AG-0489-S-10-0485 SAFR Thin Handpile_Sisters RD_Deschutes NF.docx

RECOVERY SAFR Thin & Handpile, Sisters RD, Deschutes NF Solicitation Number AG-0489-S-10-0485

DATE

23 April 2010

INFORMATION CALL:

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

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

|X| SMALL BUSINESS |_| EMERGING SMALL

BUSINESS

|_| 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

|X| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| 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.

|_| SEE ADDENDUM

TAS::12 1118::TAS RECOVERY

SAFR Thin and Handpile Sisters RD, Deschutes National Forest, Oregon

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

SEE ATTACHED SCHEDULE OF ITEMS.

Technical Contact:

Trevor Miller 541-549-7638 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.

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

SCHEDULE OF ITEMS

SAFR THIN & HANDPILE, SISTERS, DESCHUTES NF

Bid Item 1 – PCT/Hand Pile 537 acres $

Bid Item 1a –Wildlife Clump Designation 60 acres $

Bid Item 1b – Hand Pile 84 acres $

BID ITEM 1 - TOTAL PRICE $____________

Bid Item 2 – PCT/Hand Pile 407 acres $

BID ITEM 2- TOTAL PRICE $____________

Bid Item 3 – PCT/Hand Pile 253 acres $

Bid Item 3a –Wildlife Clump Designation 29 acres $

Bid Item 3.1 – PCT/Hand Pile 105 acres $

Bid Item 3.1a – Wildlife Clump Designation 12 acres $

Bid Item 3.2 – PCT/Hand Pile 152 acres $

Bid Item 4 – PCT/Hand Pile 511 acres $

Bid Item 4a – Wildlife Clump Designation 57 acres $

BID ITEM 4-TOTAL PRICE $____________

Bid Item 5 – PCT/Hand Pile 406 acres $

Bid Item 5a – Wildlife Clump Designation 45 acres $

BID ITEM 5- TOTAL PRICE $____________

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

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.

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

Detailed Specifications:

· Description of Work

· Project Locations

· Scope of Contract

· Contractor Furnished Items & Services

· Performance of Work

· Control of Work

· Definitions

· Prevention & Control of Soil Damage & Erosion

· Prevention of Damage to Residual Trees

· Inspection & Acceptance

· Method of Measurement

· Evaluation Criteria

· Government Furnished Property

· Commencement Prosecution, and Completion of Work

· Contract Administration

· Contracting Officer’s Representative

· Fire Protection and Suppression Requirements Enclosures:

Service Contract Act Wage Determination 1977-0079 Revision 39 – Oregon Exhibit A – Thinning Inspection Report Form Attachments:

Detailed Unit Data Sheets – (2) Vicinity Map – (1) Unit Maps – (4)

DESCRIPTION OF WORK:

General Guidelines:

The overall objectives of the project are:

1. Improve and protect:

a. The vitality and resiliency of forest and range ecosystems to threats from fire, insect, disease and invasive and noxious species, including maintaining soil productivity and the use of prescribed fire or vegetation removal to promote healthy forests and rangelands;

2. Reduce:

a. Hazardous forest fuels on federal lands;

b. Fire hazards to private lands, at-risk communities and municipal water supplies; and other improvements

c. Threat of catastrophic fire to T&E species habitat.

This shall be achieved through (1) thinning of small diameter conifer trees while also treating slash (hand pile) on designated units as part of a fuel reduction program. All services will be accomplished by contractor furnished and operated machinery. All work will be performed on the Sisters Ranger District, Deschutes National Forest from approximately June 2010 through June 2011.

PROJECT LOCATIONS:

(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.

· blue and white flagging designates Arch and TES species area, no piling in these areas.

(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.

Appendix A—DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

A-1 SCOPE OF CONTRACT

It is the purpose of this solicitation to secure services on the Sisters Ranger District for (1) tree cutting (thinning), (2) treatment of activity-created slash (hand piling), (3) wildlife clump designation.

Thinning: Ponderosa Pine trees generally 8 in. dbh and Juniper < 12” dbh or less from below in natural stands, favoring Ponderosa Pine. Would promote growth on residual trees and reduce fire hazard.

Hand Pile (HP): This method is for all harvest and thinning generated slash created by the contractor generally less than 12” in size. All piles shall be located in openings away from advanced regeneration and residual trees outside of all drip lines where feasible. All piles will have a burnable moisture barrier approximately 2/3 the distance from the top of the pile where feasible.

Wildlife Clump Designation (WLC): Wildlife Clump Designation: 10% of individual contract units will have wildlife clumps designated by contractor as outlined in A-3.7

Contractor shall furnish all machinery as specified and operator/s with sufficient skill and experience to perform the work as specified. All work will be performed on the Sisters Ranger District, Deschutes National Forest from approximately June 2010 through June 2011.

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-3 PERFORMANCE OF WORK

Thin and handpile small diameter trees on designated units as part of a fuel reduction program.

A-3.1 HAND THIN

(a) Treatment shall include all woody small trees (Ponderosa pine <8”DBH, Juniper <12”DBH), except as noted below, within the project site. Refer to A3.2—A3.5.

(b) 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 shall be limbed, bucked and piled, refer A-3.6.

A-3.2 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-3.3 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

A-3.4 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-3.5 CUT TREE EXECUTION:

(a) Trees to Cut:

(1) All live excess and cull trees over the minimum height and 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 over the minimum height and less than 8 inches dbh, unless otherwise stated in the Detailed Unit Information Sheets.

(3) All ponderosa pines over the minimum height and 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.

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

A-3.6 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.

Hand Pile (HP): This method is for all harvest and thinning generated slash created by the contractor generally less than 12” in size.

(1) Contractor shall Hand pile all activity-created slash

(2) Contractor shall leave juniper bole wood between 8-12dbh and within 200 ft of roadway to the side of pile for firewood collection.

A-3.6.1 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, fire lines, channel bottoms, stream courses, or heritage sites.

A-3.6.2 CONSTRUCTION AND SIZE OF PILES

Hand piles shall be:

(a) Constructed to include slash between 1 and 12 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-3.7 WILDLIFE CLUMP DESIGNATION

(a) Contractor shall be responsible for wildlife clump designation as outlined in A-3.7.1.

(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) 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

(f) Digitized tracks will be furnished and accepted by designated Forest Service representative prior start of thinning operations.

A-3.7.1 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) Thinning operations 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.

(3) Winter deer range closure December 1st to March 31st. Exemption must be approved prior to work commencement. See Detailed Unit Sheets.

(e) Restrictions in place associated with Archeological sites and sites containing TES flora species. These areas designated in blue and white flagging and piling will not occur. Lop and scatter cut vegetation.

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

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

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/Mastication: 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, which 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.

(d) 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

A-8 INSPECTION AND ACCEPTANCE

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 Thin/Pile 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.

EVALUATION CRITERIA:

Price, Availability, Relevant Past Performance, and Community Benefit, will be considered for the “Best Value” evaluation. The order of importance corresponds with each criteria’s preceding order of appearance.

GOVERNMENT FURNISHED PROPERTY:

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

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 01, 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.

USDA FOREST SERVICE R6-FS-6300-52 (5/97)

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 firefighting 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 fire line, 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 power lines.

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…