AG-82B1-S-10-0221.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER INSTRUCTIONS

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: AG-82B1-S-10-0221

OFFERS ARE SOLICITED FOR: RECOVERY REXFORD-FORTINE SLASHING AND EXCAVATOR PILING

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1. SF-33 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 2-4). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 39-47). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

6. Acknowledgement of Amendments

7. Technical Proposal in accordance with the instruction in Provision L-5.

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION DATABASE PRIOR TO

AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-2 – FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW

TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED

ELECTRONICALLY THROUGH FEDBIZOPS.

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

DO-

PAGE OF PAGES

1 | 52

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

AG-82B1-S-10-0221

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

5/25/10

6. REQUISITION/PURCHASE NO.

374626

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

US. Forest Service

EROC Intermountain

740 Simms Street

Golden, CO 80401-4720

Same as block 7

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 740 Simms St, Golden, CO 80401-4720 until 3:00 PM local time 6/23/10.

CAUTION LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

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

INFORMATION

CALL:

Stephen M. Patton

AREA CODE

NUMBER

228-6240

EXT.

spatton@fs.fed.us

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 23-34

B SUPPLIES OR SERVICES AND PRICE/COST 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 5-14 J LIST OF ATTACHMENTS 35-38

D PACKAGING AND MARKING 15 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 16-17

K

REPRESENTATIONS, CERTIFICATIONS

39-47

F DELIVERIES OR PERFORMANCE 18 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 19 L INSTRS., CONDS., AND NOTICES TO OFFERORS 48-50

H SPECIAL CONTRACT REQUIREMENTS 20-22 M EVALUATION FACTORS FOR AWARD 51-52

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

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

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

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

RECOVERY Rexford-Fortine Slashing and Excavator Piling AG-82B1-S-10-0221

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

SCHEDULE OF ITEMS

RECOVERY Rexford-Fortine Slashing and Excavator Piling

Kootenai National Forest

Rexford Ranger District

Lincoln County, Montana

SCHEDULE OF ITEMS

BASE BID

Item Unit Total

Number Description Unit Quantity Price Price_____

ITEM NO. 101: Sullivan Fuels Excavator Piling

101 Sullivan Fuels Excavator Pile Acres 50 $_________ $____________

ITEM NO. 101 Total Price $____________

ITEM NO. 102: North Bridge 43W Excavator Piling (**Timing Restriction**)

102 North Bridge 43W Excavator Pile Acres 33 $_________ $____________

ITEM NO. 102 Total Price $____________

ITEM NO. 103: Black Butte Fuels Excavator Piling

103 Black Butte Fuels Excavator Pile Acres 54 $_________ $____________

ITEM NO. 103 Total Price $____________

ITEM NO. 104: Pinkham Fuels Slashing and Excavator Piling

Subitem:

104a Pinkham Fuels Slash Acres 36 $_________ $____________

104b Pinkham Fuels Excavator Pile Acres 36 $_________ $____________

ITEM NO. 104 Total Price $____________

ITEM NO. 301: Big Bull Cable Excavator Piling

301 Big Bull Cable Excavator Pile Acres 66 $_________ $____________

ITEM NO. 301 Total Price $____________

ITEM NO. 302: Beaver Slope Slashing and Piling

302a Beaver Slope Slash Acres 16 $_________ $____________

302b Beaver Slope Excavator Pile Acres 16 $_________ $____________

ITEM NO. 302 Total Price $____________

ITEM NO. 303: Elk Mountain #20 Excavator Piling

303 Elk Mountain #20 Excavator Pile Acres 58 $_________ $____________

ITEM NO. 303 Total Price $____________

ITEM NO. 304: Dry Lake Slashing and Piling

304a Dry Lake Slash Acres 31 $_________ $____________

304b Dry Lake Excavator Pile Acres 31 $_________ $____________

ITEM NO. 304 Total Price $____________

ITEM NO. 305: Trego 54 Excavator Piling

305 Trego 54 Excavator Pile Acres 47 $_________ $____________

ITEM NO. 305 Total Price $____________

OPTIONAL ITEMS

All or some combination of the following optional items may be awarded depending on prices received and funding available at the time of award:

ITEM NO. 105: Honey Hole Slashing and Piling:

105a Honey Hole Slash Acres 38 $_________ $____________

105b Honey Hole Excavator Pile Acres 38 $_________ $____________

ITEM NO. 105 Total Price $____________

ITEM NO. 106: Rexford Bench Excavator Piling:

106 Rexford Bench Excavator Pile Acres 30 $_________ $____________

ITEM NO. 106 Total Price $____________

ITEM NO. 306: Whiskibas #5 Excavator Piling:

306 Whiskibas #5 Excavator Pile Acres 25 $_________ $____________

ITEM NO. 306 Total Price $____________

ITEM NO. 307: Whiskibas #6 Excavator Piling:

307 Whiskibas #6 Excavator Pile Acres 20 $_________ $____________

ITEM NO. 307 Total Price $____________

ITEM NO. 308: No Braynur Excavator Piling:

308 No Braynur Excavator Pile Acres 52 $_________ $____________

ITEM NO. 308 Total Price $____________

Contractor Name: Phone:

Signature: FAX:

Address: E-Mail:

TIN #:

City, State, Zip: DUNS#:

NOTES:

(1)The Government may make multiple awards under this solicitation. Proposals may be submitted for any combination of items. Offers will not be accepted for quantities less than those specified for each item and shall be submitted for all subitems within each item. Award of this contract is contingent upon funding being available at the time of award.

(2) Offerors desiring to be considered for more than one line item may limit their award exposure by completing the following:

This offer is tendered on the basis that the offeror will accept not less than _____ acres nor more than _____ acres

(including optional items) of slashing and excavator piling.

SECTION C--DESCRIPTION/SPECIFICATIONS

C-1 SCOPE OF CONTRACT. The purpose of this performance based contract is to secure services to accomplish stand treatments related to the reduction of fuel loading through slashing and excavator piling.

This work may occur on slopes up to 30% and on rocky terrain. The contractor shall furnish all technical expertise, labor, equipment, supervision, tools, transportation, operating supplies, and incidentals necessary to complete the required work in accordance with the drawings, specifications, and terms of this solicitation and any resultant contract.

C-2 LOCATION AND DESCRIPTION. The work is located within the Rexford Ranger District and

Fortine Ranger District of the Kootenai National Forest, headquartered in Eureka, Montana and Fortine, Montana. Vicinity and project maps are included in this solicitation. Higher quality project maps are available at the district office. Contact Harmony Burow. District travel maps are also available at the district office.

All items or a combination of the following items, may be awarded depending on prices received and funding available at the time of award. Unfunded items are noted as OPTIONAL ITEMS.

(1) Location of Projects: These projects are located on the Rexford Ranger District and Fortine Ranger

District.

Item 101 – Sullivan Fuels Excavator Piling is one unit (50 acres) located approximately 19 miles

(by road) west of the Eureka Ranger Station, in T36N, R28W, north portion of Sec 16 and south portion of sec 9. From the Eureka Ranger Station drive North on Highway 93 .5 miles to Highway

37. Take a left on Highway 37 and drive 13 miles and take a right over the Koocanusa Bridge.

After the bridge, take a right on Forest Service Road #92, Forest Development Road. From the bridge drive 5.5 miles north until you come to FS Road 7223, Rexford Face Road. The unit is on the left flagged in Red Flagging(See project map for location.) In this unit excavator piling shall be done in an area of 50 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 102 – North Bridge 43W Excavator Piling is two units (8 acres and 25 acres) located approximately 17 miles (by road) south and west of the Eureka Ranger Station, in T36N, R28W, south west corner of section 29 and the north west corner of section 32. From the Eureka Ranger

Station drive North on Highway 93 .5 miles to Highway 37. Take a left on Highway 37 and drive 13 miles and take a right over the Koocanusa Bridge. After the bridge, take a right on Forest Service

Road #92, Forest Development Road. From the bridge drive north 2.6 miles to FS Road 337, Boulder Road. Turn left on Boulder Road and drive .5 miles. The first unit is below the road on the left, then travel .25 miles farther up the road and the second unit is on the left below the road. Both units are marked in orange flagging. (See project map for location.) In these units excavator piling shall be done in an area of 33 acres. The machine work shall be done on dry or frozen ground.

Dozer work will not be accepted for this contract. Timing Restriction for machine work operations, piling shall be done only between August 1 st and April 15 th to prevent the disturbance of nesting raptors.

Item 103 - Black Butte Fuels Excavator Piling is two units (22 acres and 32 acres) located approximately 11 miles (by road) south and west of the Eureka Ranger Station, in T36N, R27W, south half of section 24 and north half of section 25. From the Eureka Ranger Station drive North on Highway 93 .5 miles to Highway 37. Take a left on Highway 37 and drive 7.8 miles and take a left on Forest Service Road 856, Pinkham Creek Road. Take Pinkham Creek Road 1.36 miles to FS

Road 7280. Turn left on Road 7280 and drive 1.75 miles and the unit is on the right side of the road.

The first unit ( 22 acres) is marked with blue flagging. The second unit (32 acres) is marked in orange flagging and is separated from the first unit by a two track road and is aproximately .25 miles farther up the road. (See project map for location.) In this unit excavator piling shall be done in an area of 54 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 104 – Pinkham Fuels Slashing and Piling is one unit (36 acres) located approximately 17 miles (by road) south and west of the town of Eureka in T35N, R27W, south west corner of section

7. From the Eureka Ranger Station drive North on Highway 93 .5 miles to Highway 37. Take a left on Highway 37 and drive 7.8 miles and take a left on Forest Service Road 856, Pinkham Creek

Road. Take Pinkham Creek Road for 5.3 miles to Forest Service Road 7939, Gut Creek Road.

Follow Gut Creed Road for 2.28 miles and take a left on Forest Service Road 494. Take the 494 for

1.25 miles and the unit is on the left side of the road, marked in Pink flagging. (See project map for location). In this unit slashing and excavator piling shall be done in an area of 36 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

OPTIONAL ITEM: Item 105 – Honey Hole Slashing and Piling is one unit (38 acres) located approximately 17 miles (by road) south and west of the town of Eureka in T35N, R27W, west side of section 7. From the Eureka Ranger Station drive North on Highway 93 .5 miles to Highway 37.

Take a left on Highway 37 and drive 7.8 miles and take a left on Forest Service Road 856, Pinkham

Creek Road. Take Pinkham Creek Road for 5.3 miles to Forest Service Road 7939, Gut Creek

Road. Follow Gut Creed Road for 2.28 miles and take a left on Forest Service Road 494. Take the

494 for 1.25 miles and the unit is on the right side of the road, marked in Pink flagging. (See project map for location). In this unit slashing and excavator piling shall be done in an area of 38 acres.

The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

OPTIONAL ITEM: Item 106 – Rexford Bench Excavator Piling is one unit (30 acres) located approximately 7 miles (by road) west of the town of Eureka, MT in Township 36N/Range 27W on the north half of section 12. Access via Highway 37, turn onto the Rexford Town Road, turn right onto Rexford Bench Campground Road. The unit is bordered by the Rexford Bench Campground

Road on the north and east, the south boundary is bordered by Forest Road 7947 and the west boundary is marked with orange flagging. (See project map for location.) In this unit, excavator piling shall be performed on an area of 30 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 301 – Big Bull Cable Excavator Piling is one unit (66 acres) located approximately 6 miles

(by road) south/southwest of the town of Eureka, MT in Township 35N/Range27W on the west half of Section 2. Access via Othorpe Lake road, turn left at Forest Road #3668 (Thirsty Lake Road), travel approximately 3.5 miles south. Unit will be on the south side of the road marked with blue flagging, boundary paint and corner placards. (See project map for location). In this unit, excavator piling shall be performed in an area of 66 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract

Item 302 – Beaver Slope Slashing and Piling is one unit (16 acres) located approximately 14.5 miles (by road) southwest of the town of Trego, MT in Township 33N/ Range 26W on the southwest corner of Section 5. From the town of Trego access via Forest Road #36 (Fortine Creek road); travel approximately 9 miles south; then turn right onto Forest Road 48. Travel approximately 1 mile and turn right on Forest Road 3585 (Beaver Creek). Continue on road 3585 for approximately 4.5 miles. The Beaver Slope project area is located adjacent on the right or east side of road 3585 marked in blue flagging and boundary paint. (See project map for location.) In this unit, excavator piling shall be performed on an area of 16 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 303 – Elk Mountain #20 Excavator Piling is one unit (58 acres) located approximately 18 miles (by road) south of the town of Trego, MT in Township 32N, Range 26 W on the south side of

Section 26. Access from the town of Trego via Forest Road 36 (Fortine Creek road); travel approximately 13.5 miles south then turn left onto Forest Road 3520 (Twin Meadows Creek), travel approximately 4.5 miles. The unit is located on the right or east side of the road marked in blue flagging and boundary paint. (See project map for location). In this unit, excavator piling shall be performed on an area of 58 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 304 – Dry Lake Slashing and Piling is one unit (31 acres) located approximately 1 mile (by road) west of the town of Fortine, MT in Township 35N/ Range 26W on the south central portion of

Section 26. Access from the town of Fortine via Forest Road #855 (Meadow Creek Road); travel approximately 1 mile west, the Dry Lake project area is on the left just a few yards past the Eagle

Lake Ranch road marked in blue flagging and unit boundary paint. (See project map for location). In this unit, excavator piling shall be performed on an area of 31 acres. The machine work shall be

Item 305 – Trego 54 Excavator Piling is one unit (47 acres) located approximately 8 miles (by road) south of the town of Trego, MT in Township 33N/ Range26W on the southwest corner of

Section 24. Access from the town of Trego via Forest Road 36 (Fortine Creek road); travel approximately 5.6 miles south then turn left onto Forest Road 3732 (Stewart Creek). Continue for approximately .8 miles then turn right onto Forest Road 3730 (Jim Creek). Continue for approximately .5 miles then turn right onto Forest Road 3762. Continue for approximately 1.1 miles, the Trego #54 project area is on the south and west side of the road marked in blue flagging and unit boundary paint. (See project map for location). In this unit, excavator piling shall be performed on an area of 47 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

OPTIONAL ITEM: Item 306- Whiskibas #5 Excavator Piling is one unit (25 acres) located approximately 11.1 miles (by road) south of the town of Trego, MT in Township 32N/Range 26W on the north central portion of Section 5. Access from the town of Trego via Forest Road 36

(Fortine Creek road); travel approximately 11 miles south then turn left or east onto Forest Road

3529 (White Creek), continue south, 1/10 th mile, the Whiskibas #5 project area is on the left or east side of road 3529 marked in blue flagging and unit boundary paint. (See project map for location). In this unit, excavator piling shall be performed on an area of 25 acres. The machine work shall be

OPTIONAL ITEM: Item 307- Whiskibas #6 Excavator Piling is one unit (20 acres) located approximately 12 miles (by road) south of the town of Trego, MT in Township 32N/Range 26W on the north eastern corner of Section 5. Access from the town of Trego via Forest Road 36 (Fortine

Creek road); travel approximately 11 miles south then turn left or east onto Forest Road 3529 (White

Creek), continue .75 miles, the Whiskibas #6 project area is on the left or east side of road 3529 marked in blue flagging and unit boundary paint.(See project map for location). In this unit, excavator piling shall be performed on an area of 20 acres. The machine work shall be

OPTIONAL ITEM: Item 308- No Braynur is one unit (52 acres) located approximately 1.3 miles (by road) west of the town of Fortine, MT in Township 35N/ Range 26W on the south western portion of Section 26. Access from the town of Fortine via Forest Road #855 (Meadow Creek

Road); travel approximately 1.3 miles west, the No Braynur project area is on the left, adjacent to road 855, marked in blue flagging and unit boundary paint. (See project map for location). In this unit, excavator piling shall be performed on an area of 52 acres. The machine work shall be

(2) Accessibility. The general vicinity of the contract areas may be reached by forest roads that are accessible by standard pickup during normal operation season (approximately June to October). The

Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open.

Individual stands are accessible by combination of 2- or 4- wheel drive. It is the Contractor's responsibility to keep current on road restrictions. A written request to access closed roads by motorized vehicles shall be submitted for approval by the District Ranger or designated Staff Officer. Request for road access should be made one week prior to useage with the Contracting Officers Representative

(COR). The Contractor shall lock all gates upon entering and leaving the unit area. For planning purposes, the Contractor should assume that the motorized travel will be restricted on roads not shown on the District Road Access Map.

Some roads are not shown in their entirety, or are not shown at all on the District Road Access

Map. Contact the COR regarding access.

Timing of road use may have to be coordinated with other users.

Roads will be open/closed as shown on the District Access Map which is usually updated annually.

(3) Boundaries. The unit boundaries are sale unit boundaries AND/OR are flagged with ribbon flagging, various colors of flagging may have been used (see C.2 (1) Locations and Descriptions above).

Small exclusions may be flagged out. For detailed information concerning unit boundaries contact the

COR. Aerial photos and/or higher quality maps of the units will be available for inspection to assist the

Contractor with unit boundaries.

(4) Detailed Unit Information. Additional information can be obtained by contacting Harmony Burow at the Rexford Ranger Station, (406) 296-2536 during business hours.

C-3 DEFINITIONS

Access point – The point identified for access to the fuel reduction areas.

Calendar Days – Every day shown on the calendar, Sundays and holidays included.

Contracting Officer’s Representative – The on-site contract administrator for the Contracting Officer.

The duties and responsiblities of the COR are defined in the letter of designation issued by the Contracting

Officer.

Contract Time - See Period of Performance.

Damage - Defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumference of the tree.

Diameter breast height (dbh) - The diameter of the trunk measure at a point 4-1/2 feet above the ground level on the uphill side of the tree.

Dominate tree - A tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

Healthy conifer - Trees that are growing well, exhibited by good leader growth, green foliage, and at least

40 percent crown ratio (ratio of crown to overall length), has upright growth form, absence of forking or broken tops, absence of mortality causing diseases or insects in the terminal buds.

Period of Performance (also Performance Period or Contract Time) - The number of calendar days allowed in the contract for completion of contract work.

Piling – create piles of slash in accordance with Performance Standards.

Quality Assurance - The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance

Surveillance Plan (QASP).

Quality Control - Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Slash – limbs and trunks of downed trees.

Special Protection Area - A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Refer to the Silvicultural Summary Prescription for required practices.

Thinning slash - Debris created from work under this contract, including all cut trees and shrubs including the tops, trunks, and branches.

C-4 CONTRACTOR RESPONSIBILITIES

(1) PERFORMANCE STANDARD Slash shall be accumulated into piles that are compact and relatively free of dirt and decomposed duff. Piles shall be kept as far away from designated leave trees as feasible and at least 10 feet from unit boundaries. Roads shall be kept clear of Contractor created slash piles from the top of the cut slope to the toe of the fill. Piles shall not be less than 6 feet in height and not more than 15 feet in width. The slash shall be gathered and piled, with slash aligned in the same direction as much as possible. No stumps shall be placed in piles. Piles stacked in teepee fashion are not acceptable. Rolling the piles to compact them is preferred.

(2) PERFORMANCE STANDARD The Contractor shall pile the majority of woody material less than six inches in diameter on the large end. A minimum of 5 tons per acre and a maximum of 7 tons per acre of the larger (6‖ diameter at the large end and greater) material shall be left out of the piles and evenly distributed throughout the units.

(3) PERFORMANCE STANDARD The Contractor shall complete all work designated under this contract by date specified for each item under Period of Performance section.

(4) PERFORMANCE STANDARD (Slash Treatment) All slash piling shall be conducted in such a manner as to allow operations without damaging residual trees. All standing trees shall be retained in an undamaged condition. Existing slash shall be piled by the date specified for each item under the Period of Performance section. Slash shall be pulled back 5 feet from culverts on the fillslope. No slash shall be left on roads or fill-slope after piling.

(5) PERFORMANCE STANDARD (Protection of Existing Facilities, Developments and

Resources):

Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

Existing Facilities. If existing facilities, such as roads, culverts,erosion dips, drainage facilities, barriers, fences, section corners, and bearing trees are damaged by the Contractor’s operations, they shall be replaced or repaired by the Contractor at no cost to the Government.

Protection of Streamcourses. The Contractor shall minimize damage to streamcourses. Machinery shall not enter closer than 50 feet of any intermittent stream or 150 feet of any year round stream.

Slash shall be pulled out of dry draws with defined channels and draws that have the potential to flow water. Piling in or crossing any intermittent stream, year round streams, or wet areas is strictly prohibited.

Cultural Resources The Contractor shall protect all ―Areas to Protect‖, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during

Contractor's operations. The Contractor shall immediately notify the Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until the Forest Service authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve

Contractor from civil or criminal remedies otherwise provided by law. Wheeled or track-laying equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless agreed otherwise, trees shall not be felled into such areas.

Special Treatment Areas Treatment and salvage will not be allowed in flagged special treatment areas. Excavators shall not enter special treatment areas.

(6)PERFORMANCE STANDARD (Prevention and Control of Soil Erosion) The contractor shall

Minimize soil erosion. Precautions shall include prevention of gullying of roads and skid trails within and adjacent to the piling units. On steeper ground the excavator shall not use the same path to move around to the extent that rutting in the traveled path begins to form. Equipment shall not be operated when ground conditions are such that excessive damage will result. The Forest Service shall suspend operations of any machine work when they deem conditions are not conducive to piling. This may include steep slope, wet soils, puddling due to rain or thawing. Soil moistures greater than 20% will be considered potentially damaging ground conditions.

(7) PERFORMANCE STANDARD (Noxious Weed Control) The Contractor shall clean all off-road equipment prior to entry onto the project area. Remove all dirt and plant parts and material that could carry noxious weed seeds into the project area. Only off-road equipment so cleaned and inspected by the Forest Service will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. ―Off-road equipment‖ does not include personal vehicles or support equipment that remains on the main travel route.

Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the Forest Service at an agreed upon location. Provide the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the Contractor and the Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

(8) PERFORMANCE STANDARD (Selection of Leave Trees) Selected leave trees shall meet the following requirements of the Silvicultural Diagnosis and Prescription:

(a) Criteria for Leave Trees:

Item 104a – Pinkham Fuels Slashing: Thinning from below. .

Reduce stocking and ladder fuels by felling all stems 6‖ DBH and less.

Buck to 12 ft lengths to facilitate excavator piling.

Item 105a – Honey Hole Slashing: Thinning from below.

Reduce stocking and ladder fuels by felling all stems 6‖ DBH and less.

Some areas up to two acres will be left untreated to maintain big-game thermal and hiding cover and will be flagged for exclusion by Forest Service personnel. One such area is flagged out for exclusion in pink flagging on the west side of the unit.

Item 302a – Beaver Slope Slashing: Thinning from below. Reduce stocking and ladder fuels by thinning from below. To achieve this objective use the following specifications:

APPLIES TO SUB-MERCHANTABLE (LESS THAN 7‖ DBH) TREES ONLY:

Slash damaged, poorly formed, or low vigor trees. Low vigor trees are western larch with

<35% live crown ratios and Douglas-fir with <30% live crown ratio.

Slash those individuals in direct crown competition with larger diameter leave trees.

Priority leave trees will be #1 WL, #2 DF.

Leave the best formed, healthiest crown trees.

Space leave trees 12-16 feet away from merchantable reserve trees or other sub-merchantable trees that will be left.

Item 304a – Dry Lake Slashing: Thinning from below. Reduce stocking and ladder fuels by thinning from below. To achieve this objective use the following specifications:

Target basal areas for this unit will average 60-80 sq. ft./ac.

Leave Tree Priorities:

Leave all PP

Leave most larger diameter WL if diameters are >9 inches. WL for leave should have Hawksworth mistletoe ratings of 3 or less.

Leave largest diameter, best formed DF with live crown ratios >30% and diameters >10‖ DBH.

Designate to remove any LP

Provide for retention of 2-3 wildlife trees per acre where available (ie. trees with obvious wildlife use or signs of internal decay).

(9) PERFORMANCE STANDARD The Contractor shall select and monitor leave trees in order to achieve the requirements specified for each Item in the Silvicultural Prescription. Example: leave all trees (7+”dbh-PP, 9+”dbh-DF), leaving all WL, and snags over 10”dbh., unless otherwise noted on individual Silvicultural Prescriptions.

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.

Contractor is expected to use silviculture knowledge to identify and adjust to any changing conditions within the stand or notify the Contracting Officer of such changing conditions.

(10) PERFORMANCE STANDARD (Stump Height and Removal of Live Limbs) All trees other than leave trees shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the cutting point shall be removed. Trees shall be completely severed from the stump.

Stump height shall not exceed 12 inches above ground level or 4 inches above natural obstacles.

(11) PERFORMANCE STANDARD (Felling) Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed. Any tree felled into private land shall be pulled back into the thinning unit. All thinning slash shall be placed on or near the ground surface, so that it is not leaning against or suspended by an uncut tree, stump, log, or any obstacle. Snags may not be cut unless the contractor elects to fall them for safety reasons. Snags felled should be done prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.

C-5 PRODUCT REMOVAL. If the contractor requests and Contract Officer agrees to allow removal of timber products from material that is required to be slashed or piled, the contractor will obtain the necessary permits from the district office prior to removal. Such material is estimated to be of insignificant quantity and to have no apparent commercial value.

All product removal is subject to rates of payment and road maintenance deposits depending on the quantity and commercial value of the product being removed. If no charge for removal is determined, road deposits may still apply.

C-6 EQUIPMENT. Only crawler type excavators with sufficient horsepower to handle the material to be piled and of a size which will allow operations without damaging residual trees shall be used. All standing trees shall be retained in an undamaged condition.

C-7 LOSS, DAMAGE OR DESTRUCTION.

The Government will not be liable for loss, damage or destruciton of equipment furnished under this contract except for such loss, damage or destruction resulting from the negligence or wrongful act(s) of

Government employees while acting within the scope of their employment.

All claims under this clause shall be submitted to the Contracting Officer.

C-8 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM. In accordance with 52.246-4

Inspection of Services – Fixed Price (AUG 1996), Paragraph (b) the Contractor shall propose and adopt a quality control inspection system to ensure that the required work meets the specifications. The Contractor may use the Inspection and Acceptance Requirements stated under Government Responsibilities as an inspection system if desired. Any proposed inspection system shall produce written inspection data which shall be provided in a timely manner as agreed to by the Contracting Officer. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have reasonable access to the inspection data.

C-8.1 Quality Control. The Contractor shall prepare a Quality Control Plan as described in Section E.

The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

SECTION D--PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E-2 CONTRACTOR QUALITY CONTROL PLAN

Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) which will be subject to

Government approval.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of the thinning, slash piling, and other work to determine actual quality percentage.

E-3 PERFORMANCE ASSESSMENT PLAN (PAP) In accordance with 52.246-4 Inspection of Services

– Fixed Price (AUG 1996), Paragraph (c), the COR will inspect the Contractor’s performance on a random basis under this contract to ensure that piling is being properly performed, the proper amount of slash is being left scattered throughout the units, and that equipment has been properly washed to prevent noxious weeds from being transported into the units.

Unacceptable performance occurs when the Contractor responsibilities fail to meet stated

PERFORMANCE STANDARDS. The Government will not pay for unacceptable performance.

When unacceptable performance is observed, the COR will document the unacceptable performance on a work order as well as meet with the Contractor at the job site to ensure that the Contractor is aware of the unacceptable service. The Government’s inspection of the work does not relieve the

Contractor of its responsibility to provide an inspection system as stated in Paragraph (b) of the

Clause stated above.

Inspection Procedure Piling

(1) The Government will make a visual examination of the work. If the visual examination shows the work may not be done in conformance with the contract specifications the following systematic inspection procedure will be made:

http://www.arnet.gov/far/

The Government will make an inspection of each contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection. Inspection consists of checking piles for compaction, size, and non-burnable material. In addition, Browns

Down Woody Fuel Surveys will be the method for determining ton per acre of material remaining on site.

E-4 PERFORMANCE REQUIREMENTS SUMMARY

Inspection of Slash Treatment/Piling. Acceptance will be determined by an inspection of the areas requiring treatment and will be based on adherence to the specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

Measurement. The acreage of each unit was made using Global Positioning System measurements.

Noxious Weeds Control Requirements is incidental to machine slash piling.

Basis Of Payment. Payment will be made at the contract unit price for work completed and accepted in accordance with the above required specifications.

Requirement Performance Standard Method of

Assessment

Incentive/Deduction

Piling Piles constructed to the described size, reasonably free of dirt or duff, compact, spaced away from leave trees and other objects, and with stems properly oriented.

Random Sample Rework to correct deficiencies.

Unpiled Woody

Material

Leaving the designated amount of properly sized woody material scattered throughout the unit.

Random Sample If more than 7 tons/acre are left unpiled the unit shall be reworked.

Ground Disturbance Any machine piling shall be done in a manner which minimizes scarification and soil disturbance to less than

30% of the area.

Random Sample Any rutting or gouging will be repaired by hand or machine. If damage cannot be repaired up to

15 % deduction of the

Items total sum can be made.

Noxious Weed

Control

Equipment to be washed and free of dirt and weeds.

Random Sample Equipment not permitted to enter unit until it passes inspection.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

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

52.242-14 Suspension of Work (APR 1984)

F-2 Required Completion Dates

Item No. Estimated Start Work Date Completion Date (Mandatory)

101 Sullivan Fuels August 15, 2010 September 30, 2015

102 North Bridge 43W** August 15, 2010 September 30, 2011

103 Black Butte Fuels August 15, 2010 September 30, 2013

104 Pinkham Fuels August 15, 2010 September 30, 2013

105 Honey Hole August 15, 2010 September 30, 2015

106 Rexford Bench August 15, 2010 September 30, 2011

301 Big Bull Cable August 15, 2010 September 30, 2011

302 Beaver Slope August 15, 2010 September 30, 2013

303 Elk Mountain #20 August 15, 2010 September 30, 2013

304 Dry Lake August 15, 2010 September 30, 2011

305 Trego 54 August 15, 2010 September 30, 2011

306 Whiskibas #5 August 15, 2010 September 30, 2015

307 Whiskibas #6 August 15, 2010 September 30, 2015

308 No Braynur June 15, 2011 September 30, 2012

**Yearly timing restrictions for all operations: due to raptor nesting, no activity between April th and August 1 st

The Contractor shall maintain progress at a rate, which will assure completion of all work by the mandatory completion dates, stated above.

The Contracting Officer will issue a Notice to Proceed as soon as practicable following contract award. The Contractor shall maintain progress at a rate, which will assure completion of all work by the mandatory completion dates, stated above. The Contracting Officer will issue a Notice to

Proceed as soon as practicable following contract award.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 - Contract Administration

(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The

Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, 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 read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

G-2 MEASUREMENT AND PAYMENT

(a) Measurement. The acreage of each unit was made using Global Positioning System measurements. Noxious Weeds Control Requirements is incidental to excavator slash piling.

(b) Basis of Payment. Payment will be made at the contract unit price for work completed and accepted in accordance with the above required specifications. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G-3 FINAL PAYMENT

The amount of the final payment will be calculated as described above and approved for payment after--

(a) Completion and acceptance of all work in each Item;

(b) Presentation of a properly executed invoice; and

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. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 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

During the 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 hand tool 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 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,…