SULPHUR-CONTRACT-SOW.doc

ADDENDA SHEET

SULPHUR RAGGED THIN/HANDPILE

SOLICITATION NO.

AG-0489-S-09-0025

PAGE

OF

Offeror to complete blocks 12, 17, 23, 24, & 30

AG-0489-S-09-0025

LOCAL TIME 4:30 PM

INFORMATION CALL

4:00 PM PST

10. THIS ACQUISITION IS

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UNRESTRICTED

SET-ASIDE. 100% FOR

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SEE SCHEDULE

EROC – NW CONTRACTING OFFICE

16400 CHAMPION WAY

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SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

8(A)

UNDER DPAS (15 CFR 700)

SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

Malheur National Forest

431 Patterson Bridge Rd

P.O. Box 909

John Day, OR 97845

DELIVER BIDS HERE ALSO

USDA FOREST SERVICE

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

17a. CONTRACTOR/OFFEROR

FACILITY CODE

TIN: ______________________________

DUNS #____________________________

USDA FOREST SERVICE

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

TELEPHONE:

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SEPARATE BID SCHEDULES ATTACHED IN BID PACKET

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

SEE ATTACHED

4 BID PACKETS – MULTIPLE AWARD CONTRACT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 4/2002) BACK

SULPHUR RAGGED

THINNING AND

HAND PILING

RECOVERY PROJECT

Table of Contents

DOCUMENT

Page

1. SCHEDULE OF ITEMS

2. STATEMENT OF WORK

3. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS

– COMMERCIAL ITEMS

4. ADDEDUM TO 52.212-4 SPECIAL CONTRACT CLAUSES

AND ARRA CLAUSES

5. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS

TO IMPLEMENT STATUTES AND EXECUTIVE ORDERS

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

6. CONTRACT ATTACHMENTS

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

INSTRUCTIONS – (Provided as part of Electronic Bid Packet)

7. FAR 52.212-1 – INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS

8. ADDEDUM TO FAR 52.212-1 FORMS/ INSTRUCTIONS

9. FAR 52.212-2 – EVALUATION OF OFFERORS

10. FAR 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS –COMMERCIAL ITEMS

SCHEDULE OF ITEMS

PROJECT # 1

SULPHUR RAGGED THINNING & HANDPILE

TOTAL

CONTRACTOR NAME

ADDRESS & PHONE NO.

SIGNATURE OF AUTHORIZED REPRESENTATIVE

SCHEDULE OF ITEMS

PROJECT # 2

SULPHUR RAGGED THINNING & HANDPILE

ADDRESS & PHONE NO.

SIGNATURE OF AUTHORIZED REPRESENTATIVE

SCHEDULE OF ITEMS

PROJECT # 3

SULPHUR RAGGED THINNING & HANDPILE

ADDRESS & PHONE NO.

SIGNATURE OF AUTHORIZED REPRESENTATIVE

SCHEDULE OF ITEMS

PROJECT # 4

SULPHUR RAGGED THINNING & HANDPILE

PROJECT #4 CONTINUED

ADDRESS & PHONE NO.

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DESCRIPTION OF SUPPLIES/SERVICES

1. STATEMENT OF WORK

General Scope of Contract

This contract is for plantation thinning, pullback, and piling work to be performed within the boundaries of the Malheur National Forest. This contract may result in multiple-award contracts to one to four contractors.

Typical Activities

The work is general in nature and associated with, but not limited to, plantation thinning, pullback, piling, and other activities that coincide with this type of work

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

2. PROJECT LOCATION

The project work area(s) are located on the Malheur National Forest. Attached maps show project location and access, and other information regarding specific items is provided in the attached DUIS.

Accessibility

Most work areas may be reached by standard two-wheel drive pickup during normal operating seasons. Some units however may require a four-wheel drive pickup. Some units will require walking in to due to closed roads.

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 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(s) may prepare applications for entry on cooperative road closures, (green dot), or other road closures that are available through the appropriate Ranger District office, prior to entry to closed roads. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger.

Boundaries

Boundaries are marked with orange and/or fluorescent green plastic flagging and white and/or orange boundary signs. Leave areas within units are not designated, and will be left to the discretion of the contractor.

Elements for NEPA Requirements

Specific units to which the elements described below apply are identified in the detailed unit information sheets.

1. Management activities including thinning and fuel treatment will be restricted from December 1st to April 1st within big game winter range to limit disturbance to wintering deer and elk. Waivers and adjustments to seasonal restrictions are permitted if recommended by the District wildlife biologist and approved by the Contracting Officer.

2. Management activities including thinning and fuel treatment will be restricted from April 1st to September 30th within 0.5 miles of goshawk and raptor nests to limit disturbance to nesting raptors. Waivers and adjustments to seasonal restrictions are permitted if recommended by the District wildlife biologist and approved by the Contracting Officer.

3. To protect government and permittee investments, existing structural range improvements (fences, gates, spring developments, etc.) shall be protected. If structural improvements are damaged during project operations, Contractor shall repair to Forest Service standards prior to scheduled livestock use.

3.

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 Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest 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.

4.

DEFINITIONS:

(A) Average Spacing – The distance in feet between leave trees as defined in the Detailed 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 is measured between the boles of the trees. Detailed Unit Information sheet list the acceptable bole spacing.

(F) Crown Spacing – Spacing is measured between the outer edges of the tree crowns. Detailed Unit Information Sheet lists the MINIMUM acceptable crown spacing.

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

(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 is 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.

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

5.

PERFORMANCE STANDARDS:

Thinning Performance Standards

The desired outcome is to attain tree spacing for each unit between 18 ft. by 18 ft. and 20 ft. by 20 ft., measured bole to bole, 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 25 percent to leave the most desirable tree as long as the average post thinning trees per acre is maintained.

Leave Tree Standards

(A) Leave trees will generally be those of tallest height, largest crown, best crown ratios (>40%), straightest stems and largest boles that are free of damage due to insects, disease, physical, or mechanical causes.

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

i. Western White Pine

ii. Western Larch

iii. Ponderosa Pine

iv. Douglas Fir

v. Englemann spruce

vi. Lodgepole Pine

vii. White Fir

(B) Leave trees shall be selected by the Contractor. Select leave trees from the most vigorous, well-formed conifers of the most desirable species.

(C) Trees with mistletoe shall generally be discriminated against. If not possible to select trees without mistletoe infection, the most mistletoe-free dominant and co-dominant trees shall be selected for leave trees. Trees with infections in the lower third of the crown are considered healthier than those with equal infestations in the upper third. Dwarf-mistletoe-infected Douglas-fir shall not be selected for leave trees unless no other tree species is available. Douglas-fir without visible dwarf mistletoe infection will be assumed infected if they are within 15 to 30 feet of an infected taller Douglas-fir.

(D) Wildlife leave patches shall be selected by the contractor: however, the Government may mark individual leave trees or groups of leave trees prior to thinning. Leave 5% to 15% of each unit in unthinned clumps scattered throughout the unit that are 0.5 to 5 acres in size for wildlife hiding cover.

(E) All trees regardless of diameter shall be considered in spacing. Conifer trees greater than 9 inches dbh shall not be cut except cull trees. Cull trees will be defined as all grand fir trees up to 12 inches dbh, as well as Douglas-fir, ponderosa pine, and western larch trees up to 12 inches dbh that have less than 30% crown or are heavily infected with dwarf mistletoe. If trees greater than 9 inches dbh achieve the desired stocking/spacing, all others shall be cut.

(F) Contractor shall leave all shrubs, broad-leafed trees, wildlife trees, genetic trees, and trees to which a fence is attached.

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

(H) Contractor shall leave all trees within 100 feet of springs, bogs, seeps, wetted channels, or elk wallows unless otherwise specific in the Detail Unit Information Sheet(s). Contractor will be responsible for locating and buffering all springs, bogs, seeps, and elk wallows.

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

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 any trees falling on such areas back.

(C) Trees shall be completely severed from the stump and all live limbs below the cutting point shall be removed.

(D) Stump height shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

(E) All cut trees shall be moved so no part is within five (5) feet of any part of a live leave tree, or lopped to a depth of one foot or less. If piling is needed, piles shall be no closer than 5 feet from any part of a live tree.

(F) No thinning slash shall be left outside the contract boundary, unless otherwise approved by the CO.

(G) Contractor shall remove and scatter (pull back) all thinning slash from the following items, but not limited to; 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.

(H) 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.

(I) 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.

(J) 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.

Handpiling Performance Standards

The objective is that units are piled so that residual fuel loading (after piles are burned) is a maximum of 7 to 8 tons per acre of total slash 1 to 9 inches in diameter. Piles shall be constructed in such a manner as to easily ignite combust completely, contain fire within pile perimeter, and do minimal damage to residual trees.

(A) Plastic products (polyethylene or polyvinyl chloride) and/or Kraft paper shall be used in 3 ft. by 3 ft. sized pieces and placed in the upper 1/3 of the pile to maintain a dry core of kindling sized material.

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

(C) Piles shall not 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(s).

(E) To account for pile compaction, minimum pile size shall be 5 feet high and 6 feet wide.

6.

Contractor Quality Control For Thinning and Slash Treatments The successful Contractor(s) 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. This plan shall be provided to the Government at or before the post award conference.

Contractor inspection results and plot data shall be current. Plot locations shall be identified on a Government furnished unit work map, and the completed map delivered to the Contracting Officer together with the completed inspection reports (Government furnished plot cards, Form Number R6-2470-117a, see Exhibit C).

Written reports shall be turned into the COR within 24 hours upon completion of each unit and will remain a part of the permanent contract file.

The Contractor shall turn in legible Inspection Sheets. Illegible and incomplete sheets will be returned to the Contractor for correction and resubmitted to the Contracting Officer. The Contractor shall be held accountable for the delay of contract time. The Contractor’s right to proceed may be terminated for default if Thinning Inspection Sheets are not returned in a timely manner.

By submission of the Inspection Sheets and Plot Data to the Government, the Contractor is considered to be certifying that the unit is:

(A) Satisfactorily completed.

(B) Thinning was completed in accordance with the contract provisions stated elsewhere in the contract.

(C) Inspection Sheets reflect the work accomplished.

7.

Government Quality Assurance Plan For Thinning and slash treatments A quality level of 95% or higher based on sampling of cut and leave tree selection is acceptable for full payment 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. Pay items will be inspected separately and inspection results on one pay item will not be averaged with those of the other pay item. The Contractor is encouraged, but not required, to observe verification inspections and will receive inspection summaries upon request.

A quality level of 95% or higher based on residual fuel loading and pile characteristics is acceptable for fuel payment for slash treatments. The Government may make periodic inspections while work is in progress.

8.

INSPECTIONS

Unsatisfactory Work

If Government full sample inspections (see below) determine that thinning has a quality percentage below 95 percent and includes excess tree deficiencies; the Contractor shall rework the deficient units at no additional cost to the Government. 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 will immediately notify the Contractor in writing and order improvement in the quality of work if the percentage of satisfactory quality of thinning falls below 95 percent.

Government Plot Inspection Procedures

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

(1) Plot sizes will be determined by the tree spacing requirements as shown in the Detailed 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.

(2) 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.

(3) Inspection within each plot – each plot will be completed as follows:

(B) Determine from Table 1 the average spacing requirements and plot radius;

TABLE 1

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

(A) No. of Trees to be left – number of trees that should have been left.

(B) No. of trees left – Number of trees that were left.

(C) No. of trees deficient – number of missing leave trees.

(D) No. of excess trees – number of uncut trees that should have been cut.

(3) Upon inspection of all plots for unit total columns 2, 5, and 6, the quality of thinning shall be calculated as follows:

| No. of deficient trees + No. of excess trees |

1.0- | No. of trees that should have been left | X 100= Quality %

After completion of a unit, the Government may also inspect to determine compliance with contract standards for; A) residual fuel loadings, and B) pile characteristics.

(A) Residual fuel loading: The remaining non-piled slash will be compared to the photo on page 28 in “Photo Series for Quantifying Forest Residues in the: Ponderosa Pine Type, Ponderosa Pine and Associated Species Type, and Lodgepole Pine Type.” USDA Forest Service General Technical Report PNW-52 1976.

(B) Pile characteristics: A sampling of piles will be individually inspected for the following: consumability, containment, and location and pile size.

(C) 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?

(D) 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?

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

9.

Measurement and Payment Acreage as shown in the Detailed Unit Information Sheet has been determined using GIS (Global Information System). Note: Acreage listed in the detailed 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

Acceptance will be based on a 100% visual inspection of units. Payment will be made on a unit by unit basis and unit results will not be averaged with other units for payment. If visual inspection finds that occasional work elements are poor and are not representive of overall work quality, the work will be accepted on a unit by unit basis for 100% payment. If nonconforming work is indicative of an overall problem, plots will be installed to determine work quality as described elsewhere herein. When work quality is 95% or higher, payment will be made at the unit price. When work quality is 75%-94%, the pay rate will be calculated by multiplying the inspection percentage for each unit times the contract unit price per acre. No payment will be made for units with quality below 75%. Contractor may be allowed to re-work units.

EXAMPLE:

> 95% quality = 100% payment

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

If contractor requests a full inspection in response to the government initial inspection, the government conduct a full inspection. If the results of that inspection indicate a quality level within five points of the contractor’s inspection results, the pay quality will be that of the contractor. If the full inspection is more than 5% different than the contractor’s results, the government’s results will be used for payment.

Payment for Slash Treatments

Acceptance will be based on a 100% visual inspection of units. Payment will be made on a unit by unit basis and unit results will not be averaged with other units for payment. If visual inspection finds that occasional work elements are poor and are not representative of overall work quality, the work will be accepted on a unit by unit basis for 100% payment. If nonconforming work is indicative of an overall problem, contractor shall re-work areas that do not meet the specifications. Payment will be made at 100% once objectives have been met.

10.

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.

11.

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.

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: Blue Mountain Ranger District 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.

CONTRACT TIME

Work shall begin no later than _10__ calendar days after the effective date of the Notice to Proceed. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specifications during the period Dec 1, 2009 to May 1, 2009.

Estimated start work date and contract time is as follows:

In the event an offeror is awarded more than one item, contract time will run concurrently.

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____"

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.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements: The Contractor shall comply with the Fire Protection and Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989), which are attached hereto.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions

As Needed

PERSONAL PROTECTIVE EQUIPMENT

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

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged personal protective equipment shall not be used.

The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

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.

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The attachments listed below form a part of this Request for Quotations and any resultant contract:

Attch.

FAR/AGAR/FSAR/ARRA CLAUSES

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.