1.AG-04P5-S-08-9001_Solicitation.doc

Solicitation No. AG-04P5-S-08-9001

OMB Approved No. 9000-0006

UNDER DPAS (15 CFR 350)

NO.

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

USDA, Forest Service

Fremont-Winema National Forest (AQM) 1301 South G. Street

Lakeview, OR 97630

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

SOLICITATION

(Hour)

(Date)

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

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

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

period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

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

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

FACILITY

AND

OFFER (Type or Print)

ADDRESS

OF

OFFEROR

code)

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

To be obligated via individual task orders

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

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

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

USDA Forest Service Albbuquerque Service Center

B&F – Miscellaneous Payments

101B Sun Avenue NE

Albuquerque, NM 87109

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

PREVIOUS EDITION NOT USABLE

Prescribed by GSA

FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

Lakeview, Bly, Silver Lake and Paisley Ranger Districts Fremont-Winema National Forests Lake County

B.1

SCHEDULE OF ITEMS:

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B.1, Mandatory Work Activities.

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

Felling, yarding, and decking of non-saw material not in conjunction with commercial harvest. Including piling of landing slash.

B.1

SCHEDULE OF ITEMS:

Felling, yarding, and decking of non-saw material not in conjunction with commercial harvest. Including piling of landing slash.

TOTAL ALL ITEMS

NOTE: This is an Indefinite Delivery Indefinite Quantities contract. The quantities in the Schedule of Items are estimates only. Task orders will be issued identifying specific units to be completed based on the above pricing. With few exceptions, timing of the work is dependant upon completion of timber harvest and fuel treatment activities.

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

* Item marked with an asterisk is considered Construction work for which construction clauses apply.

B.2

TIMBER REMOVAL PRICE SCHEDULE:

Values of timber products removed to be applied at Flat Rates

ACCEPTABLE

BID 1/

BID

(FLAT) 2/

$ N/A

$ N/A

1/ The Minimum Acceptable Bid will be determined with each task order issued using standard Forest Service appraisal methods. Costs to be included in the appraisal will be stump-to-truck, which includes piling of landings, haul, scale, building and closing of temporary roads, any required deposits. Road maintenance, road construction and reconstruction, will be service items and not included in the appraisal. The Minimum Acceptable Bid will be reflective of current market conditions at the time the task order is issued, and will be applicable to all products removed under each task order.

2/ No entry is required for timber products in the contractor’s price proposal in response to this solicitation. However, in all future individual task orders, the Contractor will enter their Bid (Flat) for each product in each task issued based upon the calculated Minimum Acceptable Bid. This rate will become the Current Contract Rate established for stumpage payments in Appendix B, pursuant to Standard Clause E.1.

Timber Removal Specifications in Appendix B will be based upon the work required to meet the goals and objective assigned to each stand in each task order issued.

B.3

LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B.1 will be made as defined in Section G. In accordance with the Ordering provisions, orders may be placed for optional items in any order that is in the best interest of the Government.

Performance of all work activities shall be based upon issuance of Task Orders by the Contracting Officer in accordance with the Ordering clauses. Quantities are estimated, based upon reasonable projections of requirements.

B.4

NEGOTIATION OF HOURLY EQUIPMENT RATES

Prior to award of a contract, hourly rates for certain equipment not yet identified in a schedule will be negotiated and included in the Schedule of Prices. Equipment may be required for various tasks not specifically identified in Work Activity Item specifications, but incidental to ordered work activities. Tasks may include additional slash and landing debris piling, road obliteration, maintenance, culvert work, etc. not otherwise addressed in the Schedules.

B.5

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $100,000.00 but not in excess of 25,000,000.00.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1

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

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

C.2

PROJECT DESCRIPTION

(a) Description of Work – The Sustained Yield Restoration Stewardship Project is intended to promote the restoration of the forest within the Lakeview Stewardship Unit to historical conditions. This includes thinning overly dense forest stands, utilizing the thinned material as saw logs, biomass or non-utilization thinning. Other work may include road reconstruction and maintenance to support utilization or to prevent resource degradation, stream improvements, juniper cutting and/or removal, seeding of native species for noxious weed exclusion, treatment of activity and existing slash. Removal of saw log products will be subject to, and will comply with all the requirements of the Lakeview Sustained Yield Unit Policy Statement (Revised 1/01), the terms of which are hereby incorporated by reference. If the Policy Statement is revised during the course of this contract, Contractor will be required to comply with the requirements of the revised policy statement.

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

(c) Project Location – Project is located within the bounds of the Lakeview Stewardship Unit on the Lakeview, Paisley, Silver Lake and Bly Ranger Districts of the Fremont-Winema National Forests.

C.3

SPECIFICATIONS

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

C.4

CONTRACTUAL ARRANGEMENT

(a) This is a Task Order contract for the services specified, to include construction, and effective for the period stated in the Schedule. The quantities of services specified in the Schedule are estimates only and are not purchased by this contract, except as orders placed in accordance with the ordering clauses. Minimum and maximum quantity requirements, if any, are as stated in the specific Work Activity Item Schedule, or if not in the schedule, as stated in the Order Limitations clause. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Subject to any limitations in this contract, the Contractor agrees to furnish to the Government the services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government the services specified in the Schedule up to and including the quantity designated as ``Maximum'' in specific, or indicated in the Ordering Limitations clause. The Government shall order at least the quantity designated as ``Minimum''.

(c) Except for any limitations stated in the Order Limitations clause, there is no limit on the number of orders that may be issued. The Government may issue orders for performance at multiple locations in the project area. A Task Order issued in accordance with a Work Activity Item is binding under the terms and conditions of this contract.

(d) The Government will obtain performance of all services in the Schedule exclusively from the Contractor, until such time as the Government requires performance and the contractor is unable to provide.

C.5

ORDER LIMITATIONS

(a) MINIMUM ORDER. Except as this contract otherwise provides, the Government shall place orders for services specified in Schedule B, ONLY with the awarded contractor.

(b) MINIMUM GUARANTEE. This contract acquires an unspecified quantity of services. The amount of work is difficult to forecast, however the Government does guarantee that it will order the minimum quantity of services during the contract period, or will pay for services rendered plus any difference to equal the minimum. In the event that the contract is terminated for cause or the convenience of the Government, the guarantee shall not be applicable.

(c) MAXIMUM ORDER. The Contractor is not obligated to honor any single order for an item in excess of any maximum stated in specific Work Activity Item Schedules or a combination of items or total series of orders in excess of the maximum possible Stewardship Credits, based upon the awarded timber values.

C.6

ORDERING

(a) Authorized Ordering Officials: The following individuals are designated as Ordering Officials under this contract and are authorized to place orders within their respective levels of authority: USDA, Forest Service R6 Warranted Contracting Officers.

(b) Ordering Procedure: The Government will determine which Work Activity Items are required and place written task orders with the Contractor to provide the item as specified. Reasonable time will be negotiated at time of order to allow for mobilization. Performance period will be as stated in the Work Activity Item specifications, or as otherwise mutually agreed at time of order.

For any task order that includes equipment to be paid on an hourly basis, the Government will evaluate the equipment and the operator's skills, prior to placing the order.

(c) - Contractor Obligation: Upon issuance of a task order, the order becomes a binding contract under all terms and conditions of this contract and the Contractor is obligated to meet the requirements of the task order as accepted.

(d) – Documentation: Facsimile documentation of order and acceptance is acceptable insofar as the documentation thus received is clearly legible.

C-7

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-1 contained in Section I of the contract.

To be identified under the individually placed task orders.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items

E.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

52.246-04

Inspection of Services – Fixed Price (AUG 1996)

52.246-12

Inspection of Construction (AUG 1996) E.2

CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

E.3

ACCEPTANCE

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

E.4

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

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

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items

F.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.247-55 F.O.B. Point for Delivery of Government-Furnished Property (JUN 2003) F. 2

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

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

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

It is estimated that work will begin on or about June 1, 2008. The actual date is negotiable based upon actual award date, prospective work and weather conditions.

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

F.3

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through 10 years after date of contract award.

F.4 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

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

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

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

F.5

SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed under a 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 Contracting Officer’s Representative within the issued task order.

F.6 TASK ORDER PRIORITIES

In the event of issuance of a “priority” task order as determined by the Government, the Government may modify the delivery dates on any or all other task orders.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1

PAYMENT

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

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

In the event that service type restoration work is completed prior to the removal of included timber that is to be used to offset the cost of doing the work, the contractor is to have sufficient financial resources to pay employees and subcontractors for completing the work.

G.2

STEWARDSHIP CREDITS

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

G.3

ESTABLISHMENT OF STEWARDSHIP CREDITS

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

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

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

G.4

CONTRACTOR CERTIFICATION

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

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

SUSTAINED YIELD RESTORATION STEWARDSHIP PROJECT

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

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

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

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

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

(Name)

(Title)

(Date) G.5

TIMBER PAYMENT GUARANTEE

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

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

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

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

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

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

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

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

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

G.6

EXCESS STEWARDSHIP CREDITS

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

G.7

EXCESS TIMBER VALUE

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

G.8

REFUND OF EXCESS CASH

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

G.9

CASH PAYMENT FOR LAND MANAGEMENT ACTIVITIES

In lieu of providing timber for established Stewardship Credits the Forest Service may elect to pay the Contractor cash in the form of a cash credit on the contractor's statement of account. Or, upon completion of all work, if Stewardship Credits remain, payment may be made in accordance with the Payments clauses (See Section I).

G.10

FINAL PAYMENT - RELEASE OF CLAIMS

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

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

G.11

HOURLY EQUIPMENT CONTRACT ADMINISTRATION/PAYMENT PROVISIONS –

(1) - METHOD OF MEASUREMENT. An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, (except mobilization) will constitute authorized work. Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute "actual operation." Payment for ordered blade changes shall be made at the standby rate not to exceed 1 hour for each blade change.

(2) - PAYMENT:

(a) - Where a mobilization rate is provided and identified in the task order, 50 percent of the lump sum mobilization allowance will be paid after start up on first invoice. Payment at release will be remaining 50 percent of the lump sum. No mobilization will be paid for replacement equipment. Moving of support equipment and personnel shall be at the Contractor's expense. If equipment is on site, working either hourly or under a Work Activity pay item, no mobilization will be paid unless a significant move requiring hire of a lowboy or walking under power in excess of one hour is necessary.

(b) - Standby. During authorized hours of work, the Government will pay 50 percent of the hourly rate when equipment is specifically ordered to standby. If transport is ordered to standby, it will be paid 50% of the Extended Move Between hourly rate in the schedule.

(c) - Rejected or Replaced Equipment. In accordance with 3.5 - Inspection and Acceptance, no payment will be made for rejected equipment. Consideration may be given for move-out of replaced equipment at direction of Contracting Officer.

(3) - DAILY RECORD. The Government will maintain a daily record for each piece of equipment clearly identifying:

(a) - Task Order Number

(b) - Contract number and Item number equipment is working under.

(c) - Name of Contractor.

(d) - Hours of actual operation authorized to nearest quarter hour.

(e) - Time of operation lost and explanation

(4) - BASIS OF CREDIT/PAYMENT. The daily record will constitute the basis for calculating the sum due the Contractor.

(5) - INVOICING. The Contractor is responsible to provide a signed and properly executed invoice to the Government for each portion of work under a task order for which credit/payment will be given. Reference G- 3 - Stewardship Credits and the Prompt Payment Act. In addition to the Contract Number, Contractor Name, Address, Invoice Number and Date, each invoice shall clearly identify the:

1.

SPECIFIC TASK ORDER NUMBER and

2.

ORDER DATE and

3.

The EQUIPMENT BEING INVOICED .

SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items

H.1

FAR 52.236-4 PHYSICAL DATA (APR 1984)

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

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

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

H.2

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within approximately 30 days after the date of contract award. The conference will be held at the Fremont-Winema National Forests Supervisors Office in Lakeview, OR, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.3

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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

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

H.4

AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

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

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

H.5

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager

Logging Supervisor

Fuels Treatment Supervisor

Road Construction Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance and obliteration.

Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

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

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

H.6

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

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

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

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

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

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

H.7

FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

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

(b) Definitions.

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

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

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

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

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

(2) Wage and Payroll Standards

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

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

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

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

(3) Motor Vehicle Safety

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

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

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

(4) Housing

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

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

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

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

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

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

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

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

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

Field Sanitation

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

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

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

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

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

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

H.08 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999) The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

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

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

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

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

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

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

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of required cross ditching.

Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites. Such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

H.10

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, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service.