COMMERCIAL_ITEMS AG-4146-S-10-0002.doc

COMMERCIAL ITEMS

AG-4146-S-10-0002.

PRECOMMERCIAL THINNING AND SLASH TREATMENT

BANKHEAD RANGER DISTRICT

4/7/10

INFORMATION CALL:

2:00PM/5/7/10

USDA FOREST SERVICE

2946 CHESTNUT STREET

FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $6 MILLION OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

SAME AS BLOCK 9

16. ADMINISTERED BY CODE

SAME AS BLOCK 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

SAME AS BLOCK 9

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

SCHEDULE OF THE ITEM

FY 2010

Precommercial Thinning and Slash Treatment

NATIONAL FOREST IN ALABAMA

BANKHEAD RANGER DISTRICT

Unit

Pay Item Quantity Unit Price Amount

1. Furnish all labor, supplies, tools, transportation, materials, equipment, and supervision to perform all work for

Precommercial Thinning and Slash

Treatment on the Bankhead National Forest, Bankhead Ranger District, National Forest in Alabama, in accordance with the specifi-cations and provisions contained herein. 305 acres

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009) Alternate I (OCT 2008).

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved]

_X__ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__X_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d) (2) and (3)).

__X_ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d) (4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

__X_ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a) (14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d) (4) (F) (i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a) (2)).

_X__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

__X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

__X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

_X__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__X_ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3) (A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i) (2) (C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (31) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X__ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

FOR PRECOMMERCIAL THINNING WITH HANDTOOLS AND SLASH TREATMENTS

Services for precommercial thinning with handtools and slash treatment on the Bankhead National Forest at the locations listed below in compliance with the terms, specifications, conditions, and provisions of this solicitation.

Quote per unit acre rate and the total cost for providing the precommercial thinning with handtools and slash treatment services described herein.

SUBITEM

DESCRIPTION (Name, UNIT PRICE

TOTAL

NO.

compartment, stand, and acres)

/ ACRE

COST

Acres

TOTAL ACRES = 305 ACRES

SPECIFICATIONS

FOR PRECOMMERCIAL THINNING WITH HANDTOOLS TREATMENT AND SLASH TREATMENT

GENERAL

SCOPE OF WORK. The contractor shall provide any and all labor, equipment, supplies, services, permits, and license necessary to perform 305 acres of precommercial thinning with handtools for pine seedlings and saplings and slash treatment on units on the Bankhead National Forest.

LOCATION DESCRIPTION. The areas to be treated are within the boundaries of the Bankhead Ranger District, Winston County, Alabama. Vicinity maps and project area maps showing project locations and access are attached and made a part of this contract. All of the areas have been GPS. The ArcMaps maps are intended to general shape and /or dimensions of the unit.

Stand /Acres Sec.(s)/Township(s)/

Range(s)

ACCESSIBILITY. Part of the units may require ¼ to ½ mile walk in to the units. 1) All work units may be reached by Forest roads that are accessible by 4-wheel drive pick-up truck during normal operating seasons. However, during heavy rains, roads may become impassable and a walk-in of up to ½ mile to reach the unit boundary could be expected.

No vehicles will be permitted to operate off system roads without approval of the COR or Inspector.

Inaccessibility due to fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may or may not, under Section I, Clause 52.243-1, Changes: (1) provide an alternate access route; (2) delete the inaccessible unit(s).

Unit maps may show spur roads into precommercial thinning units. The spur roads shown may have been removed, blocked, or may not be passable so the Contractor should not rely on spur roads for access to units.

The use of motorized equipment other than handheld equipment, such chainsaws and brush cutters, will not be permitted off designated roads in the project area, unless authorized by the C.O.R. or Inspector.

BOUNDARIES. Precommercial thinning unit boundaries are obvious on the ground (pink flagged boundary, cut boundary, fire lines, stream management zones, old firelines, and roads). Precommercial thin the area to the edge of the boundary. Boundaries may be further designated or defined by the Contracting Officer’s Representative or Inspector.

The Contracting Officer, COR, or Inspector may exclude non-releasable areas within a unit. These areas will be strung, flagged or otherwise designated by the Government prior to work on the unit. Non-releasable areas ½ acre or larger shall be excluded from payment.

CONTRACTOR OBLIGATIONS

CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor will furnish everything required to perform this project.

CONTRACTOR REPRESENTATIVE. The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the Contracting Officer. The contractor representative or alternate shall have full authority to act for the contractor on matters relating to daily operation of this contract as designated. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

CONTRACTOR’S QUAILTY CONTROL PLAN

Quality Control Plan. The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are met as specified. Contractor may elect to use Exhibit A Precommercial Thinning Inspection Worksheet. If the contractor chooses to use this form, then they must specify in the sections on contractor required information. If the contractor chooses a different inspection method, then it must be accepted by the COR.

Contractor must take a minimum of on 1/50 acre plot per every four acres of unit with a minimum of 5 plots per unit. Plot information will be made available upon the request of the COR or Inspector. Plot shall be flagged and marked with date of inspection and plot number on pink glow flagging provided by the contractor. Flagging shall be visible with the plot center marked with flagging or pin flagging also. Contractor will inspect on a grid (line plot) inspection method to ensure complete coverage of the unit and provide copies of daily inspections and unit inspection plots and map detailing location in relation to unit boundaries, etc.

Contractor should furnish a Quality Control Plan to Contracting Officer’s Representative.

AUTHORIZED PERSONNEL

The Contractor, during the course of work, shall not permit entry into any Forest Service areas by other than the Contractor, their employees, and Government employees.

SAFETY PROCEDURES AND REFUSE COLLECTION

Accepted safe practices shall be followed in performance of the work. The Contractor will be responsible for any damage done to Government equipment and land and/or fixtures by their employees and shall provide all replacements as appropriate at no cost to the Government.

Contractor will keep trash and all other items picked up, so that the work site is clean and orderly.

GOVERNMENT FURNISHED PROPERTY, MATERIALS, AND SERVICES

“There is no Government-furnished property or material for this contract.”

1- Performance Standards:

i. Quality Level: By monitoring the Contractor, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all tasks are specified in the specifications.

ii. On-site Inspections: The COR will evaluate the current levels of performance, according to the standards set forth in this contract at the discretion of the COR.

iii. Records Inspections: The COR will request and review the contractor’s inspection records and samples weekly.

iv. Documentation: The COR will keep a file containing the following:

· copy of the contract

· all modifications to the contract

· copy of the COR appointment letter

· all contract correspondence initiated or received by the COR

· copies of all completed inspection reports, checklists, logs, diaries, contract discrepancy reports and surveillance certifications

· records of meetings attended

· copies of processed invoices and receipt documents

2- Evaluation Methods: The COR will review the contractor’s records of inspection systems and sampling results and conduct periodic on-site inspections

3- Payment Deduction Formula

Payment will be made at the per acre unit price. Payment deduction formula is computed by deducting the per acre unit for any work not performed satisfactorily. Work quality will be at 93% quality or higher to be considered satisfactory quality work for the Government. Contractor may chose to at no cost to the Government redo the work to bring it up to satisfactory quality standards, so they can receive payment for the unit.

STANDARD DEFINITIONS.

1-ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2-DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

3-PERFORMANCE REQUIREMENTS SUMMARY (PRS) Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

4-QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of specifications.

5-CONTRACTING OFFICER’S REPRESENTATIVE (COR). A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

6- GOVERNMENT INSPECTOR. A Government person responsible for surveillance of contractor performance.

7-QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the specifications.

8-LINE PLOT SAMPLING. Line plot sampling method is a method that will allow even plot coverage over the entire acreage to be arranged on grid spacing. This method will allow service units to be selected at evenly space intervals across the unit.

TECHNICAL DEFINATIONS

1-DBH (Diameter breast height) - diameter of the trunk of a tree measured 4 ½ feet from the ground level on the uphill side of the tree.

2-Conifer - A cone-bearing tree with needles or leaf scales. Examples: Longleaf pine, Shortleaf pine, Loblolly pine, Virginia pine, cedar, and all other conifers

3-Hang-up Tree - A cut tree suspended above the ground by a leave tree.

4-Hardwood Tree - A hardwood tree is a tree with broad leaves rather than needles. Hardwoods will occur as single stems from seed or multiple stems from stump sprouts. Examples of hardwoods are red oak, white oak, hickory, persimmon, black cherry, red maple, yellow poplar, American holly, flowering dogwood, sourwood, etc.

5-Leave Tree – Trees which are not to be cut under this contract.

6-Release - As defined for this contract, a treatment designed to free young trees in stands not past the sapling stage that eliminates or suppresses undesirable vegetation regardless of crown position.

7-Slash - All debris resulting from release operations.

8-Woody Vegetation - Any woody perennial plant, such as shrubs, and briers. Some examples of shrubs are mountain-laurel, witch-hazel, Vaccinium species, sumac, etc.

Contractor’s Self-Inspection – The Contractor shall be responsible for supervising his/her crew and self-inspecting his/her own work to insure compliance with contract specifications throughout the contract.

Unit Inspection Procedure - The Government will make periodic visits to the work site while work is in progress, to assure that the Contractor is familiar with contract specifications and that work is progressing satisfactorily.

Upon completion of a unit, and at the Contractor’s request, the COR or an Inspector may inspect the unit for compliance with specifications or use the Contractor’s inspection and a few random plots for inspection of the units. It will be the COR’s choice.

1) Each unit, as designated on the attached maps and in the unit summaries, will be inspected as a separate unit and will not be averaged with any other unit for acceptance or payment.

2) The inspection will be made on a series of 1/50 th acre plots (16.7ft. radius) on all units. Sufficient plots will be taken for a minimum one-half (1/2) percent sample of the total area of the unit being inspected. This is equivalent to one plot per four acres. To insure that adequate sampling of the contractor’s work is taken, a minimum of 5-10 plots will be taken in each unit. Table A, below, details the number of plots required for inspection based on acres in the unit:

Table A

# of Inspection Plots Required

Based on Acres

# Acres

# Plots

#Acres

# Plots 1-40 5-10

61-64

41-44

65-68

45-48

69-72

49-52 13

73-76

53-56 14

77-80

57-60

81-84

3) Plot Location- Plots will be located by establishing plot lines on the unit to be inspected with the lines and plots equally spaced so that coverage of the entire unit is obtained. The initial line will be randomly selected with other plot lines equally spaced from this initial line. A map of the plots established on the unit to be inspected will be provided to the contractor.

4) Inspections to determine percent acceptable thinning will be taken only after the Contractor has completed all of the work in an area, and has notified the Forest Service that work on the unit is completed.

5) At each 1/50 th acre plot the inspector will evaluate the plot area and record how the plot meets the specifications of this contract.

6) The inspection consists of three parts:

a) Leave tree spacing.

b) Slash treatment.

c) Slash pullback areas.

The Inspection procedure is explained below.

Leave Tree Spacing Inspections

1) The number of leave trees left must average as follows when thinning is completed and inspected: All units – The number of trees left must average 6-9 trees per 1/50 acre plot when the inspection is completed. A minimum of six (6) trees and a maximum of nine (9) trees are allowed on any plot providing that the average number of trees per plot equals six to nine trees (6-9). In addition, if less than six (6) trees are left on a plot they shall be counted as deficient trees; if more than nine (9) trees are left on a plot they shall be counted as excess trees.

2) Item 1 above, states the correct number of trees to leave on a 1/50 acre plot. If, however, less than the correct number of trees were present before thinning than the correct number of trees to leave equals the number of trees left providing that the trees are no closer than 6.5 feet apart (no cut trees must be found on the plot). For example: If during an inspection, a plot was found with only three trees on it and no trees have been cut by the contractor, then the correct number of leave trees for that plot is three trees.

3) Number of trees that were left.

4) Numbers of satisfactory leave trees (as per specifications detailed in section C201.12). Unsatisfactory leave trees shall be counted as deficient trees.

5) Number of excess trees (This will include all hardwoods left as described in sec. C205 and all green limbs not severed from the stump as described in sec. 207 item #1 and #4. Any stump with one or more green limbs not cut shall be counted as one excess tree.

6) Number of trees deficient.

The percent of acceptable quality will be determined by subtracting the number of deficient and or excess trees that are in excess of or less than the correct number of trees that should have been left.

The formula used for calculating work quality is as follows:

% QUALITY = [ CORRECT # TREES - # TREES EXCESS OR DEFICIENT ] X 100

[ CORRECT # OF TREES ]

EXAMPLE: A thirty (30) acre unit is inspected with the following results:

From Table A, a thirty acre unit requires that 10 plots are taken for inspection.

Correct number of trees to leave = 10 trees per plot x 9 plots and 7 trees per plot on 1 plot = 97 trees.

Allowable # trees left = 96 trees

Total excess and deficient trees = 97 –96 = 1 deficient tree plus the 2 excess and 2 deficient trees from plots = 5 trees excess and deficient.

% QUALITY = [97-5] X 100 = 95 % Leave Tree Spacing Quality

[ 97 ]

Using table C, Payment Reduction Table, 95 % work quality equals full payment on the Contractor’s bid price per acre.

Slash Treatment Inspection- Slash treatment will be inspected according to the following specifications (Refer to sec. 207 Cut Tree Standards and 209 Slash Treatment). Each inspection plot on a unit will be worth 10 points and is broken down in the following manner:

1) Slash Depth = 4 points

2) Hang Ups = 2 points

3) High stumps = 2 points

4) Correct sever = 2 points

The formula used to calculate percent slash quality is as follows:

% Slash Quality = [ # points earned / # points possible ] X 100

Where the number of points possible for slash work equals the number of plots taken on a unit multiplied by one-hundred.

This part of the inspection is pass/fail and the following standards must be met:

1) If % slash treatment quality for the unit is 95% or higher than the unit passes for slash treatment.

2) If % slash treatment quality is less than 95% than the unit fails for slash treatment and must be reworked to meet acceptable standards. No payment will be made for the unit until the slash treatment is reworked and brought up to acceptable standards.

Slash Pullback- All slash pullback areas will be inspected to insure that they are in compliance with Slash Pullback. If the inspection on this portion of the work fails, no payment will be made for the unit until the work is brought up to contract specifications.

Unsatisfactory Thinning

1) Repeated failure to perform work at or above minimum acceptable standards will be considered reason for contract termination and default action.

2) If the results of a first inspection are unsatisfactory to a Contractor, the unit may be either reworked to increase the percent acceptable rating, or the Contractor can accept the rating and the corresponding payment as described in solicitation. If the Contractor intends to rework a unit, the contractor must notify the COR within five (5) days of receipt of inspection results for the unit. Contractor will be responsible for reasonable cost of re-inspection, including labor and vehicle mileage. Payment will be based on the results of the second inspection. The re-inspection of the reworked unit will not overlap inspections plots used for the initial inspection. All rework will be at the Contractor’s expense. Re-inspection will be at the Governments convenience. The Contractor will not be allowed to rework a unit more than one time.

Note: Units with less than fully acceptable percentages due to “deficient trees” or “unsatisfactory leave trees” cannot be reworked.

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as, but not limited to, additional COR and inspector time and travel.

MATERIAL & WORKMANSHIP

All work under this contract shall be performed in a skill and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary are found below.

The contractor shall precommercial thin with hand tools and lop and scatter slash on 305 acres.

Pre-commercial thin with hand tools (Note: leave tree species and quality of tree is very important)

· Performance/Quality Standard(s)

Decrease stocking density, where leave tree spacing shall be 350-500-trees/acre (approx. 9X9 to 10X10 feet average spacing). Leave trees shall be the tallest, straightest, disease free trees, without forks, or other visible defect or damage. Leave trees are properly selected and spaced. Leave trees, listed in order of preference are as follows: longleaf pine, shortleaf pine, loblolly pine, white oak, ash, red oak, hickory, persimmon, chestnut oak, black cherry, yellow poplar, virginia pine, and other hardwoods. All undesirable trees 12 inches in height or greater shall be cut. All shrubs and other woody vegetation except for briers, vaccinium species, and grasses shall be cut. Do select between hardwood stump sprouts (leave the best). Do not cut any trees 5” DBH or over, marked leave trees, or any dead snags. Do not cut or count as leave trees any snags, or cedar. Do not cut any American chestnut or chinkapin stump sprouts, but thin competition from around these sprouts. Do not cut any cedars or count these trees as leave trees.

Note: The Contractor is required to use hand-held tools, such as chainsaws, brush cutters, push cutter / mower, machetes, and any combination thereof. Ground disturbing equipment, such as bushhogs, feller-bunchers, etc. will not be allowed on this contract.

The leave tree quality (best possible leave trees) at the correct spacing is a very important consideration on the inspection and passing of the units. Select the best quality desirable leave tree based on the species, form, and other factors listed above.

· Acceptable Quality Level

At least 93 percent acceptable thinning quality.

· Means of Measurement

Government will randomly review the manner in which the contractor is conducting the Quality Control Program by both reviewing the contractor’s records and observing actual performance, or both.

· Negative Incentives

Re-perform the work at no additional cost to the Government.

Non-compliance after the first rework will result in 100% Government inspection with contractor bearing the Government’s cost of inspection.

· Positive Incentives

97-100% thinning quality, 97-100% slash treatment quality, and full compliance with the objective the first time a unit is worked (in a timely manner) will result in a Performance Rating as “Superior” for future work with the Government.

Slash Treatment (Lopping and Scattering of Slash)

· Performance/Quality Standard(s)

All slash shall be lopped and scattered so that slash is 18 inches or less in height. All stumps shall be 6 inches or less in height. All cut trees must be completely severed from the stump. No cut trees shall be left hung up in a leave tree. Slash shall be pulled back out of the roads, road ditches, or around culverts.

· Acceptable Quality Level

At least 95 percent acceptable slash treatment quality.

· Negative Incentives

Re-perform the work at no additional cost to the Government to meet or exceed the 95% slash treatment quality level.

Non-compliance after the first rework will result in 100% Government inspection with contractor bearing the Government’s cost of inspection.

· Positive Incentives

97-100% thinning quality, 97-100% slash treatment quality, and full compliance with the objective the first time a unit is worked (in a timely manner) will result in a Performance Rating as “Superior” for future work with the Government.

SAFETY OF WORKERS

The contractor or their representative will be responsible for the health and safety of their crewmembers.

OSHA - Worker Protection Standard

Contractor is responsible for full compliance with all applicable OSHA Worker Protection Standards.

Personal protective equipment: Personal protective equipment (PPE) must be provided and maintained for workers.

RESOURCE PROTECTION

Stream, Lake and Reservoir Pollution Prevention

Under no circumstances will any contaminated materials be washed in any stream, lake or reservoir. Violations of 36 CFR 261.11© are subject to fine of not more than $500.00 or imprisonment for not more than 6 months or both pursuant to Title 16 US Code Section 551.

STREAMSIDE MANAGEMENT ZONES (SMZ’S) and RIPARIAN CORRIDORS

16 AND ABOVE

USE FORMULA: 30+1.5 X % SLOPE

*Note: It will be the contractor's responsibility to ensure that these standards are met.

Care shall be taken to protect private lands and SMZ’s.

Protection of Improvements

The contractor will protect all trails, roads, ditches, fences, and other improvements in the project area. Roads and trails will be kept free of logs, slash and debris as stated in Clause 232 Paragraph (2).

Any road or trail used by the contractor that is damaged by his operation shall be promptly repaired to US Forest Service standards at the contractor’s expense and accepted by the COR before payment is made for work done.

Repairs may require restoring water bars, ripping soil to a depth of at least 2 inches and revegetating the area at the following rates:

Fertilizer: 13-13-13 at 500 lbs per acre

Orchard Grass: 25 lbs. per acre

Rye Grass: 10 lbs per acre

White Clover: 4 lbs per acre

Lime: 2,000 lbs per acre

PERSONAL PROTECTIVE EQUIPMENT

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

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

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

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

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

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

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

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

H- .

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

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

15. 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.

16. 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.

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

a. 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.

b. All fire rings or outside fireplaces will 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.

c. All generators and other internal combustion engines will be equipped with USFS 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).

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

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

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

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

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 undocumented workers. 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…