Construction RFP Documents Activity Fuel Treatment.pdf

Request for Proposal Services

Activity Fuel Treatment Chippewa, Alger Counties, Michigan

Solicitation No.: AG-4419-S-10-

Project No.: WFM-0900-9-

HFR679-0910-02

NAICS CODE: 115310

Due Date: March 26, 2010 Time: 2:00 PM EST

TABLE OF CONTENTS

1. INSTRUCTIONS

1.1. General Description of Work

1.3. Schedule of Proposal Activities

1.5. Questions

1.6. Proposal Sealing

1.7. Basis for Proposal Evaluation

1.8. Letter of Acknowledgment – Attachment A

SF 1449 Solicitation page (1 of 2)

SF 1449 Solicitation page (2 of 2)

PART I—THE SCHEDULE

SECTION B

SECTION C-STATEMENT OF WORK

SCOPE OF WORK

PART II--CONTRACT CLAUSES

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

FAR 52.223-1 Biobased Product Certification (DEC 2007)

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M--EVALUATION FACTORS FOR AWARD

Attachment A

Attachment B

Attachment C

1. INSTRUCTIONS

This Request for Quote (RFQ) is issued by USDA Forest Service – EROC East, 1720 Peachtree St., NW, Suite 700, Atlanta, GA 30309, hereinafter referred to as FS, to obtain the services of one General "Prime" Contractor (GC), and also referred to as Offeror or Contractor, who shall be singularly responsible to satisfy the terms of the resulting contract. The contract is for activity fuel treatment in accordance with the scope of work, design drawings, specifications and contract requirements included herein.

The contract will be a Firm-Fixed-Priced.

This is a competitive RFQ for Small Business Entity ONLY.

This section contains the specific information and instructions needed to prepare a proposal submission for this anticipated award.

1.1. General Description of Work

Activity Fuel Treatment - Intent of this project to secure service for mechanical site preparation leading to natural or artificial tree regeneration and for removal of piled activities fuels Description of contractor supplied equipment to be used (make/model/size) Brush hog or vegetation cutter or similar equipment.

1.2. What Must Be Included with Proposal Submission

In order to properly evaluate proposal received it should include, at minimum, the following:

Cover Should reference this Request for Proposal number and include:

Dunn & Bradstreet Number ______________________________ Tax ID Number ____________________

Note: This information must match the information in the Central Contractor Registration (CCR) website.

Price Proposal

• Price proposal shall be submitted under separate cover and include at minimum:

• Full breakout of labor and materials anticipated for Fuel Treatment.

• Completed Schedule of Items

• Completed SF1449

Price proposals shall include all fees and charges.

Other than price

• Past Experience:

Provide list of Contracts of similar projects over the past three years that are similar to this project in scope and size. Please provide the name of the firm, address, telephone number and point of contact. Complete

Attachment C.

• Provide a list of equipment you intend to use on the project including, type of equipment, Brush hog, vegetation cutter, Make, model, Size, and accessories.

• Financial- Proposal shall provide verification of financial status of the company, credit information.

1.3. Schedule of Proposal Activities

Submission:

Proposals for the RFQ shall be received at the following location:

Attention:

Cassandra Carey, Contracting Officer 1720 Peachtree St., NW Suite 900 Atlanta, GA 30309

RFQ submissions must be delivered complete by 2:00 pm on March 26, 2010 to the above address.

Proposal received after the 2:00 PM EST on March 26, 2010 will not be considered and will be returned unopened.

Quantity: The Offeror shall submit two (2) copies of all proposals

1.4. Location of Work

Work is to be performed on the Hiawatha National Forest, Chippewa and Alger Counties, Michigan

1.5. Questions

Questions: All questions concerning proposal submissions shall be directed to the Contracting Officer, Cassandra Carey at cncarey@fs.fed.us, the Contract Specialist Monica Shaw at mdshaw@fs.fed.us and the Contracting Officers Representative (COR) mallmaras@fs.fed.us and llabumbard@fs.fed.us via email only.

The subject line shall read: Questions RFQ # AG-4419-S-10-0429

THE LAST DAY TO SUBMIT QUESTIONS IS: March 12, 2010 at 4:00pm EST

1.6. Proposal Sealing

The contents of each proposal submission are to be placed in sealed envelopes or other sealed enclosure and identified with Offeror’s Name, Project Name, submission material title/heading, Tax ID number, Dunns Number, RFP number, and the time/date delivery requirement.

1.7. Basis for Proposal Evaluation

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government in accordance with best value criteria.

Although price will be a large factor in the selection process it will only be considered for those who are in the competitive range in accordance with Lowest Price Technically Acceptable Criteria of the FAR 15.101-2. Equipment & Past Experience will be considered for competitive range determination.

1.8. Letter of Acknowledgment – Attachment A

Please complete the attached letter of acknowledgment (Attachment A), and forward to the Contracting Officer at cncarey@fs.fed.us by March 28, 2010 to verify your intention to place a proposal and to be placed on the list to receive copies of questions and answers.

1.9 RECOVERY -

This project is funded in whole by the American Recovery and Reinvestment Act (ARRA) of 2009 and is subject to mandatory quarterly reporting pursuant to FAR 52.204-11

1.10 Contact Information –

All proposal submissions shall include a valid email contact address.

SF 1449 Solicitation page (1 of 2)

SF 1449 Solicitation page (2 of 2)

PART I—THE SCHEDULE

SECTION B

Schedule of Items

Please provide a price proposal per acre for the items listed. Skidder and other, equipment must meet specifications as described in the Equipment section of the Description / Specifications / Scope of Work document. Use “Other” lines to describe other equipment not listed that you have that may be of use in site preparation for regeneration. You may include pictures of equipment as part of the description.

You may limit your bid to only one of the items, or you may bid on both. You may specify a maximum amount of work you would accept on either bid item.

The Government may issue more than one contract as a result of the Request for Proposal to the responsive and responsible bidders whose quote conforming to the solicitation will be most advantageous to the Government. All mechanical site preparation (Bid Item 1) will be included on one contract, and all slash pile removal (Bid Item 2) will be included on one contract. These separate bid items may be covered in separate contracts, or in a single contract. Award will be made on a best value basis considering past performance, experience, capability, capacity, price and overall cost to the Government. Only one award will be made for each bid item. Any contract(s) will be for one year.

Bid Item 1 -- Mechanical Site Preparation

Description (make/model/size) Est.

Quantity

Unit Unit Price

TOTAL

Operator & Skidder

Acre

Roller Chopper Acre Anchor Chains Acre Other Acre Other Acre Other Acre Other Acre

Available work includes 569 acres. Maximum acres of mechanical site preparation work you would accept:

Please indicate your estimated start date: _________________

Please give an estimate of time needed to complete the project:

Bid Item 2 –Slash Pile Removal

Description (make/model/size)

Est.

Quantity

Unit Unit Price

TOTAL

Operator & Skidder Pile Other Pile Other Pile Other Pile Other Pile

Available work includes 22 slash piles on 173 acres. Maximum amount of slash pile removal work you would accept:

Please indicate your estimated start date: _________________

Please give an estimate of time needed to complete the project:

SECTION C-STATEMENT OF WORK

WFM-0900-9-HFR-679-0910-02

Activity Fuel Treatment

SCOPE OF WORK

Scope The intent of this solicitation and any resulting contract is to secure services for mechanical site preparation for natural and artificial tree regeneration (Bid Item 1) on the east side of the Hiawatha, and services for removal of slash piles (Bid Item 2) on the west side of the Hiawatha.

For All Bid Items The Contractor shall progressively accomplish the work at a rate that will result in completion of the contract within the time specified. The Contractor shall furnish all labor, supervision, transportation, equipment/supplies (except those designated as Government-furnished property) and incidentals.

Substitutions The Government reserves the right to substitute and change sites within a reasonable area with similar conditions, as desired. Services are to be accomplished in accordance with the specifications herein.

Operative Period April 26 through November 14, 2010, unless otherwise specified in writing by the COR.

Prework Meeting Prior to starting work, the COR will coordinate a pre-work meeting with the Contractor identifying which sites to treat first, coordinate, what equipment will be used, etc. At this meeting, the Contractor will supply 3 copies each of the following submittals printed on Contractor’s company letterhead. Work will not start until all submittals are received and approved.

1. Safety plan including but not limited to emergency numbers (fire, hospital, 911, point of contacts for workers, company phone number, etc.).

2. All pertinent phone/page/cell numbers for workers on project, superintendents, foremen, office, etc.

Safety All work will be done in a safe manner, minimizing risk to workers and users of National Forest System lands. Personal protective equipment should be worn by all workers.

See also “Accident Prevention” and “PPE” FAR clauses referenced elsewhere in this contract.

Equipment Cleaning In order to prevent the spread of non-native invasive weeds, all off-road equipment (including skidders, trucks, personal vehicles, etc.) must be cleaned prior to moving.

Equipment shall be cleaned using a stiff, dry brush or broom, or by other method approved by the COR, with the goal of removing all seeds, soil, vegetative matter, and other debris that could contain or hold seeds. Prior to moving any/all off-road equipment subject to the cleaning requirements set forth above, Contractor shall advise Forest Service of its cleaning measures and make the equipment available for inspection. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. Purchaser shall not be required to disassemble equipment unless so directed by the Forest Service after inspection.

Sanitation and Servicing Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s Operations. In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service. Contractor shall maintain all equipment operating on site in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Contractor shall furnish oil-absorbing mats for use under all stationary equipment or equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Contractor shall remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.

Prevention of Oil Spills If Contractor maintains storage facilities for oil or oil products on site, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. Contractor shall notify Contracting Officer and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of Sale Area that are caused by Contractor’s employees agents, contractors, Subcontractors, or their employees or agents directly or indirectly, as a result of Contractor’s Operations. Contractor will take whatever initial action may be safely accomplished to contain all spills.

Hazardous Substances Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of Sale Area that are caused by Contractor’s employees, agents, Subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s Operations, in accordance with 40 CFR 302.

Site Cleanup Contractor shall collect and properly dispose of all waste generated by the Contractor’s operations including lunch bags, bottles and cans, paper, fuel, equipment waste, etc.

All waste shall be removed from National Forest System lands.

Fire Prevention

During fire season, contractor shall comply with the following fire regulations: 1) A shovel, axe or Pulaski, 10-quart pail which is full of water for immediate use, and fire extinguisher is required; 2) All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition; 3) Contractor shall, both independently and in cooperation w/ the Forest Service, take all reasonable and practicable action to prevent and/or initially suppress fires resulting from Contractor’s operations and/or to suppress any forest fire in the work area; 4) Forest Service may require the necessary shutting down of equipment under emergency fire conditions.

Evaluation of Quotations and Basis of Award The Government may issue more than one contract as a result of the Request for Quotation to the responsive and responsible bidders whose quote conforming to the solicitation will be most advantageous to the Government. All mechanical site preparation (Bid Item 1) will be included on one contract, and all slash pile removal (Bid Item 2) will be included on one contract. These separate bid items may be covered in separate contracts, or in a single contract. Award will be made on a best value basis considering past performance, experience, capability, capacity, price and overall cost to the Government. Only one award will be made for each bid item. Any contract(s) will be for one year.

Bid item 1: Mechanical site preparation for natural and artificial tree regeneration East side of the Hiawatha National Forest

Site preparation is to be done utilizing skidder (or other suitable machinery), roller chopper, and anchor chain (or other suitable equipment). Site preparation is intended to provide ground scarification to prepare the seed bed; help distribute the natural seed source in on-site slash; reduce competing vegetation; break up slash concentrations and reduce potential fire hazards.

Location and Description All sites are located on the east side of the Hiawatha National Forest in Chippewa County, Michigan. A list of sites and maps is included in this request for quotations. Sites will be worked on in the order specified by the COR. Sites will be grouped as much as possible to maximize efficiency.

All sites are jack pine clearcuts. Harvest in the Dolly Timber Sale was completed as of October 2008. Units in the Dog Hitch Timber Sale will be cut in the spring/summer of

2010. Slash will be generally moderate to heavy. Terrain is generally flat to gently rolling. All sites have snags and marked live reserve trees within the areas to be treated.

Marked reserve trees must be protected and some snags must be left standing. Access is good.

Heavy snags and slash in jack pine clearcut.

Bidders are urged to inspect the work areas prior to submission of a proposal. It is impossible to fully describe the areas, work problems, and other conditions that may be factors in submitting a bid. Only by physical inspection can the prospective bidder be assured of the existing conditions.

Site Access Open roads are to be kept open and free of any debris that may occur as a result of the work. Damage to roads that may occur during loading/unloading of equipment or crossing to gain access to another area will be returned to the original condition or better.

There are known rare plant locations on Forest Service road (FSR) 3364 and FSR 3040 (See the Dog Hitch Timber Sale Area Map). These areas must be avoided by all equipment, and will be flagged.

Specifications Prescriptions call for use of roller chopper and chains. Other types of contractor-owned equipment will be considered if goals described here can be met successfully.

• Slash will be spread evenly over the area with a brush rake or skidder blade.

• The roller-chopper and drag chains will pass over all slash twice. The goal is to break up the slash and scarify the soil to expose at least 60% bare mineral soil.

If at least 60% bare mineral soil is not exposed after two passes, a third pass will be made if the COR determines that a third pass is likely to increase the percent of bare mineral soil exposed.

• The second pass of the roller chopper should be at right angles to the first pass.

All piles of top soil will be spread out.

• All equipment will stay out of areas marked as reserves areas (RA) on maps.

• Retain 5-10 larger (greater than 7 inches in diameter) snags per acre. If there are not enough large snags to meet this requirement, smaller snags should be retained. (Fewer large snags are better than more small snags.) .

• Some units will have live, large reserve trees marked with orange paint. These will be left standing and the operator will take care not to scuff the bark on these trees. The operator should NOT avoid chopping slash in areas that have reserve trees.

• Stems of unmarked oak, white pine and red pine should be retained as much as possible. Other species may be knocked over with the equipment.

• Delays may occur if conditions are very dry and fire hazard is too high for safe operations, or if heavy rains saturate the soil beyond its ability to hold up under machine traffic. The COR will make these determinations.

Red pine reserve trees in prepped clearcut.

Equipment Bid Item 1 of this Request for Quotations offers the option of using contractor-owned equipment or a combination of government-owned and contractor-owned. (i.e., Contractor-owned roller chopper and Government-owned anchor chains).

If Government and Contractor agree that Government-furnished equipment will be used in Bid Item 1:

The Government will provide one or more of the following items to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of the “Government Property” FAR clause contained elsewhere in this contract.

The Contractor shall perform routine maintenance, as described below.

Single Drum Roller Chopper: The roller chopper will be operated partially-filled or full of water, depending on the site (to be determined by COR). The roller chopper generally requires weekly grease/lube maintenance.

Anchor Chains: Visual inspection of anchor chains shall be performed daily, to make sure teeth are not broken.

Hitches for roller chopper and anchor chains: Visual inspection for unusual wear.

All equipment: Regular maintenance of all equipment will be the responsibility of the contractor. This includes grease/lube/fluid levels/etc. Lubrication charts shall be provided to the Contractor at the start of work. All equipment will start fully greased/lubed. Thereafter, the Contractor will be responsible for furnishing grease, oil, and other regular maintenance supplies.

Major repairs to Government-furnished equipment due to ordinary wear and tear shall be paid for by the Government. Damage that is the result of negligence or imprudent operation by the Contractor shall be paid for by the Contractor.

Contractor is responsible for picking up any Government-furnished equipment at the Raco work center, moving equipment to all subsequent sites, and returning all equipment to the Raco work center at the conclusion of this contract. Roller chopper and chains will require a trailer for transport.

Contractor’s equipment:

Before equipment enters Dolly Timber Sale Area the equipment must be approved by the COR as free of dirt and vegetation.

The Government recommends a minimum of 180 flywheel horsepower rating to pull a water-filled single drum roller chopper. Equipment must be sufficient to perform adequate scarification requirements, as described under “Specifications” for this bid item. Skidder/tractor must be equipped with a canopy, fire extinguisher, and spark arrester. Skidder/tractor shall also possess a front-mounted brush rake.

All equipment shall be the proper type and size to perform the tasks indicated, and shall be in good mechanical condition. Necessary maintenance and repairs shall be made with the least possible delay to the work program and will be at the contractor’s expense. Skidders must be kept free of brush and oil spills to minimize fire danger.

Inspection and Acceptance The Contractor is responsible for quality control on the work performed. The Contractor shall give the COR weekly notification of progress. Inspection may be made by the COR at any time. The contractor will take prompt corrective action for any deficiencies or deviations that occur. Work to correct unacceptable areas will be done at the Contractor’s expense.

• Reserve Trees: The inspector will walk through each unit and keep count of damaged trees that were marked with orange paint as reserve trees. No more than 5 damaged marked reserve trees per stand are allowed. Damage is all bark missing for a 2- inch by 2-inch or greater area. For every damaged marked reserve tree greater than 2, payment will be reduced by1%. There will be no reduction in payment for damage to unmarked reserve trees of any species.

• Snags: The inspector will walk through the unit and keep count of snags. There should be an average of at least 2 per acre, spread out across the stand, though some may be clumped together. For every tree less than 2 per acre 0.5% will be deducted from payment. For example: The unit is 30 acres so there should be a minimum of 60 snags. The inspector thinks there are not enough snags left and counts them. The resulting count is 57 snags, payment = 98.5%.

• Scarification: The inspector will determine by looking at a site whether two passes were made and a rough estimate of the percent scarification. If the contractor disputes this ocular estimate, the following re-inspection method shall be used:

1) Establish one north-south transect for every 10 acres, with at least one transect per unit.

2) Establish 10 points along each transect, at approximately equal distances from each other.

3) Using a one-half-meter square frame with 10-cm segments, count each smaller square that is exposed soil.

If the scarification percent is less than 50%, the contractor will pay the government’s costs incurred during re-inspection.

• Windrows: If windrows are found, the contractor will be required to go back and spread them out before the unit will be accepted.

Measurement and payment

A. METHOD OF MEASUREMENT

1. Area measurements required under this contract will be measured on the horizontal plane.

2. Re-measurement of acres or survey results.

(a). Re-measurement of the acreage or survey results under this contract will be made upon the written request of the Contractor.

Request for re-measurement must be made in writing within 5 days after work has been completed on the unit.

(b). If re-measurement indicates a difference of not more than 5 percent from the original measurement, the Contractor shall bear the actual costs of the re-measurement. Payments will be based on the second measurement. No adjustment will be made for a difference of one acre or less.

B. METHOD OF PAYMENT

Upon satisfactory completion of work, the Contractor will submit an invoice.

Additional Information For information on past Forest Service experience with this equipment and this type of work, contact Marjorie Allmaras at 906-643-7900, ext. 125.

Bid Item 1: Areas available for contract site preparation in 2010

*Total acreage treated through contract will depend upon accepted bid prices. The Government reserves the right to substitute and change sites within a reasonable area with similar conditions, as desired.

Bid Item 2: Slash pile removal

Timber Sale

P a y m e n t U n it

A c re s

P la n n e d

Treatment description (minimum)

Expected type of equipment

Access

Dog Hitch 1 61 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 2 94 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 3 44 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 4 53 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 5 41 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 6 58 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 7 23 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dog Hitch 8 11 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dolly 1 32 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dolly 2 92 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dolly 3 44 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

Dolly 4 16 double-chop & chain

Skidder, rollerchopper, anchor chains

Good

TOTAL

PLANNED

ACRES

569*

West side of the Hiawatha National Forest

Slash pile treatment is to be done utilizing suitable machinery. Treatment is intended to clear the areas now occupied by the slash piles so these areas can be reforested.

1 Slash pile shown is smaller than those included in this contract.

2 Slash pile shown is smaller than those in this contract.

Location and Description The piles to be treated are located on the west side of the Hiawatha National forest, in payment units 1, 2 and 3 of the Diamond 8 Salvage Timber Sale, Alger County, T46N, R19W Section 35. All piles are located within 600 feet of Forest Roads 2149H and 2264H or their spurs, some of them directly adjacent to existing roads.

The largest pile is approximately 250' long x 120' wide x 10' high and the smallest is approximately 80' x 40 ' x 6' high. The site map shows the actual footprint (area) that the piles occupy in 2D relative to the map scale. Regeneration in adjacent stands is not to be damaged or destroyed.

Work includes treatment of 173 acres worth of biomass consisting of top-wood and other logging slash that has been gathered, forwarded and piled into approximately 22 piles in locations shown on the project map. The biomass primarily comes from jack pine tops plus other slash from logging in 2008 and 2009 of clear-cut areas. Other slash includes but is not limited to maple, balsam fir, cherry and beech. There is some dirt mixed in the piles as a result of the slash gathering/forwarding process.

Bidders are urged to inspect the work areas prior to submission of a proposal. It is impossible to fully describe the areas, work problems, and other conditions that may be factors in submitting a bid. Only by physical inspection can the prospective bidder be assured of the existing conditions

Site Access Open roads are to be kept open and free of any debris that may occur as a result of the work.

Damage to roads that may occur during loading/unloading of equipment or crossing to gain access to another area will be returned to original condition.

Forest Road 2264H is currently closed and FR2149H is scheduled to be closed in 2010. Part of the required work is to re-open and reclose both roads in locations shown on the project map, unless otherwise agreed in writing. All roads shall be maintained in such a manner that they are in condition comparable to or better than their condition when work began.

Specifications

• Regeneration in adjacent stands is not to be damaged or destroyed.

• Work includes the complete removal from National Forest System lands of 173 acres worth of biomass consisting of top-wood and other logging slash that has been gathered, forwarded and piled into approximately 22 piles in locations shown in the project map.

• Piles are to be removed and not burned.

• Additional slash that is not piled may be taken at no cost subject to road maintenance deposits.

• Road maintenance deposits for Forest Road 2264 shall be made for haul of biomass at the rate of $.022 per 100 cubic foot of biomass per mile.

Equipment Bid Item 2 of this Request for Quotations requires the use of Contractor-owned equipment only.

Inspection and Acceptance The Contractor is responsible for quality control on the work performed. The Contractor shall give the COR weekly notification of progress. Inspection may be made by the COR at any time. The contractor will take prompt corrective action for any deficiencies or deviations that occur. Work to correct unacceptable areas will be done at the Contractor’s expense.

Measurement and payment

A. METHOD OF MEASUREMENT

Slash piles included in the contract must be fully removed from National Forest system lands.

B. METHOD OF PAYMENT

Upon satisfactory completion of work, the Contractor will submit an invoice.

Additional Information For information on past Forest Service experience with this type of work, contact Lauri LaBumbard at 906-387-2515 ext. 23.

Bid Item 2: Areas available for slash pile treatment in 2010

Timber Sale Payment Unit

Approx.

Acres

Estimated Number of Piles

Treatment Description

Access

Diamond 8 Salvage

1 74 11 Removal Good

Diamond 8 Salvage

2 65 8 Removal Good

Diamond 8 Salvage

3 34 3 Removal Good

Estimated Totals

173 22*

*Total work awarded through contract will depend upon accepted bid prices. The Government reserves the right to substitute and change sites within a reasonable area with similar conditions, as desired.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989)

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is 210 calendar days.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (June 2003) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT

2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705- 5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961- 5757.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.

5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 12 months. This notice shall state either--

(1) That the Contractor shall correct or re-perform any defective or nonconforming services; or

(2) That the Government does not require correction or re-performance.

(c) If the Contractor is required to correct or re-perform, it shall be at no cost to the Government, and any services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or re-performance, the Contracting Officer shall make an equitable adjustment in the contract price.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Attachment A Statement of Acknowledgment Attachment B Wage Determination Attachment C Past Experience Information

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY

2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All --NAICS Code 115310 --Size Standard $17.5 Million

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $17.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate.

(Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate.