b.final_solicitation.doc

Sundry Stewardship Page 1 of 77

Integrated Resource Service Contract (IRSC) Construction OMB Approved No. 9000-0006

UNDER DPAS (15 CFR 350)

NO.

8. ADDRESS OFFER TO (If other than Item 7)

Wallowa Whitman National Forest

1550 Dewey Avenue

Baker City, OR 97814

Wallowa Whitman National Forest – AQM

PO Box 907

Baker City, OR 97814

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

Jim Chandler, Technical (541)523-1342

(541)742-6713

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

FACILITY

AND

OFFER (Type or Print)

ADDRESS

OF

OFFEROR

code)

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETION

10 U.S.C. 2304 (c) (

41 U.S.C. 142(c) (

Albuquerque Service Center, Payments – Miscellaneous

101B Sun Ave NE

Albuquerque, NM 87109

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

PREVIOUS EDITION NOT USABLE

Prescribed by GSA

FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

Whitman Ranger District

Wallowa-Whitman National Forest

Baker County

B.1

SCHEDULE OF ITEMS :

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B-1, Base and Option Work Activities and B-2, Timber Removal Price Schedule.

SUMMARY SCHEDULE OF ITEMS – Complete item pricing on following Schedule B pages.

2.0

2.0a 2.0b Slash Treatment

Hand Piling

Machine Piling

4.0

Installation of erosion control structures

7.0

8.0

8.0a 8.0b Thinning

Slash Treatment

Hand Piling

Machine Piling

THE CONTRACTOR IS HEREBY NOTIFIED OF REPORTING REQUIREMENTS PER CLAUSES INCLUDED IN THIS REQUEST FOR PROPOSALS UNDER THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT. SEE FAR CLAUSES 52.204-11, 52.203-15, 52.225-21, AND 52.225-22. THESE CLAUSES PERTAIN TO ALL OF THE FOREST SERVICE SERVICE AND ROAD RECONSTRUCTION WORK INCLUDED IN THIS REQUEST FOR PROPOSALS.

SECTION B - SERVICES AND PRICES

B.1

SCHEDULE OF ITEMS

REQUIRED ITEMS

US Forest Service

Unit 15

Unit 22

Unit 22A

Unit 22E Unit N9

Unit N10

Unit N11-1

Unit N11-2

Unit N12

Unit N19 Unit N74

Unit N79

Unit N110-1

Unit N110-2

Unit N110-3

Unit N114-1

Unit N114-2

Unit A-1

Unit A-2

Unit A-5

Unit A12

Unit B12

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

0.6

1.3

0.6

0.9

2a. Hand Piling

Unit N11-2

Unit N110-1

Unit N110-3

Unit N114-2

2b. Machine Piling

Unit 24C

Unit N9

Unit N10 Unit N11-1

Unit N14-1

Unit N19

Unit N74

Unit N110-2

Unit N114-1

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

3.0.

4.0 Erosion Control Seeding

Installation of erosion control structures (skid trails/skyline corridors – only)

AC

AC

76.5

5.0

Road Maintenance

a. Maintenance for limited use*

b. Hazard Tree Removal

LS

Miles 11.5 23.5

*Includes logging out & minor brushing, ditch maintenance, drainage structure maintenance, shaping traveled way, prehaul, seasonal and post haul maintenance. Suitable for high clearance public traffic.

**See detailed pricing USDI Bureau of Land Management – No mandatory service work

OPTIONAL ITEMS

US Forest Service

Unit 16

Unit 17

Unit 20

Unit 21

Unit 22B

Unit 22C

Unit 22D

Unit 22F

Unit 23

Unit 24A

Unit 25A

Unit 26A

Unit 26B

Unit 26C

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

8a. Hand Piling

8b. Machine Piling

Unit 16

Unit 17

Unit 23

Unit 24A

Unit 26A

AC

AC

AC

AC

AC

USDI Bureau of Land Management

TOTAL ALL ITEMS

B.2

TIMBER REMOVAL PRICE SCHEDULE:

REQUIRED

USFS Skyline Units

(FLAT)

TOTAL OFFER

USFS Tractor Units

(FLAT)

TOTAL OFFER

USFS BLM Tractor (19 ac)/Skyline (1ac) Units

(FLAT)

TOTAL OFFER

REQUIRED BIOMASS/NONSAW REMOVAL

(FLAT)

TOTAL OFFER

** 4.0 -6.9 in. DBH fiber removal and juniper removal 4.0 – 20.9 in. DBH. Top wood is not included in this estimate.

See Timber Removal Project Terms and Specifications in Appendix B.

NOTE: THESE SCHEDULES ARE FOR PRICING/PAYMENT PURPOSES. SEE SECTION L FOR BUSINESS PROPOSAL REQUIREMENTS.

The following construction items are estimated between $20,000 and $50,000 Detailed Pricing for Item No. 6 - Schedule of Items

Sundry Stewardship -

RD 1125

RD 1125205

RD 1125208

RD 1125400

RD 1125420

RD 1135275

RD 1135276

B.3

LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed. Option activities are listed in order of planned priority. Award may be made for option items in any order that the Contracting Officer determines is in the best interest of the Government.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2

PROJECT DESCRIPTION

(a) Description of Work – The Sundry Stewardship is located on the Whitman Ranger District of the Wallowa-Whitman National Forest encompassing the area indicated on the Project Area Map (which includes Timber Removal Maps) within Mill Creek drainage to the east and Cow Creek drainage to the west. Restoration objectives for the project area are based on the desired conditions of vegetation type, forest structure and disturbance history.

Vegetation Type - The desired vegetative condition for these warm/dry sites is for wider spacing between trees with a mix of ponderosa pine and Douglas-fir, with western larch. Western juniper would be reduced to historic levels to decrease competition with desirable conifer species. Curl leaf mountain mahogany and quaking aspen would increase due to the reduction of invading conifers, maintaining vegetative diversity within the historic range and providing habitat for wildlife. Grand fir would be relegated to north-facing slopes, where there is more moisture and shade. The area would be prepared for periodic prescribed burns to emulate historic natural burns, and to establish a healthy, resilient, sustainable vegetative landscape.

Forest Structure - In the warm/dry biophysical regions (89 percent of the forested Sundry Rooster Area), stands contained many large, fire-tolerant species of trees and minimal fuel loads and wildfires were generally frequent, low-intensity surface fires that functioned to maintain open park-like structures across the landscape. The desired condition is to move the area back to its’ historic range, with a decrease in overstocked multi-storied and stand initiation stands, and an increase in single-storied stands.

Disturbance History – The desired condition is for a decrease in the occurrence of high-intensity stand-replacing fires, and outbreaks of insects and disease. In the project area, multi-story stands have served as hosts for defoliating insects and endemic bark beetles, with the potential for killing large numbers of trees over large areas.

(b) Resulting Contract – Any resultant contract will be a Service/Construction contract with provisions for timber removal.

(c) Project Location – This project is located on lands administered by the Whitman District- Baker Office. Vicinity maps showing project locations and access are attached and made part of this contract. All township and range locations are predicated upon the Willamette Base Meridian. Listed below are the Township and Ranges of the project area:

T.11N, R.39.E, Sections 2,11,12, 26, 27, 33, 34, 35; T.11N, R.40.E, Sections 5 and 7; T.12N, R.39.E, Sections 3, 3, and 11-13; T.12N, R.40.E, The Forest Service assumes no obligations to plow or do special maintenance to keep roads open.

Some of the roads in the contract area have been blocked to vehicle travel and will remain blocked during the period of the contract.

(d) Definitions.

Average Spacing - The average of the horizontal distances between all leave-trees necessary to provide the desired number of trees per acre.

Basal area - The cross-sectional square footage area of wood fiber within a tree trunk that occupies a given space typically measured at breast height. Basal area per acre equals the sum of the basal areas of each individual tree.

Bearing Tree - A tree which is used as a reference monument to locate a property corner.

Biomass - All vegetative materials grown in forest, woodland, or rangeland environments that are the by-products of management, restoration or hazardous fuel reduction treatments. Biomass in this contract refers primarily to material that does not meet the specifications for merchantable logs, defined below. Examples of products that could be made out of biomass material include: firewood, posts, poles, chips for paper, fuel for electricity, and mulch/chips for landscaping/gardening.

Biomass utilization – The harvest, sale, trade, or use of biomass to produce a product or energy.

Broom - Sometimes called witch's brooms. An abnormal growth of branches and twigs caused by dwarf mistletoe. Broom branches are typified by a ball of dense branches and twigs, heavy growth, short needles, and may or may not have swollen limbs. Mistletoe fruiting bodies are frequently present.

Bucking - Cutting through the bole of a felled tree, thinning slash or existing slash.

Conifer - An evergreen, cone-bearing tree, such as Ponderosa pine, Douglas-fir, white fir, and lodgepole pine.

Commercial Thinning - The harvest of merchantable timber with the goal of reducing the stocking level and allowing more growing space for the residual trees.

Competitive trees - All juniper seedlings, saplings, and trees and live coniferous trees over 1-foot tall, not selected as leave trees; or stumps with live limbs.

Contractor - The individual or legal entity contracting with the Government for performance of prescribed work.

Crown Ratio - Expressed as a percent of the total tree height, it is the portion of the tree bole that supports live limbs and foliage.

Cull tree - Live trees over ten inches and less than 18” DBH that have broken, dead or forked tops that will not produce a 17’ sawlog in the tree bottom, or show clear signs of low vigor because of disease or other factors. Cull trees with potential wildlife value, as designated in the field by the Government shall not be cut.

Cultural Site - For this purpose, a cultural site is defined as any area exhibiting signs of past human behavior such as Native American artifacts, old mining sites, cabins, etc.

Cut Leave Tree - A tree noted during inspection of the area as a tree that should not have been cut.

Damaged Leave Tree - A tree damaged through felling of other trees, the yarding and piling of downed logs, or contact with cutting tools.

Diameter at Breast Height (DBH) - Diameter of the tree at breast height, measured at a point 4½’ above ground level from the uphill side of the tree.

Diameter at Root Collar (DRC) - The straight line passing through the center of a cross section of a bole measured at the root collar of a shrub or tree.

Down log - The bole (trunk) portion of a fallen or broken tree, that is not in an advanced stage of decay, which is lying on or near the ground, whether uprooted, stem broken, or deliberately cut. For retention purposes, a downed log shall be greater than 12” in diameter and a minimum of 20’ in length.

Duff - Decomposed organic matter and vegetative litter on the forest soil surface.

Existing Slash - Those trees or pieces of trees laying on the ground prior to the start of thinning. This includes trees down naturally or as a result of logging.

Fuels - 1 hour - less than ¼” in diameter (grasses, litter, and duff)

10 hour - ¼ to 1” in diameter (twigs and small stems)

100 hour- 1 to 3” in diameter (branches and advanced regeneration)

Girdling – Removal of a continuous band, at least two inches wide, of bark and cambium around the entire circumference of the trunk of a living tree, with the intention of killing the tree.

Hang-up Tree - Any cut tree suspended above the ground surface by a leave tree.

Insect-infested tree - A green tree with visible signs of insect populations, which includes live insects, partially dead crown, insect boring frass, pitch pockets, and woodpecker activity (holes in the bark).

Leave areas - Areas within the project that are not designated for tree or slash removal and will not be entered for work under this contract.

Leave tree and Snags (Trees not to be cut) - A tree intentionally designated to leave within a treatment area for silvicultural, wildlife or other objectives. Generally will be the largest, most healthy vigorous trees left standing in the stand.

Loading Point - Any landing or other area in which logs are capable of being loaded for transportation out of the contract area.

Lopping - Cutting limbs from the boles of thinning slash or existing slash.

Mechanical Damage - Any damage in which the proximate cause is determined, by the CO, to originate by the use of chainsaws, hand tools, motorized equipment, or by the falling of one tree upon or against another.

Merchantable Log - Any conifer species log that has a minimum diameter of six inches on the small end, a minimum length of eight feet and with a minimum net scale of 33 percent of gross volume of any log segment.

Missing leave-trees - Those trees cut that should have been left.

Old growth juniper - Any juniper tree showing a rounded top, deeply furrowed bark, deeply dissected trunk, large lower limbs, and yellow lichen on branches.

Post-Fledgling Family Area (PFFA) - The post-fledgling family area is about 420 acres. This area is a mosaic of forest types that provide hiding cover for the fledglings and habitat for abundant prey

Pullback - Dragging or pulling thinning slash away from specified areas or features for a specified distance.

Right-of-Way - A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Scattering - Dispersing thinning slash upon the ground.

Skidding - The conveyance of logs or trees or portions thereof, by a conventional ground based logging system from the area of falling or cutting to the landing or loading point for removal.

Skid trail - A path used during ground-based operations to move material or machinery from one area to another.

Slash - Any downed woody material within the project area. This includes both pre-existing and activity created material. Slash includes surplus trees, cull logs, uprooted stumps, chunks, broken tops, limbs, branches, rotten wood, felled snags, damaged brush, damaged or destroyed young trees and standing dead and down mountain mahogany.

Snag - A standing dead coniferous tree.

Spacing - The horizontal distance from the center of the trunk of one leave tree to the center of the trunk of the next nearest leave tree.

Stream Courses (Live and Intermittent) - A live stream course is defined as carrying water all year long. An intermittent stream course is defined as having channel or channels showing recent scouring or washing, but may not flow water during the dry season.

Surplus Trees and Snags - Trees and snags that exceed the prescribed basal area, PCT spacing or snag retention requirement and must be removed.

Thinning Slash/Created Slash - Limbs and boles of trees cut down as a part of this contract.

Utilization Standards - The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Whip felling - The process of removing the undesirable or excess trees from a mature stand.

C.3

SPECIFICATIONS

Specifications for the Stewardship Activities, as identified in Section B.1, can be found in Appendix A. Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B, and associated road plans and specifications in Appendix C and D.

C-7

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. Native Seed will be provided for rehabilitation of temporary roads and landings. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-4 contained in Section I of the contract.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items

E.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.arnet.gov/far http://www.usda.gov/procurement/policy/agar.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-04

Inspection of Services – Fixed Price (AUG 1996)

52.246-12

Inspection of Construction (AUG 1996)

E.2

CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.3

ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

E.4

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items

F.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.arnet.gov/far http://www.usda.gov/procurement/policy/agar.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.247-55 F.O.B. Point for Delivery of Government-Furnished Property (JUN 2003)

F. 2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 1, 2012 or as specified on each Task Order. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and as approved by the Contracting Officer.

It is estimated that work will begin June 1, 2010. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Any restrictions on the Scheduling of Work for resource protection, etc. will be addressed in the Technical Specifications.

F.3

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through 2 years after date of contract award.

F.4

AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts” and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

F.5 SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within _5_ days after issuance of a Notice to Proceed for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

All schedules and reports shall be submitted to: COR, Jim Chandler.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1

PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, (Section I).

The value of work completed and timber removed will be documented in an Integrated Resource Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2

STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.3

ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2 and Appendix B Timber Removal Specification.

G.4

CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

SUNDRY STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.5 TIMBER PAYMENT GUARANTEE

(1) General—(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the outstanding charges for payment units released for cutting, or equal to the total value of timber that has not been paid for.

(c) Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

(3) Blanket Surety Bond—(a) Contractor may furnish an acceptable bond, or deposit securities, to guarantee payment for timber from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Guarantee.

(c) When there is to be no timber cutting hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor’s request.

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing FS Form 6500-12a.

(3) Letters of Credit for Payment Guarantee—Contractor may use letters of credit in lieu of a surety bond for payment guarantee purposes when approved by Contracting Officer.

G.6

EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber has been cut and removed the Forest Service, at its option, shall either add more timber or make cash payment for the unused credits.

G.7

EXCESS TIMBER VALUE

In the event the value of the included timber exceeds the total value of all of the mandatory activities plus the ordered elective activities, the Contractor shall make cash payment for the excess timber value.

G.8

REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

G.9

FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items

H.1

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) - The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) - Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

H.2

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at the Whitman Ranger District Baker Office, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.3

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (i) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.4

AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.5

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Overall Project Manager

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.6

FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.7 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999) (a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation

In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

· Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

· Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

· Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

H.8

FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999) The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H.9 PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES, AND CAVE RESOURCES

Locations of known areas needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground. Special protection measures needed to protect such known areas are identified.

In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor’s operations. Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid…