AG-82B1-S-10-0125.pdf

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 357975 1 of 58 pages

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

AG-82B1-S-10-0125

DATE

01/22/2010

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION calls) LOCAL TIME, 3:00 p.m., INFORMATION CALL: Stephen M. Patton 907-228-6240 2/22/10

9. ISSUED BY CODE 10. THIS ACQUISITON IS 11. DELIVERY FOR 12. DISCOUNT TERMS

FOB DESTINATION

USDA Forest Serv ice UNRESTRICTED UNLESS BLOCK IS Intermountain EROC SET ASIDE: 100 % FOR MARKED

740 Simms St.

Golden, CO 80401

SMALL BUSINESS X SEE Delivery Requirements

HUBZONE SMALL

BUSINESS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 115310

SIZE STANDARD: $7,000,000 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Same as Block 9

16. ADMINISTERED BY CODE

Same as Block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS::12 1118::TAS RECOVERY North Zone Precommercial Thinning and White

Pine Pruning, Bonners Ferry, Sandpoint and Priest Lake Ranger Districts

IDAHO PANHANDLE NATIONAL FOREST

This solicitation and any resulting contract will utilize funds provided by the American Recovery and Reinvestment Act (ARRA) of 2009. It includes unique clauses and provisions required in implementing the Act including those for significant reporting and transparency required of the successful offeror(s)

TO BE CONSIDERED FOR AWARD, COMPLETE AND

RETURN FORM 1449, THE SCHEDULE OF ITEMS, AND A

TECHNICAL PROPOSAL.

See ADDENDA

(Use Reverse and/or Attach Additional Sheets as Necessary)

Enter prices on Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

AG-82B1-S-10-0125 RECOVERY North Zone Precommercial Thinning and Western White Pine Pruning

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PAGE 3 FOR SCHEDULE OF ITEMS.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.4/2002) BACK

Block 27: The full text of a clause or provision may be accessed electronically at these addresses:

FAR www.arnet.gov/far/

AGAR www.usda.gov/procurement/policy/agar.html

PRECOMMERCIAL THINNNG

ITEM 1--BONNERS FERRY RANGER DISTRICT

ITEM 2--SANDPOINT RANGER DISTRICT

ITEM 3--PRIEST LAKE RANGER DISTRICT

ITEM 4--NORTH ZONE PRUNING:

For the purpose of this contract A=Bonners Ferry RD, B=Sandpoint RD and C=Priest Lake RD

Subitem

Unit Name & Stand Number

Quantity

Unit

Unit Price

Total

1.1

John Crown #5-A460100067

PCT ONLY 30

Acre

1.2

Katka Ridge #25-A460200080

PCT ONLY 11

1.3

Johnny White Pine #7-A460300130

PCT/PRUNE 19

1.4

Katka Ridge #37-A520100033

PCT ONLY 17

1.5

Katka Ridge #38-A520100034

PCT/PRUNE 11

1.6

Katka Ridge #26-A460200054

PCT ONLY 7

2.1

Johnson Assortment #3 –

A210400003 PCT/PRUNE 14

2.2

Johnson Assortment #36 –

A210400036 PCT ONLY 14

2.3

Delyle Ridge #1 – A240300053

PCT/PRUNE 27

2.4

Delyle Ridge #2 – A240300055

PCT/PRUNE 3

2.5

Delyle Ridge #3 – A240300007

PCT/PRUNE 32

2.6

Pole Creek #7 – A210400064

PCT/PRUNE 9

2.7

Pole Creek #10 – A210400066

PCT ONLY 12

2.8

Pole Creek #3 – A210400076

PCT/PRUNE 15

2.9

Twins Twin #18 – A230300058

PCT/PRUNE 14

2.10

Twins Twin #19 – A230300059

PCT/PRUNE 34

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

2.11

Small Prospects #29 – A320100006

PCT ONLY 16

2.12

Small Prospects #30 – A320100036

PCT ONLY 9

2.13

Prospect #1 – A310400051, A310400065 PCT/PRUNE 33

3.1 Bismark #5-A410300070

PCT/PRUNE 10 Acre $ $

3.2 Bismark #6-A410300071

PCT/PRUNE 13 Acre $ $

4B.1

Sugarloaf #10 – A190200063

4B.2

Sugarloaf #9 – A190200059

4B.3

Sugarloaf #21 – A190200075

4B.4

Sugarloaf #19 – A190200056

11 Acre $ $

4B.5 Sugarloaf #16 – A190200054

2 Acre $ $

4B.6 Sugarloaf #3 – A190200039

27 Acre $ $

4C.7

West Moores #2-A510200005

24 Acre $ $

4C.8

West Moores #7-A510100038

11 Acre $ $

4C.9

West Moores #12-A510200050

16 Acre $ $

4C.10

West Moores #13-A510200009

38 Acre $ $

4C.11 West Moores #14-A510200011

13 Acre $ $

4C.12 West Moores #1-A510200030

6 Acre $ $

Total Price:

XXXXX

Any or all of the following additive subitems may be awarded if there are sufficient funds available at the time of contract award

3.3

Galena Basin #10-A140100096

Est. Stems PCT 5000-6000

Prune WP/Acre 100-200

11 Acre

3.4

Galena Basin #11-A140100097

Est. Stems PCT 2000-3000

2 Acre

3.5

Galena Basin #12-A140100098

Est. Stems PCT 3000-4000

9 Acre

3.6

Galena Basin #13-A140100099

Est. Stems PCT 2000-3000

3 Acre

3.7

Galena Basin #14-A140200060

Est. Stems PCT 3000-4000

7 Acre

3.8

Galena Basin #15-A140200061

Est. Stems PCT 2000-3000

14 Acre

3.9

Galena Basin #16/#2-A140200062

Est. Stems PCT 2000-3000

10 Acre

3.10

Galena Basin #5-A140100091

Est. Stems PCT 3000-4000

7 Acre

3.11

Galena Basin #6-A140200092

Est. Stems PCT 6000-7000

2 Acre

3.12

Galena Point #1-A140100121

Est. Stems PCT 2000-3000

24 Acre

3.13

Galena Point #12-A140100034

Est. Stems PCT 5000-6000

29 Acre

3.14

Galena Point #14-A140100125

Est. Stems PCT 1000-2000

19 Acre

3.15

Galena Point #15-A140100126

Est. Stems PCT 1000-2000

24 Acre

3.16

Galena Point #12-A140100043

Est. Stems PCT 3000-4000

23 Acre

3.17

Galena Point #3-A140200087

Est. Stems PCT 6000-7000

29 Acre

3.18

Galena Point #4-A140100128

Est. Stems PCT 6000-7000

5 Acre

3.19

Galena Point #6-A140100114

Est. Stems PCT 2000-3000

20 Acre

3.20

Galena Point #7-A140100124

Est. Stems PCT 2000-3000

27 Acre

3.21

Galena Point #9-A140100032

Est. Stems PCT 2000-3000

44 Acre

All additive units will be thinned on a 12x12. The stems per acre are estimates only.

NOTES TO QUOTERS:

The Government anticipates one award for all items.

Technical Proposals are required for the evaluation of quotes. You may use the experience questionnaire provided, however, all evaluation criteria must be addressed. Attach additional sheets as necessary. See FAR 52.212-2, Evaluation – Commercial Items, for evaluation and award information.

Stand descriptions in the Silvicultural Summary Prescription are estimates only and do not relieve the Contractor from the responsibility of inspecting the sites and assessing the costs and risks associated with performance of the work.

Please provide the following:

DUNS Number: ______________________________________________________________

Taxpayer Identification Number (TIN): _________________________________________

MSPA Registration Number: __________________________________________________

A. SCOPE OF CONTRACT

The objective of this treatment is to promote health and vigor while reducing potential threat from insects and disease by reducing stem densities and removing undesirable species while retaining the trees of the best quality. The desired stand is a shift from shade tolerant species; western hemlock, and grand fir. While converting the stand to a more seral component of western larch, ponderosa pine, Douglas fir, western red cedar, lodgepole pine, engleman spruce and white pine which are more resistant to insects and disease.

The work required by this contract consists of tree thinning, white pine pruning, slash treatment, and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property.

B. LOCATION AND DESCRIPTION

The work is located on the Bonners Ferry, Sandpoint and Priest Lake Ranger Districts of the Idaho Panhandle

National Forest. The work site, access to the area, size of unit, and other information pertinent to the project units are listed in the Detailed Unit Information Chart, Silvicultural Summary Prescription and on the project maps.

(a) Boundaries. Unit boundaries are obvious on-the-ground features or will be flagged where the boundaries aren‘t clearly defined.

C. PROJECT ACCESS

(a) Roads. The project areas may be reached by forest roads that are accessible by standard two wheel drive pickup truck equipped for mountain driving during the normal operating season. However, not every road shown on the maps can necessarily be used for vehicle access. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. No additional payment will be made for walk-in‘s.

(b) Gates. Some of the subitems are behind locked gates, which require written authorization and keys/combinations for access. Contractors will be allowed access behind the gates to conduct site visits and to perform the work. Offerors are advised to make arrangements at least 48 hours in advance to access units behind the gates. For more information and to and obtain authorization, contact appropriate ranger districts/item numbers.

(c) Motorized Equipment. Use of motorized equipment, other than hand held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

D. DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

(a) Acceptable (Stocking) Density. The number of trees specified in the Silviculture Unit

Specifications. All crop trees are included. Tree larger than maximum diameter to be cut are included if stated in Silvicultural Unit Specifications.

(b) Crop Trees. Trees that are specified in the Silvicultural Summary Prescription that are of preferred species, free of insect or disease infection, or if it is present does not threaten the tree survival or growth. Crop trees have desirable leave tree characteristics except if otherwise noted in Silvicultural

Summary Prescription.

(c) Competitive Area. The competitive area is the immediate environment of the subject tree, which includes, those trees which are competing for sunlight with the subject tree?

(d) Hangup Tree. Any cut tree suspended more than 3 feet off the ground.

(e) Excess Trees. Uncut trees that do not meet crop tree specifications and should have been cut to meet the desired stocking density. Trees not severed from the stump, hangup trees, and trees not girdled or not girdled properly are also considered excess trees.

(f) Diameter breast height D.B.H. Diameter breast height is the diameter of the tree trunk measured at a point 4 ½ feet above the ground level on the uphill side of the tree.

(g) Girdling. The removal of the bark and cambium the full circumference of the tree to a minimum specified width, made for the purpose of killing the tree.

(h) Small Trees Missed. Those trees exceeding the minimum tree height to be cut, but so small and in a crown class such that they are not considered to be providing significant competition to the crop trees.

(i) Missing Leave Trees. Those trees cut that should have been left.

(j) Slash. Tree limbs, trunks, and other debris created by the thinning operation.

(k) Lopping. Cutting limbs from trunks of trees.

E. TECHNICAL SPECIFICATIONS

(1) SELECTION OF LEAVE TREES

The goal of this contract is to leave the best potential crop trees using variable spacing while reducing the overall tree density. Leave trees shall be selected from the species preference list on the Detailed Unit

Information Chart or Silvicultural Summary Prescription and SHALL have no major defects, are of good form and vigor, and be within the allowable stocking density.

(a) Indicators of Desirable Leave Trees are:

Straight stem

Good foliage coloration

Balanced full crown

Free of insect and disease damage and/or symptoms; damage or symptom does not affect growth or survival

Vigorous annual terminal growth

Crown Ratio is 40% or larger

These indicators, as well as overall tree vigor, are important criteria for leave tree selection. The most prominent indicator for vigor is annual terminal growth for the past 1 to 3 years.

(b) Indicators of Undesirable Trees are:

Short, incomplete or sparse crown

Crook or sweep in bole

Dead or broken tops

Multiple tops

Poor foliage coloration

Presence of Insect and/or disease

Physical or mechanical damage

Poor annual growth

Sucker limbs

Branches more than 45 degrees from horizontal

Suppressed

These indicators shall determine trees to be cut, but minor defects will be acceptable for a particular leave tree if it is the best selection in the competitive area. Trees should be relatively free of insect and disease, animal damage, mechanical damage, except for minor problems that will not affect long term growth. Trees displaying these symptoms may be left as leave trees if they are the best available within the competitive area.

The number of leave trees per acre shall be within the maximum/minimum allowance specified for each subitem in the Silvicultural Summary Prescription.

NOTE: The prescription objective is based on the overall composition and condition of the stand and is intended to be a guideline for achieving a high quality final product in a professional manner. The Contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the stand and notify the

Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease, or animal damage problems and report them to the Contracting Officer Representative. Major problems and treatment are described in the Silvicultural Summary Prescription.

(2) CUTTING REQUIREMENTS

(a) Cutting. All cut trees shall be completely severed from the stump. Stump height shall not exceed 8 inches above the ground level or 4 inches above natural obstacles.

The maximum tree diameter to cut is specified in the Silvicultural Summary Prescription. Trees exceeding this diameter that are diseased, pest infested, heavily damaged, or poorly formed may require girdling as per the

Silviculture Summary Prescription.

The minimum tree height to be cut is specified in the Detailed Unit Information Chart and Silvicultural

Summary Prescription. No brush is required to be cut within the units, unless designated otherwise in the prescription. No Pacific yew shall be cut (in form of bush or tree).

(b) Felling. Cut trees shall be felled away from unit boundaries, established trails, game trails, telephone lines, fence lines, stock driveways, established land corners, and streams. Any trees felled across such areas shall be removed.

Snags shall not be cut except where they jeopardize the safety of the Contractor‘s operation.

(c) Riparian Areas. The area along a stream with riparian vegetation and other riparian characteristics.

Stream courses are noted on the project maps. They typically require special treatment, which may include alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Special treatments will be specified in the Silvicultural Summary Prescription. Any trees that are rooted in the stream channel bank shall not be cut.

(d) White Pine. All White Pine shall be ignored (not cut) in the thinning operation. Where pruning is required, the Contractor shall select the trees for pruning based on the Silvicultural Summary

Prescription. All limbs specified to be cut shall be removed within ½ inch of the limb collar and completely severed from the tree with little to no damage to the bark. All needles shall be removed from the bole of the tree. Refer to the Exhibits for diagram. Prune all selected white pine, 8 feet and greater in height, that are free of blister rust infection or that have no bole cankers or branch cankers less than 6 inches from bole. All branches within the lower ½ of the bole shall be pruned, up to a maximum height of 8 feet, leaving a minimum of 50% crown ratio and 4 whorls. The bole of the tree and limbs to be retained SHALL NOT be damaged in the pruning operation. Pruning shall be done with hand tools, chainsaws are not acceptable.

(e) Girdling. Where required girdling is specified in the Silviculture Summary Prescription. WL that has an minimum infection rating of 3 shall be girdled. Refer to Exhibts for diagram example how to rate Mistletoe Infection using the Hawksworth 6-class Dwarf Mistletoe Rating System. The

Contractor shall select and girdle trees specified in the Silvicultural Summary Prescription.

Girdling shall be a band(s), deep enough and wide enough to ensure death of the tree. Generally with

WL this is determined to be a minimum of 4 inches wide, removing the cambium layer completely around the circumference of the tree.

(3) SLASH TREATMENT

Slash created by the Contractor shall be reduced to a height of two feet and placed so that it will not lean against or be suspended by an uncut tree, stump, log, or any obstacle. Any special slash treatment requirements will be specified in the Silvicultural Summary Prescription. Slash treatment shall be performed concurrent with the thinning operation.

(4) RESOURCE PROTECTION

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.

F. CONTRACTOR QUALITY CONTROL

The Contractor shall provide quality control for all thinning and pruning operations. The Contractor is expected to conduct their own prompt inspections to ensure that all thinning, pruning and slash treatment requirements are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the Contractor. Any delay in Government inspections will not cause the Government to be responsible for the Contractors thinning quality.

The Contractor‘s onsite representative shall be fully conversant in the English language.

G. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(a) Inspection. The Government‘s quality assurance inspections will determine compliance with specifications and provide the basis for computing the rate of payment. Inspections will consist of visual observations and sample plots to determine compliance with the specifications. The plots will be located throughout the project areas or subitems to obtain a representative sample of the work.

Plot centers will be marked and numbered. Each contract subitem will be inspected separately and inspection results will not be averaged with those of other contract subitems.

Determination of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided in the contract. The Contractor or his representative may observe inspections while they are underway.

(b) Plot Procedures. Each plot will be examined and the findings on the items listed below recorded.

Plot size shall be 1/50 acre.

(i) Number of Satisfactory trees (S1-S4) that were left.

(ii) Deficiency (or discrepancy). Trees which are unsatisfactory either because they were cut and met the requirements for a leave tree or were not cut and should have been. There are three categories of deficiencies described in the Inspection procedure (Section J).

(A) Category A deficiencies – cutting trees that should not be cut or damaging selected leave trees. These are non-correctable errors.

(B) Category B deficiencies - leaving trees that should be cut. These are excess trees and are correctable errors.

(C) Category C deficiencies – other types of errors such as not completely severing trees from stumps, leaving small trees, and other errors as described on the inspection form.

(c) Tree Thinning Quality shall be calculated based on the equation specified on

Thinning Inspection Plot Form.

Trees in excess of the maximum number of acceptable trees will be considered unsatisfactorily selected (either Category B or C). Deductions for improper tree selection and improper treatment shall be included in the inspection quality.

The following calculation will be used to determine the trees per acre of Category C deficiencies on the unit.

Cat C trees per acre = Total Category C on plots x Reciprocal of plot size

Quality = 1- Improper Leave tree Selection ―Cat A‖ + Excess Trees ―Cat B‖ X 100

Percent Satisfactory Trees left (S1, S2) up to maximum + credit for non-stocked spots (N1, N2)

Number of plots

(d) Plot procedures for pruning. Items that are PRUNE ONLY, plots shall be recorded on the White

Pine Blister Rust Pruning Inspection Form (Exhibit 4C)?

1. Plots shall be marked and identifiable on the ground.

2. Number of trees that were pruned satisfactorily.

3. Number of trees that were defiicient.

4. Number of satisfactorily pruned trees per acre:

Number of satisfactorily pruned trees X reciprocal of plot size = Leave trees per acre

Number of plots taken

Tree Pruning Quality shall be calculated based on the equation specified.

(e) Slash Treatment quality must reflect full compliance with requirements.

(f) Rework and Reinspection after Rework. Category ―B‖ – When total number of leave trees exceed the maximum allowance or when Category ―C‖, total number of small trees missed exceed the allowable, payment will not be made until the deficiency is corrected, unless the Contracting Officer determines excess tree deficiency to be minor and will not result in any material differences in total number of trees to be left. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by rework.

(g) Inspection of Slash Treatment and Other Contract Requirements. Acceptance will be determined by inspection of areas requiring treatment and will be based on adherence to the specifications.

Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

Quality Total number of deficient trees

= 1 - X 100

Percent Number of trees that should‘ve been pruned

H. DELIVERIES OR PERFORMANCE REQUIREMENTS

(1) ADDITIONAL PERFORMANCE REQUIREMENTS

Performance Period.

Items Estimated Beginning Date Completion Date

1 Aug 23, 2010 Sep 30, 2010

2 May 1, 2010 Oct 30, 2010

3 June 1, 2010 Oct 30, 2010

4 May 1, 2010 Oct 30, 2010

The Contractor shall maintain progress at a rate that will assure completion of work by the required completion date for each Item.

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified in the Notice to Proceed.

The Government reserves the right to prescribe the sequence in which the units will be worked.

(2) MEASUREMENT AND PAYMENT

(a) Calculation of Payment for Thinning. After inspection of a completed subitem, the Contracting

Officer will calculate the pay rate for the acceptable work.

(1) When the quality is 90 percent or greater, the work will be considered acceptable and payment will be made at the contract unit price. When the quality of work is less than 90 percent but is 80 percent or over, the work will be considered unacceptable but payment will be made for the value of services received. Payment will be made after assessment of a 1 percent deduction in the unit price for each 1 percent the thinning quality is below 100 percent. This payment shall only be made after the Government determines that no further rework shall be required nor allowed. No payment will be made for quality of work below 80 percent.

(2) Pull back, lopping, slash treatment, and walk-in access are included in the unit price and no additional payment will be made.

(b) Unacceptable Work. Any unit, with quality less 90 percent, is considered unacceptable and may be rejected.

For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default. When work quality falls below

90 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked.

CONTRACT CLAUSES

Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2008):

Add the following clauses:

AGAR 452.236-72 Use of Premises (NOV 1996)

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

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

(DEC 1999)

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

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, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps 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, 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.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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 Permittees, 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.

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 rodants.

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.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following, subparagraph (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.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the

Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-

1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester.

Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT USED.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Submit a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion.

Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges.

Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

PREWORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (APR 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-

78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with

Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Section 1553 of Pub L. 111-5).

(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Mar 2009) (Pub. L. 111-5).

(5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(7) [Reserved]

(8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

(9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

(11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637

(d)(4).)

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

(13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

(14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

(15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside (May 2004) (15 U.S.C. 657 f).

(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15

U.S.C. 632(a)(2)).

(19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008)

(E.O. 13126).

(21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C.

793).

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

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

(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

(30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal

Computer Products (Dec 2007) (E.O. 13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

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

(32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb

2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

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

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

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

(34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.‘s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(35) 52.226-4, Notice of…