AG-0489-S-10-0483 SAFR Mowing Solicitation.docx

Solicitation Number AG-0489-S-10-0483

SAFR MOWING

DATE

28 April 2010

INFORMATION CALL:

19 May 10 / 3PM PST

USDA Forest Service

EROC-NW

|_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

BUSINESS

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

|X| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

Deschutes National Forest, Sisters 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.

|_| SEE ADDENDUM

TAS::12 1118::TAS RECOVERY

SAFR Mowing Deschutes National Forest Sisters 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

See List of Payment Items

See List of Payment Items

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

2a

2b

3a

3b

Mastication / Precommercial Thin

Wildlife Clump Designation

Wildlife Clump Designation

Technical Contact:

Dave Moyer 541-549-7718

Continuation of SF1449 Block 27:

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

ACRE

ACRE

ACRE

ACRE

ACRE

Total:

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

CORRECT FOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

Current Contractor Information and Proposal

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

NO______________

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

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

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.

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

· FAR 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements

· Supplement to FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

· AGAR 452.219-70 Size Standard and NAICS Code Information

· FSAR 4G52.222-701 Employment of Eligible Workers

· FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

· FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration

· FSAR 4G52.222-704 Personal Protective Equipment

· FSAR 4G52.222-705 Camping Provisions for Labor Intensive Contracts

· List of Clauses Incorporated by Reference

· 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 Government Furnished Property Detailed Specifications

· Scope of Contract

· Contract Location

· Contractor Obligations

· Control of Work

· Technical Requirements Inspection and Acceptance Service Contract Act Wage Determination 1977-0079 Revision 39 – Oregon Fire Code R6-FS-6300-52 (separate attachment) Fire Code R6-FS-6300-53 (separate attachment) Fire Code R6-FS-6300-54 (separate attachment) Detailed Unit Data Sheet (separate attachment) Vicinity Map (separate attachment) Unit Map (separate attachment)

PERFORMANCE PERIOD REQUIREMENTS

The Contractor shall be required to (a) commence work under this contract within 7 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 June 30, 2011. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin June 01, 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: Dave Moyer Telephone Number: (541) 549-7718

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.

GOVERNMENT FURNISHED PROPERTY:

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

A-1 SCOPE OF CONTRACT

This solicitation is to provide services to (1) mow/pulverize existing brush and slash (2) thin standing live small conifer trees (up to 8”dbh) (3) wildlife clump layout on designated units as part of a forest health and fuel reduction program.

(1) Mow/Pulverize: The majority of the project area consists of brush and standing live trees less than 4” in diameter that can be felled and mulched by most industrial mowing implements.

(2) Thinning: Small pockets of larger diameter (up to 8” dbh) trees may be encountered within unit boundaries. Contractor will be required to treat said areas by either felling and mulching (with capable machinery) and/or falling and hand piling as outlined in A-3.

(3) Wildlife Clump Designation: 10% of individual contract units will have wildlife clumps designated by contractor as outlined in A-3.8

Contractor shall furnish a machine as specified and an operator with sufficient skill and experience to perform the work as specified. All work will be performed on the Sisters Ranger District, Deschutes National Forest.

CONTRACT LOCATION

(a) Project Location: Work areas are located within the Deschutes National Forest, on the Sisters Ranger District. Attached vicinity and project area maps show general locations.

(b) Accessibility: The project areas may be reached by the Forest roads suitable for hauling of heavy equipment during the normal operating season. The Forest Service assumes no obligation to plow snow or to perform special maintenance to keep roads open. It is the Contractor's obligation to verify and get approval from Forest Service on travel routes.

(c) Boundaries:

(1) The boundaries, other than for easily identified ground features shown on the contract map, have been plainly marked by the Forest Service as follows:

- with white tags (showing Unit numbers) and/or pink and black striped ribbon

- interior lime green flagging designating wildlife (no treat) clumps.

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

A-2 CONTRACTOR FURNISHED ITEMS AND SERVICES

A-2.1 CONTRACTOR OBLIGATIONS

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

(b) Contractor shall furnish and place a warning sign (e.g., “Work Ahead”, “Logging Operations Ahead”, etc.) on each end of individual units that are adjacent to primary forest roads while manual or machine operations are existent. Minimum size for the sign(s) shall be 2 foot by 2 foot.

(c) The Contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, property line monument(s), bearing trees, road blocks, road surfaces and/or drainage structures as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition. Not all said improvements will be designated and it will be the responsibility of contractor to use due diligence in avoidance.

A-2.2 EQUIPMENT SPECIFICATIONS

All equipment utilized during contractors operations shall be of durable design and construction to withstand the stresses of natural obstructions within forest lands such as rocks, stumps, roots, slash, dust and the general unevenness of uncultivated land.

A-2.2.1 MOW

Machine will be a farm type or tracked crawler equipped with either a rotating drum head (e.g. fecon like head) or a rotating blade mowing attachment with an enclosed housing surrounding the cutting mechanism capable of breaking up material, up to and including 3-4 inches in diameter. Cutting implement shall allow a minimum of 2 to 12 inch working height. Machine with attachment(s) shall not exert more than 7 pounds per square inch ground pressure. If machine is equipped with tires, tires shall not be filled with calcium. If using larger excavator with slashbusting head, boom reach must be a minimum of 20-25 ft in order to limit ground disturbance.

A-2.2.2 HAND THIN

Where applicable, if mowing machinery (as listed in A-2.2.1) is not capable of falling and pulverizing small diameter trees (up to 8” dbh) contractor will be required to provide adequate alternative (e.g. chainsaws and slash piling) to meet specifications as outlined in said contract. See A-3.2 for specifications

A-3 PERFORMANCE OF WORK

Mow/thin existing brush, slash, and small conifer trees on designated units as part of a fuel reduction program.

A-3.1 MOWING/MULCHING

(a) Treatment shall include all woody shrub material and small trees (up to 8 inches in diameter), except as noted below, within the project site. Refer to A3.3—A3.6.

(b) Standing brush and small diameter trees shall be cut or chopped off to within a maximum of 6 inches of the ground surface, or as stated in the Detailed Unit Information Sheets.

(c) Existing slash and cut brush shall be chopped, chewed or ground up to where it is within 6 inches of the ground surface.

(d) Mowing operations shall occur to within a minimum of 12 inches from the base of green standing trees unless obstructed in some way; in which case treatment shall be as close to the drip-line as possible.

(e) Mowing shall not occur within 6 feet of snags, rock outcrops, logs greater than 12 inches in diameter, or on slopes greater than 30%.

(f) Mowing equipment will be washed prior to moving into new contract unit to avoid spread of noxious weeds.

A-3.2 HAND THIN

(a) Where applicable, if machinery used is not capable of mowing and pulverizing small diameter trees, contractor will be responsible for thinning and piling material by other means (e.g. chainsaw). In such areas material will be piled according specifications as outlined in A-3.7.

A-3.3 SELECTION OF LEAVE TREES

(a) Leave trees as described herein (and in the Detailed Unit Information Sheets for individual units), shall be determined by the Contractor and shall be the best, crop-suitable trees available to meet variable spacing requirements.

(b) Residual overstory ponderosa pine shall be considered in average spacing.

(c) Favored leave tree species shall normally be in the following order of priority:

(1) Ponderosa Pine (PP) > 8” Leave all trees that appear to be old growth (orange barked) that are less than 8” DBH.

(2) Juniper (JP) >12”

(d) Leave trees shall be selected based on the following characteristics, in the following order of priority: (see A-5, DEFINITIONS, Tree Class / Crown Class)

(1) The best-formed dominant PP free of damage and disease.

(2) The best formed codominant PP free of damage and disease.

(3) The best formed intermediate PP free of damage and disease.

(4) Junipers will be left as last option.

(e) Trees which are marked with boundary tags shall be left uncut.

(f) Trees marked with orange paint that do not meet the definition of a cull tree shall be left uncut.

(g) Reserve trees shall be left uncut. (see A-5, DEFINITIONS, Reserve Trees)

(h) All snags 8 inches dbh and greater shall be left, except those which are determined to be a safety hazard.

A-3.4 SPACING OF LEAVE TREES:

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

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

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

(b) Individual tree spacing may be varied up to and not more than 50 percent when necessary.

(c) Spacing guidelines:

PLOT PLOT SPECIFIED AVERAGE AVERAGE

SIZE RADIUS SPACING TREES / ACRE TREES / PLOT

1 / 20 AC 26.3 FT 26 x 26 64 3.2 = 3 1 / 20 AC 26.3 FT 20 x 20 109 5.5 = 5 – 6 1 / 20 AC 26.3 FT 18 x 18 134 6.7 = 7

(d) Small groups of 3-6 dominant or co-dominant trees may be left within the variable spacing guidance above.

A-3.5 CULL TREES:

(a) DISEASED TREES

(1) Dwarf Mistletoe: Ponderosa pines which meet or exceed specific levels of mistletoe infection as specified on the Detailed Unit Information Sheets.

(2) Bole Cankers: Trees 1-8 inches DBH.

(b) DEFECTIVE TREES

(1) 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.

(2) 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.

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

(c) DAMAGED TREES

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

(2) Leaning Trees: Trees which are leaning more than 15 degrees from vertical, as a result of past operations, snow or wind damage, etc.

A-3.6 CUT TREE EXECUTION:

(a) Trees to Cut:

(1) All live excess and cull trees over the less than or equal to the maximum cutting diameter as specified on the Detailed Unit Information Sheet, not needed to meet variable spacing requirements, or not otherwise designated as a leave tree or a reserve tree.

(2) All dead trees less than 8 inches dbh, unless otherwise stated in the Detailed Unit Information Sheets.

(3) All ponderosa pines less than or equal to the maximum cutting diameter specified, with certain levels of mistletoe infection, as stated in the Detailed Unit Information Sheets.

(b) Cut trees shall be:

(1) 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.

(2) Cut so that stumps are no more than 6 inches above the ground level.

(3) 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. Stump angle shall be less than 30 degrees.

(4) Felled away from all roads, established trails, fence lines, etc.

(5) Felled so that they fall within the contract unit boundary and shall not be a hang-up tree.

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

(7) Major rock outcrops: All slash on visible rock shall be pulled off the rock and placed at least 6 feet from the rock.

A-3.7 TREATMENT OF SLASH:

(a) All units in this contract shall incorporate the treatment of slash as part of the required work. The method of slash treatment will be Hand Pile and/or Mulching/Pulverizing.

Mulching/Pulverizing: Refer to section A-3.1

Hand Pile (HP): Where contractor is not capable of mulching/pulverizing slash as outlined in section A-3.1, handpiling will be allowed.

A-3.7.1 LOCATION OF PILES

Hand piles shall be:

(a) Piles shall be located so that burning will not cause damage to standing 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.

(b) Placed a minimum of 10 feet from unit boundaries, physical improvements, select genetic trees wildlife trees, and obvious user trails.

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

A-3.7.2 CONSTRUCTION AND SIZE OF PILES

Hand piles shall be:

(a) Constructed to include slash between 1 and 8 inches in diameter and greater than 2 feet in length. Slash less than 1 inch in diameter and less than 2 feet in length may be left on the ground. Slash left on the ground shall not exceed 6 inches in depth.

(b) All hand piles shall be covered with plastic sheeting (6’x 6’). Each pile shall be covered with plastic when it is approximately 2/3 of its finished height. The remaining 1/3 of slash shall be piled on top of plastic sheeting.

(c) Constructed by laying limbs, stems, cut boles and other slash in the pile so as to be parallel with each other, and in such a manner that they are stable and will not fall over with passage of time.

(d) Constructed compactly with adequate fine fuels (limbs and needles) in the lower 1/3 of pile. Piles shall be proportionately greater in height than width.

(e) Trimmed with excess pieces of slash placed in pile.

(f) Unless approved by the COR, minimum pile size shall be 5 feet in diameter and 5 feet in height.

(g) Where slash produced by thinning operations is too nominal for construction of minimum pile size (i.e., low stand density, single trees), slash will either be dragged from within a 20-30ft radius to create pile or dragged and incorporated into existing pile within same radius. In cases where above standards cannot be met, cut tree will be limbed, bucked, and scattered.

A-3.8 WILDLIFE CLUMP DESIGNATION

(a) Contractor shall be responsible for wildlife clump designation as outlined in A-3.8.1.

(b) Wildlife cover areas shall not be above or below 10 percent (+/- .5%) of the gross acres of individual contract units.

(c) Clumps should be distributed throughout each unit (no large areas without clumps). Individual wildlife clumps should range from 0.5-2 acres.

(d) Wildlife clumps will be designated in lime green flagging (Government Furnished Property) and visible from tree to tree prior to use of mechanized equipment.

(e) Wildlife clumps will be numbered/identified with tags or on flagging for identification purposes.

(f) Each clump will be delineated using GPS Trimble GeoXT 2008 or like unit approved by contracting officer representative.

· within 10% error

· use base of tree to mark point

(g) Digitized tracks will be furnished and accepted by designated Forest Service representative prior to use of mechanized equipment.

A-3.8.1 WILDLIFE CLUMP SPECIFICATIONS

(a) Use existing draws/drainages, even if minimal

(b) Avoid connecting clump to a road if the clump is tied to uphill slope--prescribed fire set at bottom may end up burning all of clump--try different clump configuration that incorporates uphill slope but avoids connection with the road

(c) Look for wildlife sign such as deer trails, nests, when looking for areas to clump

(d) Clump can be connected to one side of old skid road (flat ground)

(e) Include variety of habitat types to meet different wildlife needs:

· Rock outcrops

· In areas with a lot of lava rock outcrops, no more than 50% of clumps in a unit should be rock outcroppings

· Include shrubs/trees on one or more sides that provide cover (don’t just draw circle around the outcrop)

· Large diameter (or medium diameter if large is absent) down wood on the ground

· Large diameter snags, particularly with exfoliating (sloughing) bark, or smaller diameter if grouped

· Areas with good canopy cover

· Tall, dense shrubs (bitterbrush, rabbitbrush)

· Grouped tall trees for accipiters

· If in ponderosa pine forest, look for fir or other tree species to include in clump (diversity)

· Clump can include one or two bent over trees (which serve as plucking posts for accipiters) but don't clump area that has a lot of bent over trees as they will fall soon

A-4 CONTROL OF WORK

(a) The Government reserves the right to prioritize the order in which units are treated.

(b) Mechanized equipment will not be cleared by COR until wildlife clumps and associated digitized data has been inspected and approved.

(c) In the event that any cultural resources or archaeological sites are discovered during operations of this contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Forest Archaeologist.

(1) Contractor shall protect all known and identified historic or prehistoric sites against destruction, obliteration, removal, or damage during contract operations. Contractor shall bear costs of restoration, provided such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

(d) Wildlife Restraints: No work will be permitted within a ¼-mile radius of an active nest between March 1 to August 31 for ospreys, goshawks, and red-tailed hawks and between January 1 to August 31 for eagles.

(1) If other raptorial or unique birds are found nesting in the Contract area, specific restrictions will be followed.

(2) If areas are found within the contract areas that contains any threatened and endangered species, proposed threatened and endangered species or sensitive plants, specific restrictions will be followed.

(d) Road closures will apply to all contract areas.

(e) All required contractual work shall be completed in one treatment unit prior to commencing work in a new treatment unit.

(f) If weather predictions indicate a hazardous fire condition the government reserves the right to curtail operations as specified elsewhere within the contract. IFPL constraints will be applied to the contract and associated contract areas (see Fire Precautions and Control)

A-5 DEFINITIONS

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

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

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

Drip-Line: A circle that extends from the bole of the tree and has a radius that is 15 feet larger than the crown radius of the tree.

DBH: Diameter of the stem of a tree at breast height, measured 4 ½ feet from the ground on the uphill side of the tree.

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

Leave Trees: The best trees determined to be left in order to meet average spacing requirements, and for future management.

Mowing/Masticate: Mechanical treatment to reduce brush height and tree density – would be applied with other slash piling techniques to reduce wildfire risk from the brush component of the site or in stands that have already been thinned that need maintenance.

Orange Paint:

(1) Standing green or dead tree - orange paint band on a standing tree signifies a leave tree. Contractors shall take care not to damage leave trees during the contract operations.

(2) Dead, down material - orange paint spot on a piece of down material indicates a wildlife log, and is to be left undisturbed.

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

Reserve Trees : Trees other than leave trees determined to be left uncut within unit boundaries. Includes any of the following:

(1) All trees less than the minimum cut tree specification or 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.

Slash: All vegetative material including blasted or pushed out stumps, chunks, broken tops, limbs, destroyed reproduction, and saplings or poles resulting from any type of harvesting, thinning, or clearing activity.

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.

Tree Class / Crown Class:

(1) 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.

(2) 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.

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

Wildlife Snag: A dead, standing tree composed of either hard or soft wood, that has a minimum DBH of 8 inches and a minimum height of 15 feet.

Wildlife Clump: A vegetative area designated by lime green flagging. Contractors shall take care not to disturb designated wildlife clumps during contract operations

Wildlife Down Log: A log at least 12 inches in diameter on the big end and 20 feet long.

A-6 PREVENTION AND CONTROL OF SOIL DAMAGE AND EROSION

(a) During performance of contract work, the Contractor shall take precautions to minimize damage to the soil and vegetation including, but not limited to:

(1) Equipment shall not be permitted to cross meadows, stream channels, or other non-work areas designated by the Contracting Officer's Representative except at designated places.

(2) Water bars in skid trails, fire lines, spur roads, and other places, disturbed by the Contractor, shall be repaired as directed by the Contracting Officer's Representative.

(b) To avoid such damage, the Forest Service may suspend operations in whole or in part for such periods as are necessary.

(g) Damage attributable to the Contractor's operation shall be repaired immediately by the Contractor to prevent accelerated erosion or soil damage.

A-7 PREVENTION OF DAMAGE TO RESIDUAL TREES

(a) Contractor shall be required to exercise care during operations to protect leave trees. No damage is allowed on genetically superior trees.

(b) A damaged leave tree will be considered as:

(1) Pushed over or uprooted by the equipment or slash material being treated, causing the tree to lean more than ten degrees from vertical.

(2) Trees that are girdled so that the bark is removed and wood is exposed on one-quarter or more of the circumference of the bole.

(3) Leave trees that have broken tops due to Contractor's operations.

(4) A tree with lateral root damage either cut or exposed.

(c) Live trees meeting the above damage criteria may be cut and treated the same as all other material upon COR's approval. The exception being genetically superior trees, wildlife trees, and trees banded with orange paint. These trees shall not be cut if damaged.

(d) 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 species values:

Damage to healthy advanced regeneration "leave" trees:

(1) Ponderosa Pine and white fir $10.00 per tree

(2) Lodgepole Pine $5.00 per tree

Damage to all other trees will be assessed as follows:

(3) Lodgepole pine seed tree or shelterwood tree $50.00 per tree

(4) Species other than lodgepole pine seed tree or shelterwood tree $100.00 per tree

(5) Lodgepole pine wildlife tree or snag - $100.00

(6) Species other than lodgepole pine wildlife tree or snag $500.00

(7) All species selected for "genetically superior trees, absolutely no damage is permitted $500.00

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)

A-8.1 GOVERNMENT UNIT INSPECTION PROCEDURES – VISUAL

(a) The COR, or a designated inspector, will make periodic inspections while work is in progress, usually daily at first, to assure work is proceeding satisfactorily. The Contractor shall notify the COR when units are completed and ready for inspection prior to his moving out of the general area. An inspection will be made within three (3) calendar days and the Contractor notified of any parts of the unit(s) requiring additional work or rework.

(b) Each unit will be inspected as a separate unit. Units will not be averaged with other units for acceptance or payment.

(c) The COR, or designated inspector, will determine compliance of contract specifications through informal, 100 percent visual inspections. In the event visual inspection indicates work to be in non-compliance with specifications, prompt corrective action and/ or rework shall be required.

A-8.2 GOVERNMENT UNIT INSPECTION PROCEDURES – FORMAL

(a) In the event visual inspection indicates work and/ or rework to be in non-compliance with specifications, a series of verification plots may be installed by the Government to determine compliance with specifications and percent of satisfactory work. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

(b) Each unit will be inspected as a separate unit. Units will not be averaged with other units for acceptance or payment.

(c) Government verification plots will consist of a series of 1/20 or 1/50 acre plots, evenly distributed throughout treatment units so that the best representative sample is obtained.

(d) The minimum number of verification plots, per treatment unit, shall be as follows:

(e) Verification plots shall be marked on the ground using flagging to indicate plot centers. Plots shall be consecutively numbered and dated to correlate with the inspection form.

(f) Determination of acceptability of the work performed will be based on Government verification inspections and will be considered conclusive.

A-8.3 Mowing Quality Assurance Surveillance Plan:

A-9 METHOD OF MEASUREMENT

(a) Acreage was measured on a horizontal plane

(b) Remeasurement

1. The Contractor may, in writing, at any time after award, request remeasurement of any units under this contract if he/she feels that acreage stated on the project maps is incorrect. The remeasurement must be within the existing perimeter of the respective unit. No variance of the unit perimeters as laid out on the ground for this contract will be allowed. All requests for remeasurement must be made prior to payment for each completed unit; and such remeasurement requests must be made within 5 business days after completion of each unit. Remeasurement will be performed by the Government.

2. If remeasurement indicates that a variance of ten percent or less exists on units of 1 to 5 acres, five percent or less exists on units of more than five but less than 20 acres, or if three percent or less exists on units of 20 acres or larger, the Contractor shall pay for the actual costs of the remeasurement. Under this condition, payment will be made on the acreage stated on the project maps. If the remeasurement indicates the actual acreage varies is by more than the above factors from that stated on the project maps, the payment will be made on the remeasured acreage and the percentage of satisfactory work, and the Forest Service will pay for the cost of the remeasurement. Remeasured acres will be rounded to the nearest whole acre for payment purposes.

WD 77-0079 (Rev.-39) was first posted on www.wdol.gov on 12/08/2009 Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1977-0079 Director Determinations | Revision No: 39 | Date Of Revision: 11/30/2009 State: Oregon Area: Oregon Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract(s) for Forestry and Logging Services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 14.23 08040 - Choker Setter 14.33 08070 - Faller/Bucker 25.30 08100 - Fire Lookout 13.76 08130 - Forestry Equipment Operator 16.62 08160 - Forestry/Logging Heavy Equipment Operator 16.62 08190 - Forestry Technician 18.33 08200 - Forestry Truck Driver 14.55 08250 - General Forestry Laborer 11.47 08280 - Nursery Specialist 19.06 08310 - Slash Piler/Burner 9.15 08340 - Tree Climber 9.15 08370 - Tree Planter 12.89 08400 - Tree Planter, Mechanical 12.89

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions – Commercial Items is incorporated by reference.

FAR 52.215-2 -- Audit and Records -- Negotiation (Mar 2009) (Alt I)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to --

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General—

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating --

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with…