solicitation.doc

2009 North End RAC Projects

AG-03J1-S-09-0034

Rexford & Fortine Ranger Districts

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ FORMCHECKBOX

IS FORMCHECKBOX

IS NOT A SMALL BUSINESS SET-ASIDE

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

USDA, Forest Service

Kootenai National Forest

31374 U.S. Highway 2

Libby, MT 59923 Estimated Start Date: See Section F

Contract Time: See Section F

FOB DESTINATION FORMCHECKBOX

OTHER

8. TO:

September 10, 2009

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

2009 North End RAC Projects Rexford & Fortine Ranger Districts Furnishing Quotation: Complete the short package of this Request for Quotations as your quote. It contains the Standard Form 18 through Page No. 11. Return to the address shown in Block 5A.

QUOTATIONS WILL BE KEPT CONFIDENTIAL UNTIL AWARD IS MADE.

DUNS #__________

TAX ID#_________

Enter Prices in Section B (page 2)

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

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

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

SECTION B – SERVICES AND/OR PRICES

2009 North End RAC Projects Kootenai National Forest

Rexford & Fortine Ranger Districts Lincoln County, Montana

B-1 - SCHEDULE OF ITEMS

Item

Estimated Unit Total

Number

Description

Unit Quantity Price Price__ 1.1 Treatment Area 1 (Bo Dudley)

Thinning, slashing, piling, Acres and removal of included timber.

1.2 Treatment Area 2 (Little Buck)

1.3 Treatment Area 3 (Boundary P & P)

TOTAL PRICE - ITEM 1

XXXXXXX

Treatment Area 1 (Virginia Hill)

Thinning, slashing, piling

TOTAL PRICE - ITEM 2

XXXXXXX

B-2 – INCLUDED TIMBER. The Forest agrees to sell and the Contractor agrees to purchase, cut and remove all Included Timber as described in Section J of this Service Contract. Included timber shall be harvested as per terms and conditions stated in attached Timber Sale Contract (Section J) and Special Contract Requirements (Section H).

B-3 – EVALUATION OF QUOTES/BASIS OF AWARD

ONE OR TWO AWARDS WILL BE MADE. Quotes will not be accepted for any quantities less than those specified, and must be submitted for all subitems within each item.

The Government will issue one or two 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, and 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 not to award at all. If necessary, the Government may conduct discussions with any or all quoters.

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

B-4 – WRITTEN ACCEPTANCE

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

USDA Forest Service

EXPERIENCE QUESTIONNAIRE

Instructions: See Box 11, Remarks, if extra space is needed to answer any item below. Mark “X” in appropriate boxes.

1. Contractor Name, Address, and Telephone Number

2. Submitted to (Office Name and Address)

USDA Forest Service

Kootenai National Forest

31374 U.S. Highway 2 Libby, MT 59923-3022

3. Business

[ ] Company

[ ] Corporation

[ ] Non-profit Organization

[ ] Co-partnership

[ ] Individual

4. How many years do you or your firm have in the line of work contemplated by this solicitation?

5. How many years experience have you or your business had as a (a) prime contractor ______ and/or (b) sub-contractor ______?

6. List below the projects your business has completed within the last three years:

Contract

Amount

Owner/Person to Contact for Project Information

7. List below all of your firm’s contractual commitments running concurrently with the work contemplated by this solicitation:

Of Award

(Units) Percent

Completed Date Contract

Complete

8a. Have you ever failed to complete any work awarded to you? [ ] Yes [ ] No

8b. Has work ever been completed by performance bond? [ ] Yes [ ] No

8c. did you look at the project site(s) on-the-ground? [ ] Yes [ ] No

8d. If “Yes” to either item 8a. or 8b., specify location(s) and reason(s) why:

EXPERIENCE QUESTIONNAIRE, CONTINUED

9. Employees and equipment that will be available for this project:

a. (1) Minimum number of employees: _______ and (2) Maximum number of employees: _______

b. Are employees regularly on your payroll: [ ] Yes [ ] No

c. Specify equipment available for this contract: ______________________________________________________________________

d. Estimate rate of progress below (such as 2.0 acres/man/day):

(1) Minimum progress rate: _________________ and (2) Maximum progress rate: ___________________

10. List below the experience of the principal individuals of your business. (Who will directly be involved in this contract?)

11. Remarks – Specify Box Numbers (Attach sheets if extra space is needed to fully answer any above question):

NOTE: PLEASE PROVIDE ANY ADDITIONAL INFORMATION THAT WILL HELP EVALUATE YOUR ABILITY TO SUCCESSFULLY COMPLETE THIS PROJECT.

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge, and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

12a. CERTIFYING OFFICIAL’S NAME AND TITLE

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

FAR 52.204-8 - ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

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

(2) The small business size standard is $7.0 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 (d) 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 (d) 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:

( (i) Paragraph (d) applies.

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

(c) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II). This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 that apply to this solicitation as indicated in paragraph (c) of this provision 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

(APR 2009)

(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. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(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 date specified in the contract for exercising 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 representation 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 the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause 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].

SECTION C - SPECIFICATIONS

C-1 - SCOPE OF CONTRACT. This project is funded through the Lincoln County Resource Advisory Committee (RAC) and appropriated U.S. Forest Service brush disposal funding. The purpose of this performance-based contract is to secure services to accomplish stand treatments related to the reduction of standing fuel loading through thinning, slashing, and piling on approximately 111 acres. The contractor shall organize and direct all equipment and personnel needed to accomplish the work. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required within the specifications.

The desired end result of this project is to achieve the following:

1. Improve wildlife habitat by opening the stand up to sunlight to encourage the growth of browse;

2. Mechanically reduce ladder and surface fuels, thereby reducing the susceptibility of wildfire;

3. Provide a stand mosaic that will approximate natural conditions created by past fires; and

4. Utilize non-sawlog material that would otherwise be piled and burned.

C-2 - LOCATION AND DESCRIPTION

(a) Description. The area is mixed gently rolling and occasional steep slopes over 35%. The treatment areas primarily consist of DF, WL, AF, LPP, and PP overstory with the understory composed mainly of small diameter DF, WL and a minor component of AF and LPP.

(b) Location. The work is located within the Fortine and Rexford Ranger Districts of the Kootenai National Forest, headquartered at Murphy Lake Ranger Station in Fortine, Montana and Eureka Ranger Station in Eureka, Montana. Legal Description: Sections 1, 2, 13, T34N, R27W; Sections 14, 15, T34N, R26W; and Sections 17, 20, T35N, R27W.

(c) Accessibility Item 1 Treatment Area 1 (Bo Dudley) is located approximately 2 miles west of the town of Trego, Montana. From Trego, take Fortine Cr. Road #36 approximately .5 miles to Road #413. On Road #413, travel 5.0 miles to the treatment area.

Treatment Area 2 (Little Buck) is located approximately 6 miles west of the town of Fortine, Montana. From Highway 93, take Meadow Creek Road #865 through Fortine 9 miles to Road #3648, then on Road #3648, .5 miles to Road #3648A, then to the end of the #3648A road. A gate key will be necessary to access the gate on Road #3648 (see project map for location).

Treatment Area 3 (Boundary Post and Pole) is located approximately 7 miles southwest of the town of Fortine, Montana. From Highway 93, take Meadow Cr. Road #865 through Fortine 12 miles to the junction of Road #3642 (see project map for location). This treatment area includes steep terrain often over 35%.

Item 2 Treatment Area 1 (Virginia Hill) is located approximately 9 miles southwest of the town of Eureka, Montana. From Highway 37 take the Lower Pinkham Road #7265, 3.4 miles to the Pinkham Road #856, 9 miles to the Tepee Lake Road #7147 (see project map for location).

(d) Boundaries. The boundaries are marked with 3 vertical stripes of orange paint with Cutting Unit Posters at the corners. Boundary trees are not considered included timber.

(e) 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:

Excavator Piling:

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

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

(3) 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.

(4) Dozer use will be limited to landings. Dozer use will not be permitted for piling or skidding.

C-3 - DEFINITIONS

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.

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

Slash – Limbs and trunks of downed trees that do not meet utilization standards as specified in Section H.

Removal – Complete removal of material (saw/non-sawtimber) from National Forest lands under a Forest Service Timber Sale Contract (refer to Section H).

Diameter Breast Height (DBH) – The diameter of a tree measured at a point 4.5 feet above the ground on the uphill side of the tree.

Thinning – The cutting of trees in excess of those to be left for future stand needs. Cut trees have been designated under Section H.

Entire Tree Yard – Removal of the entire portion of the tree including trunk tops and limbs.

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

Submerchantable – Standing trees less than 7” DBH that do not meet utilization standards of sawtimber or non-sawtimber specifications as described in section H.

C-4 - CONTRACTOR RESPONSIBILITIES

(1) Thinning

a. The contractor shall cut all Included Timber as per Utilization Standards and Cutting Designations in Section H. All logs meeting utilization shall be removed from National Forest lands.

b. PERFORMANCE STANDARD. Thinning – The contractor shall fell all designated trees (refer to Section H, H-1). In Item 1, individual trees to be CUT have been marked with blue paint with a horizontal band at DBH and a stump mark. In Item 2, LEAVE trees have been marked with orange paint with a horizontal band at DBF and a stump mark. The contractor shall also be required to cut all trees that are less than 9” diameter at a 6” stump height (this is approximately the same as cutting all trees less than 7 inch diameter at breast height, DBH) excluding hardwoods. The boundaries are designated by 3 vertical stripes of orange paint. Boundary trees are not designated for cutting. All skidding and excavator piling shall be conducted under dry soil conditions. Dry soil condition is determined to be at or below 18% soil moisture as determined by the contract inspector.

There may be portions of the contract area where there are no trees greater than 7 inches DBH available as leave trees. In these areas, healthy, smaller diameter trees shall be substituted. In this case, leave single, smaller trees on a spacing of 14’ X 14’. Species composition for these small leave trees in order of preference should be: 1) Ponderosa Pine; 2) Western Larch; 3) Douglas Fir; 4) Lodgepole Pine. These small diameter leave trees should have the largest diameters and best form (straightest stems) of those trees available. Live crown ratios - the percent of a tree's total height with green crown - should generally be 30% or greater. Small diameter leave trees should show no visible signs of insect, disease, or mechanical damage.

c. PERFORMANCE STANDARD. Slashing and Bucking – The contractor shall slash all submerchantable trees that are greater than 2 feet in height and less than 7 inch diameter at breast height, (DBH) excluding hardwoods . Slashed and down material shall be bucked into pieces no greater than 12 feet long to facilitate piling. Where possible, buck off wood greater than 6 feet in length with a small end of at least 4” to leave as down woody material.

d.

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

(2) Excavator Slash Piling a.

PERFORMANCE STANDARD. Piling – Accumulations of slash, both slash already on site and that slash created by the contractor shall be piled into piles that are compact and relatively free of dirt and decomposed duff. An accumulation of slash will be defined as slash concentrations over a one-tenth acre that could be piled to the minimum height of 5 feet and not more than 10 feet in width. The slash shall be gathered and piled, with slash aligned in the same direction as much as possible. Piles piled in teepee fashion are not acceptable. Piles shall be at least 10 feet from designated leave trees. Roads shall be kept clear of slash from the top of the cut slope to the toe of the fill. No piles shall encroach within 50 feet of the boundary line. On slopes exceeding 35%, excavators shall be confined to existing skid trails. Roads shall be cleared of slash from the top of the cut slope to the toe of the fill.

b. PERFORMANCE STANDARD. Unpiled Wood Material – The contractor shall pile 80 to 90% of fuels that are less than three (3) inches in diameter on the large end. The contractor shall leave 8-10 tons/acre coarse woody material that is at least four (4) inches in diameter on the small end evenly distributed throughout the units, when available.

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

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

(4) Protection of Existing Facilities, Developments, Other than Forest Ownership, and Resources - The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

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

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

Other than Forest Ownership - Contractor shall protect and shall not encroach adjacent properties shown as “other than National Forest Ownership” as shown on the treatment area map.

Protection of Resources - The Contractor shall protect all “Areas to Protect”, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. The Contractor shall immediately notify the Contracting Officer if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Contracting Officer authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law. Wheeled or track-laying equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless agreed otherwise, trees shall not be felled into such areas.

(5) Prevention and Control of Soil Erosion - The Contractor shall minimize soil erosion by constructing water bars, placement of slash or combination of the two as instructed by the contract inspector. Precautions shall include prevention of gullying of roads and skid trails within and adjacent to the piling units. All existing erosion bars and berms shall be re-established if altered. Additional Erosion Control Measures are included in Section H.

(6) 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 Government will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. “Off-road equipment” does not include personal vehicles or support equipment that remains on the main travel route.

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

(7) Soil Protection - Contractor shall reuse existing skidtrails where they already exist. All additional skid trail locations will be by agreement. Generally, main trails will be spaced 75’ – 100’ except where they converge.

(8) Road Closures - Contractor shall close gates on Road #3648 and/or #3648A behind each vehicle.

C-6 - 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 negligent or wrongful act(s) of Government employees while acting within the scope of their employment.

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

SECTION E – INSPECTION AND ACCEPTANCE

E-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/these address(es): www.arnet.gov/far/ 52.246-1 Contractor Inspection Requirements (APR 1984)

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

E-2 – ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

(a) 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

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

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

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.

(b) 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.

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/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 - PERIOD OF PERFORMANCE

(a) Contract Time and Required Rate of Progress

Item No.

Estimated Start Work Date

Completion Date** 1 – Treatment Area 1 September 1, 2009(NTP)*

October 1, 2010 1 – Treatment Area 2 October 1, 2009 (NTP)*

October 1, 2010 1 – Treatment Area 3 October 15, 2009 (NTP)*

October 1, 2010 2 - Treatment Area 1 September 1, 2009 (NTP)*

October 1, 2010 NOTE: Item #1 – All thinning and slashing shall be completed by August 1, 2010; Item 2 – All thinning and slashing shall be completed by October 1, 2010.

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

**unless weather conditions are not conducive to machine piling and/or removal of included timber.

The Contractor shall maintain progress at a rate, which will assure completion of all work by the completion date.

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 – POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at the Murphy Lake Ranger Station.

G-2 - MEASUREMENT AND PAYMENT

(a) Measurement. The acreage of each unit was made using Global Positioning System measurements. Noxious Weeds Control requirements are incidental to machine 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 - UTILIZATION AND REMOVAL OF INCLUDED PRODUCTS

Included Timber –The Forest Service agrees to sell and the Contractor agrees to purchase, cut and remove all Included Timber as located and described in Table 1 (page 22), of this service contract, including all pieces that meet minimum piece specifications, and as shown on the Project Area map. Designation(s) for cutting is(are) shown and described as follows:

SPECIES DESIGNATION. (2/02) Within the following cutting units shown below, listed species are designated for cutting when they meet (a) utilization standards and (b) are smaller than the stump diameter listed below:

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

1 / In addition to those species listed above, trees marked with blue paint are also designated for cutting. Trees marked with a black X have been undesignated and are not to be cut.

2 / In addition to those species listed above, trees that are not marked with orange paint are also designated for cutting. Trees marked with a black X have been undesignated and are not to be cut.

The boundaries are designated by three vertical stripes of orange paint. Trees used for boundary designation are not be be cut.

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

Title to all timber included in this contract shall remain with the United States until its estimated quantities have been determined by the Contracting Officer or designee and, paid for and removed from the Project Area by the Contractor. The Contractor shall not cut any timber until the quantities have been estimated by the Contracting Officer or designee, and paid for by the Contractor.

Utilization and Removal of Salvageable Material. Any salvageable material shall be purchased from the Government under the terms stated under Utilization Standards.

Utilization Standard. Utilization Standards for trees and minimum pieces are shown in Table 1 below and described as included timber. Technical proposals shall describe the type of ground based logging systems and equipment that will be used to cut and remove this material. All utilizable material (products) to be removed will be purchased from the Government and paid for at lump sum value and a Bill for Collection will be issued. Payment must be received prior to cutting and removing any material.

TABLE 1

UTILIZATION STANDARDS

Minimum Specifications

(Inches) No. of Min. Pieces Per tree Length (Feet) D.I.B. at small end (Inches) Net Volume in % of Gross Volume Maximum Stump Height

(Inches)

Sawtimber is the boles of trees meeting Sawtimber Product specifications as listed in Utilization Standards of Contract, Table 1.

Non-sawtimber is the boles of trees meeting Non-sawtimber Product specifications as listed in Utilization Standards of Contract, but that do not meet the minimum piece specifications for Sawtimber Products. Non-sawtimber removal is required in all Items.

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

The stumpage charges for utilized material is set at $1.00 per ccf for nonsawlog and $3.00 per ccf for sawlogs (refer to Section J-2, Included Timber).

Wood Receipts. Contractor shall:

(a) Require truck drivers to sign form R5-2400-242, Wood Receipt that states the driver’s responsibility when hauling Included Timber.

(b) Assign a competent individual at the landing to record the following information for each load of logs on the Wood Receipt provided by Forest Service:

(1) Date and time load is physically punched out with a paper punch or equivalent

(2) Truck ID or license number

(3) Load destination

Used books of Woods Receipts (stub portion) shall be returned to Forest Service after entire ticket book is used.

(c) Require truck drivers to stop at agreed upon locations for accountability checks, if requested by the Forest Service, when products are in transit from Sale Area to contractor’s processing facility(s).

(d) Inform truck drivers of the designated route(s) of haul, the method of alerting drivers of an impending stop, and the fact that loads may be inspected at other locations where it is safe and possible to do so.

(e) Insure that the Woods Receipt attached to each log truck or chip van shall remain attached to its original log until manufactured into products, and then shall be either destroyed or otherwise rendered unusable, unless otherwise agreed.

Product Identification. Before removal from the project area, unless the Contracting Officer determines that circumstances warrant a written waiver or adjustment, (a) all products 8 feet or more in length and one-fourth or more sound shall be hammer branded on each end that is 7 inches or more in diameter and (b) all domestic processing products 8 feet or more in length and one-fourth or more sound shall be painted with a spot of highway-yellow paint on each end that is 7 inches or more in diameter. Each paint spot must be not less than 3 square inches in size.

Use of Timber. This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620, et seq.).

Except for 1/ determined pursuant to public hearing to be surplus, unprocessed Included Timber shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by the Contractor or any person as defined in the Act (16 U.S.C. 620e).

Timber in the following form will be considered unprocessed: (a) trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use; (b) lumber, construction timbers or cants intended for remanufacturing not meeting standards defined in the Act

(16 U.S.C. 620e); and (c) Aspen or other pulpwood bolts exceeding 100 inches in length.

Unless the Contracting Officer and the Contractor otherwise agree in writing, unprocessed Included Timber shall be delivered to a domestic processing facility and shall not be mixed with logs intended for export.

Prior to award, during the life of this contract, and for a period of 3 years from Termination Date, the Contractor shall furnish to the Contracting Officer, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by the Contractor or the Contractor’s affiliates.

Prior to delivering unprocessed Included Timber to another party, the Contractor shall require each buyer, exchange, or recipient to execute an acceptable agreement, which shall: (a) identify the Federal origin of the timber, (b) specify domestic processing for the timber involved, (c) require the execution of such agreements between the parties to any subsequent transactions involving said timber, (d) require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable, and (e) otherwise comply with the requirements of the Act (16 U.S.C. 620d).

No later than 10 days following the execution of any such agreement between the Contractor and another party, the Contractor shall furnish to the Contracting Officer a copy of each such agreement. The Contractor shall retain, for 3 years from the Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber.

The Contracting Officer may terminate this contract for the Contractor’s non-compliance under this provision and take such other action as may be provided by statute or regulation, including the imposition of penalties. When the Contracting Officer terminates this contract under this provision the Forest Service will not be liable for any claim submitted by the Contractor relating to the termination.

H-2 - LOGGING AND MAINTENANCE OPERATIONS SIGNING STANDARDS

All signs shall be manufactured & installed as…