a1. solicitation.doc

AG-04KK-S-11-0009

Rawhide Thin and Grapple Pile Solicitation; Emigrant Creek RD

LOCAL TIME 4:30 PM

INFORMATION CALL

Sarah Ackerman - Contracting Officer

Ray Cornell - COR 541-575-3155 541-573-4360 August 9, 2011

10. THIS ACQUISITION IS

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UNRESTRICTED

SET-ASIDE. 100% FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

8(A)

UNDER DPAS (15 CFR 700)

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SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

Same as Block 9

FACILITY CODE

CSC-FS, USDA, OCFO, COD, APB

P.O. Box 66527

St. Louis, MO 63166

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

IS CHECKED: FORMCHECKBOX

SEND INVOICES TO ADDRESS IN BLOCK 9

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

EMIGRANT CREEK R.D.

Rawhide Thin and Grapple Pile

SEE PAGE 2 FOR SCHEDULE OF ITEMS

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

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

(Thin)

(Grapple Pile)

TOTAL ITEM #1

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

NOTE: OFFERS MUST INCLUDE PRICING FOR THINNING AND GRAPPLE PILING. ITEMS WILL NOT BE SPLIT UP.

STANDARD FORM 1449 (REV. 4/2002) BACK

4Contract Terms and Conditions

41.

SCOPE OF CONTRACT

42.

PROJECT LOCATION AND DESCRIPTION

43.

ACCESSIBILITY

44.

BOUNDARIES

45.

CONTRACTOR SLASH REMOVAL

46.

NOXIOUS WEED CONTROL

57.

DEFINITIONS

68.

THINNING PERFORMANCE STANDARDS

69.

SLASH TREATMENT PERFORMANCE STANDARDS

710.

ACCEPTABLE QUALITY LEVELS (AQLS)

811.

GOVERNMENT QUALITY ASSURANCE PLAN FOR GRAPPLE PILING

812.

MEASUREMENT AND PAYMENT

913.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

914.

APPROVAL OF SUBCONTRACTING

915.

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

916.

GOVERNMENT-FURNISHED PROPERTY

917.

MOTORIZED EQUIPMENT

918.

SAFETY

1019.

CONTRACT RELEASE OF CLAIMS

1020.

FINAL CLEANUP

1021.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

1122.

PERSONAL PROTECTIVE EQUIPMENT

1123.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (APR 2011)

1524.

AGAR 452.215-73 Postaward Conference (NOV 1996)

1525.

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

1526.

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant & Seasonal Agricultural Workers (DEC 1999)

16Worker Housing

17Field Sanitation

1727.

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

1728.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

1829.

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

19Solicitation Provisions

1930.

FAR 52.212-1 Instructions to Offerors - Commercial Items (JUNE 2008)

2131.

AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

2132.

FAR 52.212-2 Evaluation - Commercial Items (JAN 1999)

2233.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (APR 2011)

3034.

STATE AND FEDERAL LICENSING REQUIREMENTS

3135.

EXEMPTIONS FROM LICENSE

3136.

FEDERAL - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION

3137.

GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

3138.

CONTRACTOR INFORMATION

3239.

FAR 52.215-5 -- Facsimile Proposals (Oct 1997)

Contract Terms and Conditions

1.

SCOPE OF CONTRACT

The purpose of this solicitation is to secure a complete set of services to accomplish hand tree thinning and grapple piling existing and created slash within the treatment units on the Emigrant Creek Ranger District.

The Contractor shall furnish all labor, supervision, equipment, materials, transportation, supplies, (unless specified elsewhere as Government-furnished) and incidentals required to accomplish the work.

2.

PROJECT LOCATION AND DESCRIPTION

The project work area is located on the Malheur National Forest, Emigrant Creek Ranger District. Vicinity and project maps showing project location and access are attached. Other information regarding specific units are contained in the Detail Unit Information Sheet.

3.

ACCESSIBILITY

Most work areas may be reached by a standard two-wheel drive pickup during normal operating seasons. Some units; however, may require a four-wheel drive vehicle.

No vehicles shall be permitted to operate off system roads without approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the Government. If a road is not accessible, the Government may, under the Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or; (3) substitute similar unit(s) or (4) negotiate a cost adjustment for change in access.

Where roads are recently thawed, very wet or saturated due to runoff or unseasonable weather conditions, road conditions may dictate the need to delay use of some road segments in order to ensure no damage to the road, drainage structures or the adjacent environment.

The Contractor may request entry on cooperative road closures, (green dot), or other road closures through the appropriate Ranger District office. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger. No vehicle access is permissible prior to receiving written permission.

4.

BOUNDARIES

Boundaries are marked with orange and/or fluorescent yellow plastic flagging and/or white or blue boundary signs. Leave areas within units are designated with plastic flagging and/or white signs, or are otherwise indicated on the Detail Unit Information Sheet(s).

5.

CONTRACTOR SLASH REMOVAL

The Government may approve removal rights for slash to be treated, on a unit-by-unit basis. Approval is strictly at the Government’s discretion and may include special requirements such as road maintenance.

If removal rights are granted, removal shall be concurrent with other operations and any special requirements shall be met. Removal operations shall not affect any other contract requirement, particularly cut tree selection.

When requesting removal rights, the Contractor shall provide written information on how removal operations shall be conducted. Any equipment used to remove the slash shall be less than 8 pounds per square inch ground pressure and capable of maneuvering within the stand without damaging leave trees.

6.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated inspector, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Contracting Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

7.

DEFINITIONS

(A) Average Spacing – The distance in feet between leave trees as defined in the Detail Unit Information Sheet.

(B) Bucking – The cutting of down trees or logs to a designated length.

(C) Burning Permit – A document that sets forth the conditions under which the Contractor may be allowed to burn.

(D) Co-dominant Trees – Trees with crowns forming the general level of the crown canopy and receiving full light from above, but comparatively little from the sides, usually with medium-sized crown more or less crowded on the sides

(E) Bole Spacing – Spacing measured between the boles of the trees. Detail Unit Information Sheet(s) list the acceptable bole spacing.

(F) Crown Spacing – Spacing measured between the outer edges of the tree crowns. Detail Unit Information Sheet(s) list the MINIMUM acceptable crown spacing.

(G) Cut Trees – Trees within the minimum-maximum cut range as defined in the Detail Unit Information Sheet(s) that are not selected as a leave tree.

(H) DBH (Diameter Breast Height) – Outside diameter of the tree stem at a point 4-1/2 feet above uphill side of the tree.

(I) Deficient Trees – Those trees cut which should have been left to maintain average spacing requirements as determined by inspection.

(J) Dominant Trees – Trees with crowns extending above the general level of the crown canopy and receiving full light from above and partially from the side. They are larger than the average trees in the stand and have dense crowns, which are comparatively wide and long.

(K) Elk Calving Season – Period of time from May 1 to June 30.

(L) Excess Trees – Any remaining tree that should have been cut as determined by inspection.

(M) Hang-up Trees – Any cut tree suspended more than 3 feet off the ground.

(N) Healthy Tree – A healthy tree is one that is undamaged due to defects or deformity resulting from agents such as wind, snow, animals, insects, diseases, or equipment.

(O) Genetic Tree – Phenotypically selected trees, which shall be protected from damage or destruction.

(P) Leave Tree – Those trees left uncut to meet the average spacing requirements and trees over the maximum cut size specified in the Detail Unit Information Sheet(s).

(Q) Limbing – The cutting of branches from the bole of a log or cut tree.

(R) Lopping and Scattering – The removal of branches, bucking, and the moving and rearranging of slash over a large area.

(S) Noxious Weeds – Any exotic plant species established or that may be introduced in the State which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the appropriate County Weed Board or by other appropriate agencies having jurisdiction.

(T) Riparian Zone – The zone that extends from the normal stream bank to the toe or break of the slope. The zone can be further identified by the presence of vegetation that requires free or unbound water to conditions that are more moist than normal in many stream valleys.

(U) Slash – The term “slash” means all vegetative material, including cull logs, tops, damaged or destroyed reproduction, saplings, or poles which were created or disturbed by any type of vegetative cutting, clearing construction, or cultural treatment. Any portions of trees or snags that were previously felled are considered to be part of the slash; also woody material on the ground killed by insects, disease, or natural causes.

NOTE: Cull logs approximately 12 inches or greater in diameter at the small end and approximately 8 feet or longer in length, shall not be treated as slash. It is intended that this size material be left untreated to meet wildlife objectives.

(V) Stem Spacing – Average spacing measured between the stems of the leave tree.

(W) Stocking Level Control – The cutting of trees in excess of those to be left for future management.

(X) Stream – Shall include year long and intermittent streams that ordinarily go dry at one or more times during the year.

(Y) Thinning Slash – The term “thinning slash” means all vegetative material including stems, limbs, branches, damaged brush, damaged or destroyed reproduction, saplings, or poles, which were created or disturbed by the Contractors thinning.

(Z) Wildlife Trees – Wildlife trees are marked with an orange band or orange ‘W’ and/or may be tagged with a wildlife tree tag.

(AA)

Wildlife Log – A log with minimum measurements of 12 inches diameter and 8 feet long.

(BB)

Wildfire – Any unplanned fire, usually requiring suppression action, or a free burning fire unaffected by control measures.

8.

THINNING PERFORMANCE STANDARDS

The desired outcome is to attain the tree spacing for each unit specified in the Detail Unit Information Sheet(s) at a 95 percent or higher quality. The level will be based on sampling of cut and leave tree selection. Spacing of leave trees may be varied up to 25 percent to leave the most desirable tree as long as the average post-thinning trees per acre given on the Detail Unit Information Sheet(s) is maintained.

1. Leave Tree Standards

a) Leave trees shall generally be those of tallest height, largest crown, straightest stems and largest boles that are free of damage due to insects, disease, physical, or mechanical causes.

b) Species – Unless otherwise specified, give leave tree preference in the following order:

(1) Western White Pine

(2) Western Larch

(3) Ponderosa Pine

(4) Douglas-Fir

(5) Engleman Spruce

(6) Lodgepole Pine

(7) Grand Fir/Sub-Alpine Fir

c) Leave Trees shall be selected by the Contractor as per the Detail Unit Information Sheet(s), and supplemental information provided from the District on such things as cull trees and disease tree prioritization; however, the Government may mark individual leave trees or groups of leave trees prior to thinning.

d) All trees regardless of diameter shall be considered in spacing.

e) Contractor shall leave all shrubs, broad-leafed trees, wildlife trees, and genetic trees.

f) Contractor shall leave all dead trees of any size or species, unless otherwise specified in the Detail Unit Information Sheet(s).

g) Contractor shall leave all trees within 100 feet of springs, bogs, seeps, or elk wallows unless otherwise specified in the Detail Unit Information Sheet(s).

h) Contractor shall leave all trees exhibiting visible wildlife nesting use. Hawks, eagles, owls, woodpeckers, and squirrels are the primary concern.

2. Felling Standards

a) Felling shall be done primarily by manual methods (chainsaw) unless otherwise approved by the Contracting Officer.

b) Cut trees shall be felled away from boundaries, roads, road cut banks, telephone lines, established trails, stock driveways, fence lines, fire lines, mining ditch lines, abandoned historic railroad beds, established land corners, troughs, and other improvements. The Contractor shall pull back any trees falling on such areas.

c) Trees shall be completely severed from the stump.

d) Stump height shall not exceed 6 inches above ground level or 6 inches above natural obstacles.

e) No thinning slash shall be left outside the contract boundary, unless otherwise approved by the Contracting Officer.

f) Contractor shall remove and scatter (pull back) all thinning slash from the following items, but not limited to; stream courses, historic mining ditch lines, roads and fences, stock ponds, stock troughs, stock driveways and trails to keep them usable and passable at all times. All required slash pull back shall be kept current with operations.

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

h) Bucking or bucking with limbing when required shall be concurrent with the felling operation. Trees 16 feet and longer shall be bucked in half or as many times as needed so that pieces are not longer than 16 feet.

i) The Ips Beetle timing restriction may be waived on selected units, providing that the Contractor ensures that created slash shall be treated to required fuel standards within a 30 day window of initial thinning activity.

9.

SLASH TREATMENT PERFORMANCE STANDARDS

Grapple Piling Units shall be piled so that residual fuel loading (after pile(s) are burned) is a maximum of 7 tons per acre in material 1 to 9 inches in diameter. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees. Machine operations shall be conducted in such a manner as to minimize additional soil disturbance or compaction.

Restrictions

a) Equipment shall not operate on slopes greater than 35%.

b) Equipment shall not operate on wet soils or very rocky ground.

c) Equipment shall operate on existing skid trails to the extent practicable.

d) Equipment shall not cross or operate in meadows, stream channels, riparian habitat conservation areas (RHCA’s), or other non-work areas.

e) Equipment shall not operate on road surfaces, cut banks, or fill slopes.

f) Piles shall not be constructed in roads, ditches, meadow, grass “scablands” or channel bottoms.

g) Piles shall not be placed on large or tall stumps, down logs greater than 12 inches small-end diameter, or large rocks.

h) Refueling, maintenance, and repair shall be done at landings.

10.

ACCEPTABLE QUALITY LEVELS (AQLS)

Contractor Quality Control

The successful Contractor shall provide a Quality Control Plan satisfactory to the Government describing how the Contractor will monitor and document work quality for both the thinning (including any possible removal of thinning slash from the site) and the slash treatment phases of the operation.

The Contractor shall provide copies of inspection documents and written certification that:

a) Each unit was satisfactorily completed.

b) Thinning or slash treatment was completed in accordance with the contract standards.

c) Inspection results accurately reflect the work accomplished.

Government Quality Assurance Plan For Thinning

The Government will inspect thinning to determine compliance with performance standards. Inspections may include observations of operations, quality control procedures, and examination of individual cut and leave trees on sample inspection plots. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units. The Contractor is encouraged to observe verification inspections and will receive inspection summaries upon request.

Unsatisfactory Work If Government full sample inspections (see below) determine that a thinning or a thinning and bucking unit has a quality percentage below 95 percent and includes excess tree deficiencies or pieces to be bucked exceed 16 feet in length, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for all Government re-inspection costs.

The CO will immediately notify the Contractor in writing and order improvement in the quality of work if the percentage of satisfactory quality of thinning and diseased/damaged tree removal falls below 95 percent.

Government Plot Inspection Procedures

a) A series of circular plots distributed over the entire unit will be installed sufficient to yield an adequate sample of each unit. The minimum number of plots to install will be one plot per 5 acres with at least five plots per unit.

b) Plot size will be determined by the tree spacing requirements as shown in the Detail Thinning Unit Information Sheet(s). If spacing is less than 15 feet, plot size shall be 1/50th of an acre. If spacing is 15 feet or greater, plot size shall be 1/20th of an acre.

c) Flagged markers will be used to locate the plot centers and identify them by consecutive number. Flags will also indicate the date of inspection and Inspectors initials.

d) Inspection within each plot will be completed as follows:

1. Determine from Table 1 the average spacing requirements and plot radius;

TABLE 1

Avg. Spacing Spacing/Acre Avg.Trees/Plot Plot Size Plot Radius-Ft.

11 X 11 360 7 1/50 16.7

12 X 12 320 6 1/50 16.7

13 X 13 258 5 1/50 16.7

14 X 14 222 4 1/50 16.7

15 X 15 194 10 1/20 26.3

16 X 16 170 9 1/20 26.3

17 X 17 151 8 1/20 26.3

18 X 18 134 7 1/20 26.3

19 X 19 121 6 1/20 26.3

20 X 20 109 6 1/20 26.3

21 X 21 99 5 1/20 26.3

22 X 22 90 5 1/20 26.3

23 X 23 82 8 1/10 37.2

24 X 24 76 7 1/10 37.2

25 X 25 70 7 1/10 37.2

26 X 26 64 6 1/10 37.2

27 X 27 60 6 1/10 37.2

28 X 28 56 6 1/10 37.2

29 X 29 52 5 1/10 37.2

30 X 30 48 5 1/10 37.2

2.

Each plot will be examined to record findings on the items listed below:

i. No. of Trees to be left – number of trees that should have been left.

ii. No. of trees left – Number of trees that were left.

iii. No. of trees deficient – number of missing leave trees.

iv. No. of excess trees – number of uncut trees that should have been cut.

e) Upon inspection of all plots for a unit the quality of thinning will be calculated as follows:

1.0 - | No. of deficient trees + No. of excess trees | X 100 = Quality %

| No. of trees that should have been left |

11.

GOVERNMENT QUALITY ASSURANCE PLAN FOR GRAPPLE PILING

The Government may make periodic inspections while work is in progress. After completion of a unit, the Government may also inspect to determine compliance with contract standards for 1) residual fuel loadings and 2) pile characteristics.

Residual fuel loading

The remaining non-piled slash will be inspected to determine compliance with performance standards. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units.

If Government inspections determine that a unit has a quality percentage below 90 percent, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but in different areas. The Contractor shall pay for all Government re-inspection costs.

Pile Characteristics

A sampling of piles will be individually inspected for the following:

•Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Is the pile compact? Does the pile contain a minimal quantity of soil? Is there material protruding from the pile?

•Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope? Is there other combustible material within ignition range of the pile?

•Location and pile size – Does pile size and location provide sufficient spacing from residual trees of 1.5 feet in height or taller or dead trees greater than 12 inches dbh to prevent damage from burning?

12.

MEASUREMENT AND PAYMENT

Acreage as shown in the Detail Unit Information Sheet(s) has been determined using a GPS (Global Positioning System). Note: Acreage listed in the detail information sheets are Net Contract Acres and in some instances may exclude non-work areas left within the units for wildlife habitat. All non-work areas are delineated by plastic flagging, boundary tags, and position disclosed in the detailed information maps provided.

Payment for Thinning

When work quality is 95% or higher, payment will be made at the unit price. When work quality is less than 95%, the pay rate will be calculated by multiplying the inspection percentage for each unit times the contract unit price per acre.

EXAMPLE:

> 95% quality = 100% payment

< 95% quality = rework if possible, or actual percentage

Payment for Slash Treatment

Acceptance will be based on 100% visual inspection of units. If visual inspection finds that occasional work elements do not completely conform to performance standards, but non-conforming elements are not representative of the overall work quality, the work may be accepted. If non-conforming work is indicative of an overall quality of work problem, units shall be reworked at no additional cost to the Government.

All invoices shall be submitted to the Contracting Officer’s Representative. Invoices shall comply with the standards in FAR 52.232-25, Prompt Payment.

13.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

14.

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

The name, address, and telephone number of the subcontractor.

B.

The date upon which the subcontract was entered into and its duration

C.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

15.

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

The Contractor shall be required to (a) commence work under this contract within 5 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 365 calendar days. Estimated start date is August 15, 2011.

16.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide as many TSI Plot Inspection Cards as needed for the completion of the project.

17.

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

18.

SAFETY

Thinning and slash treatment is inherently dangerous. Hazards include, but are not limited to: chain saw injuries, long driving distances on low-maintenance level Forest Roads, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, chemical burns, gasoline fire potential, dehydration, insect stings, overhead/falling debris, and lightning.

1.

Chainsaw hazards result from improper cutting techniques and fatigue, inattention to proper safety procedures and bar-tip location, improperly held/positioned chainsaw, and poorly trained sawyers.

2.

Driving along forest roads during early and late hours, before or after sunlight will subject drivers and riders to low light angles, dusty conditions, icy and/or muddy roads; as well as encounters with log hauling trucks, road machinery, hunters not watching the roadway, campers and other forest users that may not be intently aware of other motorists who are sharing the roadway.

3.

Tripping hazards include all manner of forest vegetation and other debris including rocks. Tripping hazards should also be considered inclusive of slippery surfaces during periods of rain and snow.

4.

Hyperthermia and Hypothermia may occur at anytime regardless of the absence of extreme weather conditions.

5.

Fatigue will occur usually after the lunch period, towards the end of the working day.

6.

Muscle strains may occur due to improper lifting, bending, twisting, or turning.

7.

Chemical burns may occur during the transfer of oil or gas, or by the unexpected discharge of chemical fire extinguishers. Gasoline fires may occur at anytime, but are most likely during refueling hot chainsaws, or during the transfer of petroleum products.

8.

Dehydration may occur during either warm or cool periods, or whenever employees are performing arduous tasks while neglecting to ingest adequate fluids that contain electrolytes.

9.

Insect stings may occur at anytime while in the forest and may include bees, wasps, or other types of biting stinging insects.

10.

Overhead and/or falling debris may occur at anytime in the work area. It may include treetops breaking out during periods of windy conditions, snow stress, or because of decaying limbs/trunks. Also included are rolling rocks, logs, and other debris which might become dislodged on steep slopes.

11.

Lightning should be regarded as a serious threat whenever active cumulo-nimbus (thunderhead clouds) are forecasted for the area, especially while working near or under tall trees.

Contractor shall provide a written job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at or before the post award conference for discussion.

19.

CONTRACT RELEASE OF CLAIMS

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:___NONE____"

20.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

21.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

22.

PERSONAL PROTECTIVE EQUIPMENT

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

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

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

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

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

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

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

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

23.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (APR 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved]

X (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

X (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (15) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

X (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

X (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (24) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (32)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (34)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

__ (36) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (37)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (39) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (44) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (45) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

This statement is for information ONLY:

It is not a Wage Determination

Employee Class

Monetary Wage

Forestry Technician GS-5

$15.80 + Fringe Benefits

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this…