Solicitation Body AG-0489-S-10-0504 Pages 3-82.doc

MEADOW ENHANCEMENT

HIGH CASCADES RANGER DISTRICT

RECOVERY PROJECT

Table of Contents

DESCRIPTION

Page

1. SCHEDULE OF ITEMS

2. CONTRACT STATEMENT OF WORK

3. CONTRACT CLAUSES

4. SOLICITATION PROVISIONS

5. LIST OF ATTACHMENTS

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

HIGH CASCADES RANGER DISTRICT

ROGUE RIVER-SISKIYOU NATIONAL FOREST

ESTIMATED

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

ITEM UNIT NAME

1. PRE-COMMERCIAL THINNING,

AND BRUSH CUTTING

1.1 LEVEL I

AC.

1.2 LEVEL II

AC.

1.3 LEVEL III

AC.

1.4 LEVEL IV

AC.

1.5 LEVEL V

AC.

1.6 LEVEL VI

AC.

1.7 LEVEL VII

AC.

2. HAND PILING OF SLASH

2.1 Level I

AC.

2.2 Level II

AC.

2.3 Level III

AC.

2.4 Level IV

AC.

TOTAL PRICE ALL ITEMS

NOTE: Handpiling Levels

Level I = 25-50 piles per acre

Level II = 51-75 piles per acre

Level III = 76-100 piles per acre

Level IV = 101 to 125 piles per acre (may include piling of logging slash)

PLEASE ENTER A UNIT PRICE FOR ALL SUB-ITEMS, INCLUDING THOSE FOR WHICH THERE ARE NO ESTIMATED QUANTITIES.

Estimated Acreage per Meadow

Total

STATEMENT OF WORK

GENERAL SPECIFICATIONS

Scope of Contract This project requires tree thinning, slash treatment, and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals except those items, if any, listed as Government-furnished property

Project Location and Description Project maps, showing work sites and work data, are included as attachments.

A.

Location - The location of the worksites are shown on Vicinity and Project Maps of this solicitation. A full map of the Ranger District(s), with project units marked thereon, will be provided to the Contractor at the prework conference.

B.

Accessibility - Most work areas may be reached on Forest roads by standard two wheel drive vehicles. Snow tires and chains may be needed in the winter. Vehicles shall not operate off system roads.

C.

Boundaries - All areas are signed, at locations conspicuous on access road(s), and unit boundaries are flagged with ribbon unless they are obviously defined by physical features, such as streams, roads, or timberline, etc., which are shown as boundaries on the Project Maps.

D. Description - The Project Maps show some of the physical and topographical features of the units, as well as delineating areas within the units which require special work. The information contained in these Maps is intended to be complementary to the Specifications;

however, any conflict between these documents and the Specifications contained in the statement of work, will be resolved by the attachments taking precedence over the statement of work.

Detailed Unit Information A.

Boundaries - All areas are signed, at locations conspicuous on access road(s). Unit boundaries are flagged unless they are obviously defined by physical features such as streams, roads, etc., which are shown as boundaries on the project maps.

B. A detailed unit information sheet will be provided.

Government-furnished Property

Inspection forms for Contractor self-inspection shall be provided to the Contractor prior to start of work. Additional forms will be provided as needed during the course of this contract.

B.

Government-furnished materials will be supplied during normal work hours, 7:00 a.m.

to 4:30 p.m., Monday through Friday.

C. The Contractor shall inform the Government 24 hours prior to a need for Government-furnished materials.

Accessibility A.

Project sites may be reached by Forest roads that are driveable by standard pickup, weather permitting.

B.

No vehicles will be permitted to operate off system roads without approval of the Contracting Officer's Representative (COR).

C.

Roads shown on unit maps indicate access to units and are not to suggest the roads are open within units or for any further travel.

D.

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may:

1. Provide an alternate access route.

2. Delete the inaccessible subitem(s).

3. Substitute similar subitem(s).

Motorized Equipment Use of motorized equipment other than hand-held equipment such as powersaws and brush cutters will not be permitted off designated roads in the project area without approval of the

Contracting Officer or as hereinafter provided.

Contractor Obligations

The Contractor shall:

1.

Provide approved fire equipment, communications and services as required by

Fire Prevention and Suppression form R6-FS-6300-52 (5/97) (SEE ATTACHEMENTS).

2.

Provide transportation, materials (plastic for covering of handpiles and plastic flagging), labor, supervision and equipment required to do the job properly.

3.

Complete all required work on each unit before starting on a new unit, unless otherwise approved by COR.

4.

Provide designated supervisor(s) and quality inspector(s) as required.

Sequence of Work

When pruning and thinning, are specified for the same unit, the Contractor shall complete the pre-commercial thinning prior to pruning, unless otherwise agreed upon in writing prior to start work.

Care of Leave Trees (for thinning, pruning and release)

Work must be performed in a manner which prevents damage to or destruction of leave trees.

Willful or extensive damage to crop trees by the Contractor or Contractor's employees may be considered valid cause for termination of the Contractor's right to proceed, in accordance with the default clause of this contract.

Definition of Damaged Trees

1. Any cuts or bruises to the stem which penetrate the cambium layer.

2. Crown damage of 33% or more.

3. Breakage or severance of the terminal or lateral leader.

4. Trees with cut brush on top of or leaning on them.

Definition of Destroyed Trees

1. Severance of 60% or more of the crop tree's living crown

2. Cut hardwoods greater than eight (8) inches DBH

3. Cut Pacific Yew (Taxus Brevifolia)

Definition of Technical Terms

Thinning - The cutting of trees in excess of those to be left for timber stand management.

Live crown - Living green foliage growing on a tree expressed as a percentage of the tree's total height.

Girdling - A series of cuts, through the bark and cambium tissue, completely encircling the tree trunk, for the purpose of killing the tree.

DBH (diameter breast height) - Diameter of the trunk measured at a point four-and-one-half feet above the ground level on the uphill side of tree.

E.

Manual release - The treatment of vegetation within a specified radius around a leave tree.

F.

Lopping - Severing limbs from cut.

G.

Leave tree – Any conifer or hardwood that is selected or required to be left standing as provided in the specifications.

H.

Excess tree - A tree which the Contractor, contrary to the specifications, has left uncut; has not completely severed from the stump; or left as a hang-up tree; or left with a stump exceeding the specified maximum height; or left not girdled or improperly girdled.

I.

Deficient trees - Those trees cut which should have been left to maintain average spacing requirements; or trees not selected according to the technical specifications requirements; or trees that are excessively damaged by the thinning operation.

J.

Hang-up tree - Any cut tree that leans against or is suspended by an uncut tree.

K.

Fuel break - An area within a thinned unit where thinning slash is removed or treated in order to reduce spread of fire to adjacent areas.

L.

Leave strip - An area within a treatment unit in which no cutting will be done.

M.

Buffer zone - An area within a unit in which special treatment methods are required, in accordance with technical specifications and as shown on project maps.

N.

Slash - limbs, trunks of trees and brush cut during contract work performance.

O.

Cut:

a.

Thinning/release cut: to separate stem completely from stump.

b.

Bucking cut: to separate completely into two or more pieces.

c.

Limb cut: Cuts to remove limbs at the bole, including bucking at the top at the specified dbh limit.

P.

Restricted operating season - The period of time when operations are restricted in an area, for protection of habitat of endangered, threatened and sensitive species of plants or animals.

Q.

Scattering - Moving and rearranging of slash concentrations to reduce the fuel bed height and reduce insect habitat.

R.

Clumps - Madrone or oak with three or more stems within 15 feet of one another.

S.

Riparian area - Area around bogs, seeps, springs, intermittent and flowing creeks.

Technical Specifications for Pre-Commercial Thinning

A.

Definition of Acceptable Leave Trees 1.

Acceptable leave trees shall be:

(a) See species preference in Detailed Unit Information which will be issued at the pre-work conference.

(b) Be at least two feet tall.

(c) Have a good terminal and/or lateral leader with healthy buds.

(d) Have good growth form and be reasonably free of damage and/or disease.

(e) All trees larger than 6 inches dbh shall be left uncut.

B.

Selection of Leave Trees: (for precommercial thinning)

1. All trees greater than 6 inches dbh shall be left uncut.

2. The following tree species will not be manually cut: Aspen, Oregon Ash, white oak, black oak, Brewer’s oak, Juniper, Brewer’s spruce, Sitka spruce, Alaska yellow cedar, pacific silver fir, Engelmann spruce, Pacific yew.

5.

No cut species - (see Unit Data Sheet).

C.

Cutting Guidelines

1. DBH Cut Limit (see Unit Data Sheet) All healthy, damage-free conifer trees over the specified DBH cut limits shall be left uncut and are to be considered acceptable leave trees regardless of spacing requirements.

D.

Cut Tree Treatment

All trees other than leave trees (except as specified below) shall be cut below the lowest live limb except when prevented by natural obstacles. All live limbs below the cutting point shall be removed.

Trees shall be completely severed from the stump. Stump height shall not exceed four inches above ground level or four inches above naturally occurring obstacles. Cut trees shall not lean against or be suspended by uncut trees.

2.

All trees equal or less than 6 inches dbh shall be cut.

3.

All pine slash more than three inches in diameter shall be in contact with the soil.

E.

Felling 1.

Cut trees shall be felled away from unit boundaries, roads, telephone lines, electrical lines, established trails, stock driveways, fencelines, established land corners and other physical improvements. Any trees falling on such areas shall be removed and treated as specified below and elsewhere herein.

2.

If trees are felled across telephone or electrical lines, the Contractor shall immediately notify the utility company, then the COR. Removal of these trees shall be performed at the Contractor's expense and as directed by the utility company.

3.

Removal of felled trees and slash from roads shall be accomplished within half an hour.

4.

Removal of felled trees from trails and stock driveways shall be accomplished within 24 hours.

F.

Hang-Ups

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

G.

Pre-Commercial Thinning Within Riparian Areas

Two conditions are likely to exist. Areas easily identified in advance because of location in a draw, such as a creek, and those areas not easily identified such as a spring or seep on a flat or hillside. Riparian areas around springs, seeps or bogs may not be identified on the maps, flagged on the ground, or be associated with a draw, so the Contractor may not become aware of the wet area until after it is encountered.

Technical Specifications for Brush Cutting

A.

Species to cut (see attachment) 1.

Cut all target vegetation as specified in the list of target brush species listed below unless stated otherwise on data sheet.

1. These species shall not be cut unless otherwise stated on data sheet.

a.

Follow mitigation measures specific to meadow treatments in the Meadow Restoration and Enhancement NEPA.

B.

Cutting Guidelines for Brush Cutting 1.

All target brush vegetation within the Contract units shall be cut to a stump height not to exceed four inches above the ground surface or natural obstacle.

2.

Cut material shall not be left on top of or leaning on leave trees.

3.

Slash shall not be left on roads, roadsides or cutbanks accessible to traffic.

Specifications for Treatment of Slash (Detailed Unit Data Sheet will be provided at the pre-work conference) A.

Bucking - Specified felled trees over eight feet long and two inches in diameter shall be bucked into eight-foot lengths (see unit detail sheet) B.

Lopping - Limbs shall be cut within two inches of the bole of the tree.

Specifications for Slash Hand Piling

1.

Material to be Piled A.

All slash which is one-half inch to six inches in diameter and at least one foot or more in length shall be piled. All slash which falls within the size specifications shall be piled. Slash is defined as all pre-commercial thinning slash, cut brush, and pruned limbs, produced during Contractors operation or slash produced in other ways by other means while unit is in Contractor's "care". Logging slash may be ordered to hand pile and is listed in schedule as a separate item. Size requirements are the same as above.

B.

Material which does not fall within the size limits specified above may be left unpiled; however, attached limbs or tops which fall within the diameter and length limits shall be cut from the greater diameter material and piled.

C.

All slash, including material from snags, that meets the piling requirements, and vegetation that is required to be piled under this contract, that originates in, and falls or rolls outside of unit boundaries, shall be pulled back into the unit and piled and covered.

2.

Pile Construction A.

Piles shall be constructed compactly by aligning individual pieces in the same direction and placing the heavier slash on top. Piles shall have a stable base to prevent toppling. The long axis of individual pieces shall be oriented up- and down- slope. Protruding pieces shall be trimmed to allow covering in a manner that permits the piles to shed water.

B.

All piles shall be as compact as possible and free of non-combustible material. Height shall be no less than four (4) feet and no greater than six (6) feet. Width shall not exceed six (6) feet.

C.

Material in excess of six (6) feet in length must be bucked to six (6) feet or less before piling. All material shall be contained within the general contour of the pile. Material extending over two feet beyond the pile shall be bucked off and placed in the pile. Cut vegetation will be bucked into three-foot lengths to facilitate compact handpiling to create a piling spot. Live, brushy vegetation shall be cut only if it makes the handpile more compact, aids access to slash, and will create open areas for handpile locations.

3.

Pile Location

Unless specifically approved by the Contracting Officer or COR, piles shall be located so that later burning will not damage standing green trees, reproduction and seedlings. Piles shall not be placed on or adjacent to tree stumps, snags, or within eight feet of downed logs. Piles shall not be placed under overhanging limbs.

If conditions make it impractical to locate piles to avoid damage to live trees, a space shall be cleared, and all material shall be piled in the cleared area. Alternate piling sites must be approved by the COR.

Piles shall not be located on road surfaces, in ditches and channel bottoms, on downed logs or stumps.

C.

If no open space is available, handpiles will be permitted to be constructed on stumps or downed logs with COR approval.

D.

The Contractor may be required to move slash up to a distance of 30 feet to ensure protection of standing green trees. This may result in locating slash piles beyond the area in which slash was previously located.

4.

Pile Covering A.

Contractor supplied plastic (4 mil thick , 10 feet wide), shall be placed on all piles so that the pile will be at least 80% covered.

B.

Plastic shall be secured on piles by placing 20 percent of total material piled on top of plastic. It shall be placed so as to provide the best protection from rain and snow, and the best cover for later ignition.

C.

All unused/cut plastic shall be carried out of the unit if no longer needed to cover piles.

INSPECTION AND ACCEPTANCE

General Contract Inspection Responsibility The Contractor shall conduct inspections for the cutting of materials less than 6 inches dbh.

Contractor's Inspection Requirements Contractor Inspection Procedures - Precommercial Thinning

(a) The Contractor shall provide and designate a quality inspector(s).

(b) Inspection for work quality will involve inspection of a series of plots uniformly and unbiasedly distributed over each subitem sufficient to yield at least a two-percent sample. Plot size will be 1/50th acre plots, (16.7-foot radius) on a horizontal plane, one plot per acre. Plot centers will be marked with flagging.

Inspection Results

(a) Contractor inspection results shall be available for review by the CO or COR at the completion of each work day for the items treated that day. Completed inspection sheets shall be delivered to the CO or COR within 48 hours upon completion of each pay item and will remain a part of the permanent Contract file.

(b) The Contractor shall turn in legible inspection sheets. Illegible and incomplete sheets will be returned to the Contractor for correction and resubmittal to the CO or COR before Government verification inspections will be performed. The Contractor shall be held accountable for the delay, if any, of Contract time. The Government may choose to terminate Contractor's right to proceed with the work if inspection sheets are not returned in a timely manner.

(c) By submission of the inspection sheets to the Government, the Contractor is considered to be certifying that the subitem:

(1) Work was completed in accordance with the specifications and provisions stated in this contract.

(2) Inspection sheets reflect the work accomplished on each subitem inspected.

(3) In the event the Contractor falsifies inspection results, the Government may elect to terminate the Contract in accordance with the Default clause of this Contract.

Government Verification Inspection

The Government may conduct verification inspections to determine acceptability of Contractor's inspection results, and in the event that Contractor's inspection is unacceptable, (verification inspection results differ from Contractor's inspection results by more than five percentage points) the basis for calculating Contractor's work quality percentage and acceptability of work performed.

The Contractor or a designated representative is welcome to observe the Government verification inspection procedures while they are in progress.

Verification Inspection Procedure If a verification inspection is performed, the Government will use the same methods and procedures as specified for the Contractor's inspection, except for the difference stated below:

(a) Each sub-item will be verified separately, and inspection results of one sub-item will not be averaged with results from other subitems.

(b) The number of plots taken shall be at least twenty percent of the number of plots the Contractor is required to accomplish. The plots selected shall not include any portion of plots inspected by the Contractor.

(c) The Contractor's inspection results shall be used for acceptance and payment basis when the difference between the Contractor's inspection results and Government verification results is less than or equal to five percentage points. The Government verification results shall be used when this difference is greater than five percentage points.

Brushcutting Procedures for Contractor’s Inspection In order to inspect work completed in a manner acceptable to the Government, the Contractor shall have the following equipment and supplies available at the prework:

a.

50 foot loggers tape b.

Clinometer(% slope) or abney level c Diameter tape or caliper d.

Bright colored flagging(red, pink, yellow or orange), sufficient in quantity to inspect the entire contract.

e.

Felt pens(permanent ink)

The absence of this equipment at the prework meeting may delay the start of work.

A. The Contractor shall inspect wildlife and riparian habitat improvement and manual release in the following manner to determine compliance with specifications and to provide the basis for computing quality of work. Sample plots shall be located throughout the subitems to obtain a representative sample of the work. Each subitem shall be inspected separately and inspection results on one subitem shall not be averaged with those of other subitems.

Plot Procedure A.

One plot per acre.

B.

Plot size shall be 1/50 acre, as corrected for the slope. Within the plot, measurements (between leave or crop trees, release radius) shall be on the horizontal plane. Inspection within each plot shall be as follows and the sequence in which these steps are done may vary.

1.

Locate plot center on the ground. Flagging shall be used to mark plot center on the ground. A second flag approximately 24 inches in length, with the plot number and date written in permanent ink, shall be tied in a conspicuous place to help in locating the plot center.

2.

Record the number of conifers on plot meeting contract specifications for release.

3.

Record the number of un-satisfactorily released conifers.

4.

Record the number of satisfactorily released conifers.

5.

Record in remarks column the code for discrepancies found on plot from list below:

(a) Insufficient radius of release.

(b) Conifers cut or damaged during release.

(c) Cut brush covering or leaning against leave trees.

(d) Stump height exceeds contract specifications.

(e) Live branches below cut stump.

C.

Total all the numbers in all columns on plot card.

Compute the release quality by the following formula:

Release = Satisfactory released conifers X 100

Quality No. of Conifers Meeting Release Specs.

2.

Plots shall be taken concurrent with the work being performed. All work completed shall be inspected by the end of the work day.

B.

The Contractor's written inspection shall be current and available to the Government for examination when the Government visits the Subitem.

C.

The Contractor shall submit legible plot cards (Exhibit A). Upon completion of a subitem the final inspection quality percentage shall be calculated and written on the plot card. The plot card shall be signed by a designated Contractor's representative. Illegible and incomplete plot cards will be returned to the Contractor for correction.

D.

By submission of the completed plot cards to the Government, the Contractor is considered to be certifying that the unit is:

1.

Satisfactorily completed.

2.

Slash Treatment was completed in accordance with the contract provisions stated elsewhere in the contract.

3.

Plot cards reflect the work accomplished.

E.

In the event the Contractor falsifies inspection results, as determined by the Contracting Officer, the Government may declare the Contractor to be in default of the contract. Additionally, the Government may refer such falsification to the U. S. Attorney's Office for possible prosecution pursuant to 18 U.S.C. 1001 (Falsification of Government Documents) or U.S.C. 287 (Fraud).

Government Verification and Acceptance A.

The Government will conduct verification inspections to determine compliance with specifications. Each subitem will be verified separately and inspection results on one subitem will not be averaged with those of other subitems. Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive. The Contractor or a designated representative is encouraged to observe inspections while they are underway. Government verification inspection will be a 1% sample and will otherwise be identical to the Contractor's inspection procedure in E-4. At the discretion of the Government the plot size used for verification inspections may be varied or a visual inspection may be employed. When a visual inspection procedure is used, the Contractor’s inspection quality will be accepted for payment. Verification inspection of a subitem may be performed concurrent with thinning or manual release.

B.

Unsatisfactory Treatment

If inspections reveal unsatisfactory performance, the COR or Inspector will immediately notify the Contractor by a written Notice of Noncompliance or Work Order. Future treatment must be raised to an acceptable standard within 3 workdays after the receipt of a Work Order, otherwise the contract will be considered to be in default and the Contractor's right to proceed may be terminated.

C.

Rework and Inspection After Rework

When inspection results are below 85 percent, and excess trees or hardwood brush as in the case of manual release, contribute significantly to the lower inspection percentage, payment will not be made until rework has been performed (see definition of Excess Tree in the SOW). Nonconformance with specifications for slash treatment will also require rework. Rework must be accomplished as soon as practical after the Contractor's has been informed by the Government that rework is required. Reinspections after rework will be made in the same manner as the first inspection but on different plots. The Contractor shall pay for additional Government verification inspections necessitated by the rework.

Reinspection Upon Contractor Request

If the Contractor disputes the Government verification, the Government will reinspect. The same procedure will be used, but the inspection pattern will be shifted. Only one verification reinspection will be performed on each subitem. Requests for reinspection must be made in writing, within 5 days of notification by the Government that verification inspection has been completed.

a.

If the Government reinspection results are within 5 percentage points of the original Contractor's inspections, pay will be based on the Contractor's inspection. The Contractor will not be billed for the Government inspection costs.

b.

If the Government reinspection results are greater than 5 percentage points from the original Contractor's inspections, pay will be based on Government reinspection results, but the Contractor shall bear the Government inspection costs.

Government Inspection of Slash Treatment Acceptance will be determined by the COR or designated inspector by a comprehensive visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Technical Specifications. Nonconformance with any of the Specifications will classify the treatment as unsatisfactorily, and rework will be required to bring the treatment up to specification standards.

Reinspection Upon Contractor Request (all saw work) A.

If the original verification inspection results are unacceptable to the Contractor, a reinspection may be requested. Requests for reinspection shall be made in writing within five days after receipt of the initial inspection results. The same inspection procedure will be used. Plot locations will be different.

B.

Payment of reinspection by Contractor - if the results of the reinspection rounded to the nearest whole percent are within five percentage points of the Government's original inspection results, the Contractor shall pay the actual cost of the reinspection.

Inspection of Contractor's Rework A.

When inspection results are below 90 percent, payment will be made at the actual inspection percentage of rework.

B.

Reinspections after rework will be made in the same manner as the first inspection but on different plots. Acceptance and payment will be based on inspection results of the rework.

C.

Rework will be allowed a maximum of one time on a pay item.

Unsatisfactory Work A.

If the verification inspection or the reinspection shows the percentage of satisfactory work to be below 90%, the COR may permit the Contractor to rework the sub-item in order to achieve a higher percentage unless poor quality resulted from damage to leave trees. Rework must be requested in writing by the Contractor and must be accomplished within the time period specified in the SOW. Rework, if allowed, will be a maximum of one time. Rework will be completed prior to moving to another work area. If the verification inspection or reinspection shows the percentage of satisfactory work to be below 70%, rework will be required. No payment will be made until rework is completed and the percentage is raised above 70%. In the event that damage to trees is the cause of poor quality, the Contract may be terminated for default in accordance with the default clause of this Contract.

Slash Handpiling Inspection A.

The COR or a designated inspector will make periodic inspections while work is in progress, usually daily at first, to assure that work is proceeding satisfactorily.

B.

Acceptance of the work will be determined by visual inspection of each unit in the Contract area. Acceptance of the work will be based upon adherence to the specifications. Non-conformance with specifications will classify the area as unsatisfactory, and rework will be required to bring work up to an acceptable level. All rework, voluntary or ordered, will be done at the Contractor's expense.

C.

Areas found during inspections to require work, but in which contractor has not already worked will not be considered rework.

Prosecution of Work (a) Work shall be scheduled to provide completion of segments on a daily basis unless otherwise herein provided.

(b) A work schedule shall be prepared by the Contractor based on priorities provided in the Contract unless superseded by the Contracting Officer in advance of work by work order.

(c) The Contracting Officer may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

(d) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel and equipment during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site.

(e) The Contractor will not be allowed to start work under this Contract unless and until proof is shown that Contractor possesses a valid Oregon farm/forest labor contractor license. Nor shall any Subcontractor be allowed to start work under this Contract unless he or she also possesses a valid license. If such proof is not provided by the anticipated start work date or the date that the Contract sites are available for work to begin, whichever is later, the Contractor will be subject to termination for default for failure to comply with clause 52.236-7, Permits and Responsibilities, contained in the clauses portion of the contract.

(f) The Government contract time will start on the date specified on the notice to proceed, if hand delivered, or the first day after the Post Office has issued a notice of certified mail to the Contractor, or when work commences, whichever is sooner. Failure of the Contractor to pick up certified mail will not be considered an excusable delay.

Designation of Contracting Officer's Representative

The Contracting Officer hereby designates the below-named individual(s) as the Contracting Officer's Representative(s) (COR):

COR’s will be designated at time of contract award.

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

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

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

Prework Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss Contract terms and work performance requirements, work progress schedule, and fire prevention and suppression plans. The meeting will be held at the Forest Service District or Supervisor's Office where work will be performed unless otherwise agreed. The Contractor's designated representative(s) shall attend the prework conference.

Contractor's Representative

The Contractor's designated representative shall be conversant in the English language. A Contractor's Representative who does not possess the ability to communicate with Government representatives, orally and in writing, will not be acceptable to the Government and may be cause for the Government to suspend Contractor's right to proceed until a suitable Contractor's Representative is designated.

Definitions of Contract Administration Terms 1.

Contracting Officer (CO) - The person executing this Contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

2.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in Statement of Work of this contract or in a letter of designation issued by the Contracting Officer.

3.

Inspector - The person(s) appointed in writing by the COR to conduct and document inspections according to Contract specifications and provisions. The inspector's authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Non-compliance.

4.

District Ranger - The person responsible for administration of a ranger district, including his or her authorized representative.

5.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

6.

Work Order - an order written by the COR, which directs the Contractor to correct deficient performance. May also be used to document acceptable completion of work units and to approve starting on additional work units.

7.

Notice of Noncompliance - A written notice from the Inspector which documents, for the Contractor's attention, specific performance deficiencies.

8.

Contract Item - A pay item designated on the bid schedule and described by a specification.

9.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor's employees and employment practices.

10.

Specifications - That portion of the Contract comprising a description of the general and technical requirements for material, products or services to be furnished under the Contract.

Measurement and Payment

A.

Measurement

The acreages were measured on the horizontal plane within the established boundaries.

B.

Remeasurement 1.

The Contractor may at any time after award request remeasurement of any treatment area. This request must be made in writing. Remeasurement will be made within the established boundaries.

2.

If remeasurement indicates a variance of five percent or less, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acreage as stated in the Schedule of Items.

3.

If remeasurement indicates a variance greater than five percent, payment will be based on the remeasured acreage, and the Government will pay for the remeasurement.

C.

Basis of Payment

1.

Calculation of Payment for Saw Work - Brush Cutting a.

After inspection of completed acreage, the Contracting Officer will calculate the pay rate. The pay rate will be calculated by multiplying the inspection percentage times the Contract unit price per acre.

b.

When the percent of satisfactory work is 90 percent or greater, payment will be made at the Contract unit price.

c.

When the percent of satisfactory work is between 70 and 89 percent, payment will be made at the actual inspection percent multiplied by the Contract unit price, unless rework is done, which would require another Government inspection and calculation for payment.

d.

If the percent of satisfactory work is below 70 percent, and rework could not bring the percentage above 70 percent, then the Contract will be considered in default, and the Contractor's right to proceed may be terminated.

2.

Calculation of Payment for Thinning

a. If the final inspection percentage for a subitem is 95 or above, payment will be made at 100 percent of the subitem unit price.

b. If the final inspection percentage for a subitem is below 95 percent, payment for that subitem will be based on the actual quality percentage earned.

c. If the final inspection results for a subitem are below 85 percent and rework is required, payment will not be made until the rework is complete.

d. If the inspection results for a pay item fall below 80 percent, and rework could not bring the percentage above 80 perccent, the contract will be considered in default and the Contractor’s right to proceed may be terminated.

If Government verification differs greater than 5 percentage points of the Contractor’s inspections, the Government will base payment on the Government verification inspection results.

3.

Calculation of Payment for Slash Treatment

Slash treatment, if required, and if provided as a separate pay item, will be paid at the Contract unit price for accepted units. If slash treatment is required by the specifications, but no separate pay item is provided, it shall be considered incidental to the thinning operation, and no separate payment will be made.

4.

Calculation of Payment for Slash Handpiling

Payment for each pay item satisfactorily treated will be by the acre at the rate shown on the Schedule of Items.

SPECIAL CONTRACT REQUIREMENTS

The following clauses are applicable:

Contractor's Representative

Requirements Related to Vegetation Management Projects

Personal Protective Equipment

Contractor’s Representative

The Government, may at its option, suspend work with full count of contract time continuing if the Contractor fails to provide a foreman conversant in the English language and able to read and understand the Contract.

Requirements Related to Vegetation Management Projects (4/92) a.

Applicability

In accordance with the Final Environmental Impact Statement (FEIS) for "Managing Competing and Unwanted Vegetation in the Pacific Northwest Region," several requirements are being implemented under our Contract that involve vegetation management. This contract involves work that falls within coverage of the FEIS, and therefore requires compliance with applicable provisions below. These requirements apply to all vegetation management projects within coverage of the FEIS, whether accomplished by manual, mechanical, prescribed fire, biological or herbicide methods.

b.

Reports and Notice Requirements 1.

The Contractor shall prepare and submit, after work is completed but prior to final payment under this Contract, a report which includes:

A.

The vegetation management treatment method used;

B.

Names of each person who worked on the project, their assignment, training received, dates of actual work, and a list of the protective clothing and equipment used;

C.

Details of all exposure incidents, accidents and/or worker health complaints, if any occurred;

D.

If the project involves use of herbicides, the exact identity of the product used, its formulation, manufacturer, mixture and method of application; and E.

If the project involves use of herbicides, a certification that the health information required by the ROD as amended was provided to all employees in a language they could understand.

PERSONAL PROTECTIVE EQUIPMENT

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

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

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

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

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

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

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

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

CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon…