Sections A-M 2011 Site Preparation.doc

Service RFQ

AG-24H8-S-11-0049

2011 Site Preparation

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

Kathy Bosch Brian Keel

362-2307 Ext 214

a. NAME OF CONSIGNEE

Rutland

11. SCHEDULE (Include applicable Federal, State and local taxes)

FY 11 Site Preparation Green Mountain National Forest

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Quotation Return Package:

Return Sections A, B, K, L, and M.

Please address all criteria in Section M when submitting Quotation. Failure to do so may cause your quotation to not be considered for award.

FY 11 SITE PREPARATION CONTRACT GREEN MOUNTAIN NATIONAL FOREST

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Item Est. Unit Number Description

Quantity Unit Price Amount Bid Item 1 Area 1 Burnt Meadow Unit 1 7 Acres

Area 2 Burnt Meadow Unit 2 2 Acres

Area 3 Burnt Meadow Unit 4 9 Acres

Area 4 Burnt Meadow Unit 6 28 Acres

Area 5 Burnt Meadow Unit 9 9 Acres

Area 6 Burnt Meadow Unit 10 19 Acres

Total Acres for Item 1:

Total Quote for Item 1:

Bid Item 2 Area 1 South Road Unit 3 3 Acres

Area 2 Rock Bottom Unit 8 13 Acres

Total Acres for Item 2:

Total Quote for Item 2:

Bid Item 3 Area 1 Snow Valley Unit 8 24 Acres

Area 2 Snow Valley Unit 9 22 Acres

Area 3 Snow Valley Unit 10 19 Acres

Total Acres for Item 3:

65 Total Quote for Item 3:

Bid Item 4 Area 1 Cobb Hill North Unit 11 32 Acres

Area 2 Cobb Hill North Unit 12 19 Acres

Area 3 Cobb Hill South Unit 2 9 Acres

Total Acres for Item 4:

Total Quote for Item 4:

Bid Item 5 Area 1 Dutton Brook II Unit 8 96 Acres

Total Acres for Item 5:

Total Quote for Item 5:

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

Additional Contractor Notes:

1. Contractor must be registered in www.ccr.gov and https://orca.bpn.gov in order to submit an offer on this project.

2. There will be no prebid meeting. Please call Brian Keel at 802-362-2307 ext. 214, to schedule a meeting.

3. Award will be made by individual Item. Quoters may quote on an all or none basis by writing “All or None” in the following space. ______________________________.

SECTION C - SPECIFICATIONS

FY 11 SITE PREP CONTRACT - GREEN MOUNTAIN NATIONAL FOREST

C-1 WORK AREA SPECIFICATIONS

C-1.1- Scope of Contract It is the intent of this solicitation and any resulting contract to have site preparation for natural regeneration (tree felling work) and any resulting required slash disposal work accomplished on the Manchester Ranger District of the Green Mountain National Forest. The contractor shall furnish tools, labor, equipment, and supervision unless otherwise provided herein.

C-1.2 - Location and Description

C-1.2.1 - Bid Item 1 Area 1 – Burnt Meadow Unit 1 received single tree and group selection harvest in December 2009. In group selection openings cut all hardwoods 1 to 8 inches DBH regardless of species except good quality trees as noted below for balance of unit. In balance of unit 1 cut all beech, striped maple and pin cherry 1 to 8 inches DBH, and cut all other hardwoods 1 to 8 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, black cherry, white ash and yellow birch. This unit contains numerous spruce and fir of pole size and larger, but DO NOT CUT any softwoods. Cutting is light to moderate. Do not cut any trees marked with orange paint. Access unit 1 by following main skid road through units 9, 7, 6, 3 and 2 (part of the skid road is very muddy with pooled water in wet weather). Unit boundary is marked by orange three strips and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 2 – Burnt Meadow Unit 2 received a clearcut harvest in December 2009. Cut all hardwoods 1 to 8 inches DBH regardless of species except straight, single stem (NOT FLAT TOPPED) sugar maple, black cherry, white ash and yellow birch. This unit contains numerous spruce and fir of pole size and larger, but DO NOT CUT any softwoods. Cutting is light. Do not cut any trees marked with orange paint. Access unit 2 by following main skid road through units 9, 7, 6 and 3 (part of the skid road is very muddy with pooled water in wet weather). Unit boundary is marked by orange three strips, or two strips where unit 2 is back to back with unit 3, and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 3 – Burnt Meadow Unit 4 received a single tree and group selection harvest in February 2010. In group selection openings cut all hardwoods 1 to 8 inches DBH regardless of species except good quality trees as noted below for balance of unit. In balance of unit 1 cut all beech, striped maple and pin cherry 1 to 8 inches DBH, and cut all other hardwoods 1 to 8 inches DBH except straight, single stem (NOT FLAT TOPPED) yellow birch (a few yellow birch have been flagged with pink flagging that should not be cut along with others of similar quality). This unit contains numerous spruce and fir of sapling, pole and larger size trees, but DO NOT CUT any softwoods. Cutting is light to moderate. Do not cut any trees marked with orange paint. Access unit 4 by following main skid road through units 9, 8, 7 and 5 (part of the skid road is very muddy with pooled water in wet weather). Unit boundary is marked by orange three strips and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 4 – Burnt Meadow Unit 6 received a single tree and group selection harvest in March 2010. In group selection openings cut all hardwoods 1 to 8 inches DBH regardless of species except good quality trees as noted below for balance of unit. In balance of unit 6 cut all beech, striped maple and pin cherry 1 to 8 inches DBH, and cut all other hardwoods 1 to 8 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, black cherry, white ash and yellow birch. Do not cut any softwoods. Do not cut any trees marked with orange paint. Access unit 6 by following main skid road through units 9 and 7 (part of the skid road is very muddy with pooled water in wet weather). Unit boundary is marked by orange three strips and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 5 – Burnt Meadow Unit 9 received a clearcut harvest in March 2010. Cut all hardwood trees 1 to 8 inches DBH, including those bent over or broken from logging operation, except straight, single stem (NOT FLAT TOPPED) sugar maple, black cherry, white ash and yellow birch. Do not cut any softwoods. Do not cut any trees marked with orange paint. Unit 9 is adjacent to the landing. Unit boundary is marked by orange three strips, or two strips where unit 9 is back to back with adjacent units, and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 6 – Burnt Meadow Unit 10 received a single tree and group selection harvest in January 2011. In group selection openings cut all hardwoods 1 to 8 inches DBH regardless of species except good quality trees as noted below for balance of unit. In balance of unit 10 cut all beech, striped maple and pin cherry 1 to 8 inches DBH, and cut all other hardwoods 1 to 8 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, white ash and yellow birch. Do not cut any softwoods. Do not cut any trees marked with orange paint. Access to unit 10 is skid road from landing. Unit boundary is marked by orange three strips, or two strips where unit 10 is back to back with unit 6 and 7, and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

C-1.2.2 - Bid Item 2 Area 1 – South Road Unit 3 received a white pine shelterwood in January 2010. Cut all hardwoods 1 to 8 inches DBH regardless of species or condition. Do not cut any softwoods. Do not cut any trees marked with orange paint. Cutting is very light. Unit boundary is marked by orange three strips and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 2 – Rock Bottom Unit 8 received a shelterwood harvest in January 2011. In entire 13 acres of unit 8 cut all beech, striped maple and pin cherry 1 to 8 inches DBH, and cut all other hardwoods 1 to 8 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, white ash, black cherry and yellow birch. Approximately 8 good quality trees that are not to be cut are flagged with blue flagging; these can be used as a guide for selecting other trees to leave uncut. Disregard pieces of blue flagging remaining from when unit boundary was flagged out. Do not cut any softwoods or aspen. Do not cut any trees marked with orange paint. Cutting is very light in parts of unit and very heavy in other parts. Unit boundary is marked by orange three strips (or two strips where unit 8 borders units 6 & 7) and unit number painted on trees. Access to unit 8 is the skid road from the landing in unit 7 on Hallstead Lane (see map). The logger will be operating in the Rock Bottom Timber Sale this summer (2011) and will be using the landings in unit 7. Please park so as not to interfere with logging operations. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

C-1.2.3 - Bid Item 3 Area 1 – Snow Valley Unit 8 is in 2 sections (see map) and received a single tree and group selection harvest in February 2011. Within the entire 24 acres of Unit 8 cut all beech, striped maple and pin cherry 1 to 6 inches DBH, and cut all other hardwoods 1 to 6 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, white ash and yellow birch. Do not cut any softwoods. Do not cut any trees marked with orange paint. Unit boundary is marked by orange three strips and unit number painted on trees. Access Unit 8 from Route 11 by way of haul road which is approximately 500 feet east of the junction of Routes 11 and 30 on the north side of Route 11 (see map). Landing is approximately 800 feet up haul road; the haul road will not be drivable in wet conditions. From landing follow pink and black stripped flagging along skid road. Eight to 10 minute walk up skid road is a fork. Follow flagging along left fork to northern section of unit 8. To access the southern section of unit 8 follow flagging along right fork of skid road through unit 7 and across a brook to a second fork. From this fork follow flagging along skid roads to either of the prongs of the southern section of unit 8 (see map). Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 2 – Snow Valley Unit 9 received a single tree and group selection harvest in August 2010. Unit 9 is in two sections. The northern section is a spruce stand with very thick spruce/fir regeneration in parts of stand. Within the entire northern section (including within the thick spruce/fir regeneration) cut all hardwoods 1 to 6 inches DBH except straight, single stem (NOT FLAT TOPPED) yellow birch; there a very few of these yellow birch near the log road. Cutting in this section is very light to moderate. The southern section is a hardwood stand. Within the entire southern section cut all beech, striped maple and pin cherry 1 to 6 inches DBH, and cut all other hardwoods 1 to 6 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, white ash and yellow birch. There are few if any of these good quality trees. In this section cutting is moderate to heavy. In entire unit 9 do not cut any softwoods or any trees marked with orange paint. Unit boundary is marked by orange three strips (or two strips where unit 9 borders unit 10) and unit number painted on trees. Access Unit 9 from logging road off Route 11. To access the southern section follow pink and black stripped flagging along skid road from landing. Logging road is approximately .6 mile east of the junction of Routes 11 and 30 on the south side of Route 11 (see map). Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 3 – Snow Valley Unit 10 received a single tree selection harvest in August 2010. Cut all beech, striped maple and pin cherry 1 to 6 inches DBH, and cut all other hardwoods 1 to 6 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, white ash and yellow birch. There are few if any of these good quality trees. In this section cutting is moderate to heavy. Do not cut any softwoods. Do not cut any trees marked with orange paint. Access unit 10 by following pink and black stripped flagging from landing and along skid road through southern section of unit 9. Unit boundary is marked by orange three strips (or two strips where unit 10 borders unit 9) and unit number painted on trees. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

C-1.2.4 - Bid Item 4 Area 1 – Cobb Hill North Unit 11 received a single tree selection harvest in March 2011. Cut all beech, striped maple and pin cherry 1 to 8 inches DBH. Cut all other hardwoods 1 to 8 inches DBH except straight, single stem (NOT FLAT TOPPED) sugar maple, white ash, black cherry and yellow birch. Do not cut any softwoods. The end of FR 68 borders a short part of the northeast corner of this unit. Along the road stumps from site prep trees will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all site prep material will be pulled back from the road edge a minimum of 25 feet. All site prep material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. Unit boundary is marked by orange three strips (or two strips where unit 11 borders unit 12) and unit number painted on trees. Limbing of cut trees is not required, except along road as stated above, however ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 1 – Cobb Hill North Unit 12 received a shelterwood harvest in March 2011. Cut all beech, striped maple and pin cherry 1 to 7 inches DBH. Cut all other hardwoods 1 to 7 inches DBH except good quality sugar maple, white ash, black cherry and yellow birch. Good quality trees do not include those with a flat top, a dead leader or dead portions of crown, crooked, have sweep in the bole, have bark defects, diseased, or are bent or broken. Do not cut any softwoods. The end of FR 68 borders a short part of the northwest corner of this unit. Along the road stumps from site prep trees will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all site prep material will be pulled back from the road edge a minimum of 25 feet. All site prep material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. Unit boundary is marked by orange three strips (or two strips where unit 12 borders unit 11) and unit number painted on trees. Limbing of cut trees is not required, except along road as stated above, however ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Area 1 – Cobb Hill South Unit 2 is in two sections. The northern section received a single tree and group selection harvest (see map) in February 2011. DO NOT cut any trees in the southern thinning section. A blue flagged line separates the single tree and group selection section from the thinning section. Within the northern section within the group selection openings cut all hardwoods 1 to 8 inches DBH regardless of species or condition. In the remainder of unit 2 cut all 1 – 8 inch DBH beech, striped maple and pin cherry. Do not cut any softwoods. Cutting is light in group openings but heavy in balance of unit. Unit 2 borders FR 233. Along the road stumps from site prep trees will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all site prep material will be pulled back from the road edge a minimum of 25 feet. All site prep material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. Do not cut any trees within 25 feet of perennial streams (these should be evident as no timber harvesting was done with the 25 foot buffer zone). Site prep is to be done along intermittent streams (where timber harvesting was done), but slash is to be removed from the stream channel. Do not cut any trees marked with orange paint. Unit 2 is accessed directly from FR 233. Unit boundary is marked by orange three strips and unit number painted on trees only along the western side of the unit. The western side of the unit is also bordered by a government/private boundary; all cut material must be pulled back within the orange three stripe boundary. The southern boundary is marked by a blue flagged line that roughly follows a stream; all cut material along this boundary must be pulled back within the blue flagged line. The blue flagged line meets the road at a point approximately 665 feet back down the road from the private gate near the end of the unit. Route 233 forms the eastern boundary of the unit. Limbing of cut trees is not required (except along FR 233 as noted above), however ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

C-1.2.5 - Bid Item 5

Area 1 – Dutton Brook II Unit 8 received a single tree and group selection harvest with three small patch clearcuts at the southern end of the unit in August 2010. Within the entire 96 acres of unit 8 cut all beech, striped maple and pin cherry 1 inch to 6 inches DBH. Do not cut any oak, aspen, sugar maple, white ash, yellow birch or softwoods. Do not cut any trees marked with orange paint. Unit boundary is marked by orange three strips (or two strips where unit 8 borders unit 7) and unit number painted on trees. Access is from two routes off Silver Lake Road. Southern access route – A dirt road 0.2 miles north of Hayes road is drivable into a landing. At the landing the dirt road continues to the right; this is a private road, please do not drive past the landing. A skid road leaves the landing in a southerly direction and then curves to the west and is flagged with pink and black striped flagging from the landing to the boundary of unit 8. Northern access – a short roadway (not drivable) 0.5 miles north of the first access route will access the northern end of unit 8. This access route is flagged from Silver Lake Road through the landing to the power line, and flagged on the west edge of the power line where the skid road meets unit 7. Beyond this point the skid road is not flagged. Follow the skid road (heavily covered with grass and brush) in a westerly direction to the west boundary of unit 7, continue west over a low ridge for about 100 feet to unit 8. Limbing of cut trees is not required, however, ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

C-2 - TECHNICAL SPECIFICATIONS

C-2.1 - TREATMENTS WITHIN ALL WORK AREAS

C-2.1.1 – Trees designated for cutting will be felled with axe, chainsaw or brushsaw. If for safety reasons any trees designated by the contract to be cut or girdled, cannot be cut or girdled, contact Brian Keel.

C-2.1.2 – Do Not cut apple, oak, butternut, mountain ash or serviceberry (shadbush) trees.

C-2.1.3 - Maximum stump height is 12 inches, unless otherwise stated to the contractor in writing by the C.O.R. due to deep snow conditions. Trees in sprouts (multiple stems) will be cut as close to the ground as possible.

C-2.1.4 - Cut trees that are lodged (hung up) during site prep operations must be cut or pulled down.

C-2.1.5 - Only live trees will be cut; all snags encountered will be retained unless they are a hazard to contractor safety.

C-2.1.6 - Trees designated to be cut which the contractor considers are unsafe to cut, can be girdled.

C-2.1.7 – Contractor will exercise caution and care in all operations to prevent damage to any softwood trees, planted seedlings and other trees listed under 212 above.

C-2.2 - Special Requirements

C-2.2.1 - Should a hawk or other raptor nest be found in any unit of the contract, at anytime during the contract term, the contractor shall immediately stop work in that unit and notify the COR Brian Keel at (802) 362-2307 ex 214.

C-2.3 - Slash Disposal

Slash created by the contractor's operation shall be removed from the clear area of road rights-of-way, trails, power lines, ditches, culverts and stream courses. No slash may be left hanging in trees. Also, slash will be cleared away from areas adjacent to contract areas. Felled trees and slash must be removed from private land. Prospective bidders should keep this in mind when looking at the areas.

C-2.4 - Notification

Contractor is required to notify the contracting officer prior to starting work on any item. The contractor shall also notify the contracting officer at least monthly of the progress being attained on this project. This notification can be either oral or written.

C-2.5 - Measurement Method of Measurement - Area computation was done with a resource grade GPS unit used for locating timber sale units or stands.

Remeasurement - Request for remeasurement must be in writing. If a remeasurement indicates a variance greater than + or - 10 percent, the Government will pay for the remeasurement and payment for the work made on the basis of the remeasurement. If remeasurement shows a variance within + or - 10 percent of the predetermined acres, the cost of the remeasurement will be deducted from the contract amount.

C-2.6 Safety Equipment and Operations

Contractors must comply with all OSHA standards related to contract work. Failure to use proper personal safety equipment or non-compliance with safe operating procedures, as outlined by OSHA, will result in a work stoppage.

C-2.7 Green Requirements

The following is a choice of biobased products that shall be used on this contract. Click on the product below to view information on each product or see Section M for the Biobased products website.

Product

Company

Product Type

State

Ctry

Compare

BioBuzz(TM) Majestic Tree Care, Inc.

Chain and Cable Lubricants

MN

US

G-Oil Green Bar & Chain Oil Green Earth Technologies, Inc.

Chain and Cable Lubricants

FL

US

Kajo BIO 2050 Chainsaw Oil Kajo Chemie Chain and Cable Lubricants

DE

C-2.8 Performance-Based Service Contract.

This solicitation will result in award of a performance-based service contract.

Performance of contract work in accordance with the Section C, Performance

Work Statements, will result in an additional payment to the Contractor totaling one percent of the original award price for the contract season completed and accepted. Failure to perform the work in accordance with Section C, Performance Work Statements, shall result in the Government deducting one (1) percent of the original award for the contract season not properly completed. There will be no penalty should the COR determine that the Janitorial should stop for a period of time due to a stop work at the Contracting Officer’s request. The COR will inspect and make the additional award or penalty determination in accordance with Section C, Performance Statements. In both cases, and aside from award/ penalty criteria, the Contractor shall complete any rework of the area as determined by the COR, prior to release of any and all progress payments. Also, the award or penalty amounts shall be based on the final contract quantities completed and accepted.

Example A:

Initial estimated award price for season on Item 1

$4,450

Total (approx.) acres for Bid Item 2:

3.50

Final contract quantity

(20 mowings x 3.50 = 70 acres @ approx. $63.57 per acre in Bid Item C):

$4,450

Number of acres per season for Bid Item C that meets criteria per subsection

C-2.9, Performance Work Statement:

66.5 acres

Bonus amount:

+$89

($4,450 x 0.02 = $89) 2 percent

Number of acres per season that do not meet criteria per subsection 104-2, Performance Work Statement:

3.5 acres

Penalty amount:

-$44.50

($4,450 x 0.01 = $44.50)

C-2.9 -- Performance Work Statements Performance

Work

Statement

Performance

Indicators Performance

Standards

(Acceptable Quality Level) Government

Quality

Assurance

Plan Effect of Performance

Standard

2) Gov’t will deduct 2% of the Bid Price per Bid Item not completed on time or accepted based on the 10% section inspected.

3) All work deficien-cies shall be corrected, at the cost to the Contractor, prior to final acceptance & payment.

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)

SECTION F--DELIVERIES OR PERFORMANCE

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

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

AGAR 452.211-74 Period of Performance. (Feb 1988)

The period of performance of this contract is from July 15, 2011 through November 30, 2011

The Contractor shall maintain progress at a rate which shall assure completion and acceptance of work within the specified contract time.

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 5 days after the date of contract award. The conference will be held at a date and time mutually agreeable to the Government and the Contractor.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

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

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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, 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.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following to the clause at H.8.2, subparagraph (4) Housing:

(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.

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

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.

452-237-74 Key Personnel (FEB 1988)

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

(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.