SF1449 cont.doc

AG-4419-S-10-0306 Layout, Marking and Cruising Timber on the Croatan 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 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items-Commercial Items SIP 2009 (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).

(4) 52.245-2, Government Property (Fixed-Price Contract) (MAY 2004)

(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).

___ (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.

___ (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).

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

__ _ (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).

__X_ (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.

__X_ (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).

__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.).

___ (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

STATEMENT OF WORK

General Specifications

PERFORMANCE STATEMENT OF WORK (PWS)

1. BACKGROUND

General Description: The project consists of establishing boundaries, marking and cruising timber to thin areas to lower the risk of southern pine beetle infestations and risk from wildfires. The size of the areas where work is to be done is approximately 480 acres.

The intent of this contract is to thin overstocked pine plantations to lower the risk of southern pine beetle infestations and reduce hazardous fuel conditions. The work is to be completed by any method that will meet the specifications outlined in below and timeframe for project completion.

Project Location: Croatan National Forest, 141 E. Fisher Ave., New Bern, NC 28560.

Access: The project areas are spread throughout the Croatan National Forest with majority of the work clustered around three areas near New Bern, Maysville, and Havelock North Carolina.

See the project maps for exact locations.

Project Area: The total project area consists of approximately 480 acres that will be treated in this contract. The treatment units are very flat and can be wet. The majority of the pine plantations were planted between 20 and 30 years ago. Areas that are not plantations vary in age.

2. SCOPE and PERFORMANCE PERIOD

The contractor shall provide all permits and licenses that may be required. The Contractor shall provide all labor, equipment, supplies, supervision, transportation, operating supplies, and incidentals necessary to complete the tasks/subtasks specified within the contract, except those supplies listed below in Government Furnished Property.

The performance period for this contract shall be 120 days from the date of the Notice to Proceed.

3. KEY PERSONNEL

The contractor shall designate and make known a Contractor Representative for the performance of the work. The name of this person and an alternate(s) shall be designated in writing to the Contracting Officer. Any designated Contractor Representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Representative and alternate(s) must be able to read, write, speak, and understand English and read maps.

4. SUMMARY OF REQUIREMENTS

The Contractor will be required to comply with the following conditions in completing the Statement of Work (Prescriptions and Specifications) for the treatment. The Project Inspector shall have the authority to suspend work if the Contractor fails to meet the conditions as outlined.

4.1 Description of Work

This contract will establish the perimeters of the treatment units with flagging and paint and GPS traverse the boundaries. Once the boundaries are approved by the COR, marking and cruising will begin. There are three sales that will be established under this contract. Work may be suspended or modified by the COR or the Project Inspector. All work shall meet prescribed standards set forth in 4.4.1, prescriptions and specifications.

4.2 Contract Property:

4.2.1 Contractor Furnished Property

Contractor shall furnish all material and supplies not identified in 4.2.2 below to complete the projects (bid items) in this contract. Contractor will need items such as, but not limited to, the list below to complete the work in this contract.

1. Hardhats and other safety gear

2. Cruising equipment such as loggers tapes, clinometers, prisms (10BAF), cruisers vests, clip boards, pens pencils and markers

3. Paint guns that fit on quart size tree marking paint cans.

4. Transportation

4.2.2 Government Furnished Property

1. Orange Forest Service Tree Marking Paint in Quarts

2. GPS Unit capable of traversing units to less than 6 PDOP

3. Flagging Tape

4. Wire Pin Flags

5. One data recorder with cruising software. Additional software is available if contractor wishes to have more than one marking crew operating at a time. Software is available at the following web site. http://www.fs.fed.us/fmsc/measure/cruising/index.shtml

6. A copy of the Forest Service National Cruise paper tally sheet. Contractor will be required to make their own copies.

7. Cruising Software for desktop computer (if using paper forms to record cruise data)

8. Up to 4 hours of hands on training on the use of the data recorder and cruising software. Contractor will be required to take the online training available on the following website before receiving the hands on training. http://www.fs.fed.us/fmsc/measure/training/index.shtml

4.3 Acreage Measurement

The initial project acreage was estimated using ArcGIS mapping software. Acreage determined under the initial layout phase (Bid Item #1) will determine final payment.

The Forest Service makes no representation of the accuracy of the initial acres and encourages the contractor to make their own determination of acreages to base their quotes on. Final acreage of bid items 2 and 3 will be as close to 400 acres as possible. This will be accomplished by adding or deleting entire areas or blocks of timber. Bid item Bid item 4 is estimated at 80 acres and no guarantee will be made on the final acres of this item. Total acres to be treated are estimated at 480 acres.

4.4 General Provisions

It is expected that the Contractor shall exercise sound judgment and follow the work outlined in the prescriptions and specifications (4.4.1) in completing the work under this contract. The Contractor shall contact the Project Inspector whenever necessary to advise of the project status and the project conditions, but not less than once weekly. The Contractor shall contact the Project Inspector at the completion of work and arrange for an on-site inspection to verify that the work was completed according to the Statement of Work.

4.4.1General Prescriptive Elements and Specifications applicable to all units:

Contractor will refer to each individual bid item for exact specifications and standards.

1. Bid Item #1, Layout of Boundaries

2. Bid Item #2, Riverdale Timber Sale Marking and Cruising Plan

3. Bid Item #3, Loose Ends Timber Sale Marking and Cruising Plan

4. Bid Item #4, Movie Theater Timber Sale Marking and Cruising Plan

5. MINIMUM REQUIREMENTS OF BIDDERS

As a minimum, the Contractor’s crew leader(s) for cruising must have had two years of experience cruising in timber types found in the coastal plains of the Southeastern States with some experience being with variable plot cruising or a Bachelor of Science (4 year) or Associate of Arts (2 year) degree in Forest Management. This alone, is no assurance that performance will meet all contract requirements.

There shall be one crew leader for each cruising team. Contractor’s personnel will have to be skilled in the use of a variety of instruments and have the knowledge needed to relate to the functions being performed.

Resumes must be on file or submitted with quote for all cruisers and supervisors experience. The resume shall cover work experience for the past ten years; listing periods of employment and individual employers; type of work and area of responsibility. If self-employed, list type of work by years. The resume is to be submitted with this quote. Any bid that does not include a resume will be considered non-responsive.

Contractors personnel engaged in crusing timber must pass a Forest Service certification examination that includes a written test on timber cruising with a minimum score of 70% and a check of no less than 10 trees per product meeting the prescribed height tolerance for both accuracy and bias. These requirements are outlined in FSH 2409.12, Chapter 60.

6. SUBMITTALS

The contractor shall provide information with their proposal to allow the Government to evaluate each evaluation criteria. After contract award, submittals 5.1 and 5.2, with any modifications approved by the Contracting Officer, shall become a part of the requirements for this contract.

6.1 Past Performance – List all projects of similar nature the contractor has worked in the last 3 years. Include contact information [name, phone number] nature of the work and value of the project.

6.2 Technical Capability - Personnel qualifications and how the work will be managed.

6.3 Quality Control Plan

The Contractor shall prepare a Quality Control Plan before starting work and provide it to the COR. The Plan will demonstrate how the Contractor - through organization, supervision, and self-inspection – will perform work at the Acceptable Quality Level. Any proposed inspection system shall produce written data that can be provided in a timely manner to the Contracting Officer or his/her representative. Sampling shall be unbiased, shall represent all parts of the stands, and shall be verifiable (sample locations marked on the ground). The CO, COR, or Inspector may observe the Contractor’s inspection at any time:

a) Among the items to be included in the Quality Control Plan are reports of basal area plots taken every at a rate of 4 plots per acre, verification of unit boundaries and leave trees marked to standard, documentation of safety discussions, and a proposed schedule of work, updated at least weekly.

b) Inspection Procedure (the checklists used by the contractor which include the items, frequency, conformance indicators and actions taken if nonconformance found) for each service requirement of this contract.

c) Means of Identifying and Resolving Problems.

d) Roles and Responsibilities

6.4 Work Plan--The work plan shall describe how the Contractor plans to perform the project and include methods, personnel and equipment.

6.5 Progress Schedule--The Contractor shall prepare and submit a practical schedule showing the order in which the Contractor intends to perform the work and the dates on which the Contractor contemplates starting and completing each task. This tentative schedule, as submitted with the Offeror’s proposal, may later be modified, if necessary, shortly after contract award and prior to starting work, and be formally approved by the Contracting Officer.

7. FOREST SERVICE INSPECTION PROCEDURES

(a) The work of the cruisers shall be checked on the ground by a Forest Service check cruiser. The check shall consist of:

1. 15% or 20 plots whichever is smaller on each sale will be checked for accuracy.

2. Plot centers will be clearly marked; the cruise will be unsatisfactory if plot centers cannot be relocated.

3. The count of the “in” trees will be compared to the “in” trees recorded in the CRZ file and to meet tolerances set in inspection form R8-FS-2400-62.

(b) Rework and RE-inspection after Rework- If the work of the contractor on a payment unit does not pass the initial inspection, the contractor must return and rework that payment unit. After the Contractor has reworked a failed payment unit, the Government will make a new inspection of the unit. The same inspection procedures will be used to inspect the rework plots. The Contractor may accompany the Government inspection during the new inspection of the unit. Any inspection needed due to Contractor rework shall be at the Contractors expense.

(c) Re-inspection of the cruise upon Contractor’s Request- If the original inspection results of a payment unit are unacceptable to the Contractor, a re-inspection may be requested. Requests for re-inspection must be made in writing within 5 days after receipt of notice of initial inspection results. If the re-inspection shows that the contractor’s work is outside specified tolerances, the Contractor shall bear the Government’s cost of the re-inspection and shall re-cruise all cutting areas. If re-inspection shows the Contractor’s work is within specified tolerances, the Government will bear the costs of re-inspection and payment will be based on the re-inspection.

8. DELIVERABLES

All portions of the project shall be completed in an orderly manner. Generally the order of completion will be bid item #s 1, 2, 3 and so on.

9. QUALITY ASSURANCE PLAN

9.1 Performance Assessment Methods

9.2 Government’s Quality Assurance Plan

The Government will monitor progress to ensure that the Contractor is providing the quality promised in their Quality Control Plan and that work meets performance standards. Visual observation will be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to measure performance using standard forestry measurements (basal area plots, tree and other measurements) to randomly inspect contractors work. Each contract Area will be inspected separately and the results will not be averaged.

Government inspections will be documented on Daily Diaries and placed in the contract file. Additional inspection forms (check cruise and other forms) will be used to document inspection elements and will be attached to Contract Daily Diaries. If work in part of an Area does not meet the Acceptable Quality Level given above, a Notice of Non-Compliance will be issued to the Contractor. The CO may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Upon completion of an Area and notification by the Contractor, the COR or designated Inspector shall make an overall inspection of that Area. If a need for remedial work prior to acceptance is reflected by the COR/Inspector’s overall inspection, or by plot sample results, such remedial work will be performed before the Contractor moves to the next Area. If the inspection results in acceptance of the Area, the Contractor may immediately proceed with work on the next area.

10. PRE-WORK MEETING

The contract will be administered by the Contracting Officer. The Contracting Officer will designate a Contracting Officer’s Representative (COR) for the purpose of insuring compliance with the specifications and provisions of this contract.

Prior to commencement of work, the Contracting Officer or COR will arrange a meeting with the contractor to discuss the contract terms and work performance requirements. A work progress schedule will be developed at this meeting.

Before work starts, preferably at the pre-work conference, the Contractor shall designate in writing a person to act for them in their absence. The Contractor or their designated representative shall be on the job whenever work is in progress.

In the absence of the Contractor, their authorized representative will take action as required to keep the job in progress under terms of the contract. The presence of the COR on the job will not relieve the Contractor of responsibility of satisfactory performance.

The pre-work conference may also include a field phase and a technical familiarization phase. This will provide a Contractor with the opportunity to become acquainted with the practical application and mechanics of data collection. The pre-work conference may take several days and costs incurred by the Contractor will be his. All of the Contractor’s employees who will collect data should attend the field and technical phases of the conference.

11. PAYMENT (Progress Payments)

Partial payment can be made upon completion and acceptance of a payment unit. In the case of Bid Item #1, payment will be made upon satisfactory completion and acceptance of an entire sale (ex. = Riverdale, Loose Ends and Movie Theater). The last payment may be held until all government furnished property has been returned. Should any government furnished property used by the contractor be returned in a damaged state the contractor shall bear the cost of repair or replacement of that equipment.

12. CONFIDENTIAL NATURE OF INFORMATION AND CONFLICTS OF INTEREST

The Contractor shall not divulge, and shall take all reasonable steps to insure that no member of its organization divulges, any information concerning this Timber Sale Data to any person other than those duly authorized representatives of the Contracting Officer.

In addition, neither the contractor, his/her employees may be involved in bidding on any timber sales resulting from this contract.

SPECIFIC TECHNICAL UINT SPECIFICATIONS

Quote Item# 01 - Boundary Marking and Layout

See attached map and aerial photo for Area locations. Access to treatment areas will be through both public and Forest developed roads. Contractor must keep roads clear and respect the rights of private landowners in the vicinity. The following procedures apply to boundary layout under this contract:

1. Utilize available maps and, if needed, aerial photos to locate Areas;

2. Exclude the following areas and inclusions from Area acreage:

a) Hardwood drainages;

b) Areas inaccessible by skidders, and other inoperable areas near the boundary;

3. Existing interior roads will not be excluded from Area acreage. Interior inoperable areas will be noted on the area map;

4. Upon the completion and approval of flagged Area boundary lines, by the COR or Inspector, areas will be traversed with a government-furnished GPS unit to determine Area acreage. GPS traversing will only be done when the PDOP is no greater than 6 .

5. Whenever Area traverses are completed on three or more stands, the GPS unit will be brought to the COR for downloading by the next Federal work day.

6. The total GPS acreage of layout under this contract will be no less than 400 acres for Loose Ends and Riverdale Timber Sales. The Movie Theater Sale is estimated to have about 80 acres of work. If the total GPS acreage is less than 400 acres for Loose Ends and Riverdale Sales, additional Area(s) will be added to the contract at no additional charge as necessary to meet the required 400 acre minimum. No additional units will be added or subtracted on the Movie Theater timber sale to be exactly 80 acres. Total estimated acreage for this layout work is 480 acres.

7. All Area boundaries that have been flagged and approved by the COR will be marked with government-furnished Forest Service orange timber marking paint with marks no farther apart than 100 feet.

8. Boundary line trees will be marked so that the paint faces toward the interior of the bounded area. Three diagonal slash marks will be painted at eye level on a boundary tree, and one spot will be painted on the same tree at ground level.

9. If the boundary of a unit is a road, no boundary trees will be painted along the road.

10. All cans of marking paint will be returned to the Forest Service. This includes closed empty cans as well as cans with paint still in them. See the tracer paint accountability agreement near the end of this document for specifics.

Government Furnished Property

The Government shall deliver to the Contractor the following listed materials, supplies, and property (hereafter referred to as "Government-furnished property") at the place and time specified below. The Contractor shall be liable for all loss or damage of such delivered Government-furnished property until completion and final acceptance of work required under this contract. If the Government fails to make timely delivery of such Government-furnished property suitable for its intended use, and upon written request from the Contractor, Contracting Officer shall make an equitable adjustment of contract delivery or performance dates or contract price, or both, pursuant to "Changes" clause of the General Provisions of this contract.

The Forest Service shall furnish the following at the Croatan Ranger District Workcenter, 8 miles southeast of New Bern, NC (see attached vicinity map):

a) Rolls of plastic flagging (color may vary) will be furnished to the Contractor in boxes. The contractor is responsible for returning unused flagging;

b) A Trimble GPS unit with charger will be furnished to the Contractor to be used for traversing. The charger cradle will need to be brought with the GPS unit when downloading of files is required. All GPS equipment will be returned to the Forest Service at the end of each work week or as otherwise agreed upon in writing by the COR;

c) Orange timber marking paint will be furnished to the Contractor according to the instructions in the attached “Tracer Paint Accountability” document. The COR will designate the times when paint can be picked up and returned. No more than one week's supply of paint will be picked up at one time unless authorized by the COR.

Applicable Guidance

a. Boundaries will be marked (flagged and painted) and GPS traversed on Riverdale Timber Sale before boundary work can begin on Loose Ends Timber Sale.

b. Sampling procedures –spot checks by the Forest Service of work in progress and completed work.

c. Inspection procedures – visual examination of field work, verification of GPS area closure error, return of government-furnished property by Contractor in a timely manner;

d. Documentation – Notice of Non-Compliance will be issued to Contractor for any work less than 95% in compliance. Payment will be made only for work that is performed in compliance with contract specifications.

Quote Item# 02 - Riverdale Cruising and Marking Guidelines

The Riverdale Timber Sale is located approximately six miles south of New Bern, North Carolina on the Croatan Ranger District, Croatan National Forest of the National Forests in North Carolina. Access to the area is from US Highway 70 to State Road 1101, Riverdale Road and then on Forest Service Roads 121-1 (North Little Road) or 170 (Mill Branch Road). The Decision Notice and NEPA documentation for this sale are found in the First Thinnings #s 1 and 2 and Big Mosquito #s 1 and 2 project files.

The sale area encompasses an estimated 500 acres with approximately 226 acres being thinned. The cutting units are generally level and the elevation is about 30 feet.

The Riverdale Timber Sale is anticipated to yield approximately 2500 CCF of southern yellow pine of sawtimber. This sale will be sold as a Tree Measured Timber Sale.

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. 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 table 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 this sale. Differences are the result of field layout and GPS determination of Payment Unit boundaries.

Unit Cross-Walk Table and

FACTS / TRACS data information

Cut Planned

Cut Accomplished

Total

* Cut Planned / Accomplished are for FACTS data entry at a later time and are to be filled in later.

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

Layout and Boundary Designation:

The unit boundaries will be designated with flagging tape (colors may vary) upon completion of bid item 1. Boundary line trees will be marked at eye level with three (3) diagonal slash marks and a spot of orange paint at ground level with the eye level marks facing into the interior of the payment unit. All boundary paint is Forest Service tracer Orange.

Cruise Design and Implementation:

Pre Cruise data was taken from comparative sales cruised within the last two years – Rice Ground Branch, Beetle Baby and Bender Beetle.

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 1 plot will be measured for every 2 acres.

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

The first measured trees will be to the right of North from plot center. One pine saw timber and one pine pulpwood will be measured. The reminder of the pine pulpwood and sawtimber trees within the plot will be counted and recorded. The following chart shows an example how a plot with 3 sawtimber trees and 4 pulpwood trees will be recorded. Variations with no trees, only pulpwood or sawtimber and such will be encountered.

WD

WD

WD

Individual Tree Marking:

Leave Trees are to be designate with orange Forest Service marking paint at or above eye level and at ground level below stump height.

The areas to be thinned in this timber sale were planted in rows.