Solicitation_MCS_A_to_Z_Amendment_0004_dated_052813.pdf

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Integrated Resource Service Contract (IRSC)—Construction – FAC 66 SOLICITATION OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 350) 1

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

AG-05G1-S-13-9001 [ ] SEALED BID (IFB)

[X ] NEGOTIATED (RFP)

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

USDA Forest Service Okanogan-Wenatchee National Forest 215 Melody Lane Wenatchee, WA 98801

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

SOLICITATION

9. Sealed offers in original and three copies for furnishing the supplies or serviced in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 215 Melody Lane, Wenatchee, WA until 4:30 pm local time 06/19/2013

(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.

10. FOR INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Carl Ericksen

AREA CODE NUMBER EXT.

cericksen@fs.fed.us 509 664-9316

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK/STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIVES, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA X L INSTRS., CONDS., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

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

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

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

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

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME AND

ADDRESS

OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

DUNS:

15B. TELEPHONE NO. 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ) ) 41U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

Albuquerque Service Center – Miscellaneous Payments 101B Sun Ave NE

Albuquerque, NM 87109

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c)

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PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

SCHEDULE OF ITEMS

B.1 SCHEDULE OF SERVICE ITEMS:

Contractor Name

ITEM

NO.

DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL

NEPA SERVICES

Perform NEPA and participate in collaboration in accordance with the specifications in

Appendix A. NEPA shall be performed by a third party in order to avoid a conflict of interest. This is for information only, no payment will be made for this line item and stewardship credits will not be accrued. This information will be used when determining price reasonableness.

Lump Sum 1 $_______ $_______

Perform pre-treatment services in accordance with the specifications in Appendix A. Pre-treatment services include all the work that must be performed on-the-ground prior to implementing on-the-ground treatments. This is for information only, no payment will be made for this line item and stewardship credits will not be accrued. This information will be used when determining price reasonableness.

Work, including but not limited to the following:

A) Harvest unit layout, boundary tagging and painting, brushing and traversing (GPS)

(flagging and paint supplied by the

Contractor). (Range 70-150 miles)

B) Tree Marking (paint supplied by the

Contractor) (Range 0- 7,000 acres)

C) Timber Cruising (Range 50 – 200 plots)

D) Property line establishment (Range 0-10 miles)

E) Property line maintenance (Range 0-10 miles)

Mile

Acre

Plot

5,000

Total NEPA and Pre-treatment Items $

OPTION ITEMS TO BE PERFORMED BASED ON NEPA RESULTS

This is just a sample of work activities since we will not know what work will be performed until the Forest

Service selects the preferred alternative (Line Item No. 1). The following line items will be used to determine price reasonableness for award purposes. Actual work to be ordered will be negotiated using detailed cost breakdown data. Stewardship credits will be accrued for these work items.

SERVICE WORK

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DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL

a) Thinning of stands with 1000-2000 tpa to a spacing of 12X12 (Range 0-500 acres)

b) Thinning of stands with 2001-4000 tpa to a

c) Thinning of stands with 4001-6000 tpa to a

Mechanical Fuels Reduction:

a) Mechanical Piling (Range 0-500)

b) Mastication (Range 0-500)

Acre

Acre

5 Tree Planting (Range 0-500 acres) Acre 250 $_______ $_______

Machine Fuelbreak and Fireline Construction

(Range 0-5 miles) Mile 2 $_______ $_______

Grinding and Removal (Range 25,000 -

100,000 tons) Ton 50,000 $_______ $_______

Noxious Weed Treatment (Range 50-150 acres) Acre 100 $_______ $_______

9a

Support for prescribed fire projects;

Type 3 Engine – Includes Engine Boss plus

2 FF2 Hour 20-40

9b

Support for prescribed fire projects:

Type 6 Engine – Includes Engine Boss plus

1 FF2 Hour 20-40

9c

Support for prescribed fire projects:

Type 2 Tender – Includes Driver Hour 20-40

Create snags within treatment units where post treatment snag numbers will be deficient.

(Range 0-1,000 each)

Each 500 $_______ $_______

ROAD WORK - CONSTRUCTION

Road Maintenance - Grade and shape road to remove gullying and erosion, and movement of sediment from road surface and ditches into nearby streams. (Range 0-50 miles)

Mile 20 $_______ $_______

12 Road Construction (Range 0-5 miles) Mile 2 $_______ $_______

13 Road Reconstruction (Range 5-30 miles) Mile 10 $_______ $_______

Road Obliteration – Close roads by filling and re-contouring the excavated road bed. Pull out culverts and stabilize stream crossing sites.

(Range 0-5 miles)

Mile 2 $_______ $_______

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DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL

Road Decommissioning – Close roads with slash, rocks and/or earthen berms. Pull out culverts and stabilize unstable fill slopes and stream crossing sites. (Range 0-10 miles)

Mile 5 $_______ $_______

Road De-Compacting Rip roads to not less than

16 inches deep and 12 feet wide. (Range 0-5 miles)

Mile 2 $_______ $_______

Road Entrance Closures – Close road entrances with slash, rocks and/or earthen berms. (Range

0-10 roads)

Road 5 $_______ $_______

Install in-stream structures and riparian ex-closures within selected Riparian Habitat

Conservation Areas (RHCA). (Range 0-500 each)

Each 200 $_______ $_______

Culvertcatch basin aand ditch-line clean-out to facilitate water flow for fish passage, and to prevent road failure due to water back-up.

(Range 0-300 each)

Each 150 $_______ $_______

Total All Service Items $

In addition to the price to be paid by the contractor for timber products to be removed, the Contractor shall pay deposits for road maintenance in the amount of $ < > per Ton. Road maintenance costs may be between $0.50 and $50/ton and will be shown on the task orders.

A ton or green ton is defined as 2,000 pounds of undried biomass material.

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

Note: Price Proposals MUST be provided on ALL Items in Schedules B-1, Base and Option Work

Activities and B-2, Timber or other products Removal Price Schedule.

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - All products will be sold at current appraised rates.

SPECIES

PRODUCT

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

DF & Other

Coniferous S pecies

Saw Timber (Range 192,000 to 319,800 Tons) Inclusive of Ground-based, Skyline and

Helicopter

250,000 Ton Current Appraised

Rates

DF & Other

Coniferous S pecies Green Biomass (Range 38,00 to 64,000)

50,000 Ton Current Appraised

Rates

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Contractor provide:

TIN:______________________________

DUNS:____________________________

Email:_____________________________

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and

Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in

Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed.

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. Optional Work Activities on the Schedule will be ordered for all or a portion of the estimated quantities shown, based upon the value of timber available or additional funding. Optional work activities may be ordered at any time within the contract period.

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PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C.2 PROJECT DESCRIPTION

This solicitation and any resultant contract will be used for stewardship activities on the Colville

National Forest within the area shown on the attached contract area map. The resultant contract will be a Requirements stewardship contract utilizing the authority granted under Section 347 Omnibus

Consolidated Appropriations Act of FY 1999, as Amended by Sec. 323 of P.L. 108-7, 2003. The intent of this contract is to manage a piece of Forest Service land from the planning stage through completion of all product removal and service work activities. Work may include, but is not limited to, meeting requirements of the National Environmental Policy Act (NEPA), unit layout, cruising, marking, road and trail maintenance; work to improve soil productivity, habitat for wildlife or fisheries, or other resource values; setting prescribed fires; removing vegetation to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; restore and maintain wildlife and fish habitat; and control noxious and exotic weeds and reestablish native plant species.

Work to be performed will depend upon product value and available funding. The Forest Service maintains all inherently governmental functions such as selecting the preferred alternative.

In order to avoid a conflict of interest, the prime contractor shall provide a third-party contractor to perform NEPA services and participate in collaboration. This third-party contractor shall report directly to the Forest Service, but will be paid by the prime contractor. The prime contractor shall provide a designated representative from the third-party contractor to report directly to the Forest

Service with full contractual authority, except for circumstances related to time and price. The third-party contractor shall sign a non-disclosure statement and a statement showing that no conflict of interest exists. The Contractor shall prevent any conflicts of interest.

No payment shall be made for NEPA services and no stewardship credits shall be accrued for NEPA work. No payment shall be made for Pre-treatment Services and no stewardship credits shall be accrued for this work. In the event that the preferred alternative is a no action decision, the

Contractor will not receive any payment for performing NEPA services. The risk for performing

NEPA and pre-treatment services lies with the Contractor.

If the decision is to perform restoration activities, these activities will be paid with appropriated funds or the value of the products removed will be traded for the restoration activities.

It is anticipated that some forest products will be removed since that is part of the mission of the

Forest Service. How much will depend upon the analysis. It is therefore in the best interests of the contractor to have an experienced third-party contractor perform NEPA and collaboration to ensure appeals can be settled and a decision prepared.

The prime contractor shall have sufficient financial assets to support payment for NEPA services.

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Once a final NEPA decision is made by the Forest Service, the prime contractor will conduct work as ordered by the Forest Service through task orders. Each task order will be negotiated with the prime contractor using the contractor’s detailed cost breakdown and market research from similar projects in the geographical area.

(a) This solicitation will result in an arrangement of a single award, performance-based, requirements contract spanning ten (10) years. Pricing of work on a ton or level-of-effort basis will be used for determining price reasonableness for award purposes. The Government cannot predetermine the precise quantities that will be ordered during the contract period.

(b) Project Location – Work may be performed in the following planning areas including estimated volumes:

Onion WUI – 5,500 acres

N/S Mill – 44,000 acres

Little Twin WUI – 4,500 acres

Estimated totals 54,000 acres planning area 30 MMBF to 50 MMBF (192,000 to 320,000 tons)

C.3 SPECIFICATIONS

Following an approved NEPA document, specifications may be added to the resultant contract. If so, they will be included in the appendices as follows:

(a) Specifications for each Stewardship Activity may be incorporated in Appendix A.

(b) Specifications for timber removal can be found in Appendix B. Unit specific information may be added to this appendix based on individual requirements.

(c) Road Maintenance plans and specifications may be incorporated in Appendix C. All standard and special Forest Service road maintenance specifications shall apply. Actual specifications will be incorporated into the task order when needed.

(d) Road Construction plans and specifications may be incorporated in Appendix D. Federal Highway

Administration Road Construction specifications (FP-03) and any Forest Service road construction specifications shall apply. Actual specifications will be incorporated into the task order when needed.

C.5 GOVERNMENT-FURNISHED PROPERTY and Services

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 52.245-2 contained in Section I of the contract.

Government-furnished property will be listed in the task order.

1. The Government will provide GIS maps of the project area and all base layers.

2. The Government will provide access to Forest Service NEPA specialists a maximum of 3 days (24 hours) per month per specialist. The specialist will be available by phone, email, or meetings at a mutually agreeable location.

3. The Government will provide conifer seedlings as specified by the silviculture prescription.

A list of contacts will be made available at time of post-award conference.

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SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

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SECTION E - INSPECTION AND ACCEPTANCE

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):

https://www.acquisition.gov/far/

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

The quality assurance plan for NEPA can be found in Appendix A. Quality assurance plans specific to individual items will be added in Appendix A following a NEPA decision.

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SECTION F - DELIVERIES OR PERFORMANCE

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 at this address:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified in the 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 any services within the scope that are required by the Government. Timber or other product removal activities shall be scheduled and carried out in accordance with the timber or other product removal Specifications in Appendix B and as approved by the

Contracting Officer. New task orders for similar work will not be issued until the previous order is complete.

It is estimated that work will begin in August 2013. 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 of each task order.

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 SCHEDULES AND REPORTS

Contractor shall provide the following submittals within 10 days after issuance of a Notice to Proceed or Task

Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION COPIES REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work

List of proposed sub-contractors and their intended work. Sub-contractors 2

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Traffic Control Plan 2

Soil Erosion and Water Pollution Control Plan 2

Designation of Contractor personnel describing responsibilities and authorities

All schedules and reports shall be submitted to the COR.

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SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

It is anticipated that funds will not be exchanged in the performance of this contract because the value of the timber or other products will offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with the Federal Acquisition Regulations payment clauses in Section I.).

The value of work completed and timber or other products removed will be documented in a Stewardship

Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract.

Unless otherwise provided, the 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 Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.3 PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United

States. Task orders may use scaled or tree measurement procedures.

This paragraph applies to scaled task orders only - Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the

Forest Service estimates will be cut or removed in not less than 30 calendar days and not more than 60 calendar days, plus the value of any outstanding charges for product removed.

This paragraph applies to tree measurement task orders only - Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the total value of product that has not been paid for from stewardship units released for cutting.

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.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

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a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest

Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at

Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

G.4 REIMBURSEMENT FOR BOND PREMIUMS

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.5 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 or other products value included in Schedule B.2.

Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.6 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship

Activities will be made with Product Value or other funding 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.

G.7 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

A to Z MILL CREEK STEWARDSHIP PROJECT

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

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(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.8 EXCESS STEWARDSHIP CREDITS

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

G.9 EXCESS TIMBER OR OTHER PRODUCTS VALUE

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

G.10 REFUND OF EXCESS CASH

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products 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, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

G.11 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.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at a mutually agreed to location and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager

NEPA Team Leader

Presale Forester

Logging Systems Forester

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.3 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999) (Applicable to labor intensive work activities, only.)

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).

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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.4 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND

SEASONAL AGRICULTURAL WORKERS (DEC 1999) (Applicable to labor intensive work activities, only.)

(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, 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

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

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

(2) Wage and Payroll Standards

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

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

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

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

(3) Motor Vehicle Safety

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

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with

Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of

Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver’s license.

(iii)Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat

(maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

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(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.5 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

ACT REGISTRATION (DEC 1999) (Applicable to labor intensive work activities, only.)

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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.6 PERSONAL PROTECTIVE EQUIPMENT

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

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

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

4. The contractor shall provide 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 Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

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

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

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

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

H.7 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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(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 (ii) dispose of solid waste in accordance with applicable

Federal, State and local regulations.

H.8 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (Applicable to labor intensive work activities, only.)

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

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

Premises”, in this contract.

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

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

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

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

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

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

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

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

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

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

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

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

a. Gauze pads (at least 4x4 inches)

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

c. Box…