1a.Solicitation-AG-04N7-S-11-0019WoodyBiomassRemovalStewIDIQ.doc

Woody biomass Removal Stewardship Projects IDIQ

Rogue River-Siskiyou National Forest

Solicitation #: AG-04N7-S-11-0019

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

AG-04N7-S-11-0019

6. SOLICITATION ISSUE DATE 03/09/2011

Claudia Halkyard, Contract Officer Blair Moody, Stewardship Coordinator

b. TELEPHONE NUMBER (No collect calls)

541-957-3222 541-618-2207

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE |

USDA - Forest Service

Rogue River - Sisikyou National Forest

3040 Biddle Road Medford, Oregon 97504

10. THIS ACQUISITION IS

[ ] Unrestricted

[X] Set Aside 100% For Small Business Concerns [ ] Emerging Small Business

[ ] Small Business [ ] Hubzone Small Business

[ ] Service Disabled Vet Small Bus.

[ ]8(A)

11. Delivery For FOBDestination Unless Block Is Marked

[ X ] See Schedule

12. DISCOUNT TERMS

ORDER UNDER DPAS (15 CFR 700

13B. RATING

NAICS: 113310

SIZE STANDARD: 500 employees

14. METHOD OF SOLICATION

[ X ] RFQ [ ] IFB [ ] RFP

Umpqua National Forest

2900 NW Stewart Parkway

Roseburg, Oregon 97471

17a. CONTRACTOR/ OFFERER

Name and address

CODE

FACILITY

Albuquerque Service Center (ASC)

101 B Sun Avenue NE

Alburquerque, NM 87109

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED

[X] SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

WOODY BIOMASS REMOVAL

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

INTEGRATED RESOURCE SERVICE STEWARDSHIP (IRSC)

ROGUE RIVER – SISKIYOU NATIONAL FOREST

Commercial Items

TIN#:___________________________________

DUNS#:________________________________

TELEPHONE #:_________________________

E-Mail: _________________________________

See Attached “Schedule B” in Campy & Whisker Task Order

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

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

32a. QUANTITY IN COLUMN 21 HAS BEEN

[ ]RECEIVED [ ] INSPECTED [ ] ACCEPTED, EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212 32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

[ ]PARTIAL [ ] FINAL

OFFICER

41c. DATE

42a. RECEIVED BY (Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212

Addendum to Block 18b – Invoice Submittal

Submit payment invoices to the Designated COR of Individual Task Orders for processing to the Albuquerque Service Center.

Preproposal Meeting Date: March 14, 2011 at 9:00 a.m. at Rogue River-Siskiyou National Forest & Medford Bureau of Land Management, 3040 Biddle Road, Medford, OR. All prospective quoters are encouraged to attend.

Table of Contents Section B – Services and Prices

B-1 Schedule of Items

B-2 General Information

Section C – Description and Specifications

C-1 Description of Work

C-2 Statement of Work/Specifications

C-3 Contractor Quality Control Inspection System

C-4 Acceptance

C-5 Government Quality Assurance Surveillance Plan

C-6 FAR 52.211-10 Commencement, Prosecution and Completion of Work

C-7 Period of Performance and Effective Period for the Contract

C-8 Schedules and Reports

C-9 Material for Transport C-10 Accountability

C-11 Resource Protection

C-12 Definitions C-13 Notice to Proceed

C-14 Work Schedule

C-15 Payment

C-16 Stewardship Credits

C-17 Establishment of Stewardship Credits C-18 Contractor Certification

C-19 Timber Resource Payment Guarantee C-20 Excess Stewardship Credits

C-21 Excess Timber Value

C-22 Refund of Excess Cash

C-23 AGAR 452.215-73 Post Award Conference C-24 AGAR 452.236-72 Use of Premises

C-25 AGAR 452.237-74 Key Personnel

C-26 Erosion Prevention and Control

C-27 Protection of Residual Trees C-28 Sanitation and Servicing

C-29 Prevention of Oil Spills

C-30 Washing Equipment

C-31 Fire Precautions and Control Plans

C-32 Use of Roads by Contractor

C-33 Road Maintenance and Road Maintenance Deposits

C-34 Use By Others

C-35 Incidental Payment Items C-36 Safety C-37 Personal Protective Equipment

C-38 Traffic Control C-39 Warning Signs and Restrictions

C-40 Permits and Responsibilities

C-41 FSAR 4G52.222-701 Employment of Eligible Workers

C-42 FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers C-43 FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act

Registration C-44 Protection Measures Needed for Plants, Animals, Cultural Resources and Cave

Resources C-45 Protection of Land Survey Monuments C-46 Meadow Protection

C-47 Wetlands Protection

C-48 Streamcourse Protection

C-49 Camping Provisions for Labor Intensive Contracts C-50 Reimbursement for Bond Premiums C-51 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires Contract Clauses FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items ADDENDUM AGAR 452.211-75 Effective Period of Contract FAR 52.216-18 Ordering FAR 52.216-19 Order Limitations FAR 52.216-22 Indefinite Quantity FAR 52.217-9 Option to Extend the Term of the Contract Approval of Subcontracting AGA 452.228-71 Insurance Coverage FAR 52.232-18 Availability of Funds FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns Representations, Certifications and Acknowledgements FAR 52.212-3 Offeror Representations and Certifications – Commercial Items ADDENDUM to FAR 52.212-3 Offeror Representations and Certifications – Commercial

Items FAR 52.212-1 Instructions to Offerors – Commercial Items AGAR 452.215-71 Instructions for the Preparation of Technical and Business Proposals

a) General Instructions

b) Technical Proposal Instructions

c) Business Proposal Instructions 52.212-2 Evaluation – Commercial Items List of Documents, Exhibits and Other Attachments

1. Road Maintenance Specification Example

2. Fire Protection and Suppression

3. Camping Permit Sample

4. Experience Questionnaire

5. Campy and Whisker Task Order

SECTION B – SERVICES AND PRICES

B-1

SCHEDULE OF ITEMS

See Individual Task Order, Attachment 5 B-2

GENERAL INFORMATION

1. Type of contract The resulting contract is an multiple award, Indefinite Delivery Indefinite Quantity (IDIQ), Integrated Resource Stewardship type contract with a Base Year and Four (4) Option Years. Multiple awards are contemplated to a pool of potential contractors. Maximum number of awards from this solicitation will be 12 contract awards with a per contract maximum contract order limitation of $400,000.00. If fewer than 12 contracts are awarded, the maximum contract order limitation may increase but will not exceed $1.0 million. Contractors receiving an award under this solicitation contract will compete for follow-up individual Task Orders for woody biomass removal stewardship projects as stated below.

2. Annual Review Contractors may request to be removed from competition and/or may be removed from competition by the Government for failure to respond to Task Order Request for Quotes. In any event, Contractor shall be required to complete any outstanding Task Order requirements in accordance with the terms and conditions of the contract and awarded task orders prior to contract termination. After an annual review, the Government may also advertise for additional Contractors if, in the judgment of the Contracting Officer, such action is necessary to maintain an effective competitive pool of responsive and responsible Contractors.

3.

Task Order Competition

Each time a requirement for a stewardship project for woody biomass removal becomes available and funded, project information will be sent to all IDIQ contract awardees. Contract awardees will submit quotes for individual Task Orders. Contractor shall submit a pricing and availability quote or a “No Offer” for each project.

The pricing quotes shall consist of a signed Task Order with pricing, a performance schedule and an operations plan. The operations plan shall include a description of personnel, subcontractors and equipment, processes and markets to be used. Task Order quotes due dates will be variable ranging from 7-21 days depending upon the scope and size of the individual project. Contractor is advised to investigate the sites and develop a least cost method of material removal considering volume of material, mobilization, processing, transport issues, moving between units, winter shut down and possible remobilization based on their performance schedule. Contractor’s quote will become a binding part of the resulting Task Order.

4.

Evaluation

Price and non-price factors such as availability, operations plan, past performance and local area consideration (workforce and markets) shall be considered by the Contracting Officer when making award decisions of individual Task Orders. It is the Government’s intent to award Task Orders based on initial proposals received. However, the Government may, at its option, choose to hold discussions with the Contractors on a particular project. Award of Task Orders will be based upon Best Value to the Government with price related and non-price related factors.

5.

Personnel Authorized to Place Orders against the Contract

The following Forest Service and Bureau of Land Management personnel are authorized to place, compete, award and administer Task Orders under this contract:

Any warranted Contracting Officer with Stewardship contract delegation, within the limits of their warrant, may award and administer a Task Order for work covered by this contract with the physical boundaries of this contract within the USDA – Forest Service Western Oregon Acquisition Zone and the Medford District Bureau of Land Management.

SECTION C - DESCRIPTION AND SPECIFICATIONS

C-1

DESCRIPTION OF WORK

Services may include woody biomass removal; slash grinding and hauling; road brushing; road blading; road drainage work; incidental dozer work; dust abatement and water barring. The intent of this contract is to reduce the need for high intensity slash pile burning, and potential of uncontrolled wildfire, by removing the logging created landing piles and other concentrations of woody biomass debris from selected project areas on the Rogue River – Siskiyou and National Forest and Medford District of the Bureau of Land Management. The process of slash removal from the Federal lands is a connected work item related to larger restoration projects which are occurring across the landscape.

The removal of slash provides both direct and indirect benefits to the restoration objectives: including better air quality, ability to use smoke dispersal days to accomplish landscape level under burning within the project areas, rather than pile burning and eliminating the potential for soil damage associated with burning of piles. Concentrations of other woody biomass material from other restoration activities may also be included in Task Orders. The term “woody biomass material” is defined as vegetative debris including, but not limited to, cull logs, blasted or pushed-out stumps, chunks, broken tops, limbs, branches, rotten wood, damaged brush, damaged or destroyed reproduction, saplings or poles, resulting from previous operations. Slash treatments may be accomplished by, but are not limited to the following means: grinding, chipping, loading and hauling. It is recognized that the woody biomass has some commercial value, but the removal costs are either equal to, or greater than, the delivered price of the material.

Items that may be included in Individual Task Order Projects Schedule of Items:

Service Items

Haul cost for chipped material (average trip distance, 30 or less miles one way).

Base this distance on the delivery point identified in your RFP.

Green Ton/Mile

Haul cost for chipped material (average trip distance, 30-60 miles one way).

Base this distance on the delivery point identified in your RFP.

Green Ton/Mile

Haul cost for chipped material (average trip distance, 60-100 miles one way).

Base this distance on the delivery point identified in your RFP.

Green Ton/Mile

Haul cost for chipped material (average trip distance, over 100 miles one way).

Base this distance on the delivery point identified in your RFP.

Green Ton/Mile

Product Removal

Contractor shall furnish all labor, supervision, transportation, equipment and incidentals necessary to remove the material and perform additional services as identified in the project Task Orders.

Stated in the concept of end results, the intent of this contract is to utilize 95% or more of concentrated slash from project areas. A side benefit of this contract is the potential opportunity for use of slash materials as a renewable energy source.

This solicitation and any resultant contract is a stewardship project in accordance with Section 323 of Public Law 108-7 (16 U.S.C. 2104 Note, as revised February 28, 2003 to reflect sec. 323 of J.J. Res. 2 as enrolled), the Consolidated Appropriations Resolution, 2003, amending Public Law 105-277, sec. 347.

Treatments that remove biomass and provide it as feedstock for commercial markets are favored over those that accomplish fuels reduction through other methods. Contractor shall indicate the locations and quantities of biomass that will be treated with methods other than removal, and indicate whether any of that material may require later burning by the Government.

Services that are within the scope of this contract, and may be ordered by the Government, include: woody biomass removal, slash grinding and removal, hauling of biomass materials, road blading and drainage maintenance, incidental dozer work, dust abatement and water barring.

This IDIQ RFQ covers the entire Rogue River – Siskiyou National Forest and surrounding Medford District Bureau of land Management administered lands. Individual project maps will be included with Task Orders. All Task Order work areas may be reached by Forest roads that are accessible by standard two-wheel drive pickup trucks during normal operating seasons. Operations proposed outside of normal operating seasons may require additional stipulations by the Government, at the sole cost to the Contractor, to protect the roads. The Government will not plow snow or do special maintenance to keep roads open. Vehicle travel is limited to designated open roads, except where otherwise noted. Some units may be located in vehicle access management areas. Treatment area boundaries, other than easily identified ground features shown on the contract maps, have been or will be marked with flagging and depicted on the attached unit maps.

C-2

STATEMENT OF WORK/SPECIFICATIONS

Contractor is responsible for all supervision, transportation, and operating supplies to achieve the end results required. The end results sought are removal, to the most practical extent possible, all woody biomass material from Federal lands as described herein. These materials include but are not limited to landing piles that consist of logging slash, non-commercial trees, down and dead trees, decked cull logs, wood chunks, slash, limbs, uprooted stumps, brush, and any other related forest material. Removal of material shall be limited to kinds and amounts and locations as described in the individual task orders.

Care and precautions shall be taken by the Contractor in conducting operations to minimize damage to existing trees, vegetation, slopes and roads. As trucks will remove material by hauling on gravel and dirt roads, Contractor shall also provide road maintenance services as needed and as ordered in the individual project Task Orders. Incidental services that may also be ordered include dust abatement, landing clean up and restoration and drainage maintenance on the Government owned roads used by the Contractor. Special considerations shall also be taken for public safety. Contractor is required to post operational notices, warning and hazard barriers and signs as necessary as required by the MUTDC guidelines.

Contractor is required to purchase all the material removed from the project sites. This value of the material to be removed shall be covered with advance deposits based upon the rates as shown in the Schedule of Items. Volume to be removed as shown on the Task Orders is to be removed during specified periods. The volume of material suitable for removal included in any Task Order project will be estimated and is not guaranteed. The Government does not warrant, or guarantee, woody biomass material volumes as indicated on individual project Task Order schedules. Contractor shall be responsible and accountable for payment of actual volumes removed.

Woody biomass removal work will be considered acceptable when a majority of the material has been removed from the designated slash piles except minor amounts of limbs, twigs, needles, leaves and bark. Remaining wood material shall be scattered across the landing area or piled in burnable piles as specified by the Government.

Measurements to determine volume removed for payment purposes shall be conducted by an independent third party approved by the Government and shall be done in accordance with contract product specifications. Contractor shall bear the costs for measurement services. In the event the third party measurement service is suspended, hauling operations shall be suspended until alternate measurement services are agreed to by the Government or service by the third party is resumed.

C-3

CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

Contractor shall identify the quality control inspection system it will use to ensure that contract specifications and requirements are being met. Contractor shall not rely upon Government inspections to determine and maintain performance quality controls. 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.

C-4

ACCEPTANCE

The Government 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. The Government shall pay the final amount due the Contractor under this contract after:

1.

Completion and acceptance of all work;

2.

Presentation of a properly executed invoice; and

3.

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that Contractor has specifically stated as an exception from the operation of the release.

C-5

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

The objective is to provide a quality surveillance plan for contract items performed on this resulting contract. This plan provides a basis for Contracting Officer’s Representative to evaluate the quality of the Contractor’s performance. The oversight provided for in the contract and in this plan will help ensure that quality levels reach the required levels of performance. The Government will, at its convenience, make periodic inspections of work to assure itself of contract compliance and to determine or confirm Contractor is performing quality control in accordance with its Quality Control Plan and Contractor is monitoring results in quality performance of contract objectives. As stated above in C-1, the intent of this contract is to utilize 95% or more of concentrated slash from project areas. A side benefit of this contract is the potential opportunity for use of slash materials as a renewable energy source.

C-6

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

Contractor shall be required to (a) commence work under any project task order within 10 calendar days after receipt of Notice to Proceed, (b) prosecute the work diligently and (c) complete the entire work no later than the time specified or agreed to under the individual Task Order unless changed by mutual agreement. The time stated for completion shall include final cleanup and demobilization from the project site.

The number of calendar days allotted for completion of all work under a given task order shall be negotiated prior to issuance of the task order and will be expressed on the task order. The rates of progress to be used for determination of performance periods shall be based on standard industry practices and consideration of the Contractor’s equipment, workforce and existing uncompleted task orders against this contract. Performance periods on sequential task orders may be established for consecutive performance or the timing for performance may run concurrently, as mutually agreed.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of the 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

C-7

PERIOD OF PERFORMANCE AND EFFECTIVE PERIOD FOR THE CONTRACT

The effective period of this contract is from date of contract award for a period of one year, plus any Option Years, if exercised.

C-8

SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed for each Task Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed. All schedules and reports shall be submitted to the designated COR for each Task Order.

C-9

MATERIAL FOR TRANSPORT

Only material awarded under a resulting contract and designated on the units in accordance with the Task Order maps and Schedule of Items will be removed. All designated material for transport remains property of the Government until delivery to a site identified by the Contractor and acceptable to the Government.

Contractor shall report to the Contracting Officer the number of loads transported on a bi-weekly basis. The Load Receipt portion of the Product Removal Permit shall be sent to a location as designated in writing by the COR before close of business each Friday, unless another reporting system is mutually agreed upon.

Transportation shall follow all applicable Rogue River – Siskiyou and National Forests or Medford District Bureau of Land Management road use rules and plans. The Government reserves the right to approve and control haul routes.

C-10

ACCOUNTABILITY

The following requirements are applicable to product removal permits:

Government will issue to the Contractor, or designated representative(s), serially numbered Product Removal Permit Books for use only on this project. Product Removal Permit Books, whether used or un-used, shall be returned to the issuing Government Office in accordance with instructions contained on cover of each book.

All permits shall be completed and attached to product loads by an individual named in writing, other than the truck driver in accordance with the instructions on the inside cover of the Product Removal Permit Book. Product Removal Permit will be attached prior to removal from the immediate vicinity where loading is done. The permit will remain attached until the load is unloaded at the delivery point. Failure to do so will result in a citation.

Contractor shall require truck drivers to stop, when requested by the Government, for purposes of monitoring accountability when products are in transit. Methods to be used to alert drivers of an impending stop shall be agreed to in advance of hauling products.

C-11

RESOURCE PROTECTION

a.

Operation locations will be approved in advance by the COR.

b.

If any cultural or archaeological sites are discovered within the work area or by the Contractor’s operation, the Contractor shall immediately cease work in the immediate area and notify the Contracting Officer. The Government may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact or similar object which is or may be entitled to protection under 16 U.S.C. 431-433, 16 U.S.C. 470, PL 96-95 and 36 CFR 261 9(e). In accordance with 36 CFR 296(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

c.

All equipment to be used off-road shall be free of noxious weeds and/or their seeds. Cleaning shall be off of Federal lands, and will be performed prior to transportation to Federal Lands. All equipment shall be inspected and approved by the COR prior to moving onto Federal Lands.

C-12

DEFINITIONS

a.

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of their authority.

b.

Contracting Officer's Representative (COR) - COR is the on-site Contract Administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

c.

Useable Material - All slash and woody debris material may be removed from treatment unit(s) which is chippable/transportable material.

d.

Non-useable Material - Material that is not chippable or can be removed from treatment unit(s) or does not meet Useable Material specification.

C-13

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until the date specified on the Notice to Proceed. Contract time shall commence on the day indicated on the Notice to Proceed.

C-14

WORK SCHEDULE

The Government may specify the priority of work by Project Area(s) or Treatment Unit(s) of individual Task Orders. In order to observe work in progress, Contractor shall notify the COR or Inspector 24 hours in advance of changes in their established work schedule. Work schedule will be 5 days a week, Monday thru Friday (Saturday and Sundays will not count against contract time) or as agreed by both parties. Failure to notify the Government in changes to the established work schedule may result in the assessment of administrative costs. Some project areas may have seasonal use restrictions. It is the Contractor’s responsibility to determine motorized access or other restrictions to the units.

C-15

PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber resource 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 payment sections of 52.212-4, for actual quantities removed. For purposes of calculating payment it is anticipated that quantities for biomass purchased, will equal the amount of woody biomass removed under the service portion of the Schedule of Items.

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

C-16

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 product value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

C-17

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 Government. No credits will be established for work performed under terms of Schedule B.2 and Appendix A Timber Removal Specification.

C-18

CONTRACTOR CERTIFICATION

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

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

WOODY BIOMASS REMOVAL

STEWARDSHIP PROJECTS

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) C-19

TIMBER RESOURCE PAYMENT GUARANTEE

(1) General—

(a) To guarantee payment for products scheduled for removal under the Integrated Resource Service Contract (IRSC), Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable cash payment, or a deposit in 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 products that has not been paid for.

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

(3) Blanket Surety Bond or Deposits— (a) Contractor may furnish an acceptable bond, or deposits 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 Government. The Contractor will provide the contact information for the Government representative administering the Blanket Surety Bond.

(c) When there is to be no product 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 or appropriate BLM form.

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

C-20

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 Government, at its option, shall either add more product or make cash payment for the unused credits.

C-21

EXCESS TIMBER VALUE

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

C-22

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 product that the Government estimates will be removed 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, “RESOURCE TIMBER PAYMENT GUARANTEE,” before additional timber may be cut.

C-23

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of a task order award. The conference will be held at a designated Government Office, based on the location(s) of the Task Order project. The meeting will include discussion of contract terms and work performance requirements, task order submittals, work performance schedule, fire prevention/suppression and safety plans. Contractor and applicable representatives (subcontractors and project supervisors) shall attend.

C-24

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 National Forest lands or lands administered by the USDA, 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, Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

C-25

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) Contractor shall assign to this contract the following key personnel:

i.

Overall Project Manager ii.

Operations Supervisor

(b) During the first 30 days of performance, Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. 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, Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) 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. Contracting Officer will notify 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.

C-26

EROSION PREVENTION AND CONTROL

Contractor’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Government may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Government to do the work. If needed for such work, Contractor shall make additional deposits on request by the Government. Any money deposited or used for this purpose shall be treated as cooperative deposits.

C-27

PROTECTION OF RESIDUAL TREES

Contractor's Operations shall not unnecessarily damage young growth or other trees to be reserved.

C-28

SANITATION AND SERVICING

Contractor shall take all reasonable precautions to prevent pollution of air, soil and water by Contractor's Operations. If facilities for employees are established on contract area, they shall be operated in a sanitary manner. Contractor shall not service tractors, trucks or other equipment on Federal lands where servicing is likely to result in pollution to soil or water. Contractor shall remove from Federal lands all refuse resulting from use, servicing, repair or abandonment of equipment. In the event that Contractor's operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of the Government.

C-29

PREVENTION OF OIL SPILLS

a.

For work to be completed the Medford or Ashland Municipal watersheds:

No fuel storage will be allowed.

All stationary equipment, and equipment being serviced, shall have an oil absorbent pad placed underneath. Equipment requiring repairs shall be moved from the watershed before this occurs. Contractor shall provide approved chemical toilets for use during operations at locations that are readily accessible to all work areas.

b.

For areas outside of municipal watersheds the following requirements must be met:

If Contractor maintains storage facilities for oil or oil products on contract area, Contractor shall take appropriate preventive measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

C-30

WASHING EQUIPMENT

In order to prevent the spread of noxious weeds into the contract area, Contractor shall be required to clean all off-road logging and construction equipment prior to entry on to the Federal lands. This cleaning shall remove all soil, plant parts, seeds, vegetative matter or other debris that could contain or hold seeds. Only logging and construction equipment so cleaned and inspected by the Government will be allowed to operate within the Federal lands. All subsequent move-ins of equipment to the Federal lands shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Areas requiring protection from Port Orford Cedar (POC) shall have to meet the requirement of one gallon of Clorox per 1000 gallons of water.

Unless otherwise agreed, Contractor shall give the Government at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Government.

New infestations of noxious weeds, of concern to Government and identified by either Contractor or Government, on the contract area or on the haul route, shall be promptly reported to the other party. Contractor and Government shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Government is available at each Government office.

C-31

FIRE PRECAUTIONS AND CONTROL PLANS

(See Attachment #2) C-32

USE OF ROADS BY CONTRACTOR

Contractor is required to maintain roads, bridges and other transportation facilities, as needed for removal including biomass material from Federal lands where Government has such authority. The location and clearing widths of all temporary roads or facilities shall be agreed to before construction is started. Contractor is authorized to cut, and use for construction without charge, construction timber designated by agreement.

Except as provided herein, Contractor is authorized to use existing Federal roads and specified roads when such use will not cause damage to the roads or Federal resources and when hauling can be done in a safe manner. If Contractor’s use of an existing temporary or Federal system road cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the minimum reconstruction work that Contractor shall perform before hauling.

The contract area map shows existing temporary or permanent roads that for such reasons as limitations in structural capacity, safety, and protection of soil, water and roads:

(a) Cannot be used for log hauling or (b) May be used only under the restrictive limitations stated therein.

Contractor's use of existing roads identified on contract area map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Roads coded A will be signed by the Government to inform the public of use restrictions. Contractor's use of roads coded R, A or W shall be in accordance with the following restrictions:

Restricted Road List

All roads used for hauling

As listed in the Task Orders

C-33

ROAD MAINTENANCE AND ROAD MAINTENANCE DEPOSITS

Contractor may be required in some cases to pay road maintenance deposits to the Government to cover maintenance for items such as surface rock replacement or bituminous surface repair and maintenance. This applies to only USDA – Forest Service Roads. When such deposits are required, they shall be listed in Task Orders.

Contract Responsibilities for road maintenance:

Road maintenance will normally be required to some degree on all Task Orders. The requirements will be shown in, and ordered by the Task Orders, either as a separately priced line item or as ordered from equipment rental rates acquired for each Task Order.

The general specifications for Road Maintenance under this contract are shown in Attachment 1.

C-34

USE BY OTHERS

Government shall have the right to use any road constructed by Contractor under this contract for any and all purposes in connection with the protection and administration of the Federal land. Other parties, in connection with the logging of tributary Federal timber, may use roads constructed by Contractor hereunder when such use will not materially interfere with Contractor’s operations. Such third party use shall be contingent upon the third party paying a fair share of maintenance cost commensurate with such commercial use. Unless otherwise provided, Government shall authorize other uses of roads constructed by Contractor hereunder only if:

(a) Government makes appropriate arrangements to relieve Contractor of related maintenance costs commensurate with such other uses and (b) Such other uses will not materially interfere with Contractor’s operations.

Where Contractor reconstructs a road having established use, the use during reconstruction and thereafter by Contractor shall be such as to reasonably accommodate such established use. Contractor shall have the right to use such reconstructed road without material additional interference from other users.

C-35

INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the Task Orders and this basic contract. Unless otherwise provided, Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies and perform all work required to complete the project in accordance with drawings, specifications and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the applicable Schedule of Items of each task order. All other work performed and materials supplied will be considered as incidental to the project requirements.

C-36

SAFETY

Contractor’s Operations shall facilitate Government’s safe and practical inspection of Contractor’s operations and conduct of other official duties on contract area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees.

In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request a rate redetermination. Unless otherwise agreed in writing, when Contractor’s operations are in progress adjacent to or on Government controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s operations. Contractor and Government shall agree to a specific traffic control plan for each individual project prior to commencing operations.

Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on plans, contract area map, traffic control plan, or in specifications attached hereto.

C-37

PERSONAL PROTECTIVE EQUIPMENT

1. 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.

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

Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.