SolicitationHighTeeStewardship.pdf

AG-63A9-S-13-0018, High Tee Stewardship Page 1 of 62

Integrated Resource Service Contract (IRSC)—Construction – FAC 66 SOLICITATION OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 350) 1 62

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

AG-63A9-S-13-0018 [ ] SEALED BID (IFB) 07/09/2013

[X ] NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA Forest Service Minnesota Shared Contracting Unit 8901 Grand Avenue Place Duluth MN 55808- 1122 voice: 218-626-4360 fax: 218-626-4397

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 8901 Grand Avenue Place, Duluth MN until 2:00 pm local time 08/07/2013 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Paul Nephew (Contracting Officer) Mark Akeson (Technical Info)

Paul Nephew Mark Akeson EXT. pnephew@fs.fed.us makeson@fs.fed.us 218-626-4360 218-365-7623

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 34

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK/STATEMENT 6 X J LIST OF ATTACHMENTS 44

X D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 X K

REPRESENTATIVES, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS 45 X F DELIVERIES OR PERFORMANCE 10

X G CONTRACT ADMINISTRATION DATA 12 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 51

X H SPECIAL CONTRACT REQUIREMENTS 15 X M EVALUATION FACTORS FOR AWARD 57

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME AND

ADDRESS

OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

DUNS:

15B. TELEPHONE NO. 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ) ) 41U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE Albuquerque Service Center – Miscellaneous Payments

101B Sun Ave NE Albuquerque, NM 87109

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c) mailto:pnephew@fs.fed.us

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PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

SCHEDULE OF ITEMS

B.1 SCHEDULE OF SERVICE ITEMS:

Contractor Name

ITEM

NO.

DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

SERVICE WORK

Site Preparation:

a) summer season scarification ~ depth 3-4”, ≥60% of site (Range 0-350 acres) Acre 50

1 b) winter shearing ~ windrow with straight blade, ≥60% of site (Range 0-700 acres) Acre 100 $_______ $_______

Seeding:

4oz. per acre, concurrent with harvest (Range 0-950 acres)

Acre 100

Timber Stand Improvement:

a) area release ~ obtain stand of desired specie by removing all undesirables (Range 0-950 acres)

b) area release ~ create understory planting sites, girdle ≥6” balsam and maple, cut balsam, aspen, maple <6” (Range 0-210 acres)

Acre

c) balsam, maple & brush removal in non-harvest units ~ cut, crush, run over ≥90% (Range 0-300 acres)

d) balsam, maple & brush removal in harvest units ~ cut, crush, run over ≥90% (Range 0- 950 acres)

Direct Planting:

a) Harvested areas ~ 400 trees per acre of white spruce (Range 0-12 acres)

b) Harvested areas, diversity ~ 200 trees per acre of red pine, white pine and white spruce mixed (Range 0-40 acres)

c) Non-harvested areas ~ underplant 100 trees per acre of white pine and white spruce mix (Range 0-210 acres)

Acre 50 $_______ $_______

ROAD WORK - CONSTRUCTION

General Temporary Road Construction and closure (Range 0-10 miles)

Mile 3 $_______ $_______

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DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

6 General Composite High Clearance Road Maintenance. (Range 5-20 miles) Mile 6.7 $_______

During-Haul Road Maintenance – Aggregate Surfaced Road Blading/Grading (Range 1.2-10 miles)

Mile 1.2 $_______ $_______

8 Roadside Clearing and Brushing – disposal of tops and limbs by scattering (Range 5-20 miles) Mile 5.0 $_______ $_______

9 Removal of CMP Culvert (Range 1-5 each) Each 1 $_______ $_______

10 Removal of Road Barrier-boulders or earthen berm (Range 1-5 each) Each 1 $_______ $_______

Removal of Temporary Bridge Structure incl.

Abutments and delivery to Kawishiwi Ranger District office storage yard (Range 1-3 each)

Each 3 $_______ $_______

Road Maintenance Spot Filling – Unclassified Borrow from Government Source (Range 100-500 Cubic Yards)

Cubic Yard 395 $_______ $_______

Road Maintenance Spot Filling-Select Topping from Government Source (Range 1,000-2,000 Cubic Yards)

Cubic Yard 1,475 $_______ $_______

14 Drainage Ditch Excavation (Range 500-2,000 Linear Feet) LF 740 $_______ $_______

15 Road Reconditioning-Aggregate Surface (Range 1.2-5 Miles) Mile 1.2 $_______ $_______

Aggregate Surface Course Placement-4 Inch compacted thickness from Government Source (Range 1,000-2,000 Cubic Yards)

Cubic Yard 1,270 $_______ $_______

Assemble and Install 28 ft. Span by 14 ft. Wide Deck Panel Laminated Timber Bridge (4 Panels)-Government Furnished. Available to be picked up in Ely, MN. (Range 0-1 each)

Each 1 $_______ $_______

Assemble and Install 24 ft. Span by 14 ft. Wide Steel Bridge (2 Sections)-Government Furnished.

Available to be picked up in Ely, MN. (Range 0-1 each)

Each 1 $_______ $_______

Assemble and Install 19.5 ft. Span by 12 ft. Wide Deck Panel Laminated Timber Bridge (2 Panels)-Government Furnished. Available to be picked up in Isabella, MN. (Range 0-1 each)

Each 1 $_______ $_______

Furnish and Install 17 inch by 13 inch Poly Coated, CS Pipe Culvert, 14 gage.

(Range 100-200 Linear Feet)

LF 156 $_______ $_______

Furnish and Install 21 inch by 15 inch Poly Coated, CS Pipe Culvert, 14 gauge.

(Range 30-200 Linear Feet)

LF 30 $_______ $_______

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DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

22 Install Rock Barrier Road Closure Device (Range 1-5 each) Each 1 $_______ $_______

Total All Service Items $

In addition to the price to be paid by the contractor for timber products to be removed, the Contractor shall pay deposits for road maintenance in the amount of $ < > per CCF. Road maintenance costs may be between $0.50 and $50/ton and will be shown on the task orders.

A ton or green ton is defined as 2,000 pounds of undried biomass material.

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

Note: Price Proposals MUST be provided on ALL Items in Schedules B-1, Base and Option Work Activities and B-2, Timber or other products Removal Price Schedule.

Contractor provide:

TIN:______________________________

DUNS:____________________________

Email:_____________________________

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed.

Performance of all work activities shall be based upon issuance of Task Orders by the Contracting Officer in accordance with the Ordering clauses. Quantities are estimated, based upon reasonable projections of requirements. Optional Work Activities on the Schedule will be ordered for all or a portion of the estimated

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - All FUTURE products will be sold at current appraised rates.

SPECIES

PRODUCT

ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

Hardwoods and Softwoods

Sawtimber and Pulpwood (Range 3,300-20,000 CCF; 216-700 acres)

5,000 CCF Current Appraised Rates

Hardwoods and Softwoods Green Biomass (Range 3,800 to 64,000) 10,000 Ton Current Appraised

Rates

AG-63A9-S-13-0018, High Tee Stewardship Page 5 of 62 quantities shown, based upon the value of timber available or additional funding. Optional work activities may be ordered at any time within the contract period.

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PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 PROJECT DESCRIPTION

This solicitation and any resultant contract will be used for stewardship activities on the Superior National Forest within the area shown on the attached contract area map. The resultant contracts will be a Firm Fixed Price, Integrated Resource Service, Indefinite Delivery Indefinite Quantities, Stewardship Contract utilizing the authority granted under Section 347 Omnibus Consolidated Appropriations Act of FY 1999, as Amended by Sec. 323 of P.L. 108-7, 2003. The intent of this contract is to complete crucial restoration work accomplished through commercial product removal and forestry related service work activities while assisting local economies. This is a commercial item acquisition that has been tailored to fit the Government's method of trading goods for services (i.e. Stewardship).

The Contractor shall furnish all labor, materials, equipment, supervision, tools, transportation, operating supplies, and incidentals necessary to perform the work in accordance with the specifications and provisions and clauses of the contract.

Work may include, but is not limited to, meeting requirements of the National Environmental Policy Act (NEPA), road and trail maintenance; work to improve soil productivity, removing vegetation to promote healthy forest stands, reduce fire hazards, restore and maintain wildlife and fish habitat; and control noxious and exotic weeds and reestablish native plant species or achieve other land management objectives. Work to be performed will depend upon product value and available funding.

The Government may issue task orders against the base contract and these activities will either be paid with appropriated funds or the value of the products removed will be traded for the restoration activities. Each task order will be competitively bid using the IDIQ contractors.

This solicitation will be used to generate a list of bidders eligible to compete for Task Order work under the, Indefinite Delivery, Indefinite Quantity, (IDIQ) performance-based, requirements contract spanning ten (10) years from the date of contract award. Pricing of work on a CCF, acre or level-of-effort basis will be used for determining price reasonableness for award purposes. The Government cannot predetermine the precise quantities that will be ordered during the contract period, but the maximum quantity of products to be removed could be about 15,200 CCF and/or 750 acre with multiple service projects.

This project will be advertised as a written request for proposal and will be solicited under FAR Part 15, contracting by negotiations. Section M of the solicitation will list the evaluation criteria (including the evaluation factors and sub-factors, and the importance of each factor) for this procurement. Estimated issue date of the solicitation is on or about July 2, 2013. The actual due date for proposals will be listed in the solicitation.

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There will be a pre-proposal meeting at the Kawishiwi Ranger District, July 16th at 10:00 am.

This proposed procurement is unrestricted pursuant to Stewardship Authority. The NAICS code is 115310. All responsible sources may submit a proposal which will be considered.

C.3 GOVERNMENT-FURNISHED PROPERTY and Services

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-2 contained in Section I of the contract.

Government-furnished property will be listed in the task order.

1. The Government will provide GIS maps of the project area and all base layers.

2. The Government will provide 3 temporary bridges

3. The Government will provide seed and seedlings as specified by the silviculture prescription.

A list of contacts will be made available at time of post-award conference.

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SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

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SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items

E.1 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):

https://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-04 Inspection of Services – Fixed Price (AUG 1996)

52.246-12 Inspection of Construction (AUG 1996)

E.2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.3 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

https://www.acquisition.gov/far/

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SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items

F.1 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 address:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.247-55 F.O.B. Point for Delivery of Government-Furnished Property (JUN 2003)

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified in the task order. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order any services within the scope that are required by the Government. Timber or other product removal activities shall be scheduled and carried out in accordance with the timber or other product removal Specifications in Appendix B and as approved by the Contracting Officer. New task orders for similar work will not be issued until the previous order is complete.

It is estimated that work will begin in August 2013. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Any restrictions on the Scheduling of Work for resource protection, etc. will be addressed in the Technical Specifications of each task order.

F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through 10 years after date of contract award.

F.4 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts” and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

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F.5 SCHEDULES AND REPORTS

Contractor shall provide the following submittals within 10 days after issuance of a Notice to Proceed or Task Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION COPIES REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work 2

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officer’s written approval prior to starting work on the project. Submit on Standard Form 1413.

Traffic Control Plan 2 Soil Erosion and Water Pollution Control Plan 2 Designation of Contractor personnel describing responsibilities and authorities 2

All schedules and reports shall be submitted to the COR.

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SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

It is anticipated that funds will not be exchanged in the performance of this contract because the value of the timber or other products will offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, (Section I).

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.3 PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States. Task orders may use scaled or tree measurement procedures.

This paragraph applies to scaled task orders only - Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Forest Service estimates will be cut or removed in not less than 30 calendar days and not more than 60 calendar days, plus the value of any outstanding charges for product removed.

This paragraph applies to tree measurement task orders only - Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the total value of product that has not been paid for from stewardship units released for cutting.

Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

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Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

G.4 REIMBURSEMENT FOR BOND PREMIUMS

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.5 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2.

Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.6 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2.

G.7 CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

HIGH TEE STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

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(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.8 EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.9 EXCESS TIMBER OR OTHER PRODUCTS VALUE

In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.10 REFUND OF EXCESS CASH

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

G.11 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at a mutually agreed to location and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager Logging Supervisor Road Construction Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance and obliteration.

Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 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.

H.3 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999) (Applicable to labor intensive work activities, only.)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and

AG-63A9-S-13-0018, High Tee Stewardship Page 16 of 62 complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

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

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

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

H.4 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND

SEASONAL AGRICULTURAL WORKERS (DEC 1999) (Applicable to labor intensive work activities, only.)

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

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

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

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

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

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

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii)Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver’s license.

(iii)Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

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(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract.

If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

H.5 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

ACT REGISTRATION (DEC 1999) (Applicable to labor intensive work activities, only.)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

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If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H.6 PERSONAL PROTECTIVE EQUIPMENT

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

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

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

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

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

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

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

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

H.7 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain

AG-63A9-S-13-0018, High Tee Stewardship Page 20 of 62 written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.8 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (Applicable to labor intensive work activities, only.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

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

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

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

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

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

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

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order.

They will be located in a cleared area with the same requirements as in (b).

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

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

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

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H.9 SAFETY

Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees.