays included.

Contracting Officer’s Representative – The on-site contract administrator for the Contracting Officer. The duties and responsiblities of the COR are defined in the letter of designation issued by the Contracting Officer.

Contract Time - See Period of 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 the trunk measure at a point 4-1/2 feet above the ground level on the uphill side of the tree.

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.

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, absence of mortality causing diseases or insects in the terminal buds.

Period of Performance (also Performance Period or Contract Time) - The number of calendar days allowed in the contract for completion of contract work.

Piling – create piles of slash in accordance with Performance Standards.

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 a 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.

Special Protection Area - A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Refer to the Silvicultural Summary Prescription for required practices.

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

C-4 - CONTRACTOR RESPONSIBILITIES

(1) PERFORMANCE STANDARD - Selection of Removal Trees. Selected trees shall meet the following requirements of the Silvicultural Diagnosis and Prescription:

(a) Criteria for Tree Removal:

Item 6a – Peck Gulch I&D Thinning: Thinning/slashing. Reduce stocking and ladder fuels by thinning from below to an average of 80ft²/acre or less. To achieve this objective use the following specifications:

· Fell all LPP less than 7” DBH, and all WL less than 7” DBH that are infested with Dwarf Mistletoe.

· For a 25’ radius around all PP 14” DBH and greater and all WL 20” and greater fell all DF 12” and less, all LPP, PP, and WL less than 10” DBH.

· Thin the remaining stems, which are less than 7” DBH on an approximate 17 x 17 ft spacing with a minimum 10’ between leave trees, strongly favoring PP, with mistletoe-free WL next, and DF last.

· Buck all stems into 12’ or smaller lengths

Leave all dead snags for wildlife species, except those needing to be felled for safety reasons.

Stump Height and Removal of Live Limbs. Performance Standard. All trees other than leave trees 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. Stump height shall not exceed 12 inches above ground level or 4 inches above natural obstacles.

Felling. Performance Standard. Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed. Any tree felled into private land shall be pulled back into the thinning unit. All thinning slash shall be placed on or near the ground surface, so that it is not leaning against or suspended by an uncut tree, stump, log, or any obstacle. Snags may not be cut unless the contractor elects to fall them for safety reasons. Snags felled should be done prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.

*****Keep Road 7941 and B spur free of slash. Thinning shall take place at a time agreed upon by the COR and District Silviculurist due to Mountain Pine Beetle and camping issues.

Item 7a – Rocky Gorge I&D Thinning: Thinning/slashing. Reduce stocking by thinning from below to an average of 80ft²/acre or less. To achieve this objective use the following specifications:

· Fell all LPP less than 7” DBH and all WL less than 7” DBH that are infested with Dwarf Mistletoe.

· For a 25’ radius around all PP 14” DBH and greater, and all WL 20” and greater fell all DF 12” DBH and less, all LPP, all PP and WL less than 10” DBH.

· Thin remaining stems, that are less than 7” dBH, on an approximate 17 x 17 ft spacing with a minimum 10’ between leave trees, strongly favoring PP, then mistletoe-free WL next, with DF last.

· Buck all stems into 12’ or smaller lengths.

· Leave all snags for wildlife species, except those needing to be felled for safety reasons.

Stump Height and Removal of Live Limbs. Performance Standard. All trees other than leave trees 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. Stump height shall not exceed 12 inches above ground level or 4 inches above natural obstacles.

Felling. Performance Standard. Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed. Any tree felled into private land shall be pulled back into the thinning unit. All thinning slash shall be placed on or near the ground surface, so that it is not leaning against or suspended by an uncut tree, stump, log, or any obstacle. Snags may not be cut unless the contractor elects to fall them for safety reasons. Snags felled should be done prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.

*****Keep Road 14009 and A and B spurs free of slash. Protect all forest improvements. Thinning shall take place at a time agreed upon by the COR and District Silviculurist due to Mountain Pine Beetle and camping issues.

(2) PERFORMANCE STANDARD The Contractor shall select and monitor leave trees in order to achieve the requirements specified for each Item in the Silvicultural

Prescription. Example: leave all trees(7+”dbh-PP, 9+”dbh-DF), leaving all WL, and snags over 10”dbh., unless otherwise noted on individual Silvicultural Prescriptions.

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 in a professional manner. Contractor is expected to use silviculture knowledge to identify and adjust to any changing conditions within the stand or notify the Contracting Officer of such changing conditions.

(3) PERFORMANCE STANDARD Slash shall be piled into piles that are compact and relatively free of dirt and decomposed duff. Piles shall be at least 10 feet from designated leave trees and unit boundaries. Roads shall be kept clear of Contractor created slash piles from the top of the cut slope to the toe of the fill. Piles shall not be less than 6 feet in height and not more than 15 feet in width. The slash shall be gathered and piled, with slash aligned in the same direction as much as possible. No stumps shall be placed in piles. Piles piled in teepee fashion are not acceptable. Rolling the piles to compact them is preferred.

(4) PERFORMANCE STANDARD The Contractor shall pile the majority of woody material less than six inches in diameter on the large end and leave a minimum of 5 tons per acre and a maximum of 7 tons per acre of the larger material evenly distributed throughout the units.

(5) PERFORMANCE STANDARD The Contractor shall pile all slash by date specified for each item under Period of Performance section.

(6) PERFORMANCE STANDARD (Slash Treatment). All slash piling shall be conducted in such a manner as to allow operations without damaging residual trees. All standing trees shall be retained in an undamaged condition. Existing slash shall be piled by the date specified for each item under the period of performance section. Slash shall be pulled back 5 feet from culverts on the fillslope. No slash shall be left on roads or fillslope after piling.

(7) PERFORMANCE STANDARD (Protection of Existing Facilities, Developments and Resources):

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

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

Protection of Streamcourses. The Contractor shall minimize damage to streamcourses. Contractor shall not enter closer than 50 feet of any intermittent stream or 100 feet of any year round stream. Slash shall be pulled out of dry draws with defined channels and draws that have the potential to flow water. Piling in or crossing any intermittent stream, year round streams, or wet areas is strictly prohibited.

Cultural 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, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. The Contractor shall immediately notify the Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until the Forest Service 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 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 agreed otherwise, trees shall not be felled into such areas.

Special Treatment Areas Treatment and salvage will not be allowed in flagged special treatment areas. Excavators shall not enter special treatment areas.

(8) PERFORMANCE STANDARD (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. 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. Equipment shall not be operated when ground conditions are such that excessive damage will result. The Forest Service shall suspend operations of any machine work when they deem conditions are not conducive to piling. This may include steep slope, wet soils, puddling due to rain or thawing. Soil moistures greater than 20% will be considered potentially damaging ground conditions.

(9) PERFORMANCE STANDARD (Noxious Weed Control) In order to prevent the potential spread of noxious weeds, the Contractor shall clean all mud, dirt, seeds, and plant parts from all equipment prior to entry onto National Forest lands at no additional cost to the Government. All equipment coming from outside the State of Montana, including lowboys and trucks, shall be washed prior to entering the State. The contractor shall provide the COR 24 hours advance notice prior to cleaning of equipment and arriving on the District for inspection.

C-5 – PRODUCT REMOVAL. If the contractor requests and Contract Officer agrees to allow removal of timber products from material that is required to be slashed or piled, the contractor will obtain the necessary permits from the 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-6 – EQUIPMENT. Only crawler type excavators with sufficient horsepower to handle the material to be piled and of a size which will allow operations without damaging residual trees shall be used. All standing trees shall be retained in an undamaged condition.

C-7 – LOSS, DAMAGE OR DESTRUCTION.

The Government will not be liable for loss, damage or destruciton of equipment furnished under this contract except for such loss, damage or destruction resulting from the negligence or wrongful act(s) of Government employees while acting with the sope of their employment.

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

C-8 - CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM. In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (b) the Contractor shall propose and adopt a quality control inspection system to ensure that the required work meets the specifications. The Contractor may use the Inspection and Acceptance Requirements stated under Government Responsibilities as an inspection system if desired. Any proposed inspection system shall produce written inspection data which shall be provided in a timely manner as agreed to by the Contracting Officer. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E-1 – CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contact 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 this address: www.arnet.gov/far/

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services – Fixed Price (AUG 1996)

E-2 - CONTRACTOR QUALITY CONTROL PLAN

Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 10 days of contract award based on items awarded to the Contractor and Government comments.

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 the thinning, slash piling, and other work to determine actual quality percentage.

E-3 - PERFORMANCE ASSESSMENT PLAN (PAP) In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (c), 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 stated

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. The Government’s inspection of the work does not relieve the Contractor of its responsibility to provide an inspection system as stated in Paragraph (b) of the Clause stated above.

Inspection Procedure Piling

(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 specifications the following systematic inspection procedure will be made:

(a) 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. Inspection consists of checking piles for compaction, size, and non-burnable material. In addition, Browns Down Woody Fuel Surveys will be the method for determining ton per acre of material remaining on site.

E-4 - PERFORMANCE REQUIREMENTS SUMMARY

Inspection of Slash Treatment/Piling. Acceptance will be determined by an inspection of the areas requiring treatment and will be based on adherence to the specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

Measurement. The acreage of each unit was made using Global Positioning System measurements. Noxious Weeds Control Requirements is incidental to machine slash piling.

Basis Of Payment. Payment will be made at the contract unit price for work completed and accepted in accordance with the above required specifications.

SECTION F – DELIVERIES OR PERFORMANCE

F-1 – CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 this address: www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 – ADDITIONAL DELIVERIES OR PERFORMANCE REQUIREMENTS

(a) Contract Time and Required Rate of Progress

Item No.

Estimated Start Work Date Completion Date (Mandatory)

1 Fortine West 2 & 3

July 1, 2008 (NTP)*

October 30, 2008*

2 Fortine West 4

July 1, 2008 (NTP)*

3 Fortine West 9

4 Trego 48

5 Slick Gulch PCT

6a Peck Gulch Thin

November 30, 2008*

6b Peck Gulch Excavator Pile July 1, 2008 (NTP)*

November 30, 2008*

6c Peck Gulch Hand Pile

July 1, 2008 (NTP)*

November 30, 2008*

7a Rocky Gorge Thin

July 1, 2008 (NTP)*

7b Rocky Gorge Pile

*unless weather conditions are not conducive to machine piling.

The Contractor shall maintain progress at a rate, which will assure completion of all work by the mandatory completion dates, stated above.

The Contracting Officer will issue a Notice to Proceed as soon as practicable following contract award.

F-3 - FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

SECTION G - MEASUREMENT AND PAYMENT

G-1 – 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 above required specifications. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G-2 - FINAL PAYMENT

The amount of the final payment will be calculated as described above and approved for payment after--

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

(b) Presentation of a properly executed invoice; and

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 – FIRE CONTROL

H.1.1. 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.

H.1.2. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.1.3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.1.4. An equitable adjustment in contract time may be made for this period.

H.1.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.1.5.1. 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 H.2.5.2. and H.2.5.4. below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required 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.

H.1.5.2. 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:

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

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

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

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

H.1.5.3. 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.

H.1.5.4. Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

b. 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.

H.1.5.4.1. 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.

H.1.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.1.5.6. 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.

H.1.5.7. 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.

H.1.5.8. 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.

H.1.5.9. 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.

H.1.5.10. 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.

H.1.5.11. 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.

H.1.5.11.1 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:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. 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.

H.1.5.12. Pump and Trailer. Not required.

H–2 - PREWORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, slash treatment, camping/worksite plan, communications, and fire prevention plans shall be finalized in writing.

H-3 – USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H-4 - PERSONAL PROTECTIVE EQUIPMENT

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

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.

Defective or damaged personal protective equipment shall not be used.

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.

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.

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.

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.

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.

H-5 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

Definition. An EMS provides a systematic approach for continually improving environmental performance. An EMS identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls already in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of WUI or Community Wildfire Protection…