SF1449 cont Clause Specificaitons.doc

*RECOVERY* AG-4419-S-10-0280 Uwharrie National Forest Timber Marking and Cruising

COMMERCIAL ITEMS

SOL NO. AG-4419-S-10-0280

PROJ NAME: Timber Marking and Cruising

UNIT: Uwharrie National Forest

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

CONTRACT CLAUSES

The following clauses apply if orders placed are with funds from the American

Recovery and Reinvestment Act are used:

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Governmentwide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 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:

[Contracting Officer shall check as appropriate.] ___ (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).

___ (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)).

__X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub L. 111-5).

_X__ (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.

_X__ (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.

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

___ (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.

___ (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 (Aug 2009) 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).

_X__ (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).

_X__ (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).

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

___ (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.

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

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

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

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

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

___ (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.

_X__ (44) 52.245-2, Government Property (Fixed-Price Contracts) (MAY 2004)

(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:

[Contracting Officer check as appropriate.]

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

___ (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.).

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

(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

Uwharrie National Forest Timber Marking & Cruising

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. Scope of Work/Location:

The Wood Duck and Stinger Timber Sales are located approximately thirteen miles southeast of Troy, North Carolina on the Uwharrie Ranger District of the Uwharrie National Forest. Access is via State Roads 1005 and 1516 and Forest Service Developed roads 517 and 6719 and 6748. The sales are located in Compartment 40, stands 16, 17, 20, 25, 26, 27, 28 and Compartment 42, stands 37 and 40 respectively. The Wood Duck sale is located north of State Road 1516 and the Stinger sale is located south of State Road 1516. The Decision Notice and NEPA documentation for these sales are found in the Pekin Ecosystem Management Project file folder.

The sale area for both sales encompasses about 1196 acres, Thinning will occur on approximately 400 acres. This will be a Leave Tree Mark Sale. The slopes in the cutting units are gentle 0 to 25%; they do contain shallow to moderate deep gully areas within the units. Elevation of the sale area is about 600 feet.

The Stinger and Wood Duck Sales are anticipated to yield approximately 830 CCF of southern yellow pine saw timber and 4170 CCF of southern yellow pine pulpwood. This sale will be sold as a Tree Measurement Sale.

2. Silvicultural Prescriptions and Marking Guides:

The Silvicultural prescriptions for these stands are to decrease the risk of southern pine beetle (SPB) infestation and catastrophic wildfire by reducing stocking levels and prescribed burning. The stands are to be commercially thinned. The leave square feet of basal area per acre by Payment Unit is as displayed in the chart below. These leave trees are to be left evenly distributed throughout the stands. The Unit Cross-Walk shows the tie from stands identified in the NEPA documents to the Payment Unit. The acres shown are the estimated acres. The final acres will be determined after layout and before marking begins on these sales. Differences are the result of field layout and GPS determination of payment unit boundaries.

Sale

Name

BA

Leave

BA

Acres Est.

Acres

Total

*GPS Acres will be filled in when stands are traversed with GPS.

Sale

Name

BA

Leave

BA

Acres Est.

Acres

Total

*GPS Acres will be filled in when stands are traversed with GPS.

3. Layout and Boundary Designation:

The unit boundaries will be designated with orange flagging tape. Boundary line trees will be marked at eye level with three (3) diagonal slash marks and a spot at ground level with eye marks facing into the interior of the payment unit. All boundary paint is Forest Service tracer Orange.

4. Cruise Design and Implementation:

Pre Cruise data was taken from comparative sales – Magnum and Big Creek Thinning.

CV’s from the comparable cruise will be used to determine sampling intensity on the cut tree population to achieve the desired 10% sample error. Calculations are available in the pre sale folder.

The cruising method to be used is point count measure tree (PCMT). A 10-factor prism will be used at each plot for both count and measure trees. Approximately one plot will be measured for every 2 acres.

A 10-factor prism should average 6 – 8 trees per plot in these stands.

The first count tree right of plot center in the direction of travel for pine saw timber and pine pulpwood is to be measured. The reminder of the pine trees within the plot will be counted and recorded by product.

5. Individual Tree Marking:

Leave Trees are to be designated with orange Forest Service marking paint at or above eye level and at ground level.

· Marks at or above eye level shall be visible from all sides of the tree; diagonal stripes or a painted band will often accomplish this objective. The painted stripes shall be a minimum of one inch in width.

Stump marks shall be at ground level on the downhill side of the tree. Often there will be a buildup of pine straw or other material which will need to be kicked out of the way to get to ground level. Stump marks are to be placed inside fluted portions of the stem, one spot at least three inches in diameter is required.

6. Leave Tree Selection Preference:

Pine leave trees will be marked with orange paint so that the following basal areas of pine would result after harvesting all unmarked trees:

Total Basal Area Marked Basal Area 150 or less

160 or more

Leave trees to be marked will be the best quality pines according to criteria listed below, and they will be uniformly distributed as much as possible, although spacing between leave trees is secondary to tree quality. Leave trees will be:

· Longleaf pine (Pinus palustris), shortleaf pine (Pinus echinata), or loblolly pine (Pinus taeda), in that order of preference. No hardwoods will be marked.

· Dominant or codominant crown classes. However, tall, well-formed, intermediate shortleaf pines will be favored over limby or diseased loblolly pines, even if the loblolly pine is much larger in dbh. Otherwise, intermediate and suppressed pine trees will be left unmarked so they will be cut.

· Free of fusiform rust cankers on the main stem of the tree.

· Having a full crown, not broken by wind, ice, or snow.

· Single-stemmed trees are preferred, but a forked tree may be marked if it is the best tree available.

· Straight, well-pruned trees are preferred if available. For example, a straight, well-pruned pine that is 14” dbh and codominant would be preferred over an 18” dbh dominant tree with many residual branch stubs.

In some stands, it will be common to have more good quality trees available than what is needed to make the leave basal area. In that case, preference will be given to spacing, i.e. leaving (marking) trees that are more uniformly spaced.

In stands mixed with hardwood trees, the pine basal area might be below the target level of 80-90 sq ft/ac in some locations. Where that occurs, only pine trees meeting the first four criteria listed above will be marked. Suppressed, damaged, and diseased pines will be left unmarked for cutting.

Self-Inspection: The Contractor will take a minimum of four plots per acre to determine leave basal area of marked trees. Blue flagging will be hung at each plot center with the marked basal area written on it.

7. Cruise Plots:

The cruise design uses a point count measure tree variable plot system. At each plot, the cruiser will use a 10-factor prism to determine count and measure trees that fall within the plot. Count trees must meet minimum merchantability specifications.

All questionable trees must be measured and checked against a limiting distance table or mathematically calculated limiting distance to determine in or out.

The information on height measurement and diameter measurement located in the Region 8 Self-Study Training Guide for Qualified Cruiser is to be followed to obtain and record all diameter and height data. For this sale, pulpwood will be cruised to a four inch DOB height, saw-timber to a first height where loss of merchantability occurs and a second height to a seven inch DOB (these heights in some cases are the same).

The contractor will monument each plot center with a wire-staked flag. The flag will have the plot number recorded with permanent ink such as a “sharpie”, in addition to the wire-staked flag an attractor flag will be hung and the plot number along with the initial of the cruiser who used the prism to determine in and out trees. Approximate locations of plots will be kept on a work progress map. All questionable or “border line” trees will be measured and checked against a limiting distance table to determine if the tree is to be considered in or out of the plot. Each measured tree within the plot will have a piece of flagging ribbon tied around it with the cruisers initials, tree species, dbh, and tree height(s).

Plots will be distributed on a systematic grid on north-south, east-west grid lines. Plots should not be closer than 30 feet from unit boundaries, if road rights-of-way are included in the unit acreage plots falling on roads are acceptable; if the rights-of-way acreage is not included in the unit acreage, do not take plots which fall on the road since they are not within the unit acreage.

Data Recording: All trees sampled—count and measure—will be recorded on R8-National Cruise Data Sheet1.

Errors are most easily and accurately corrected at the data source. Make a visual edit of the data before leaving the plot.

8. INSPECTION AND ACCEPTANCE:

Check Cruiser: The responsible qualified advanced cruiser for the Stinger and Wood Duck Sales is Kimberly Rust.

Acceptable work will be determined with completion of the Field measurement Evaluation – R8-FS-2400-62 Form and Plot or Tree Measurement Check Sheet – R8-FS-2400-61 Form. Form R8-FS-2400-63 will be used to evaluate satisfactory plot layout and marking.

MERCHANTIBILITY SPECIFICATION:

Minimum Specifications

9. TRACER PAINT ACCOUNTABILITY

The security of tracer paint cannot be emphasized too greatly. It is an extremely important link for the Forest Service to be successful at proving a trespass case on a timber sale.

Each District Ranger will designate a Property Custodian who will take responsibility of all phases of tracer paint security, from completing the order, until each can has been properly disposed of. The District Ranger will also designate an Accountable Property Officer. These designations are in accordance with direction in FSH 2409.12.

Duties of Property Custodian, COR and Marking Contractor

The Property Custodian is ultimately responsible for tracking all tracer paint, from the time it is ordered until the cans are properly disposed of, including: ordering, receiving, checking, inventorying, distribution, securing storage, and disposal of empty cans.

The Property Custodian will ensure that COR’s are trained in the procedures and importance of accountability. Contracting Officer’s Representatives will discuss with and impress upon the contractor, the importance of the security and accountability procedures required of them.

Once a paint transaction has been checked for completeness and proper exchange, it shall be added to the inventory forms and secured in the Contractor’s approved paint storage containers.

Training

The contractor’s and his employees shall be instructed in the proper safety, use, and security of tracer paint. Instruction will include the following:

1. View the “Tree Marking Paint” video.

2. Review the Job Hazard Analysis for tracer paint.

3. Review the Tracer Paint Accountability Plan.

4. Discuss with the COR and understand the following:

a. Accountability procedures.

b. Proper security measures for transporting tracer paint.

c. What to do if cans are missing.

d. How to identify and report suspicious situations.

e. How to properly mark a tree.

Paint Storage

The COR will ensure that all individuals checking out tracer paint have the ability to secure the paint at all times while the paint is out of the Forest Service tracer paint storage facility. Tracer paint will not be issued to anyone who does not have the capability to secure the paint in the field. Tree marking paint will be stored in secure containers (building, vehicle, toolbox, etc.)

The contractor’s paint storage containers will be inspected and approved for compliance with security measures prior to paint being issued to the contractor. Storage containers shall be constructed of strong materials, with locking mechanisms that cannot be easily compromised. Containers must be anchored (if applicable) and have secured doors, windows, and lids, with hinges to the inside or welded to prevent theft of the paint or the container itself.

Tracer paint containers will be locked at all times, while not under direct surveillance of the contractor or his employees.

Tracer Paint Security While in the Field

Security of tracer paint is most vulnerable from the time it is checked out for field use, until it is returned and accounted for. It is most important during this time for the paint to be properly transported, stored, and used in the field.

If paint is not “on the person” of the contractor or his/her employees involved with the tree marking contract, all paint will be stored in secure containers which will be locked at all times.

The contractor will keep track of the tracer paint used each day via the “Uwharrie Standardized Tree Marking Contractor’s Daily Paint Accountability Log” form. At the end of each day, and when additional paint is issued, the proper number of empties must be accounted for.

Returning Unused Paint to the COR

The contractor will return all unused paint and empty cans to the COR at the Forest Service secured paint storage facility at pre-arranged time frames. All paint shall be accounted for by the COR and Contractor.

All unused paint and empty cans will be returned to the COR at the Forest Service storage facility and accounted for by inventory methods. The Contractor shall provide the COR with the required documentation, recorded on the “Uwharrie Standardized Tree Marking Contractor’s Daily Paint Accountability Log”, prior to the COR approving any final Payment Invoice.

Lost Paint Procedure

An immediate investigation shall occur anytime tracer paint or empty tracer paint cans cannot be accounted for.

Paint Lost From Storage

Any time the inventory does not match the inventory sheets; check past and present inventory sheet figures in an effort to locate a possible math error or where the discrepancy occurred. If the paint cannot be accounted for:

1. Immediately perform a complete audit of all paint in storage, including paint stored in vehicles. If procedures have been followed, this audit should identify the person who lost the paint or verify that a theft has occurred from the paint storage facility.

2. If a theft from the storage area is indicated, immediately notify the COR and the COR will notify the District Law Enforcement Officer (LEO).

3. The Contractor, COR and Property Custodian will write up separate statements. The Property Custodian will send it to S.O. Timber Management.

Paint Lost in the Field

If all tracer paint cans are not accounted for at the end of the day:

1. An immediate inventory will be conducted to determine which employee lost the paint.

2. Prior to the crew leaving the area, a search will be conducted of the area in which the employee was working.

If the paint is not found:

1. The Contractor will provide a written statement to the COR addressing the circumstances involved in the loss. Statements involving lost tracer paint must include the following information:

Brand of paint (manufacturer)

Batch number

Date of manufacture

Color of paint

Type of can (quart, aerosol etc.)

Was the can(s) full, partially full, or empty

Circumstances and Location of loss

If lost on a timber sale, COR will include all information in the presale or administration folder as appropriate.

2. The COR will immediately notify the Property Custodian. The Property Custodian will notify the Law Enforcement Officer District Ranger and S.O. Timber Management as soon as possible.

3. S.O. Timber Management will involve Law Enforcement and determine investigation procedures.

DOCUMENTATION:

A draft copy of the sale area map shall be maintained with approximate locations of plots and shading of progress – these maps shall be kept in the pre-sale folder.

A daily diary recording the number of plots taken, crew names, number of hours spent on the project including travel time, and field observations, such as location of old woods roads, log landings, or wet boggy areas, shall be kept daily and filed in the pre-sale folder.

The pre-sale folder shall be kept neat and orderly at all times.

CHECK CRUISE:

This sale shall be check cruised. The Forest Service will document checks on R8-FS-2400-61 and R8-FS-2400-62. Examples are attached.

Contractor shall meet established standards

SPECIAL INSTRUCTIONS:

SAFETY: All personnel working on this assignment shall refresh themselves with the health and safety code handbook as well as the Job Hazard Analysis (JHA). Tail Gate safety meetings will be held a minimum of weekly and whenever weather or field conditions vary. These sessions shall be documented and copies of those in attendance noted and filed in the pre-sale folder. The sign out tracking sheet shall be used. A review of the JHA pertaining to communication and tracking shall be reviewed and discussed in tailgate sessions as well as the JHA for marking and cruising.

GATES:

Some roads are gated. Contractor shall have access through these gates. Contractor shall be responsible for insuring that gates are kept shut and locked at all times.

R8-NATIONAL CRUISE DATA SHEET1 (07/99) R8-FS-2400-41

NO.

TREE

NO.

LV

LIVE

DEAD

C

M

FTI

FT2

PLOT OR TREE MEASUREMENT CHECK SHEET

FSH 2409.12,60

1st ( Ht Ht

Ht Ht

of

Marker

Plot#

Or

Tree# Count

Or

Measure

Diff

Accuracy (.10 /1

.95≦Bias≦1.05 /2

1st number in each column is the cruiser’s measurements, ( is the check cruiser’s value.

dif = difference between the 2 values. SPP=species or product group, circle if incorrect. Use Exhibit #02 to summarize results of this check for individuals.

/1 Accuracy = absolute sum of 2nd ht.diff./sum of (’d 2nd ht.

/2 Bias = sum of 2nd ht./sum of (’d 2nd ht.

FIELD MEASUREMENT EVALUATION

FSH 2409.12,60

Possible

Correct

Answers (a) Numbers of Incorrect

Answers

(b) Error

Weight

(c) Total Error

(bxc)

(d) Percent Correct

(1-(d/a))x100

(e)

5*

*Forests should use species that coincide with the appraisal product group for the sale e.g.: SYP sawtimber, red oak sawtimber, hardwood pulpwood, low-value hardwood sawtimber, etc.

Overall Percent Correct = Total of (e) ( number of items about which information is checked. Accuracy and bias for all trees on this evaluation form will have only 1 “Total Possible Correct Answer”.

Note: To pass this check, each item checked must have at least 75 percent correct and the overall accuracy must be 80 percent. Failure of any given item or of overall score constitutes a need to check additional trees, and/or retraining, or loss of certification.

The “Total Possible Correct Answers” (a) is the number of trees measured by the check cruiser. For plot or point cruises, the “Total Possible Correct Answers” of “in/out trees” is the number of plots checked by the check cruiser. Number of “in” trees must be the same for cruiser’s count and check cruiser’s count for plot to be correct. For all other elements, it is the measurements on the number of correctly identified “in” trees.

Recommendation:

Certified Check Cruiser Signature & Date

100 Other Softwoods

107 Sand Pine

110 Shortleaf Pine

111 Slash Pine

115 Spruce Pine

121 Longleaf Pine

123 Table Mt Pine

126 Pitch Pine

128 Pond Pine

129 White Pine

131 Loblolly Pine

132 Virginia Pine

197 Spruce

221 Baldcypress

222 Pondcypress

261 Hemlock

268 Eastern Redcedar

300 Soft Hardwoods

313 Boxelder

314 Black Maple

316 Red Maple

317 Silver Maple

318 Sugar Maple

330 Buckeye

370 Birch (except yellow)

400 Hickory

404 Pecan

460 Hackberry

500 Hard Hardwoods

521 Persimmon

531 Beech

541 Ash, White

544 Ash, Green

545 Ash, Pumpkin

546 Ash, Blue

550 Honey Locust

580 Silverbell

601 Butternut

602 Black Walnut

611 Sweetgum

621 Yellow-poplar

650 Wahoo

651 Cucumbertree

652 Magnolia

653 Sweetbay

691 Water Tupelo

693 Blackgum (highland)

694 Blackgum (lowland)

711 Sourwood

731 Sycamore

742 Cottonwood

762 Black Cherry

800 Oak (Mixed)

802 White Oak

813 Cherrybark Oak

817 Shingle Oak

820 Laurel Oak

822 Overcup Oak

823 Bur Oak

825 Swamp Chestnut Oak

826 Chinkapin Oak

804 Swamp White Oak

806 Scarlet Oak

812 Southern Red Oak

827 Water Oak

828 Nuttall Oak

830 Pin Oak

831 Willow Oak

832 Chestnut Oak

833 Northern Red Oak

834 Shumard Oak

835 Post Oak

837 Black Oak

901 Black Locust

920 Willow

930 Sassafras

950 Basswood

970 Elm

Uwharrie Standardized Tree Marking Contractor’s Daily Paint Accountability Log

District:

Date Received:

Color:

Date Returned:

Batch #:

Quantity Issued:

Issued By:

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 unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

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

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

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

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

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

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

(b) Definitions.

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

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

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

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

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

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing…