Complete Solicitation.docx

AG-82B1-S-10-0040

OMB Approved No. 9000-0006

UNDER DPAS (15 CFR 350)

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

US Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Couer d’Alene, ID 83815 US Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Couer d’Alene, ID 83815

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

SOLICITATION

(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.

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

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.

(See Section I, Clause No. 52-232-8)

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

FACILITY

AND

OFFER (Type or Print)

ADDRESS

OF

OFFEROR

code)

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

TAS::12 1102::TAS

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

10 U.S.C. 2304 (c) (

41 U.S.C. 142(c) (

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

PREVIOUS EDITION NOT USABLE

Prescribed by GSA

FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

Cabinet Ranger District Kootenai National Forest Sanders County

B.1 SCHEDULE OF ITEMS :

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B.1 and B.1.1, Mandatory & Optional Items and B.2, Timber Removal Price Schedule.

FACSIMILE (FAX) Offers will not be accepted.

SUMMARY SCHEDULE OF ITEMS – Complete item pricing on following Schedule B pages.

ITEM NO.

MANDATORY WORK ACTIVITY DESCRIPTION

Fuel Reduction (Appendix A)

Road Construction/Reconstruction (Appendix D)

Road Stabilization (Appendix A)

OPTIONAL WORK ACTIVITY DESCRIPTION

Fuel Reduction (Appendix A)

Mandatory Removal of Non-sawtimber (K-C.2#)

OPTIONAL WORK ACTIVITY DESCRIPTION

SECTION B - SERVICES AND PRICES

B.1 MANDATORY SCHEDULE OF ITEMS Nos. 1-8

MANDATORY

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Mandatory Removal of Non-sawtimber (K-C.2#)

Sub-Items

Total →$

MANDATORY

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

TOTAL

Slashing (*) indicates portion of total unit acres)

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

TOTAL

Excavator Piling (*)indicates portion of total unit acres)

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Construction

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY.

UNIT

PRICE

TOTAL

Sub-Items

ROAD CONSTRUCTION/RECONSTRUCTION

MANDATORY – ROAD CONSTRUCTION

ITEM

NO.

DESCRIPTION

Road Construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 2400 Sub-Items

15101

Mobilization

CQ

Lump Sum

All

15250

Construction Staking, Culverts

AQ

Each

15253 Construction Staking Roadway, One Side Only, Method I, Precision E, Clearing and Grubbing Limits (Both Sides)

CQ

Mile

2.43

20103 Clearing and Grubbing, Disposal of Tops and Limbs E, Logs E, Stumps E, CQ

Mile

2.43

20401 Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

20419 Drainage Excavation, Type Surface Water Deflector

AQ

Linear Foot

20420

Drainage Excavation, Type Dip

AQ

Each

20480

“J” Hole Excavation

AQ

Each

60270 24” CMP Incl Exc., 0.064” Thickness, Steel, Compaction Method B

AQ

Linear Foot

62550

Seeding, and Fertilizing, Dry Method

CQ

Acre

4.40

* Designated Method of Measurement:

CQ – Contract Quantity; AQ – Actual Quantity

MANDATORY – ROAD CONSTRUCTION cont.

ITEM

NO.

6 cont

DESCRIPTION

Road Construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 2400B Sub-Items

CQ

Lump Sum

All

AQ

Each

Construction Staking Roadway, One Side Only, Method I, Precision E, Clearing and Grubbing Limits (Both Sides)

CQ

Mile

1.61

20151 Clearing and Grubbing, Disposal of Tops and Limbs E, Logs E, Stumps E, CQ

Mile

1.61

Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

Drainage Excavation, Type Surface Water Deflector

AQ

Linear Foot

AQ

Each

AQ

Each

24” CMP Incl Exc., 0.064” Thickness, Steel, Compaction Method B

AQ

CQ

Acre

2.80

CQ – Contract Quantity; AQ – Actual Quantity

MANDATORY – ROAD RE-CONSTRUCTION

ITEM

NO.

DESCRIPTION

Road Re-construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 152 – Beaver Creek Sub-Items

CQ

Lump Sum

All

20305

Removal of Cattle Guard and Fence Posts

CQ

Lump Sum

All

30354

Road Reconditioning, Compaction Method D

AQ

Mile

1.16

Road 301 – Little Beaver Creek Sub-Items

CQ

Lump Sum

All

15707

Straw bales

AQ

Each

Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

AQ

Each

23050

Roadside Brushing

AQ

Mile

3.89

30354

Road Reconditioning, Compaction Method D

AQ

Mile

3.89

CQ

Acre

0.04

MANDATORY – ROAD RECONSTRUCTION cont.

7cont

DESCRIPTION

Road Re-construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 2720 Anderson Gulch Sub-Items

CQ

Lump Sum

All

20103 Clearing and Grubbing, Disposal of Tops and Limbs K, Logs K, Stumps K, CQ

1.26

20402 Roadway Excavation, Compaction Method E, Finishing Method D

AQ

2.35

Drainage Excavation, Type Surface Water Deflector

AQ

Linear Foot

AQ

Each

20453

Excavation – Turnouts

CQ

Lump Sum

23050

Roadside Brushing

AQ

Mile

1.09

CQ

Acre

0.30

CQ – Contract Quantity; AQ – Actual Quantity

MANDATORY – ROAD STABILIZATION

ITEM

NO.

QTY

UNIT

PRICE

TOTAL

Sub-Item

Scarification of road surface/debris placement/waterbar construction, seed and fertilizer

Total→$

B.1.2 OPTIONAL SCHEDULE OF ITEMS Nos. 9-13

OPTIONAL

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Item

Unit 1

.13

.13

DESCRIPTION

Road Construction

METHOD

OF

MEAS.

PAY

UNIT

EST

QTY

UNIT

PRICE

TOTAL

Road 2402 Optional Sub-Items

CQ

Lump Sum

All

AQ

Each

Construction Staking Roadway, One Side Only, Method I, Precision E, Clearing and Grubbing Limits (Both Sides)

CQ

1.52

20151 Clearing and Grubbing, Disposal of Tops and Limbs E, Logs E, Stumps E, CQ

Mile

1.52

Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

Drainage Excavation, Type Surface Water Deflector

AQ

AQ

Each

AQ

Each

24” CMP Incl Exc., 0.064” Thickness, Steel, Compaction Method B

AQ

Linear Foot

CQ

Acre

2.70

CQ – Contract Quantity; AQ – Actual Quantity

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

B.2 TIMBER REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER

Douglas-fir and Other

Sawtimber

20636

TON

$ 2.71

All Species

Non-sawtimber

25205

TON

$ .38

$ .38

$ 9,577.90

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER

Lodgepole pine and Other

Sawtimber

TON

$ 4.63

All Species

Non-sawtimber

12484

TON

$ .38

$ .38

$ 4,743.92

See Timber Removal Project Terms and Specifications in Appendix B.

NOTE: THESE SCHEDULES ARE FOR PRICING/PAYMENT PURPOSES. SEE SECTION L FOR BUSINESS PROPOSAL REQUIREMENTS.

See Timber Removal Project Terms and Specifications in Appendix B.

REQUIRED DEPOSITS:

Appendix B – Stewardship Contact Timber Specifications – Contract Provisions

K-F.1.1.3# - Use Agreement Between Forest Service and Owner

Contractor shall pay the required deferred road maintenance fee ($ .05/Ton – sawtimber and non-sawtimber) for use of roads specified under Temporary Road Use Permit.

K-F.3.2# - Road Maintenance Deposit Schedule

Contractor shall make required deposits for current and/or deferred road maintenance.

Mandatory Timber Removal = $ .32/Ton Optional Timber Removal = $ .18/Ton

Refer to the above contract provisions for additional information.

B.3 LAND MANAGEMENT ACTIVITIES.

Note - The solicitation is issued under the provision of the American Recovery and Reinvestment Act of 2009 (ARRA).

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.

Construction component estimated price range inclusive of Construction Optional Items: $100,000 - $250,000 No bid bond will be required for this solicitation but both Performance and Payment bonds per I.5 5228-15 will be required to be submitted within 10 days of award.

Optional Work Activities as shown in the schedule of Items shall be awarded and performed only if authorized in writing by Contracting Officer. Such authorization may be for all or a portion of the quantity shown. Optional stewardship projects may be selected and authorized in any order by the Contracting Officer before September 30, 2010. Performance time for the Mandatory and any Optional Items awarded, is fixed to end October 1, 2013.

52.217-5 Evaluation of Options. (this provision is referenced in Section L) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The above clause means that the Government’s evaluation of price for this solicitation includes the grand total of the all the Mandatory and all the Optional Items. To be considered responsive to this solicitation all items, both Mandatory and Optional must be priced.

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

(a) Description of Work – The Little Beaver Hazardous Fuels Reduction Project is located on the Cabinet Ranger District of the Kootenai National Forest encompassing the area indicated on the Project Area Map within Little Beaver Creek drainage. Hazardous fuels objectives for the project area are summarized as follows:

· Reduce dead and downed fuel accumulations, ladder fuels and tree canopy density

To accomplish these objectives, the contract includes the following components:

· Stand cleaning/thinning

· Mechanical fuels reduction

· Fire line construction: Mechanical and hand

· Snag and down wood management: Retaining 7 to 13 tons per acre if available

· Piling of fuels: Mechanical and hand

· Timber removal: saw and non-saw material

· Road work: construction, reconstruction, and temporary

(b) Resulting Contract – Any resultant contract will be a Construction contract with provisions for timber removal.

(c) Location:

The project area is located approximately 10 miles southeast of Trout Creek in Sanders County, Montana (Portions of Sections 6, 7, 17, 18, 20, T22N, R30W; Portions of Section 13, T23N, R31W; PMM).

(d) Accessibility:

North Units: Turn west off of Hwy 200 MP 40 onto Big Beaver FS road #152. Travel 5.5 miles and turn left onto FS road #301. Continue for 3.9 miles and turn left onto FS road #2720. There is a gate approximately 100 feet from the junction. It is 1.2 miles to the first unit and 2.4 to the last.

South Units: Turn west off of Hwy 200 at MP 44, onto Little Beaver Creek FS road #1741. Travel approximately 1.9 miles and turn left on FS road #300. There is a gate approximately 550 feet from the junction. It is one mile to the first Take Off Point, (TOP #1), which is at the second switchback. By foot, the Contract Area is a quarter mile walk to the west. You can continue on 300 for another mile to TOP #2. From this point the Contract Area is one third of a mile to the northwest on foot.

Access Restrictions: (Refer to the Project Area / Accessibility Map)

Between October 25th and November 8th, there will be NO vehicle access behind the gates on FS roads 2720 and 301. From November 9th through November 29th vehicle access will not be permitted on weekends. Access on gated roads requires a permit which can be obtained at the Cabinet District.

The 2720 road that accesses the northern portion of the project area has a yearlong travel restriction. This road has a locked gate and requires an access permit, obtainable at the district office, prior to entry. A walk-in from the 2720 road is required to view treatment units 20, 20A, 20B, 21, 22 and 23 during vehicle restriction times.

The 2720 road is a narrow road with some steep pitches, once snow/ice covered, access will be limited to ATV or walk-in only.

The southern portion of the project area is accessed from FS Road 301 as shown on the Project Area / Accessibility Map. A walk-in is required from the take off points to view treatment units and required system road construction. DNRC roads shown on the map are currently under construction and will be gated once construction is complete, public access will be prohibited.

After October 15, 2009, FS Road 301 will be gated and locked at the junction of FS Road 1741.

The southern area has a large amount of dead and down Lodgepole pine that will impede foot access.

C.3 SPECIFICATIONS

Specifications for the Stewardship Activities, as identified in Section B.1 and B1.1, can be found in Appendix A. Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B, and associated road plans and specifications in Appendix D.

SECTION E - INSPECTION AND ACCEPTANCE

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):

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.

E.4 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

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 a this/these address(es):

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 October 1, 2013. The time stated for completion shall include final cleanup of the premises.

Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and as approved by the Contracting Officer.

It is estimated that work will begin Spring, 2010. 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.

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 _October 1, 2013_ after date of contract award. Contract period of performance is inclusive of any awarded Optional work.

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.

F.5 SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed or award of Optional work for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

All schedules and reports shall be submitted to: COR.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely 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 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 removed will be documented in an Integrated Resource Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2 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 value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.3 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits 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 and Appendix B Timber Removal Specification.

G.4 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

LITTLE BEAVER HFRA STEWARDSHIP PROJECT

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

(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.5 TIMBER PAYMENT GUARANTEE

(1) General—(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

(c) 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.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

(3) Blanket Surety Bond—(a) Contractor may furnish an acceptable bond, or deposit securities, to guarantee payment for timber from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Guarantee.

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

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing FS Form 6500-12a.

(3) Letters of Credit for Payment Guarantee—Contractor may use letters of credit in lieu of a surety bond for payment guarantee purposes when approved by Contracting Officer.

G.6 EXCESS STEWARDSHIP CREDITS

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

G.7 EXCESS TIMBER VALUE

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

G.8 REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber 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, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

G.9 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.

G.10 CONTRACTING OFFICERS REPRESENTATIVE (COR).

The Contracting Officer will designate a representative hereinafter referred to as the Contracting Officer's Representative or COR who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to carefully read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

G.11 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award or pre-work conference with the successful offeror is required. It will be scheduled within reasonable time after award and prior to the issuing of a Notice to Proceed.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) - The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) - Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

H.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within a reasonable time after contract award and prior to issuing a Notice to Proceed. The conference will be held at the Cabinet Ranger Station, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.3 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 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 (i) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.4 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.5 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

· Overall Project Manager

· Logging Operations Supervisor

· Fuels Treatment Supervisor

· Road Construction Supervisor

(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.6 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

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

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

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

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

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

H.7 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

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

(b) Definitions.

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

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

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

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

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

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing 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

(4) Housing

(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.8 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999)

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.

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.9 PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES, AND CAVE RESOURCES

Locations of known areas needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground. Special protection measures needed to protect such known areas are identified.

In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor’s operations. Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of required cross ditching.

Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites. Such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

H.10 EROSION PREVENTION AND CONTROL

Contractor’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service. Any money deposited or used for this purpose shall be treated as cooperative deposits.

H.11 PROTECTION OF LAND SURVEY MONUMENTS

Forest Service shall appropriately designate on the ground all known survey monuments including but not limited to horizontal control stations (Triangulation Stations), vertical control stations (Bench Marks), property corner monuments, and all Public Land Survey System monuments. This shall include reference monuments, corner accessories such as bearing trees, line trees and line posts. Identifying signs shall be posted by Forest Service on two sides of each known bearing tree, and each line post shall be posted with a metal sign or decal. Line trees may be cut if designated by the Government.

In authorized clearings such as Clearcutting Units and road construction clearings, and in other instances where damage to survey monuments, corners, corner accessories and survey of property line markers is unavoidable, Forest Service shall arrange protective or perpetuative action which does not cause unnecessary delay to Contractor.

Contractor shall protect all known survey monuments, witness corners, reference monuments, bearing trees and line markers against avoidable destruction, obliteration or damage during Contractor's operations. Additional monuments or objects discovered on the area shall be promptly reported to the other party and shall also be protected.