AG-24H8-S-10-0070.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 43 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-24H8-S-10-

SEALED BID (IFB)

04/20/2010

NUMBER

NEGOTIATED (RFP)

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

USDA FOREST SERVICE, NEAT

4 FARM COLONY DRIVE

WARREN, PA 16365

USDA FOREST SERVICE, NEAT

ATTN: TERESA CORSE

4 FARM COLONY DRIVE

WARREN, PA 16365

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in SEE BLOCK 8 until 2:00 P.M. local time (et) 05/18/2010

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: TERESA CORSE 814-728-6288 teresacorse@fs.fed.us

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM X 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 REPRESENTATIONS, 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 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)

15B. TELEPHONE NO. (Include area code and extension)

15C. CHECK IF REMITTANCE ADDRESS

17. SIGNATURE

18. OFFER DATE

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) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

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

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)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SERVICE RFP SOL NO:AG-24H8-S-10-0070

UNIT: Allegheny NF PROJ NAME: Site Prep

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1

Item

No. Area # Description

Est.

Qty Unit Unit Price Total Price

1 C825, S054, 055 18 AC $____________ $___________

2 C825, S065 23 AC $____________ $___________

3 C826, S088 13 AC $____________ $___________

4 C868, S014 17 AC $____________ $___________

Total Acres Item

1 71 $____________ $___________

1 C824, S020 40 AC $____________ $____________

2 C824, S077 1 AC $____________ $____________

3 C824, S080 7 AC $____________ $____________

4 C675, S067 34 AC $____________ $____________

5 C675, S092 2 AC $____________ $____________

2 84 AC $____________ $____________

1 C639, S080 40 AC $____________ $____________

2 C642, S009, 031 15 AC $____________ $____________

3 C700, S129 16 AC $____________ $____________

4 C700, S138 6 AC $____________ $____________

5 C863, S011 4 AC $____________ $____________

3 81 AC $____________ $____________

1 C871, S006 5 AC $____________ $____________

2 C871, S008, 046 34 AC $____________ $____________

3 C871, S092, 96 19 AC $____________ $____________

4 C871,S092 6 AC $____________ $____________

5 C882, S012 8 AC $____________ $____________

6 C882, S019 23 AC $____________ $____________

7 C882, S021 15 AC $____________ $____________

4 110 AC $____________ $____________

Item

No. Area # Description

Est.

Qty Unit Unit Price Total Price

1 C915, S028 24 AC $____________ $____________

2 C915, S043 5 AC $____________ $____________

3 C915, S045 10 AC $____________ $____________

4 C915, S047 5 AC $____________ $____________

5 C861, S046 20 AC $____________ $____________

5 C861, S047 5 AC $____________ $____________

6 C891, S027 5 AC $____________ $____________

7 C826, S006 14 AC $____________ $____________

8 C826, S045 28 AC $____________ $____________

Total Acres item

5 116 AC $____________ $____________

Item

No. Area # Description

Est.

Qty Unit Unit Price Total Price

1 C207, S013 15 AC $____________ $____________

2 C208, S024 8 AC $____________ $____________

3 C218, S019 20 AC $____________ $____________

4 C228, S015 9 AC $____________ $____________

5 C229, S010 39 AC $____________ $____________

6 C241, S018 13 AC $____________ $____________

7 C245, S017 20 AC $____________ $____________

8 C246, S041 24 AC $____________ $____________

9 C275, S024 7 AC $____________ $____________

10 C298, S018 8 AC $____________ $____________

11 C300, S018 8 AC $____________ $____________

12 C311, S014 9 AC $____________ $____________

13 C339, S021 10 AC $____________ $____________

14 C351, S018 6 AC $____________ $____________

Total Acres item

6 196 AC $____________ $____________

B.2- Awards

One of more awards may be made for this solicitation. Award may be made by individual items. For this solicitation there are 5 items. NOTE – SECTION M OF THIS SOLICITATION LISTS THE EVALUATION

CRITERIA THAT SHALL BE ADDRESSED IN ORDER TO BE EVALUATED AS TO

PROPOSAL ACCEPTABILITY FOR THIS REQUIREMENT. FAILURE TO ADDRESS

THESE FACTORS WILL RESULT IN DISQUALIFICATION FROM CONSIDERATION.

B.3 – Specific Limitation of Offer

If I am low offeror on some or all of these items, I wish to restrict my offer to only accept items that results in acreages totaling _______ or less. I understand that the items I am awarded to meet this acreage limitation will be based upon what results in the overall lowest cost to the government.

B.4 – SITE VISITS

There is no “show-me” trip scheduled for this project, prospective offerors are strongly encouraged to view the sites themselves to make their own estimate on the about of work needed. Items 1-5 are on Marienville District and Item 6 is on the Bradford District. Additional technical information or assistance with locating the specific project areas may be obtained by contacting John Lee (Marienville Items) and Steve Forry (Bradford item) at the Marienville Ranger District office, Marienville, PA. Office hours 7:30-4:00 Monday – Friday. (814) 972-5700

B.5 – Type of Contract

This will be a performance based service contract. Please not incentives and disincentives under Inspection Methods in Section E.

B.6 – Business Information

DUNS#__________________________

TIN#____________________________

Email Address_____________________

NOTE: IN ORDER TO RECEIVE ANY AWARDS UNDER THIS SOLICITATION OFFEROR SHALL BE

REGISTED IN CCR AND ORCA (www.ccr.gov).

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

LOCATION AND DESCRIPTION

The work will be performed on the Allegheny National Forest, Bradford and Marienville Ranger Districts, Pennsylvania.

DIVISION 100 - GENERAL SPECIFICATIONS

100 - Scope of Contract

It is the intent of this solicitation and any resulting contract to have site preparation (felling work) and any resulting required slash disposal work accomplished on the Marienville and Bradford Ranger District of the Allegheny National Forest. The contractor shall furnish tools, labor, equipment, and supervision required, unless otherwise provided herein.

120 - Location and Description

All boundaries will be flagged or marked painted trees (see section 230 Boundary Trees), and at least one corner is marked with a pink tag indicating “2010 site prep”.

Sub-division Item Site Comp – Stand(s) Acres Road Directions to Units

121 1 1 C824, S54, 55 18 Lt SR66 / JoJo Rd / FR133 / 133D

122 1 2 C825, S65 23 Lt SR66 / JoJo Rd / FR133 / 133D

123 1 3 C826, S88 13 Lt SR66 / US6 / SR 3002 / FR126 / 423

124 1 4 C868, C14 17 Lt SR66 / SR948 / FR185

125 2 1 C824, S20 40 Lt SR66 / JoJo Rd / FR133 /133E / 469 / 469A /467 /467B

126 2 2 C824, S77 1 Lt SR66 / JoJo Rd / FR133 / 133E / 469 / 469A

127 2 3 C824, S80 7 Lt SR66 / JoJo Rd / FR133 / 133E / 469 / 469A

129 2 4 C675, S67 34 Lt SR66 / Blue Jay Rd / FR 222

130 2 5 C675, S92 2 Lt SR66 / Blue Jay Rd / FR 222

131 3 1 C639, S80 40 Rt SR66 / Birch St / FR 287 / 165

132 3 2 C642, S09, 31 14 Rt SR66 / Birch St / FR 287 / 165

133 3 3 C700, S129 16 Lt SR66 / FR 396 / 396A

134 3 4 C700, S138 6 Lt SR66 / FR 396

135 3 5 C863, S11 4 Lt SR66 / SR948 / FR232

136 4 1 C871, S06 5 Lt SR66 / SR948 / FR143 / 143C

137 4 2 C871, S08, 46 34 Lt SR66 / SR948 / FR143 / 297

138 4 3 C871, S92, 96 19 Lt SR66 / SR948 / FR143 / 297

139 4 4 C871, S106 6 Lt SR66 / SR948 / FR143 / 297

140 4 5 C882, S12 8 Lt SR66 / SR948 / FR143 / 237 / 339

141 4 6 C882, S19 23 Lt SR66 / SR948 / FR143 / 237 / skid trail

142 4 7 C882, S21 15 Lt SR66 / SR948 / FR143 / 237

143 5 1 C915, S28 24 Lt SR66 / SR948 / Lamont Rd / FR138

144 5 2 C915, S43 5 Lt SR66 / SR948 / Lamont Rd / FR138

145 5 3 C915, S45 10 Lt SR66 / SR948 / Lamont Rd / FR138

146 5 4 C915, S47 5 Lt SR66 / SR948 / Lamont Rd / FR138

147 5 5 C861, S046, 47 27 Lt SR66/ FR125 / 337

148 5 6 C891, S027 10 Lt SR66 / SR948 / Sackett Rd / Owls Nest Rd / FR 343

149 5 7 C826, S006 14 Lt SR66 / JoJo Rd / FR133 / 529 / 529A

150 5 8 C826, S045 28 Lt SR66 / JoJo Rd / FR133 / 529

151 6 1 C207, S013 15 Lt SR59 / US-6 / SR3005

152 6 2 C208, S024 8 Lt SR59 / US-6 / SR2003-Mohawk RD

153 6 3 C218, S019 20 Lt SR59 / US-6 / SR 2003–Mohawk RD / FR253.1/253.2

154 6 4 C228, S015 9 Lt SR59 / US-6 / SR3005 / FR437

155 6 5 C229, S010 39 Lt SR59 / US-6 / SR3005 / FR437

156 6 6 C241, S018 13 Lt SR59 / US-6 (Shef) / SR2002 / FR648

157 6 7 C245, S017 20 Lt SR59 / US-6 (Shef) / SR2001 / FR535

158 6 8 C246, S041 24 Lt SR59 / US-6 (Shef) / SR2001 / FR535

159 6 9 C275, S024 7 Lt SR59 / US-6 (Shef) / SR2002 / FR415

160 6 10 C298, S018 8 Lt SR59 / US-6 (Shef) / SR2002 / FR256 / 256A

161 6 11 C300, S018 8 Lt SR59 / US-6 (Shef) / SR2002 / FR256

162 6 12 C311, S014 9 Lt SR59 / US-6 (Shef) / SR666 / FR410

163 6 13 C339, S021 10 Lt SR59 / US-6 (Shef) / SR666 / FR116 / 116E

164 6 14 C351, S018 6 Lt SR59 / US-6 (Shef) / SR666 / FR449

Total Ac 665 Note 1: Directions to Units start from the District Offices to the stand area, Lt = Left turn, Rt = Right turn from office onto SR 66 Note 2: Definition: SR – State Road; OGM – Oil & Gas Management road, CR – County Road Note 3: Items 1-5 are on Marienville District and Item 6 is on Bradford District

170 - Access

Forest Service System Roads are marked with a sign post or some other sign marking next to the road. If the road is not marked with a sign posting, it is probably an oil and gas road and not in the best condition for driving on. Some areas may be behind a gated road and the Contractor will coordinate with the COR for gaining access behind locked gates. The use of any vehicles will be subject to conditions of the ANF Off Road Vehicle Policy of March 28, 1977.

180 – General Work Description

Competing vegetation of birch and beech up to 8.0 inches in diameter at breast height will be cut in this contract. All diameter sizes of striped maple and pin cherry will be cut in this contract. In Item 6 Sites 1,2 & 3 red maple will be cut to benefit the oaks on site (see remarks below). The work will range from seedling size stands to dense sapling size stands.

The table below shows the minimum height that will be accepted in a stand. A stand with a 1 foot minimum height means that any beech, birch, striped maple and pin cherry greater has to be cut. If the minimum height is 5 feet, then any beech, birch, striped maple and pin cherry greater than 5 feet will be cut down to the required 6 inch stump height. Any tree less then or equal to 5 feet would not need to be cut.

Item Site Comp - Stand Acres

Min

Ht

Stand

Cond

Reserves

Cut

Remarks

1 1 C824, S54, 55 18 1 H Y

1 2 C825, S65 23 1 H Y

1 3 C826, S88 13 1 M N

1 4 C868, C14 17 1 H Y

2 1 C824, S20 40 1 H Y

2 2 C824, S77 1 1 H N

2 3 C824, S80 7 1 M N

2 4 C675, S67 34 1 M N

2 5 C675, S92 2 1 M N There is a well on west end of stand

3 1 C639, S80 40 1 H N

3 2 C642, S09, 31 15 1 H N

3 3 C700, S129 16 1 M N

3 4 C700, S138 6 1 M N

3 5 C863, S11 4 1 M N

4 1 C871, S06 5 1 M N

4 2 C871, S08, 46 13 1 H N

4 3 C871, S92, 96 21 1 M N

4 4 C871, S106 6 1 H N

4 5 C882, S12 8 1 M N

4 6 C882, S19 23 1 M N

4 7 C882, S21 15 1 M N

5 1 C915, S28 24 1 H N Cut all hemlock less than 8” DBH

5 2 C915, S43 5 1 H N Cut all hemlock less than 8” DBH

5 3 C915, S45 10 1 H N Cut all hemlock less than 8” DBH

5 4 C915, S47 5 1 H N Cut all hemlock less than 8” DBH

5 5 C861, S46,47 27 1 M N

5 6 C891, S027 10 1 M N Cut all sugar maple up to 8” DBH

5 7 C826, S006 28 1 M N There is a 2 acre gravel pit within stand

5 8 C826, S045 14 1 H N

6666 1111 C207, S013C207, S013C207, S013C207, S013 15 3 H N Cut all red maple 3ft tall & < 5” DBH

6666 2222 C208, S024C208, S024C208, S024C208, S024 8 3 H N Cut all red maple 3ft tall & < 5” DBH

6666 3333 C218, S019C218, S019C218, S019C218, S019 20 3 H N Cut all red maple 3ft tall & <5” DBH

6666 4444 C228, S015C228, S015C228, S015C228, S015 9 3 H N

6666 5555 C229, S010C229, S010C229, S010C229, S010 39 3 H N

6666 6666 C241, S018C241, S018C241, S018C241, S018 13 3 H N

6666 7777 C245, S017C245, S017C245, S017C245, S017 20 3 H N

6666 8888 C246, S041C246, S041C246, S041C246, S041 24 3 H N

6666 9999 C275, S024C275, S024C275, S024C275, S024 7 3 H N Fence

6666 10101010 C298, S018C298, S018C298, S018C298, S018 8

3 H N Do not cut the birch, cut all other interference tree species listed below

6666 11111111 C300, S018C300, S018C300, S018C300, S018 8 3 H N Fence

6666 12121212 C311, S014C311, S014C311, S014C311, S014 9 3 H N

6666 13131313 C339, S021C339, S021C339, S021C339, S021 10 3 H N Fence

6666 14141414 C351, S018C351, S018C351, S018C351, S018 6 3 H N Cut all red maple 3ft tall & < 5” DBH/Fence

+ Conditions of the stands can also be found at the end of the contract in “Appendix D”. These conditions are an average for the stands. It is strongly recommended that the bidders visit each stand for their own assessment of the stand conditions before bidding.

+ Items 1 – 5 are on Marienville District and Item 6 is on Bradford District.

+ Item 5 Site 1 thru 4 are research block that are 5 acres (square) in size. The boundary lines are painted in white (blaze) with some tree with orange 3-stripe. Some of the site corners have metal fence posts that have either pink and/or orange flagging.

Any paint on trees inside the unit, other than the boundary white and orange paint are to be disregard and cut. Beware of metal tags at the base of some of the trees when cutting.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 – Species Requiring Treatment

The following species specified shall be cut and are considered competing vegetation - undesirable species:

211 - Striped Maple - All live Striped Maple which is taller than one foot in height or 5 feet as indicated in the previous table shall be felled and completely severed from the stump, in All AREAS.

212 - Pin (Fire) Cherry - All live Pin Cherry which is taller than one foot in height or 5 feet as indicated in the previous table shall be felled and completely severed from the stump, in All AREAS.

213 - Birch - All live birch taller than one foot in height or 5 feet as indicated in the previous table and less than 8.0 inches in diameter at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in ALL AREAS. Exception is in Item 6 Site 10 – see remarks in above table.

214 - Beech - All live beech taller than one foot in height or 5 feet as indicated in the previous table and less than 8.0 inches in diameter at a point 4.5 feet (breast height) above the ground shall be felled and completely severed from the stump, in all areas.

220 – Stump Height

Maximum cutting height is six inches, unless otherwise stated to the Contractor in writing by the Contracting Officer's Representative (COR) due to unusual circumstances.

++Sprouts (multiple stems) will be cut as close to the ground as possible.

++Woody vegetation will be cut in a manner which results in a flat (parallel with the ground) surface.

+++Angular stump cuts will not be allowed.

230 – Boundary Trees

Boundary trees are not to be felled. Area boundary trees are marked, either with Orange or White painted with either 2 or 3 stripes on the trees and/or flagged with orange flagging unless stated by COR with another flagging color. There is an exception for Item 5 Site 1 thru 4 that are research blocks that are 5 acres (square) in size. The boundary lines are painted in white (blaze facing into and away from the site) with some tree with orange 3-stripe facing into the stand.

240 - Special Requirements

241 - Trees with any sort of marking paint, flagging, or attached fencing shall not be felled.

242 - Usually reserve areas within stands will not be site prepped but reserve areas with a moderate to high number of birch or stripped maple will be site prepped, cutting only those species. The COR or inspectors will provide site specific instructions on cutting in reserve areas.

243 – Lodged (hung up) trees shall be pulled or cut down to within 3 feet of the ground.

244 - Trees shall not be felled onto any objects such as pipelines, oil, gas and mineral development, wells, powerlines, tree shelters, fences, and roads. The contractor shall be responsible for any damage caused to such objects.

245 - Only live trees will be cut; all snags encountered will be retained unless they are a hazard to contractor safety.

250 – Species Not Specified to be Cut (Desirables)

Care shall be taken to not damage or cut desirable species. A maximum of 10% of the desirables may be cut when intertwined and amongst undesirables specified to be cut.

260 - Slash Disposal

Slash created by the Contractor's operations shall be removed 15 feet away from following locations:

Clear R-O-W & ditch line private land fence maintenance trails historic railroad grades well openings fences old skid trails oil/gas lease roads stream courses pipelines maintenance trails seeps power lines recreational trails

+No slash shall be left hanging in trees and will be laid horizontal to the ground to within three feet of the ground.

+All preferred trees will be released from all slash so they are standing straight up on their.

+The tops of all trees will be lopped down to within 3 feet of the ground.

+The Contractor is responsible for any damage to fences, oil/gas developments, pipelines, powerlines, and other improvements caused by his operations.

270 – Progression of Work

If a contractor is awarded more then one item, check with the contract inspector to see if there is a priority on which item to complete first.

280– Responsibility For Safety

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is recommended that the successful contractor utilize appropriate personal protective safety equipment/clothing, which may include, but is not limited to, a hardhat, leg protection, ear protection, and hand protection, while working in the project area. Contractor is required to keep COR/District posted to current work site.

290 - Notification

Contractor shall be required to notify the Contracting Officer’s Representative prior to starting work on any items. The contractor shall also notify the COR at least weekly of the progress being attained on this project. This notification can be either oral or written.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

Performance Work Statement – Contractor

The Contractor shall perform site preparation-release work in accordance with the specifications contained in this contract.

Inspection Methods

In accordance with the Inspection Clause the Government is able to inspect any work the contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

Performance Based Program

Performance based program apply to the Government’s inspections for contract compliance. All work must meet the acceptance standards as listed below to qualify the Contractor for any incentive. Contract extensions are not eligible for performance based program unless covered under the Excusable Delays Clause listed in Section I of the contract clauses.

For the purposes of applying incentives and disincentives the Government will conduct compliance inspections on a minimum of 20% of the acres the Contractor has reported as completed to specifications. Plots to check compliance will be randomly placed in the areas to be inspected by the Government inspector. For purpose of applying performance results, inspections shall be deemed to accurately reflect the total work.

These performance-based surveys apply only to initial inspections; areas that have previously been rejected and corrected do not fall into this population.

Disincentive If a Contractor has to be sent back a second time to an Item/Area (that the Contractor has asked for final inspection) to fix work that was not done to the contract specifications, there will be a 5% deduction from their payment for that Item/Area. With each following return to the Item/Area to fix the work will addition 2% deduction from the final payment for that Item/Area.

If the Contractor does not meet the time conditions outlined in Section F, there will be a 5% deduction from the payment of the unfinished acres. An additional 2% deduction will occur for each additional week that the required work is not completed.

If less than 80% of the plots inspected comply with contract requirements; contract price for all items will be decreased by a 3% deduction.

The uses of negative incentives do not waive any other rights of the Government, in dealing with inadequate performance.

Incentive If less than 5% of desired select trees (crop trees or minority species) are injured or felled, and more than 95% of undersirable trees (striped maple and pin cherry, beech and birch are felled, the contract price for the area will be increased by 3%.

SECTION F--DELIVERIES OR PERFORMANCE

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): www.arnet.gov/far/

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

TIME OF PERFORMANCE

It is estimated that the work on this project will start at the earliest Monday, June 28, 2010. The contractor shall be required to following:

a) Contractor will request a pre-work date within 7 days of the start of the contract,

b) Contractor will have to complete 20% of the contract acres by end of July,

c) Contractor will have to complete 40% of the contract acres by end of August, and

d) the Contractor shall be required to prosecute the work diligently and complete the entire contract no later than

September 30, 2010

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at the Marienville Ranger District Office.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (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.

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-3) (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract.

Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6) (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly supervise the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or properties that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

CLEANING UP (FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

ACCIDENT PREVENTION (FAR 52.236-13) (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall --

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the

Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

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.

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.

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

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.

4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

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 which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee.

These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

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.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

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.

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 for example, chain saw operation.

4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (FEBRUARY 2007)

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

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

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.

The campsite must 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 is permitted within developed recreation sites or along primary recreation roads.

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

Unless otherwise designated by the Contracting oOfficer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted. Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. 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. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. 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. 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.

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

The supplies shall include:

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (band-aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

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

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

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

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

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

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

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

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

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and…