AG-0489-S-10-0413 Opine Beetle Risk 1

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 379907

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-0489-S-10-0413 DATE

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Brian Beckstrand Calls) 503-668-1648

LOCAL TIME

May 14, 2010 INFORMATION CALL: 1500 Pacific

9. ISSUED BY CODE 10. THIS ACQUISITON IS

EROC-NW

UNRESTRICTED OR SET ASIDE: % FOR

16400 Champion Way SMALL BUSINESS EMERGING SMALL

BUSINESS

Sandy, OR 97055

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $17.5 M OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Deschutes National Forest, Fort Rock Ranger District

16. ADMINISTERED BY CODE

Same as block 18

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS::12 1118::TAS RECOVERY

Opine #1 Thinning and Slash Treatment Deschutes National Forest Fort Rock Ranger District

This request is issued under the provisions of the American Recovery and Reinvestment Act of 2009

(Use Reverse and/or Attach Additional Sheets as Necessary)

See List of Payment Items

Payment

Payment

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 . 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

RECOVERY Opine Beetle Risk #1 (PCT) Solicitation Number AG-0489-S-10-0413

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

2a

2b

Tree Cutting and Lopping / Scattering of Activity-Created Slash

Tree Cutting and Bucking of Activity-Created and Existing Slash

Handpiling of Activity-Created and Existing Slash

Technical Contact:

Matt Patterson 541-383-4740

Continuation of SF1449 Block 27:

The full text of a clause or provision may be Accessed electronically at www.acquisition.gov/far.

ACRE

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

http://www.acquisition.gov/far

Vendor Name:

Mailing Address:

City, State, Zip:

Phone

Phone

Fax

E-Mail:

DUNS NUMBER:

TAX IDENTIFICATION

NUMBER (TIN):

MSAWPA Registration

Number

Oregon Farm / Forest

Labor Contractor License

ORCA [Online

Representations and

Certifications) current

YES_____________

NO______________

Staffing Plan: show the number of personnel you plan for accomplishing on-the-ground work

Cutting _______

Slash treatment __________

Productivity Plan: show the average number of acres per week accomplishment you plan

Cutting _________

Handpiling __________

Identify the crew foremen and relative past experience

Identify the Project

Manager and percentage of time committed to on-the-ground management for this project

REGISTRATION

Contractors must possess a valid Oregon Farm/Forest Labor Contractor‘s License via the Oregon Bureau of

Labor and Industries. Ref: http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml

Contractors must possess a valid registration under the Migrant and Seasonal Agricultural Workers Protection

Act. Ref: http://www.dol.gov/whd/forms/fts_wh530.htm

Contractors should register with the Central Contractor Registration System. Ref: http://www.ccr.gov

Contractors should submit annual representation and certifications via the Online Representation and

Certifications Application (ORCA) website. Ref: http://orca.bpn.gov

Contractors should register with VETS-100. Ref: http://www.vets100.cudenver.edu

Offer Submittal Documents

A list of offer submittal documents is provided under the Addendum to FAR 52.212-1 Instructions. To receive full consideration for award, all documents must be completed, including a complete Questionnaire. Offers must be submitted to the SF1449 Block 9 location.

http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml http://www.dol.gov/whd/forms/fts_wh530.htm http://www.ccr.gov/ http://orca.bpn.gov/ http://www.vets100.cudenver.edu/

TABLE OF CONTENTS

SF1449 – Solicitation for Commercial Items

Table of Contents

Contract Specifications, Plans, Exhibits, and Attachments

Contract Clauses

Addendum to FAR 52.212-4 Special Contract Clauses

Full Text Far Clauses o FAR 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements o Supplement to FAR 52.222-42 Statement of Equivalent Rates for Federal Hires o AGAR 452.219-70 Size Standard and NAICS Code Information o FSAR 4G52.222-701 Employment of Eligible Workers o FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal

Agricultural Workers o FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration o FSAR 4G52.222-704 Personal Protective Equipment o FSAR 4G52.222-705 Camping Provisions for Labor Intensive Contracts

List of Clauses Incorporated by Reference o FAR 52.215-5 Contract Terms and Conditions-Commercial Items

Solicitation Provisions

Addendum to FAR 52.212-1

Technical Proposal Submission Instructions

Proposal Submission Documents

FAR 52.212-2 Evaluation – Commercial Items

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

Addendum to FAR 52.212-3

Government Employees, Former USDA Employees, and USDA Relatives

Questionnaire

CONTRACT SPECIFICATIONS, PLANS, EXHIBITS AND ATTACHMENTS

Performance Period Requirements

Contract Administration

Detailed Specifications

Scope of Contract

Location and Description

Contractor Obligations

Control of Work

Technical Requirements

Fire Protection and Suppression Requirements

Inspection and Acceptance

Service Contract Act Wage Determination 1977-0079 Revision 39 – Oregon

Exhibit A – Thinning Inspection Report Form

Detailed Unit Data Sheets

Vicinity Maps 1-10 (Separate Attachment)

PERFORMANCE PERIOD REQUIREMENTS

The Contractor shall be required to (a) commence work under this contract within 3 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 November 30, 2011. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin May 10, 2010.

CONTRACT ADMINISTRATION

(a) CONTRACTING OFFICER‘S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer‘s Representative (COR) or, alternatively, as the

Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference.

The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term ―Contracting Officer‖ as used throughout the contract shall be interpreted to include the Contracting Officer‘s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR‘S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

CONTRACTING OFFICER’S REPRESENTITIVE:

Name: Matt Patterson Telephone Number: (541) 383-4740 / (541) 480-9282

Pre-Work Conference: Prior to the start of work the Contractor shall meet with the Government to discuss contract terms and work performance requirements. Discussion will include: the contractor‘s work Progress

Schedule, and Fire Prevention and Suppression Plans. The meeting shall be held prior to issuance of any

Notice to Proceed and within 10 days from contract award at a mutually agreed location. A contractor-designated representative or foreman (whomever the contractor will have on the site) shall be present at the meeting.

DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT:

The purpose of this solicitation is to secure services on the Bend-Fort Rock Ranger District for: (1) tree cutting

(thinning) and treatment of activity-created slash by lopping / scattering on 483 acres; and (2) tree cutting

(thinning) and treatment of activity-created and pre-existing slash by bucking / hand piling on 597 acres.

C.2 LOCATION AND DESCRIPTION:

(1) Project Location: Work areas are located on the Bend / Fort Rock Ranger District, Deschutes National

Forest. Vicinity and unit maps will show general and specific locations for treatment units ordered.

(2) Accessibility: Project areas may be reached by Forest roads that are accessible by standard pickup during the normal operating season. The Government assumes no obligation to plow snow or to perform special maintenance to keep roads open.

(3) Boundaries: The boundaries, other than for easily identified ground features shown on the contract map, are marked with the following:

(a) White paper tags stating the unit name and number, and pink / black striped flagging.

(b) There may be portions of other boundaries in the area. These may be marked with different flagging, aluminum tags, posters, or a combination thereof. These should be ignored and only boundaries marked as described above shall be used.

C.3 CONTRACTOR OBLIGATIONS:

The Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies and incidentals necessary to perform the described work according to the specifications.

C.4 CONTROL OF WORK:

(1) Project work may be done any time during the effective period of the contract, except for the following:

(a) When weather predictions indicate a hazardous fire condition warranting curtailing of operations as specified elsewhere in this contract.

(b) When snow depth creates a situation where requirements cannot be met and or work cannot be inspected, as determined by the COR.

(c) Seasonal operating restrictions for active raptor nests within ¼ mile of treatment areas are in effect from April 1 through August 31 for ospreys, goshawks, and red-tailed hawks, and January

1 through August 31 for eagles. There is a known goshawk nest in Unit 17 (Items 2a / 2b) which will affect the timing of work implemented for that unit. There are no other known active nests that would affect this task order. If more nests are discovered, operating restrictions would apply.

(d) The government reserves the right to prioritize the order in which units are treated.

(e) All required work shall be completed in one treatment unit prior to commencing work in a new treatment unit. Exceptions may be made with COR approval.

C.5 PROTECTION OF RESOURCES

(1) The Contractor shall be responsible for any damage caused by their personnel and/or equipment to existing structural improvements such as fences, property line monuments, bearing trees, road surfaces, road blocks, drainage structures, water developments, etc, as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition in a timely manner.

(2) In the event that any cultural or archaeological sites or any threatened or endangered plant species are discovered during operation of this contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Government.

(a) Contractor shall protect all known and identified historic or prehistoric sites against destruction, obliteration, removal, or damage during contract operations.

(b) Contractor shall bear costs of restoration, provided such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

C.6 PREVENTION OF DAMAGE TO LEAVE TREES AND RESERVE TREES

(1) The Contractor shall be required to exercise care during operations to protect leave and residual trees. Up to 3 damaged leave trees per acre, as determined by Government inspection, will be allowed without cost to the

Contractor, however, no such allowance shall be given for damage to reserve trees (see C.14 DEFINITIONS –

Reserve Trees).

(2) Damaged leave or reserve trees will be considered as:

(a) Trees that are girdled or scarred by the Contractor‘s operations, so that the bark is removed and cambium / sapwood is exposed on 1/4 or more of the circumference of the bole.

(b) Trees that have broken or cut tops or limbs due to the Contractor's operations.

(3) Leave trees meeting the above damage criteria may be cut and treated the same as all other material upon

COR's approval. Reserve trees shall not be cut if damaged.

(4) The Contractor shall be liable to the Government for costs and damages incurred as a result of damaged leave trees, resulting from the Contractor's operations. Damage will be assessed based upon the following values:

(a) Leave trees 12 inches tall to 1.9 inches DBH $5.00 per tree

(b) Leave trees 2 inches DBH to 5.9 inches DBH $10.00 per tree

(c) Leave trees 6 inches DBH to 9 inches DBH $20.00 per tree

(d) Trees 9.1 inches DBH and above $50.00 per tree

(e) Lodgepole pine wildlife tree or snag $100.00 per tree

(f) Ponderosa pine wildlife tree or snag $250.00 per tree

(g) All species of select trees $500.00 per tree

C.7 SELECTION OF LEAVE TREES

(1) Leave trees, as described further herein and on the Detailed Unit Information Sheets, shall be determined by the Contractor and shall be the best, crop-suitable trees available to meet average spacing requirements, provided the Government may designate (mark) individual leave trees where selection is complicated by size and cull characteristics.

(2) Residual overstory ponderosa pine SHALL be considered in average spacing.

(3) Residual overstory lodgepole pine SHALL NOT be considered in average spacing.

(4) Leave trees shall be selected based on the following characteristics, in the following order of priority: (see

C.14 DEFINITIONS – Tree Class / Crown Class).

1) The best formed dominant ponderosa pine free of damage, disease and defect.

2) The best formed codominant ponderosa pine free of damage, disease and defect.

3) The best formed intermediate ponderosa pine free of damage, disease and defect.

4) The best formed ponderosa pine with the least amount of damage and/or defect.

(5) In areas where there are insufficient ponderosa pines to achieve spacing requirements, and where lodgepole pines are present, the lodgepole shall be retained (or as otherwise specified in the Detailed Unit Information

Sheets). Where applicable, lodgepole pine shall be selected based on the following characteristics, in the following order of priority:

1) The best formed dominant lodgepole pine free of damage, disease and defect.

2) The best formed codominant lodgepole pine free of damage, disease and defect.

3) The best formed intermediate lodgepole pine free of damage, disease and defect.

4) The best formed lodgepole pine with the least amount of damage and/or defect.

(6) Trees marked with boundary tags shall be left uncut (flagged trees may be cut if necessary).

(7) Reserve trees shall be left uncut (see C.14 DEFINITIONS – Reserve Trees).

C.8 SPACING OF LEAVE TREES

(1) In order to achieve the average trees per acre specified in the Detailed Unit Information Sheets, average unit-wide tree spacing will generally be as listed therein. However, individual tree spacing shall be varied as necessary in order to:

(a) retain the best crop-suitable trees available, and

(b) compensate for low numbers of available crop-suitable trees in or near natural or created openings.

(see C.14 DEFINITIONS – Best Tree / Crop-suitable).

(2) Spacing guidelines:

SPECIFIED PLOT PLOT AVERAGE AVERAGE

SPACING SIZE RADIUS TREES / ACRE TREES / PLOT

25 x 25 1 / 10 AC 37.2 FT 70 7

20 x 20 1 / 20 AC 26.3 FT 109 5.5 = 5 – 6

18 x 18 1 / 20 AC 26.3 FT 134 6.7 = 7

15 x 15 1 / 50 AC 16.7 FT 194 3.9 = 4

12 x 12 1 / 50 AC 16.7 FT 302 6

C.9 CULL TREE DEFINITION

(1) DISEASED TREES

(a) Dwarf Mistletoe: Generally, lodgepole pines with any evidence of mistletoe infection, and ponderosa pines with evidence of mistletoe infection in the upper half of the crown, or as otherwise specified on the Detailed Unit Information Sheets.

(b) Western Gall Rust / Bole Cankers: Trees 1 to 8 inches DBH with one or more visible bole infections that encompass 50 percent or more of the bole‘s circumference.

(2) DEFECTIVE TREES

(a) Crooked Trees: Trees with a sharp crook on the main bole, which is less than 13 feet from the ground and offset more than 3 inches from the longitudinal axis.

(b) Forked Trees: Trees with one or more forks in the live crown or dead or broken-out tops of the bole within 13 feet of the ground surface.

(c) Swept Trees: Trees with excessive sweep in the bole; generally anything offset more than half of the tree‘s diameter (DBH).

(3) DAMAGED TREES

(a) Girdled / Damaged Boles: Trees that are girdled or otherwise damaged so that the bark is removed and the cambium / sapwood is exposed on a certain portion of the bole.

1) For PP and LP, girdling or other damage to 1/4 or more of the bole‘s circumference.

2) For WF, any degree of damage to the bole.

(b) Damaged Tops: Trees with broken tops where such breakage will affect subsequent height growth to any extent or reduce the quality of the tree.

(c) Leaning Trees: Trees which are leaning more than 20 degrees from vertical, as a result of past operations, snow or wind damage, etc.

(4) TREES WITH LOW LIVE CROWN RATIO (LCR) (see C.14 DEFINITIONS – Live Crown Ratio /

LCR)

(a) Trees may be considered cull when the LCR falls below a specified percentage, generally:

1) 30 percent for ponderosa pine

2) 70 percent for lodgepole pine and white fir.

(b) Acceptable LCR percent may vary among individual treatment units. LCR percents are specified in the Detailed Unit Information Sheets, under Unit Cutting Prescription.

C.10 CUT TREE EXECUTION

(1) Trees to Cut:

NOTE that the following always applies to trees within the minimum and maximum cutting specifications (over the minimum height and less than or equal to the maximum cutting diameter as specified on the Detailed Unit

Information Sheets).

(a) All live excess trees not needed to meet average spacing requirements, or not otherwise designated as a leave tree or a reserve tree.

(b) All cull trees. (see C.14 DEFINITIONS – Cull).

(c) All dead trees. This includes stumps, broken stems, etc, from prior harvest or other activities.

(d) All lodgepole pines with evidence of mistletoe infection, or as otherwise specified in the Detailed

Unit Information Sheets.

(e) All ponderosa pines with evidence of mistletoe infection in the upper half of the crown, or as otherwise specified in the Detailed Unit Information Sheets.

(f) All lodgepole pines within areas that are capable of meeting ponderosa pine spacing as specified.

(g) All lodgepole pines within 6 feet of road surfaces.

(2) Cut trees shall be:

(a) Cut below the lowest live limb. Live limbs are acceptable on a stump cut within 2 inches of the ground surface. Stumps taller than 2 inches and which contain live green limbs will be counted as an excess tree on the inspection summary.

(b) Cut so that stumps are no more than 6 inches above the ground surface, or as otherwise specified in the Detailed Unit Information Sheets.

(c) Completely severed from the stump. A cut tree which is not completely severed from its stump will be counted as an excess tree on the inspection summary.

(d) Felled so that they fall within the contract treatment unit boundary.

(e) Felled, whenever possible, away from leave trees, activity-created or existing slash, brush, etc, toward openings, skid trails and landings.

C.11 TREATMENT OF SLASH:

(1) All units in this contract shall incorporate the treatment of slash as part of the required work. Slash specifications for individual units are listed in the Detailed Unit Information Sheets. Depending on the Item

/ Subitem, the method(s) to be used for individual units shall be either:

a) lopping and scattering of activity-created slash to a specified maximum height and minimum distance from the boles of leave trees, or

b) bucking of activity-created and pre-existing slash to be hand piled in accordance with specifications elsewhere herein.

(2) Existing slash requiring bucking and hand piling shall be all material from 3 inches diameter up to 12 inches diameter.

C.12 LOPPING AND SCATTERING SPECIFICATIONS:

(1) Activity-created slash shall have limbs severed and/or stems and tops cut to the extent that none of the slash extends above 12 inches from the ground surface. Specifications are also listed on the Detailed Unit

Information Sheets.

(2) Cutting of pre-existing slash, brush or other material is sometimes necessary in order to achieve the specified maximum height of lopped activity-created slash. For units requiring lopping, any additional cutting of pre-existing slash, brush or other material shall be considered incidental to the treatment of activity-created slash for purposes of inspection, acceptance and payment.

(3) Lopped slash shall not be left within 2 feet of the base of leave, reserve, select and/or wildlife trees. Any such slash shall require scattering away from the base of the tree.

(4) In addition, the Contractor shall remove all lopped slash as stated below:

(a) Roads: Remove all activity-created slash from any road surface, and within 6 feet of any road surface.

(b) Trails: Remove all activity-created slash from the surface of, and within 6 feet of any established hiking trail, horse trail, OHV trail, etc.

(c) Stream courses: Remove all activity-created slash from live stream courses and within 6 feet of the edges of live stream courses.

C.13 HAND PILING SPECIFICATIONS

(1) Where hand piling is specified, all activity-created and pre-existing slash which required bucking, shall be piled in accordance with the following, or as specified in the Detailed Unit Information Sheets.

(1) Hand piles shall be:

(a) Constructed tight, with slash parallel, and in such a manner that they are stable and will not fall over with the passage of time.

(b) Trimmed with the excess pieces of slash placed in / on the pile.

(c) Constructed to include all activity-created slash material with diameters up to 12 inches and a minimum of 2 feet in length.

(d) Unless approved by the COR, maximum pile size shall be 10 feet in diameter by 8 feet in height, and minimum pile size shall be 7 feet in diameter and 5 feet in height.

(e) Located so that burning will not cause damage to standing live trees. Unless otherwise approved, this will mean at least 10 feet from the crown or drip line of any tree, or equidistant between standing live trees, whichever is greater.

(f) Placed a minimum of 20 feet from wildlife trees, select trees, unit boundaries, and improvements.

(g) Placed, where spacing allows, a minimum of 10 feet from other slash piles.

(h) Placed so that they are not atop or within 6 feet of logs, stumps, roadways, trails, ditches, firelines, channel bottoms, or stream courses.

(i) Piles shall not be located in the bottom of draws which carry water during periods of surface runoff.

(j) Whenever possible, piles created by the contractor shall be placed on an existing skid trail, log landing, temporary road or other previously disturbed site.

(2) In some situations it may become necessary to create openings within the remaining stand depending on the amount of the slash fuel loading. In these situations the contractor shall cut one of the least desirable remaining leave trees in order to make space to construct a slash hand pile.

(3) Wildlife piles shall be made in areas lacking natural wildlife logs. (see C.14 DEFINITIONS – wildlife log / log classes). Approximately 1 pile every acre, well distributed throughout the unit, unless otherwise noted. The size of a wildlife pile should not exceed 4 feet in height and should contain approximately 100 cubic feet of material.

(4) NOTE: Hand piles which are not constructed in accordance with specifications shall automatically require rework.

C.14 DEFINITIONS:

Best Tree – The tallest tree with the fullest crown that is least affected by visible disease, defect and animal, insect or mechanical damage.

Bole – The main stem of a tree from which individual branches radiate.

Bole Canker – A disease of the bark and cambium that causes a well-defined sunken or swollen lesion on the affected tree‘s bole.

Crop Suitable – Any tree which, based on its characteristics, can be selected to become a component of a future commercial harvest.

Crown – The live green foliage and foliage-supporting branches of a tree.

Codominant – see Tree Class / Crown Class

Cull – In this contract, a live tree that does not meet or is not expected to meet certain specifications of usability.

(see C.9 CULL TREE DEFINITION)

Cut Trees – Trees that are to be removed by thinning, as specified in the Detailed Unit Information Sheets.

DBH – ‗Diameter at Breast Height.‘ The diameter of the bole of a tree, measured at a point 4 ½ feet above ground level on the uphill side of the tree.

Defect – Any feature that lowers the utility or commercial value of a tree.

Deficient Tree – A tree that was cut and which should have been left to meet average spacing requirements.

Dominant – see Tree Class / Crown Class

Excess Trees – Includes any of the following:

(1) Trees not needed to meet spacing requirements and which should be cut.

(2) Trees not needed to meet spacing requirements which are left uncut.

(3) A cut tree which is not completely severed from its stump, or a stump containing live green limbs that do not meet specifications contained elsewhere herein.

Hang-Up Tree – A cut tree suspended 3 feet or higher above the ground surface in any way by another leave tree, stump, brush, rock, etc.

Intermediate – see Tree Class / Crown Class

Leave Trees – The best trees determined to be left uncut in order to meet average spacing requirements.

Live Crown Ratio / LCR – The portion of the bole of a tree that supports green foliage, expressed as a percent of the total tree height to the nearest 10 percent.

Log Decomposition Classes –

Class 1 Log – Bark intact with twigs present. Texture is intact to partly soft and shape is round. Color of wood is original and the portion of the log on the ground is elevated on support point(s).

Class 2 Log – Bark intact with the absence of twigs. Texture is intact to partly soft and shape is round.

Color is original and the portion on the ground is elevated on support point(s) but is sagging slightly.

Class 3 Log – Trace of bark and an absence of twigs. Majority of the log is sound with some area(s) of decomposition occurring and the shape is round. Original color may be faded and the log is sagging near the ground.

Class 4 Log – Absence of bark and twigs. Log made up of small, soft, and blocky pieces. Log is round to oval in shape. Color light brown to faded brown or yellowish. All of the log is on the ground.

Class 5 Log – Absence of bark and twigs. Log is soft and powdery in texture. Log is oval in shape. Color is faded yellow / light yellow to grey in color. All of the log is on the ground.

Mistletoe / Dwarf Mistletoe – A significant parasitic problem plant of western coniferous forests. Mistletoe develops extensive absorption systems in the host, causing injury through diversion of nutrients and growth reduction. Often causes ―brooms‖ of abnormally prolific branching.

Plot / 1/10 - 1/20 - 1/50 Acre Plots – Circular plots used to measure the average number of leave trees per acre.

1/10 th acre describes a circle with a radius of 37.2 feet; 1/20 th

= 26.3 feet; 1/50 th

= 16.7 feet.

Reserve Trees – Trees other than leave trees determined to be left uncut within unit boundaries. Reserve trees shall not be considered in the average spacing of leave trees unless otherwise indicated. Reserve trees shall include the following:

(1) All trees greater than the maximum cut tree specification.

(2) Any tree of a species not addressed in the Detailed Unit Information Sheet.

(3) Wildlife Trees – those designated as reserved for use by wildlife. Marked with orange paint and/or brown metal signs.

(4) Select Trees – those exhibiting desirable characteristics and which have been selected for participation in a Genetic Tree Improvement Program. Marked with a wide horizontal band of orange paint and/or yellow metal signs.

(5) Trees marked with orange paint.

Residual Overstory – Larger, mature trees comprising the uppermost canopy layer and which were reserved in prior harvest activities, typically as seed trees, shelterwood trees, future snags, etc.

Select Tree – See Reserve Trees

Slash – Vegetative material including stems, limbs, broken tops, cull logs, chunks, and pushed out stumps and root wads, resulting from thinning, skidding or other contract activity, or naturally occurring fuels which have accumulated as the result of disturbances such as beetle-kill, fire, and snow or wind damage. Activity-created slash refers to that created from the current activity being implemented. Pre-existing slash refers to that created from prior activities, or from natural means such as beetle kill, wind throw, etc.

Spacing – The distance in feet between leave trees, where the average is computed on all trees within a given plot area to allow flexibility in selecting the best tree.

Thinning – Treatment to reduce stand density of trees – primarily to improve growth and enhance forest health – by the cutting of trees in excess of those to be left for future management.

Tree Class / Crown Class –

Dominant – A tree whose crown extends above the general level of the forest canopy and which receives full light from above and partial light from the sides.

Codominant – A tree whose crown helps to form the general level of the forest canopy and which receives full light from above but comparatively little from the sides.

Intermediate – A tree whose crown extends into the lower portion of the forest canopy and which is shorter in height than the codominates, and which receives little direct light from above and none from the sides.

Western Gall Rust – A disease that produces conspicuous round growths on the affected tree‘s bole and/or branches.

Wildlife Log – A down log at least 10 inches in diameter on the large end and 20 feet long.

Wildlife Tree – A standing live or dead tree (wildlife snag), designated as reserved for use by wildlife. Marked with orange paint and/or brown metal signs.

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

1. Fire Period and Closed Season

Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each year. The Forest Service may change the dates of said period by advance written notice if justified by unusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

2. Fire Plan

Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season, and shall update such certification when operations change.

3. Substitute Measures

The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

4. Emergency Measures

The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

5. Fire Control

The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the

Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the

Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency

Pay Plan for Emergency Firefighters. The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.

6. Compliance with State Forest Laws

Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

7. Fire Precautions

Specific fire precautionary measures are as follows:

a. Smoking and Open Fires

Smoking and fires shall be permitted only at the option of the Contractor. The Contractor shall not allow open fires on the project area without advance permission in writing from Forest

Service.

Unless restricted by State Law or Federal Regulation, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall sit down to smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

b. Fire Extinguishers and Equipment on Trucks, Tractors, etc.

All power-driven equipment operated by the Contractor on National Forest land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 BC, and one "D" handled or long handled round point shovel, size "0" or larger. In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.

Equipment shall be kept in a serviceable condition and shall be readily available.

c. Power Saws

Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger. The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

d. Extinguishers

One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available.

e. Spark Arresters and Mufflers

Each internal combustion engine shall be equipped with a spark arrester meeting either (1)

USDA Forest Service Standard 5100-1a, or (2) appropriate Society of Automotive Engineers

(SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(1) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(2) A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory-designed muffler complete with baffles and an exhaust system in good working condition.

(3) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

f. Emergency Fire Precautions

The Contractor shall restrict operations in accordance with the Industrial Fire Precaution Levels listed below. The Forest Service may change the Industrial Fire Precaution Levels to other values upon revision of the National Fire Danger Rating System and may change the specific

Industrial Fire Precaution Levels when such changes are necessary for the protection of the

National Forest. When sent to the Contractor, the revised Industrial Fire Precaution Levels will supersede the attached levels.

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

LEVEL INDUSTRIAL FIRE PRECAUTION (IFPL)

I. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all higher levels unless otherwise waived.

II. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m., local time:

a. power saws, except at loading sites;

b. cable yarding;

c. blasting;

d. welding or cutting of metal.

III. Partial shutdown - The following shall be prohibited except as indicated:

Cable yarding - except that gravity operated logging systems employing non-motorized carriages may be operated between the hours of 8 p.m. and 1 p.m., local time, when all block and moving lines, except the line between the carriage and the chokers, are suspended 10 feet above the ground;

Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m., local time.

In addition, the following are permitted between the hours of 8 p.m. and 1 p.m., local time:

a. tractor/skidder operations;

b. mechanized loading and hauling of any product or material;

c. blasting;

d. welding or cutting of metal;

e. any other spark-emitting operation not specifically mentioned.

IV. General shutdown - All operations are prohibited.

The following definitions shall apply to these Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.

Closed season (Fire Precautionary Period): That season of the year when a fire hazard exists as declared by the responsible agency official.

Contracting Officer: The person executing the contract, permit or license on behalf of the Government and includes that person's designated representative, acting within the limits of their authority or the duly appointed successor to the individuals.

Loading sites/woods site/project area: A place where any product or material (including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck or other vehicle.

Low hazard area: Means any area where the responsible agency representative (WDNR, ORF, BIA, BLM) determines the combination of elements reduces the probability of fire starting and/or spreading.

Tractor/skidder operations: include a harvesting operation, or portion of a harvesting operation, where tractors, skidders, or other harvesting equipment capable of constructing fireline, are actively yarding forest products and can quickly reach and effectively attack a fire start.

Waivers, written in advance, may be used for any and all activities. Activities for which waivers may be issued include, but are not limited to:

a. mechanized loading and hauling;

b. road maintenance such as sprinkling, graveling, grading and paving;

c. cable yarding using gravity systems or suspended lines and blocks, or other yarding systems where extra prevention measures will significantly reduce the risk of fire;

d. powers saws at loading sites or in felling and bucking where extra prevention measures will significantly reduce the risk of fire;

e. maintenance of equipment (other than metal cutting and welding) or improvements such as structures, fences and powerlines.

Such waiver, or substitute precautions will prescribe measures to be taken by the Contractor to reduce the risk of ignition, and/or the spread of fire. The Contracting Officer shall consider site specific weather factors, fuel conditions, and specific operations that result in less risk of fire ignition and/or spread than contemplated when precaution level was predicted. Consideration shall also be given to measures that reduce the precaution levels above. The Contractor shall assure that all conditions of such waivers or substitute precautions are met.

The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to the start of work, from the appropriate Ranger District headquarters. If predictions made after 6:00 p.m., local time, are significantly different than the original prediction, the Forest Service will inform the Contractor when changes in restrictions or industrial precautions are made.

NOTE: The IFPL system does not apply on lands protected by ODF east of the summit of the Cascades.

Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than industrial precaution level system.

8. Fire Tools

The Contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool box or compartment of sound construction with a hinged lid and hasp so arranged that the box can be secured or sealed. The box shall be red and marked "Fire Tools" in letters one inch high. It shall contain a minimum of:

a. 2 axes or Pulaskis with a 32-inch handle;

b. 3 adze eye hoes. One Pulaski may be substituted for 1 adze eye hoe;

c. 3 long-handled, round point shovels, size "0" or larger.

9. Fire Security

When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is granted, the Contractor shall designate a person who shall perform fire security services listed below on the project area and vicinity. The designated person shall be capable of operating the Contractor's communications and fire fighting equipment specified in the contract, excluding helicopters, and of directing the activities of the Contractor's personnel on forest fires. In lieu of having the designated person perform the required supervisory duties, the Contractor may provide another person meeting the qualifications stated above to direct the activities of Contractor's personnel and equipment during all fire fighting activities.

Services described shall be for at least 1 hour from the time the Contractor's operations are shut down. For the purposes of this provision, personnel servicing equipment, and their vehicles, who are not engaged in cutting or welding metal are excluded.

Fire security services shall consist of moving throughout the operation area or areas constantly looking, reporting, and taking suppression action on any fires detected. Where possible, the designated person shall observe inaccessible portions of helicopter operating areas from vantage points within or adjacent to project area.

10. Blasting

Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped with a long-handled, round point, No. "0" or larger, shovel, and a five-gallon backpack pump can filled with water will stay at location of blast for 1 hour after blasting is done. Blasting may be suspended by Forest Service in writing, in an area of high rate of spread and resistance to control.

Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest

Service, which may specify conditions under which such explosives may be used and precautions to be taken.

R6-FS-6300-52

INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

CONTRACTOR INSPECTION PROCEDURES

NOTE: The requirement for a Contractor-furnished inspection system is hereby waived. The

Government will maintain all inspection systems for work provided under this contract.

GOVERNMENT INSPECTION PROCEDURES - GENERAL

(1) The COR or a designated inspector will make periodic inspections while work is in progress, usually daily at first, to assure that work is proceeding satisfactorily. Subsequent inspections for similar work will normally be made following notification by the Contractor of completion of individual treatment units. Contractor may observe inspections while they are being made and, upon request, receive copies of the Inspection Report forms.

(a) As a basis for payment, the COR or designated inspector will inspect for compliance with specifications on individual treatment units reported as completed by the Contractor.

(b) Each work unit, as designated on the attached contract maps and described in the Schedule of Items and on the Detailed Unit Information Sheets, will be inspected as a separate unit and will not be averaged with any other area for acceptance or payment.

GOVERNMENT INSPECTION PROCEDURES – TREE CUTTING

(1) The tree cutting inspection will be made on a series of 1/** acre plots, as indicated below, taken at intervals along transects within treatment units. The number of plots taken will be sufficient to total at least 1 percent of the area in the unit being inspected. Plots will be distributed such that the best representative sample is obtained.

SPECIFIED PLOT PLOT AVERAGE AVERAGE

SPACING SIZE RADIUS TREES / ACRE TREES / PLOT

25 x 25 1 / 10 AC 37.2 FT 70 7

20 x 20 1 / 20 AC 26.3 FT 109 5.5 = 5 – 6

18 x 18 1 / 20 AC 26.3 FT 134 6.7 = 7

15 x 15 1 / 50 AC 16.7 FT 194 3.9 = 4

12 x 12 1 / 50 AC 16.7 FT 302 6

(2) The COR or designated inspector will mark the location of each inspection plot on the ground using flagging to indicate plot centers. Plots will be consecutively numbered and dated to correlate with the inspection form. The inspector will include their initials on the flagging.

(3) Minimum number of plots per treatment unit, shall be as follows:

Unit Acreage Minimum Number of Plots

1 to 29 1 plot per acre

30 to 59 30 plots

60 to 99 1 plot per 2 acres

100 + 50 plots

(4) At each plot, the Government will examine the plot area and record, on a Thinning Inspection Report form, findings on the items listed below: (Reference EXHIBIT A)

1) Number of trees to be left.

2) Number of trees left.

3) Number of satisfactory trees left.

4) Number of trees deficient.

5) Number of trees excess.

(a) Cut trees which are still attached at the stump shall be counted as excess trees.

(b) Stumps containing live limbs which are not in accordance with specifications shall be counted as excess trees.

(5) All trees within the plot will be noted in the Remarks column, listed by species and 1-inch diameter class.

Example: 7 trees in plot = 3 PP - 5‖ / 2 PP - 4‖ / 1 PP - <1‖

(6) Work quality shall be calculated on the form as follows:

No. Trees Deficient + No. Excess Trees

-------------------------------------------------- = % Unsatisfactory work

No. Trees to be left

100% – % Unsatisfactory work = % Work Quality

(7) Payment rate for work quality at or above 85% will be calculated as follows:

% Work Quality + 5.0 % Statistical Variation (SV) = % Payment rate

(8) Examples:

(a) 2 Trees Deficient + 4 Trees Excess 6

------------------------------------------ = --------- = 5.22% = 5% Unsatisfactory work

115 Trees to be left 115

100% – 5% = 95% Work Quality

95% + 5% (SV) = 100% Payment rate

(b) 2 Trees Deficient + 8 Trees Excess 10

----------------------------------------- = --------- = 10.87% = 11% Unsatisfactory work

92 Trees to be left 92

100% – 11% = 89% Work Quality

89% + 5% (SV) = 94% Payment rate

(c) 3 Trees Deficient + 18 Trees Excess 17

------------------------------------------- = --------- = 17.90% = 18% Unsatisfactory work

95 Trees to be left 95

100% – 18% = 82% Work Quality

No payment made

ACCEPTANCE AND PAYMENT – TREE CUTTING

(1) Percentages as calculated herein shall be rounded to the nearest whole percent.

(2) No allowance for variation or portion of a variation will be added which will create a percentage greater than

100 percent.

(3) For work quality of 95 percent or higher, the 5 percent adjustment for statistical variation will be added and the Contractor will be paid 100 percent of their bid rate.