Solicitation AG-0489-S-10-0506.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 63

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 406984

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

DATE

AG-0489-S-10-0506

DATE

June 8, 2010

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

7. FOR SOLICITATION SHIRLEY COCHRAN calls)

503-668-1445

LOCAL TIME

June 25, 2010

INFORMATION CALL: 4:00 PM PT

9. ISSUED BY CODE 10. THIS ACQUISITON IS

US FOREST SERVICE UNRESTRICTED OR SET ASIDE: 100 % FOR

EROC NORTHWEST SMALL BUSINESS EMERGING SMALL

BUSINESS

16400 CHAMPION WAY

SANDY OR 97055

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $17.5 OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

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

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA FOREST SERVICE

EROC NORTHWEST

16400 Champion Way Sandy, OR 97055

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

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

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

TAS::12 1118::TAS - RECOVERY: SPARKY HAZARD TREE

FELLING

DESCHUTES NATIONAL FOREST BEND/FORK ROCK

RANGER DISTRICT – THIS REQUEST IS UNDER THE

PROVISIONS OF THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009

NOTE: FAX and Email Responses will not be accepted

Technical Contact: James Summers 541-383-4778

541-480-4140/cell

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

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

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

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

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

SPARKY HAZARD TREE FELLING/FUELS PAGE 2 of 63

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Area 1 Hazard Tree Felling

Area 2 Hazard Tree Felling

Area 3 Hazard Tree Felling

Area 4 Hazard Tree Felling

Area 5 Hazard Tree Felling

Continuation of SF-1449 Block 27:

The full text of a clause or provisions may be accessed electronically at: www.acquisition.gov/far

1/10 of Mile

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV.3/2005) BACK

SPARKY HAZARD TREE FELLING/FUELS PAGE 3 of 63

Each item will be evaluated separately for award. Multiple awards may be made. Offerors may limit their offer to a minimum or maximum dollar amount. Indicate any limitations below:

My offer is limited to a minimum of ___ Items, and a maximum of ____ Items.

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.

Vendor Name: Phone

Signature: Phone

Address: Fax

City, State, Zip: Email

TIN# Duns#

MSAWPA Registration Number:

Oregon Farm / Forest Labor Contractor License:

ORCA – Online Representations and Certifications current

Yes: _____ No: _____

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

Identify the Project Manager and percentage of time committed to on-the-ground management for this project http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml http://www.dol.gov/whd/forms/fts_wh530.htm http://www.ccr.gov/ http://orca.bpn.gov/ http://www.vets100.cudenver.edu/

SPARKY HAZARD TREE FELLING/FUELS PAGE 4 of 63

TABLE OF CONTENTS

1. SF1449 – SOLICITATION FOR COMMERCIAL ITEMS

2. TABLE OF CONTENTS

3. CONTRACT SPECIFICATIONS, PLANS, EXHIBITS, AND ATTACHMENTS

4. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

ADDENDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES

ARRA Required FAR Clauses: 52.203-15; 52.204-11; 52.215-2

5. FAR 52.215-5 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

Full Text Far Clauses o FAR 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements o Supplement to FAR 52.222-42 Statement of Equivalent Rates for Federal Hires o FAR 52.222-54 Employment Eligibility Verification. (Jan 2009) o AGAR 452.219-70 Size Standard and NAICS Code Information o FSAR 4G52.222-701 Employment of Eligible Workers o FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural

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

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

6. 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

SPARKY HAZARD TREE FELLING/FUELS PAGE 5 of 63

CONTRACT SPECIFICATIONS, PLANS, EXHIBITS AND ATTACHMENTS

Performance Period Requirements

Contract Administration

Detailed Specifications

Scope of Contract

Location and Description

Contractor Obligations

Control of Work

Technical Requirements

Fire Measures

Inspection and Acceptance

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

Detailed Information Sheet

Fire Measures – (Separate Attachment)

Vicinity and Areas Map – (Separate Attachment)

Appendix D – Road Maintenance Drawing (Separate Attachment)

SPARKY HAZARD TREE FELLING/FUELS PAGE 6 of 63

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 November 15, 2010. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin Approximately September 8, 2010. NOTE: Bid

Items 1, 2, and 3 may have a start date of October 1 if Bird Restrictions are in affect.

CONTRACT ADMINISTRATION DATA

(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 o ft the designation will be furnished to the Contractor before or at the pre-work conference.

The Contractor is cautioned to ready the COR designation because certain authority under the contract is reserved solely to 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) CONTRATRACTOR‘S REPRESENTATIVE. Any representative of the contractor shall be designated in writing. The designation shall clearly indicate the name and limitation of authority, if any, of the representative.

CONTRACTING OFFICER’S REPRESENTAITVE

Name: James Summers Telephone Number: (541) 383-4778

GOVERNMENT FURNISHED PROPERTY:

Description Location Remarks

A GIS shapefile of work areas compatible with a

Trimble Geo XM or better, field GPS unit.

Bend/Fort Rock R.D.

Trimble GPS units are available for rental from http://www.elecdata.com/

CONTRACT SPECIFICATIONS (STATEMENT OF WORK)

C-1 SCOPE OF CONTRACT

It is the purpose of this solicitation to secure the services on the Bend/Fort Rock Ranger District for the hand felling of hazard trees adjacent to 16.8 miles of road. Work includes the hand felling of both snags and live trees that are deemed a hazard. In the five (5) areas, all designated snags and/or trees within either 125 feet or 165 feet from the outside edge of the road surface shall be felled (see attached maps). Contractor shall be responsible for the coordination between their fallers/workers and the State and/or County agencies that shall provide traffic control in the work areas. Traffic control may include flaggers, pilot cars and/or the closing down of portions of the highway while work is in progress. The State and/or County shall determine the proper method of traffic control. Offeror shall coordinate his/her work schedule and timeline with State or County officials.

SPARKY HAZARD TREE FELLING/FUELS PAGE 7 of 63

Offerors are encouraged to tour and personally evaluate work requirements and conditions. Only by a physical inspection of the work areas can the offeror become aware of existing conditions. Because of snow conditions, access to work areas may be limited until late May or early June.

C-2 LOCATION AND DESCRIPTION:

(A) Project Location: Work area is located on the Bend/Fort Rock Ranger District, Deschutes National Forest.

Project area is located along Forest Road 46(Century Drive), between mile marker 17 (near ODOT sanding shed) and 34 (near the south end of Elk Lake)

(B) Accessibility: The project area may be reached by State, County and Forest roads that are accessible by standard pickup during the normal operating season. The Forest Service assumes no obligation to plow snow or to perform special maintenance to keep roads open.

(C) Boundaries: The boundaries are from the edge of the road surface, out 125 feet or 165 feet in a perpendicular direction from the road. The beginning and ending of the work sections/areas are posted with signs stating ―Entering Sparky Hazards‖ or ―Leaving Sparky Hazards‖.

C-3 CONTRACTOR OBLIGATIONS:

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

(A) Contractor shall be responsible for ensuring all personnel have and use appropriate Personal Protective

Clothing and Equipment to safely perform the described work. Contractor shall be responsible for ensuring the Personal Protective Equipment is operable and maintained in good repair throughout the duration of the contract. The contractor shall provide a safety plan as part of their proposal.

(B)Contractor is responsible to remove any traffic hazards resulting from their operations. (see C-9 CRITICAL

TASKS AND SUBTASKS (A)(2)

(C)Contractor is responsible for the repair of any damage to property (road surface, drainage device, road signs or other improvements) and to persons, including third parties that are caused by their operations, either directly or indirectly.

(D)Contractor shall certify that fallers are sufficiently trained and qualified to complete operations in a safe and timely manner. The contractor shall provide, as part of their proposal, the government with resumes which document each fallers training and experience. The government reserves the right to verify training and experience at any time for all fallers.

(E)Contractor is responsible for all coordination between their work crews and the State or County road crews on daily and weekly work schedules and times of operation. State and County personnel shall provide and control the traffic control operations through the work areas; however it shall be the contractors‘ responsibility to ensure they have State or County traffic control personnel at appropriate times to ensure the safety of the traveling public.

SPARKY HAZARD TREE FELLING/FUELS PAGE 8 of 63

C-4 CONTROL OF WORK:

(A)Project work may be done any time during the term of the contract, except under the following conditions:

(1)Weather predictions indicate a hazardous fire condition warranting curtailing of operations as specified elsewhere in the contract (see Fire Protection and Suppression Clauses).

(2)Seasonal operating restrictions for active eagle nests within ¼ mile of treatment areas are in effect from

January 1 through August 31. For other raptors the operating restrictions are from March 1 through August

31. For Spotted Owls the operating restrictions are from March 1 through September 30. See Detailed Unit

Information Sheet for list of affected areas, if any. If a new nest site is discovered, operating restrictions would apply.

(B)All snags/trees shall be felled away from the road and other improvements. Any tree/snag, or part thereof, that lands on the road or within the right-a-way clearing area (see appendix D) shall be removed and placed out of the right-a-way clearing area. Any equipment needed for removal of material shall be rubber tired.

(C)All stumps shall be angled away from the road so as not to be easily visible from the roadway after tree/snag has been felled. Stump heights shall be less than 6 inches.

(D)In order to prevent the spread of noxious weeds, all vehicles shall be cleaned off prior to entry onto Forest

Service lands. Removal of all dirt, grease, and plant parts that carry noxious weed seeds or vegetative parts is required and may be accomplished with a pressure hose. In addition, the Contractor‘s vehicles shall be cleaned prior to all subsequent moves if operations have been in an area known to have noxious weeds. The

COR shall inspect all vehicles prior to use and shall give written notice of vehicle passing such inspection.

(E)Contractor‘s vehicles shall remain within the right-a-way clearing zone at all times. Contractor shall not create any new access points outside the right-a-way clearing area. Contractor vehicles shall not create a hazard to motorist traveling through the area.

(F)The government reserves the right to prioritize the order in which sections or areas are treated.

C-5 CUT TREE EXECUTION

See Detailed Information Sheet for list of designated snags/trees to cut for each bid item area. All designated material located within 125 feet or 165 feet from the outside edge of the road surface, shall be cut according to specifications.

Contractor shall avoid damaging green trees during the felling operations.

No hang-up snags/trees shall be allowed. If the contractor hangs a cut snag/tree up in a green tree, they shall make every effect to remove it in its entirety without damaging the green tree. If the green tree must be felled to remove the hazard, the contractor shall contact the COR for approval prior to cutting the green tree, unless leaving it in place for an extended period would create a public or worker safety hazard.

SPARKY HAZARD TREE FELLING/FUELS PAGE 9 of 63

C-6 MEASUREMENT

Distance will be measured by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to the road centerline.

C-7 CONTRACTOR QUALITY CONTROL PLAN

The contractor shall provide a written Quality Control Plan as part of their proposal that is satisfactory to the

Government describing how the contractor shall control the work quality and document inspection results for this contract. Contractor shall conduct ongoing quality control inspections in accordance with the approved plan. Inspections shall be maintained concurrent with contract work. Contractor is responsible for quality control.

C-8 GOVERNMENT QUALITY ASSURANCE

The Government may make periodic inspections while work is in progress. After completion of all work, the government may also inspect to determine compliance with performance standards and acceptable quality levels. Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive.

C-9 CRITICAL TASKS AND SUBTASKS

(A) Hazard Tree Felling:

(1)All designated material located within 125 feet or 165 feet from the outer edge of the road surface shall be felled. All felled snags/trees shall be felled away from the road and other improvements.

(2)Any snags/trees or parts thereof falling onto the road or into the road ―right-a-way clearing‖ (see appendix D) shall be removed and placed outside the right-a-way clearing zone. The material shall be removed within 15 minutes. Note: Some snags/trees are large and if felled onto the road or into the road

―right-of-way clearing‖, equipment may be necessary to remove it. Any equipment used must be rubber tired. If material is removed by dump truck, Forest Service will provide a dump location (Todd Lake Cinder

Pit #1001).

(3)All stumps shall be angled away from the road so as to not be easily seen from the roadway. Stump height shall be no more than 6 inches high unless a natural obstacle blocks the cutting at that height. In these cases, the stump height shall be no more than 4 inches above the natural obstacle.

SPARKY HAZARD TREE FELLING/FUELS PAGE 10 of 63

C-10 PERFORMANCE REQUIREMENTS SUMMARY

Requirement Task or Subtask Quality Standard Acceptable Quality

Level

Method of

Monitoring Incentives/Disincentives

Removal of Roadside

Hazards

Hand felling of designated standing dead and live trees

All designated material within 125 or 165 feet of the outside edge of road surface shall be felled

No deviation from standard

Review contractors inspections and periodic on-site reviews

Rework required if snags/trees are missed. A positive or negative performance evaluation upon completion of contract

Cleanup/removal of material landing on road or in the

―right-a-way clearing zone‖

Any felled material landing on the road or in the ―right-a-way clearing zone‖ shall be removed within 15 minutes

No deviation from standard

On-site reviews

Suspend work order if more than two

(2) incidents recorded.

Corrective actions necessary before restart issued.

A positive or negative performance evaluation upon

Stump direction and heights

All stumps cut facing away from the roadway and heights less than 6 inches or 4 inches above natural obstacles

90%

Review contractors inspections and periodic on-site reviews

Rework required if stumps facing roadway or heights exceed standard. A positive or negative performance evaluation upon

INSPECTION AND ACCEPTANCE

CONTRACTOR INSPECTION PROCEDURES

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

(a) Definition: ―Services,‖ as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

SPARKY HAZARD TREE FELLING/FUELS PAGE 11 of 63

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default

The following attachments are made a part of this solicitation and any resultant contract(s).

Title Pages

Service Contract Act Wage Determination 1977-0079 Revision 39 - Oregon 3

Detailed Information Sheet 1

Attachment 1 - Fire Measures (Separate file) 7

Attachment 2 - Vicinity and Areas Maps (Separate file) 12

Appendix D – Road Maintenance Drawing (Separate file) 1

SPARKY HAZARD TREE FELLING/FUELS PAGE 12 of 63

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

Forestry and Land Management Services

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

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

| WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1977-0079

Director Determinations | Revision No: 39

| Date Of Revision: 11/30/2009

State: Oregon

Area: Oregon Statewide

**Fringe Benefits Required Follow the Occupational Listing**

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

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 14.23

08040 - Choker Setter 14.33

08070 - Faller/Bucker 25.30

08100 - Fire Lookout 13.76

08130 - Forestry Equipment Operator 16.62

08160 - Forestry/Logging Heavy Equipment Operator 16.62

08190 - Forestry Technician 18.33

08200 - Forestry Truck Driver 14.55

08250 - General Forestry Laborer 11.47

08280 - Nursery Specialist 19.06

08310 - Slash Piler/Burner 9.15

08340 - Tree Climber 9.15

08370 - Tree Planter 12.89

08400 - Tree Planter, Mechanical 12.89

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

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

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

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther

King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor

Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4174)

** UNIFORM ALLOWANCE **

SPARKY HAZARD TREE FELLING/FUELS PAGE 13 of 63

If employees are required to wear uniforms in the performance of this contract

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

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

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the

Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that

Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

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

SPARKY HAZARD TREE FELLING/FUELS PAGE 14 of 63 initiated by the contractor prior to the performance of contract work by such unlisted clas(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

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

The process for preparing a conformance request is as follows:

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

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

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, Employment Standards Administration, U.S. Department of

Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

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

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

6) The contractor informs the affected employees.

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

When preparing a conformance request, the "Service Contract Act Directory of

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

SPARKY HAZARD TREE FELLING/FUELS PAGE 15 of 63

DETAILED INFORMATION SHEET SPARKY HAZARD TREE FELLING (Sparky Fuels)

Area

1/10‘S

OF

MILES

TREATMENT

AREA

WIDTHS

COORDINATING

AGENCY

DESIGNATED

CUT

MATERIAL REMARKS

1 31

125 AND 165

FEET

COUNTY

All Lodgepole

Pine Snags. All blue marked snags/trees.

Area runs approximately from the south end of Elk Lake north to the junction of road accessing

Quinn River Horse Camp.

Possible Bird Restriction until

October 1.

2 24 125 FEET COUNTY

All Lodgepole

Pine Snags. All blue marked snags/trees.

Area runs from road accessing

Quinn River Horse Camp north to the road that enters Devils

Lake Recreation Site. Possible

Bird Restriction until October 1.

3 48

125 AND 165

FEET

COUNTY

All Lodgepole

Pine Snags. All blue marked snags/trees.

Area runs from Devils Lake

Recreation Site road to junction of the Todd Lake access road.

Possible Bird Restriction until

October 1.

4 17 125 FEET COUNTY

All standing dead and blue marked trees.

Area runs from Todd Lake access road to the gate near junction of road 46 and Mt.

Bachelor Ski area.

5 48

125 AND 165

FEET

STATE(ODOT)

All standing dead and blue marked trees.

Area runs from gate near the junction of road 46 and Mt.

Bachelor Ski area down to the

ODOT sand storage shed.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. 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

SPARKY HAZARD TREE FELLING/FUELS PAGE 17 of 63

(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.

SPARKY HAZARD TREE FELLING/FUELS PAGE 18 of 63

(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 finding a debt is due under the contract.

SPARKY HAZARD TREE FELLING/FUELS PAGE 19 of 63

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;

or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

SPARKY HAZARD TREE FELLING/FUELS PAGE 20 of 63

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor‘s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

SPARKY HAZARD TREE FELLING/FUELS PAGE 21 of 63

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with

Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government‘s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day‘s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

SPARKY HAZARD TREE FELLING/FUELS PAGE 22 of 63

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims

(see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the

CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-

5757.

(End of Clause)

ADDENDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES

ARRA Required FAR Clauses: 52.203-15; 52.204-11; 52.215-2

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a)…