CONTRACT.doc

AG-0489-S-09-0023

Prairie City Ranger District Thin and Treat Page - 1 - of 39

PRAIRIE CITY RANGER DISTRICT THIN AND TREAT

RECOVERY PROJECT

Table of Contents

DOCUMENT

Page

1. SF-1449 – COVER PAGE

1-4

2. TABLE OF CONTENTS

3. SCHEDULE OF ITEMS

6-10

4. STATEMENT OF WORK

11-22

5. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS

23-26

– COMMERCIAL ITEMS

6. ADDEDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES

27-34

AND ARRA CLAUSES

7. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS

35-39

TO IMPLEMENT STATUTES AND EXECUTIVE ORDERS

LIST OF ATTACHMENTS (Provided as a separate electronic document):

8. CONTRACT ATTACHMENTS

(FIVE SEPARATE COMPLETE PACKAGES, ONE FOR EACH PROJECT – MULTIPLE AWARD)

INSTRUCTIONS – (Provided as part of Electronic Bid Packet)

9. FAR 52.212-1 – INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS

10. ADDEDUM TO FAR 52.212-1 FORMS/ INSTRUCTIONS

11. FAR 52.212-2 – EVALUATION OF OFFERORS

12. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –COMMERCIAL ITEMS

13. FAR 52.212-5 FACSIMILE OFFERS

PRAIRIE CITY RANGER DISTRICT

THIN AND TREAT

SCHEDULE OF ITEMS—PROJECT #1

Merit units 11, 12, 14, 15, 17, 18, 19, and 25 and

Starvation units 1 and 2

Merit units 11, 12, 14, 15, 17, 18, 19, and 25 and

Starvation units 1 and 2

Merit units 11, 12, 14, 15, 17, 19, and 25

TOTAL PRICE

Contractor Name

DATE

Address & Phone No.

Signature of Authorized Representative

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

PRAIRIE CITY RANGER DISTRICT

THIN AND TREAT

SCHEDULE OF ITEMS—PROJECT #2

Merit units 20, 21, 22, and 23 and

HSR #1

Merit units 20, 21, 22, and 23

TOTAL PRICE

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

PRAIRIE CITY RANGER DISTRICT

THIN AND TREAT

SCHEDULE OF ITEMS—PROJECT #3

Merit units 7, 8, 33, and 34 and

Monument unit 12

Merit units 7, 8, 33, and 34 and

Monument units 3 and 12

Merit units 33 and 34

TOTAL PRICE

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

PRAIRIE CITY RANGER DISTRICT

THIN AND TREAT

SCHEDULE OF ITEMS—PROJECT #4

North Fork units 5B, 6B, 25, 27B, 28, 29, and 29A and

Merit units 30 and 31

North Fork units 5B, 6B and

Merit units 30 and 31

TOTAL PRICE

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

PRAIRIE CITY RANGER DISTRICT

THIN AND TREAT

SCHEDULE OF ITEMS—PROJECT #5

Olmstead units 8, 70, 71, 74, and 76

Olmstead units 8, 70, 71, 74, and 76

TOTAL PRICE

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

STATEMENT OF WORK

1.

SCOPE OF CONTRACT

The purpose of this contract is to secure a complete set of services to accomplish multiple stand objectives. Treatments include 1) tree thinning for stocking control, 2) reducing fire hazard through reducing standing vegetation fuel ladders and excessive down woody fuels, 3) fuels reduction through hand piling, grapple piling or lop and scattering of existing or created slash, 4) and burn hand or grapple piles. This solicitation may result in multiple award contracts to one to five Contractors.

The Contractor shall furnish all labor, supervision , equipment, materials, transportation, supplies,(unless specified elsewhere as Government-furnished) and incidentals required to accomplish specified work, including Contractor quality control, in compliance with the terms, specifictions, and provisions of the contract.

2.

PROJECT LOCATION AND DESCRIPTION

The project work areas are located on lands administered by the Malheur National Forest, primarily on the Prairie City Ranger District. Vicinity maps showing project location and access, and other information regarding specific items are contained in the Detail Unit Information Sheet(s).

3.

ACCESSIBILITY

Most work areas may be reached by a standard two-wheel drive pickup during normal operating seasons. Some units; however, may require a four-wheel drive vehicle.

No vehicles shall be permitted to operate off system roads without approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the Government. If a road is not accessible, the Government may, under the Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or; (3) substitute similar unit(s) or (4) negotiate a cost adjustment for change in access.

Where roads are recently thawed, very wet or saturated due to runoff or unseasonable weather conditions, road conditions may dictate the need to delay use of some road segments in order to ensure no damage to the road, drainage structures or the adjacent environment.

The Contractor may request entry on cooperative road closures, (green dot), or other road closures through the appropriate Ranger District office. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger. No vehicle access is permissible prior to receiving written permission.

4.

BOUNDARIES

Boundaries are marked with orange plastic flagging and orange boundary signs. Leave areas within units are designated with plastic flagging and/or signs as indicated on the Detail Unit Information Sheet(s).

5.

CONTRACTOR SLASH REMOVAL

The Government may approve removal rights for slash to be treated, on a unit-by-unit basis. Approval is strictly at the Government’s discretion and may include special requirements such as road maintenance.

If removal rights are granted, removal shall be concurrent with other operations and any special requirements shall be met. Removal operations shall not affect any other contract requirement, particularly cut tree selection.

When requesting removal rights, the Contractor shall provide written information on how removal operations shall be conducted. Any equipment used to remove the slash shall be less than 8 pounds per square inch ground pressure and capable of maneuvering within the stand without damaging leave trees.

6.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated inspector, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Contracting Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

7.

DEFINITIONS

(A) Average Spacing – The distance in feet between leave trees as defined in the Detail Unit Information Sheet.

(B) Bucking – The cutting of down trees or logs to a designated length.

(C) Burning Permit – A document that sets forth the conditions under which the Contractor may be allowed to burn.

(D) Co-dominant Trees – Trees with crowns forming the general level of the crown canopy and receiving full light from above, but comparatively little from the sides, usually with medium-sized crown more or less crowded on the sides

(E) Bole Spacing – Spacing measured between the boles of the trees. Detail Unit Information Sheet(s) list the acceptable bole spacing.

(F) Crown Spacing – Spacing measured between the outer edges of the tree crowns. Detail Unit Information Sheet(s) list the MINIMUM acceptable crown spacing.

(G) Cut Trees – Trees within the minimum-maximum cut range as defined in the Detail Unit Information Sheet(s) that are not selected as a leave tree.

(H) DBH (Diameter Breast Height) – Outside diameter of the tree stem at a point 4-1/2 feet above uphill side of the tree.

(I) Deficient Trees – Those trees cut which should have been left to maintain average spacing requirements as determined by inspection.

(J) Dominant Trees – Trees with crowns extending above the general level of the crown canopy and receiving full light from above and partially from the side. They are larger than the average trees in the stand and have dense crowns, which are comparatively wide and long.

(K) Elk Calving Season – Period of time from May 1 to June 30.

(L) Excess Trees – Any remaining tree that should have been cut as determined by inspection.

(M) Hang-up Trees – Any cut tree suspended more than 3 feet off the ground.

(N) Healthy Tree – A healthy tree is one that is undamaged due to defects or deformity resulting from agents such as wind, snow, animals, insects, diseases, or equipment.

(O) Genetic Tree – Phenotypically selected trees, which shall be protected from damage or destruction.

(P) Leave Tree – Those trees left uncut to meet the average spacing requirements and trees over the maximum cut size specified in the Detail Unit Information Sheet(s).

(Q) Limbing – The cutting of branches from the bole of a log or cut tree.

(R) Lopping and Scattering – The removal of branches, bucking, and the moving and rearranging of slash over a large area.

(S) Noxious Weeds – Any exotic plant species established or that may be introduced in the State which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the appropriate County Weed Board or by other appropriate agencies having jurisdiction.

(T) Riparian Zone – The zone that extends from the normal stream bank to the toe or break of the slope. The zone can be further identified by the presence of vegetation that requires free or unbound water to conditions that are more moist than normal in many stream valleys.

(U) Slash – The term “slash” means all vegetative material, including cull logs, tops, damaged or destroyed reproduction, saplings, or poles which were created or disturbed by any type of vegetative cutting, clearing construction, or cultural treatment. Any portions of trees or snags that were previously felled are considered to be part of the slash; also woody material on the ground killed by insects, disease, or natural causes.

NOTE: Cull logs approximately 12 inches or greater in diameter at the small end and approximately 8 feet or longer in length, shall not be treated as slash. It is intended that this size material be left untreated to meet wildlife objectives.

(V) Stem Spacing – Average spacing measured between the stems of the leave tree.

(W) Stocking Level Control – The cutting of trees in excess of those to be left for future management.

(X) Stream – Shall include year long and intermittent streams that ordinarily go dry at one or more times during the year.

(Y) Thinning Slash – The term “thinning slash” means all vegetative material including stems, limbs, branches, damaged brush, damaged or destroyed reproduction, saplings, or poles, which were created or disturbed by the Contractors thinning.

(Z) Wildlife Trees – Wildlife trees are marked with an orange band or orange ‘W’ and/or may be tagged with a wildlife tree tag.

(AA)

Wildlife Log – A log with minimum measurements of 12 inches diameter and 8 feet long.

(BB)

Wildfire – Any unplanned fire, usually requiring suppression action, or a free burning fire unaffected by control measures.

8.

THINNING PERFORMANCE STANDARDS

The desired outcome is to attain the tree spacing for each unit specified in the Detail Unit Information Sheet(s) at a 95 percent or higher quality. The level will be based on sampling of cut and leave tree selection. Spacing of leave trees may be varied up to 50 percent to leave the most desirable tree as long as the average post-thinning trees per acre given on the Detail Unit Information Sheet(s) is maintained.

1. Leave Tree Standards

a) Leave trees shall generally be those of tallest height, largest crown, straightest stems and largest boles that are free of damage due to insects, disease, physical, or mechanical causes.

b) Species – Unless otherwise specified, give leave tree preference in the following order:

(1) Western White Pine

(2) Western Larch

(3) Ponderosa Pine

(4) Douglas-Fir

(5) Engleman Spruce

(6) Lodgepole Pine

(7) Grand Fir/Sub-Alpine Fir

(8) Juniper

c) Leave Trees shall be selected by the Contractor as per the Detail Unit Information Sheet(s), and supplemental information provided from the District on such things as cull trees and disease tree prioritization; however, the Government may mark individual leave trees or groups of leave trees prior to thinning.

d) All trees regardless of diameter shall be considered in spacing.

e) Contractor shall leave all shrubs, broad-leafed trees, wildlife trees, and genetic trees.

f) Contractor shall leave all dead trees of any size or species, unless otherwise specified in the Detail Unit Information Sheet(s).

g) Contractor shall leave all trees within 100 feet of springs, bogs, seeps, or elk wallows unless otherwise specified in the Detail Unit Information Sheet(s).

h) Contractor shall leave all trees exhibiting visible wildlife nesting use. Hawks, eagles, owls, woodpeckers, and squirrels are the primary concern.

2. Cut Tree Standards

Trees between two feet in height to 7” DBH (diameter at 4.5’ above the ground) which do not meet the specifications for leave trees; and cull trees.

Cull trees are defined as follows:

(a) Any conifer up to 10 inches DBH having visible conks.

(b) Western Juniper more than 2 feet in height and up to 10 inches DBH.

(c) Diseased trees: Western Gall Rust-Branch Cankers. Trees up to 10 inches DBH with one or more visible branch galls. Western Gall Rust-Bole Cankers. Trees up to 10 inches DBH with one or more visible bole infections.

(d) Mistltoe infected trees up to 10 inches DBH with a Mistltoe rating greater than 3 for Ponderosa Pine or mistltoe rating greater than 2 for Douglas-fir, Western Larch or Lodgepole. (see exhibit A)

(e) White Fir up to 10 inches DBH that have basal scars or visible rot.

(f) Forked or defective top: Any tree that forks within 9 feet of the ground suface up to 10 inches DBH shall be cut. Any White Fir up to 10 inches DBH with a broken out top anywhere on the bole shall be cut.

(g) Trees with Crook, Sweep, or Snowbend: Trees up to 10 inches DBH with crooks or bends in the main bole which are less than 13 feet from the ground and offset more than 6 inches from the longitudinal axis shall be cut.

3. Felling Standards

a) Felling shall be done primarily by manual methods (chainsaw) unless otherwise approved by the Contracting Officer.

b) Cut trees shall be felled away from boundaries, roads, road cut banks, telephone lines, established trails, stock driveways, fence lines, fire lines, mining ditch lines, abandoned historic railroad beds, established land corners, troughs, and other improvements. The Contractor shall pull back any trees falling on such areas.

c) Trees shall be completely severed from the stump.

d) Stump height shall not exceed 6 inches above ground level or 6 inches above natural obstacles.

e) No thinning slash shall be left outside the contract boundary, unless otherwise approved by the Contracting Officer.

f) Contractor shall remove and scatter (pull back) all thinning slash from, but not limited to the following items: stream courses, historic mining ditch lines, roads and fences, stock ponds, stock troughs, stock driveways and trails to keep them usable and passable at all times. All required slash pull back shall be kept current with operations.

g) All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree.

h) Bucking or bucking with limbing when required shall be concurrent with the felling operation. Trees 16 feet and longer shall be bucked in half or as many times as needed so that pieces are not longer than 16 feet.

i) The Ips Beetle timing restriction may be waived on selected units, providing that the Contractor ensures that created slash shall be treated to required fuel standards within a 30 day window of initial thinning activity.

9.

SLASH TREATMENT PERFORMANCE STANDARDS

Hand Piling

Units shall be piled so that residual fuel loading (after pile(s) are burned) is a maximum of 7 tons per acre in material 1 to 9 inches in diameter. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees. All piles shall have Kraft paper or polyethylene (4 mil. or less) placed and covered with slash to hold in place in the top third of pile.

Restrictions

a) Piles shall not be placed on large or tall stumps, down logs greater than 12 inches small-end diameter, or large rocks.

b) The vapor barrier material shall be either kraft paper or polyethylene (4 mil. or less).

c) Piles shall not to be constructed in roads, ditches, meadows, grass “scablands”, or channel bottoms.

d) Large live shrubs or broad-leafed trees shall not be cut to facilitate pile location.

e) Piles shall not be constructed under the drip line of any leave tree.

f) Piles shall not be placed within 10 feet of any live aspen.

Grapple Piling

Units shall be piled so that residual fuel loading (after piles are burned) is a maximum of 7 tons per acre in material 1 to 9 inches in diameter. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees. Machine operations shall be conducted in such a manner as to minimize additional soil disturbance or compaction.

Restrictions

a) Equipment shall not operate on slopes greater than 35%.

b) Equipment shall not exceed 8.5 pounds per square inch ground pressure and be capable of maneuvering within the stand without damaging leave trees.

c) Equipment shall not operate on wet or very rocky ground.

d) Equipment shall operate on existing skid trails to the extent practicable.

e) Equipment shall not cross or operate in meadows, stream channels, riparian habitat conservation areas (RHCA’s), or other non-work areas.

f) Equipment shall not operate on road surfaces, cutbanks, or fill slopes.

g) Piles shall not be constructed in roads, ditches, meadows, grass “scablands” or channel bottoms.

h) Piles shall not be placed on large or tall stumps, down logs greater than 12 inches smal-end diameter, or large rocks.

i) Refueling, maintenance, and repairs shall be done at landings.

Lop and Scatter

Slash shall be lopped and scattered so that slash depth is no greater than 18 inches and all slash is suffeciently pulled back from leave trees to minimize damage during future burning. Slash less than 3 inches in diameter shall be cut to lengths no greater than 6 feet and shall be scattered to break up concentrations. Some slash over 3 inches in diameter may need to be cut to meet the 18 inch slash depth.

Burning of Hand and Grapple Piles

Piles shall be burned following the weather and fuels perameters outlined in the “Pile Burn Plan” prepared by the Government.

Restrictions

a) Burning shall be accomplished in such a manner that piles are at least 90% consumed, fire remains within the pile perimeter, and leave trees are not damaged.

b) Burning operations are resticted to conditions acceptable to the Government. The Government will provide written approval, (issue a burning permit) for burning operations when conditions are suitable.

c) The Contractor shall notify the Government of burning operations 24 hours prior to commencement of burning operations.

10.

ACCEPTABLE QUALITY LEVELS (AQLS)

Contractor Quality Control

The successful Contractor shall provide a Quality Control Plan satisfactory to the Government describing how the Contractor will monitor and document work quality for both the thinning (including any possible removal of thinning slash from the site) and the slash treatment phases of the operation.

The Contractor shall provide copies of inspection documents and written certification that:

a) Each unit was satisfactorily completed.

b) Thinning or slash treatment was completed in accordance with the contract standards.

c) Inspection results accurately reflect the work accomplished.

Government Quality Assurance Plan For Thinning

The Government will inspect thinning to determine compliance with performance standards. Inspections may include observations of operations, quality control procedures, and examination of individual cut and leave trees on sample inspection plots. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units. The Contractor is encouraged, but not required, to observe verification inspections and will receive inspection summaries upon request.

Unsatisfactory Work If Government full sample inspections (see below) determine that a thinning or a thinning and bucking unit has a quality percentage below 95 percent and includes excess tree deficiencies or pieces to be bucked exceed 16 feet in length, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection, but on different plot lines. The Contractor shall pay for all Government re-inspection costs.

The Contracting Officer or Contracting Officer’s Representative will immediately notify the Contractor in writing and order improvement in the quality of work if the percentage of satisfactory quality of thinning and diseased/damaged tree removal falls below 95 percent.

Government Plot Inspection Procedures

a) A series of circular plots distributed over the entire unit will be installed sufficient to yield an adequate sample of each unit. The minimum number of plots to install will be one plot per 5 acres with at least five plots per unit.

b) Plot size will be determined by the tree spacing requirements as shown in the Detail Thinning Unit Information Sheet(s). If spacing is less than 15 feet, plot size shall be 1/50th of an acre. If spacing is 15 feet or greater, plot size shall be 1/20th of an acre.

c) Flagged markers will be used to locate the plot centers and identify them by consecutive number. Flags will also indicate the date of inspection and Inspectors initials.

d) Inspection within each plot will be completed as follows:

1. Determine from Table 1 the average spacing requirements and plot radius;

TABLE 1

Avg. Spacing Trees/Acre Avg.Trees/Plot Plot Size Plot Radius (ft)

11 X 11 360 7 1/50 16.7

12 X 12 320 6 1/50 16.7

13 X 13 258 5 1/50 16.7

14 X 14 222 4 1/50 16.7

15 X 15 194 10 1/20 26.3

16 X 16 170 9 1/20 26.3

17 X 17 151 8 1/20 26.3

18 X 18 134 7 1/20 26.3

19 X 19 121 6 1/20 26.3

20 X 20 109 6 1/20 26.3

21 X 21 99 5 1/20 26.3

22 X 22 90 5 1/20 26.3

23 X 23 82 8 1/10 37.2

24 X 24 76 7 1/10 37.2

25 X 25 70 7 1/10 37.2

26 X 26 64 6 1/10 37.2

27 X 27 60 6 1/10 37.2

28 X 28 56 6 1/10 37.2

29 X 29 52 5 1/10 37.2

30 X 30 48 5 1/10 37.2

35 X 35 36 4 1/10 37.2

2.

Each plot will be examined to record findings on the items listed below:

i. No. of Trees to be left – number of trees that should have been left.

ii. No. of trees left – Number of trees that were left.

iii. No. of trees deficient – number of missing leave trees.

iv. No. of excess trees – number of uncut trees that should have been cut.

e) Upon inspection of all plots for a unit the quality of thinning will be calculated as follows:

1.0 - (No. of deficient trees + No. of excess trees) X 100 = Quality %

(No. of trees that should have been left)

11.

GOVERNMENT QUALITY ASSURANCE PLAN FOR HAND PILING AND MACHINE GRAPPLE PILING

The Government may make periodic inspections while work is in progress. After completion of a unit, the Government may also inspect to determine compliance with contract standards for 1) residual fuel loadings and 2) pile characteristics.

Residual fuel loading

The remaining non-piled slash will be inspected to determine compliance with performance standards. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units.

If Government inspections determine that a unit has a quality percentage below 95 percent, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but in different areas. The Contractor shall pay for all Government re-inspection costs.

Hand Pile Characteristics

A sampling of piles will be individually inspected for the following:

•Ease of Ignition – Is there an adequate core of smaller material with moisture protection?

•Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Is the pile compact? Does the pile contain a minimal quantity of soil? Is there material protruding from the pile?

•Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope? Is there other combustible material within ignition range of the pile?

•Location and pile size – Does pile size and location provide sufficient spacing from residual trees of 1.5 feet in height or taller or dead trees greater than 12 inches dbh to prevent damage from burning?

Grapple Pile Characteristics

A sampling of piles will be individually inspected for the following:

•Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Is the pile compact? Does the pile contain a minimal quantity of soil? Is there material protruding from the pile?

•Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope? Is there other combustible material within ignition range of the pile?

•Location and pile size – Does pile size and location provide sufficient spacing from residual trees of 1.5 feet in height or taller or dead trees greater than 12 inches dbh to prevent damage from burning?

12.

GOVERNMENT QUALITY ASSURANCE PLAN FOR LOP AND SCATTER AND BURNING

The Government may make periodic inspections while work is in progress. After completion of a unit, the Government may also inspect to determine compliance with contract standards for 1) slash cleared from around leave trees; 2) slash depth; 3) consumption of piles (greater than 90%); and 4) minimal mortality in leave trees.

13.

MEASUREMENT AND PAYMENT

Acreage as shown in the Detail Unit Information Sheet(s) has been determined using a GPS (Global Positioning System). Note: Acreage listed in the detail information sheets are Net Contract Acres and in some instances may exclude non-work areas left within the units for wildlife habitat. All non-work areas are delineated by plastic flagging, boundary tags, and position disclosed in the detailed information maps provided.

Payment for Thinning

The pay rate will be calculated by multiplying the inspection percentage for each unit times the contract unit price per acre.

EXAMPLE:

> 95% quality = 100% payment

< 95% quality = rework if possible, or actual percentage

Payment for Slash Treatment and Pile Burning Acceptance will be based on 100% visual inspection of units. If visual inspection finds that occasional work elements do not completely conform to performance standards, but non-conforming elements are not representative of the overall work quality, the work may be accepted. If non-conforming work is indicative of an overall quality of work, problem units shall be reworked at no additional cost to the Government.

All invoices shall be submitted to the Contracting Officer and the Contracting Officer’s Representative. Invoices shall comply with the standards in FAR 52.232-25, Prompt Payment.

14.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

15.

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

The name, address, and telephone number of the subcontractor.

B.

The date upon which the subcontract was entered into and its duration

C.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

16.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at the Malheur National Forest’s Supervisor’s Office located at 431 Patterson Bridge Road; John Day, OR 97845 unless otherwise changed by mutual agreement.

NOTE: Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post-award conference.

17.

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days. Estimated start date is June 1, 2010.

18.

CONTRACT RELEASE OF CLAIMS

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:___NONE____"

19.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide as many TSI Plot Inspection Cards as needed for the completion of the project.

20.

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

21.

SAFETY

Thinning and slash treatment is inherently dangerous. Hazards include, but are not limited to: chain saw injuries, long driving distances on low-maintenance level Forest Roads, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, chemical burns, gasoline fire potential, dehydration, insect stings, overhead/falling debris, and lightning.

1.

Chainsaw hazards result from improper cutting techniques and fatigue, inattention to proper safety procedures and bar-tip location, improperly held/positioned chainsaw, and poorly trained sawyers.

2.

Driving along forest roads during early and late hours, before or after sunlight will subject drivers and riders to low light angles, dusty conditions, icy and/or muddy roads; as well as encounters with log hauling trucks, road machinery, hunters not watching the roadway, campers and other forest users that may not be intently aware of other motorists who are sharing the roadway.

3.

Tripping hazards include all manner of forest vegetation and other debris including rocks. Tripping hazards should also be considered inclusive of slippery surfaces during periods of rain and snow.

4.

Hyperthermia and Hypothermia may occur at anytime regardless of the absence of extreme weather conditions.

5.

Fatigue will occur usually after the lunch period, towards the end of the working day.

6.

Muscle strains may occur due to improper lifting, bending, twisting, or turning.

7.

Chemical burns may occur during the transfer of oil or gas, or by the unexpected discharge of chemical fire extinguishers. Gasoline fires may occur at anytime, but are most likely during refueling hot chainsaws, or during the transfer of petroleum products.

8.

Dehydration may occur during either warm or cool periods, or whenever employees are performing arduous tasks while neglecting to ingest adequate fluids that contain electrolytes.

9.

Insect stings may occur at anytime while in the forest and may include bees, wasps, or other types of biting stinging insects.

10.

Overhead and/or falling debris may occur at anytime in the work area. It may include treetops breaking out during periods of windy conditions, snow stress, or because of decaying limbs/trunks. Also included are rolling rocks, logs, and other debris which might become dislodged on steep slopes.

11.

Lightning should be regarded as a serious threat whenever active cumulo-nimbus (thunderhead clouds) are forecasted for the area, especially while working near or under tall trees.

Contractor shall provide a written job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at or before the post award conference for discussion.

22.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

23.

PERSONAL PROTECTIVE EQUIPMENT

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

2. 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.

3. Defective or damaged personal protective equipment shall not be used.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

24.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

The campsite shall have a clean appearance at all times.

Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

Damaging or removing any natural feature or other property of the Forest Service is prohibited.

Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

Gauze pads (at least 4x4 inches)

Two large gauze pads (at least 8x10 inches)

Box adhesive bandages (band-aids)

One package of gauze roller bandage at least 2 inches wide

Two triangular bandages

Scissors

At least one blanket

Tweezers

Adhesive tape

Latex gloves

Resuscitation device such as resuscitation bag, airway, or pocket mask

Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

The contractor shall comply with the following fire regulations during fire season:

A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

The Forest Service reserves the right to terminate a camping permit at any time.

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.