RFQ.doc

AG-03J1-S-09-0001

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ FORMCHECKBOX

IS FORMCHECKBOX

IS NOT A SMALL BUSINESS SET-ASIDE Page 1 of 33

UNDER BDSA REG. 2

AND/OR DMS REG. 1

USDA, Forest Service

Kootenai National Forest

31374 U.S. Highway 2

Libby, MT 59923-3022 Estimated Start Date: See page 14 Contract Time: See page 14

FOB DESTINATION FORMCHECKBOX

OTHER

November 7, 2008

11. SCHEDULE (Include applicable Federal, State and local taxes)

Rexford Ranger District Furnishing Quotation: Complete the short package of this Request for Quotations as your quote. It contains the Standard Form 18 through Page No. 6. Return to the address shown in Block 5A.

Award will be made under Simplified Acquisition Procedures, limited to $100,000 or less.

QUOTATIONS WILL BE KEPT CONFIDENTIAL UNTIL AWARD IS MADE.

Tax ID: __________________

NOTE: Additional provisions and representations FORMCHECKBOX are FORMCHECKBOX are not attached.

SIGN QUOTATION

a. NAME OF QUOTER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

2009 D1 Fall Piling Kootenai National Forest

Rexford Ranger District Lincoln County, Montana

SCHEDULE OF ITEMS

Item

Unit Total

Number

Description

Unit Quantity Price Price_____

Phils Lake Fire Salv Pile

Acres 84 $__________

ITEM NO. 1 Total Price

East Virginia 31 Pile

Acres 86.5 $__________

ITEM NO. 2 Total Price

North Cliff Pile

Acres 22.5

ITEM NO. 3 Total Price

North Scalp Pile

Acres 31

ITEM NO. 4 Total Price

B-2 - BASIS OF AWARD: AWARD WILL BE MADE BY ITEM. QUOTERS MAY SUBMIT A QUOTE FOR ANY OR ALL ITEMS. Offers 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 this contract is contingent upon funding being available at the time of award.

B-3 - EVALUATION OF QUOTES: 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 past performance, experience, capability, capacity, price, and overall cost to the Government.

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 will conduct discussions with any or all quoters. It is in the quoter’s best interest to fully respond to the Experience Questionnaire located on Pages 3 and 4, since an order may be issued on the basis of information received without further discussions.

In addition to responding to the Experience Questionnaire, the quoter must submit a Quality Control Plan with their quotation. See Page 11 for further details on what the Quality Control Plan (QCP) must contain.

EXPERIENCE QUESTIONNAIRE

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 Ranger District of the Kootenai National Forest, headquartered in Eureka, Montana. A vicinity and project map is included in this solicitation. Higher quality project maps are available at the district office. Contact Megan Strom. District travel maps are also available at the district office.

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

Item 1 – Phils Lake Fire Salvage Piling is one unit (84 acres) located approximately 11 miles (by road) south and west of the Eureka Ranger Station, in T36N/R28W in the southeast corner of section 26. Access from Eureka Ranger Station, by traveling west on Highway 37. Turn left on Pinkham Creek Road (#856). Travel on the #856 road to the #7182 road (Camp 32 road) and turn right. The unit is located on the north side of this road and road #7299 (See project map for location.) In this unit piling only shall be done in an area of 84 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 2 – East Virginia 31 Piling is located approximately 21 miles (by road) south and west of the Eureka Ranger Station, in T35N/R27W northwest corner of section 16. Access from the Eureka Ranger Station by traveling west on Highway 37. Turn left on road Pinkham Creek Road (#856). Drive on Pinkham Creek road to forest road #7147 (Teepee Lake road) turn left on road #7147. Just after the first switch back take forest road #7147E. The majority of the piling unit is below the road to the west with a small 2 acre portion above the road. (See project map for location.) In this unit piling only shall be done in an area of 86.5 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 3 - North Cliff Piling is located approximately 29 miles (by road) south and west of the Eureka Ranger Station, in T35N/R29W southeast corner of section 8 and the southwest corner of section 16. Access from Eureka Ranger Station by traveling west on Highway 37. Cross the Koocanusa Bridge and turn right on the West Kootenai Road. Turn left on the Boulder Road (#337). Continue up the #337 road to the #7179 road. Turn left. This road becomes road #1921 after the Webb Lookout turnoff. Continue down this road. The first unit will be on the upper side of the road and is approximately 15.5 acres. The second portion of the unit is further down the 1921 road and is at the switchback with the #1922 road. It is between the #1921 and #1922 roads and is also on the lower side of the #1922 road and is approximately 7 acres in size. (See project map for location.) In these two units piling shall be done in an area of 22.5 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 4 - North Scalp Pile is located approximately 23 miles (by road) west of the town of Eureka in T36N/R29W in sections 23 and 25. Access from Eureka Ranger Station by traveling west on Highway 37. Cross the Koocanusa Bridge and turn right on the West Kootenai Road. Turn left on the Yaak 92 road. Travel up this road to the Boulder-Sullivan Cutoff (#7206). This piling unit consists of 5 smaller units. The first is on gated road #7206A. It is on the lower side of the road and is approximately 10 acres in size. 3 of the units are located off of gated road #7206C. Two units are above the road (2 acres and 13 acres) and one unit is below the road (1 acre). The final portion of the project is located on gated road #7206D. It is located above the road and is approximately 5 acres in size. (See project map for location). In these units piling shall be done in an area of 31 acres. The machine work shall be done 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 should 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 AND/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 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.

(2) 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.

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

(4) 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 fill slope. No slash shall be left on roads or fill slope after piling.

(5) 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.

(6) 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.

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

Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the Forest Service at an agreed upon location. Provide the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the Contractor and the Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

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

(a) The equipment shall be a crawler-type excavator with a ground pressure maximum of 10.2 pounds per square inch. Horsepower rating shall be 45 to 125 horsepower.

(b) The equipment shall have either a grapple or a bucket and thumb, or a combination of both, capable of reaching up to 25 feet of either side of the machine and shall be capable of piling slash 15 feet in height from the ground.

(c) The crawler-type excavator shall be equipped with a protective screening around the cab to protect the operator from flying material.

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

C-7 – LOSS, DAMAGE OR DESTRUCTION.

The Government will not be liable for loss, damage or destruction 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.

C.4.11. Quality Control. The Contractor shall prepare a Quality Control Plan as described in Section E. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

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.

DELIVERIES OR PERFORMANCE

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)

ADDITIONAL DELIVERIES OR PERFORMANCE REQUIREMENTS

(a) Contract Time and Required Rate of Progress

Item No.

Estimated Start Work Date Completion Date (Mandatory)

1 Phils Lake Fire Salvage

November 17, 2008 (NTP)* March 15, 2009*

2 East Virginia 31

November 17, 2008 (NTP)* August 30, 2009* 3 North Cliff

4 North Scalp

*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.

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.

MEASUREMENT AND PAYMENT

MEASUREMENT AND PAYMENT

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

(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.

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)

SPECIAL CONTRACT REQUIREMENTS

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.

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.

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.

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.

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 Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

SECTION I--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 this/these address(es): www.arnet.gov/far/ and www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUNE 2003) 52.222-3 Convict Labor (JUNE 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-36 Affirmative Action for Workers with Disabilities (JUNE 1998)

52.222-41 Service Contract Act of 1965 (NOV 2007)

52.222-50 Combating Trafficking in Persons (AUG 2007)

52.223-5.1 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2003)

52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-13 Accident Prevention (NOV 1991)

52.242-15 Stop-Work Order (AUG 1989)

52.243-1 Changes--Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2007)

52.245-1 Government Property (JUNE 2007)

52.245-9 Use and Charges (JUNE 2007) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

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