Solicitation 0248.doc

AG-82B1-S-10-0248

D3 Grinding and Removal of Landing Piles (AARA)

INTERMOUNTAIN ECONOMIC RECOVERY OPERATION CENTER INSTRUCTION SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

Intermountain EROC 740 Simms Street Golden, CO 80401

FAX (303) 275-5299

solicitation no.:

RFQ AG-82B1-S-10-0248

quotes are solicited for: RECOVERY –D3 GRINDING AND REMOVAL OF LANDING PILES important – notice to quoter:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS AS THEIR RESPONSE TO THIS SOLICITATION:

1.SF-18 Request For Quotation (Complete, date, and sign)

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

3.Section K – Representations and Certifications (Pages 38 - 41). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov) 4.Section J – Experience Questionnaire (Pages 35 and 36) 5.Acknowledgement of Amendments (If Applicable) 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 ATTN: George Jackson it is required that all contractor’s be registered in the central contractor registration database prior to award under this solicitation. see clause i-3 – far 52.204-7 central contractor registration for details on how to apply.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

a. NAME OF CONSIGNEE

11. SCHEDULE (Include applicable Federal, State and local taxes)

PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS

FACSMILE (FAX) WILL NOT BE ACCEPTED.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 - SCHEDULE OF ITEMS

Item

Estimated Unit per Total

Number

Description

Unit Quantity Price Price__

BASE ITEMS:

1. Big Bull Landing Pile

Pile

2. Dry Lake Landing Pile

Total 1 $_________

TOTAL PRICE – BASE ITEMS 1 –

Total

XXXXXXX

ADDITIVE ITEM:

1. Whiskibas Landing Piles

Pile

TOTAL PRICE – ADDITIVE ITEMS 1 –

TOTAL PRICE – Base + Additive Items -

B-2 - BASIS OF AWARD: One award will be made to the responsible quoter offering the best value to the Government considering experience, capability, capacity, equipment, past performance and price. The Government may or may not award additive item so mobilization shall be factored in each item individually. Quoters must quote on all items and quotes may be rejected for any quantities less than those specified.

The Government may issue an order to other than the lowest quoter, waive minor informalities or irregularities in quotes received, or elect to not award at all. If necessary, the Government may conduct discussions with any or all quoters. It is in the quoter’s best interest to fully respond to the Experience Questionnaire since an order may be issued on the basis of information received without further discussion.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - SCOPE OF CONTRACT.

The purpose of this performance-based contract is to secure services to accomplish the grinding and removal of landing piles. The contractor shall organize and direct all equipment and personnel needed to accomplish the work. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required within the specifications.

C-2 - LOCATION

Location. Project sites are located on the Fortine Ranger District of the Kootenai National Forest in Lincoln County. Refer to Section J (Attachment 1-3) for Project Area Maps.

C-3 - PRE-BID TOUR

There will not be a “pre-bid tour”. Those desiring directions to the project site may contact the Fortine Ranger District office in Fortine, MT, telephone (406) 882-4451. For technical questions please contact John Parrish in Fortine at (406) 882-4451.

The Government assumes no responsibility for any expense incurred by an Offeror prior to contract award.

Offerors are cautioned that all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. It is the responsibility of the Offeror to seek clarification prior to submitting an offer.

C-4 - DEFINITIONS

Contracting Officer’s Representative – The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Landing Pile – Area where slash accumulated from timber harvest is piled.

Removal – Complete removal of logging slash contained in landing piles from National Forest lands.

C-5 - CONTRACTOR RESPONSIBILITIES

(1) PERFORMANCE STANDARD.

Grinding and Removal of Landing Piles – Contractor shall grind and remove ALL slash material included in landing piles.

(3) Protection of Existing Facilities, Developments and Resources - The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

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

Protection of Stream Courses - Contractor shall not operate any equipment within 150 feet of any intermittent stream or 300 feet of any year round stream.

(4) Prevention and Control of Soil Erosion - The Contractor shall minimize soil erosion. Precautions shall include prevention of gullying/rutting of roads and landing piles. Contractor shall repair any resource damage that results from Contractor’s actions.

(5) PERFORMANCE STANDARD. Open and close roads The contractor shall be responsible for the removal and reinstallation of earthberms on temporary roads, as indicated on map “to be closed”.

(6) Temporary road and landing rehabilitation. After all landing slash has been removed, seed and fertilizer shall be spread evenly across the disturbed area as described in Section H (Erosion Control). In addition, 15 to 20 tons per acre of clearing or logging slash, stumps or other woody debris shall be placed and scattered uniformly on the top of the temporary roads and landings.

C-6 - LOSS, DAMAGE OR DESTRUCTION

The Government will not be liable for loss, damage or destruction of equipment furnished under this contract except for such loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employees while acting within the scope of their employment.

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

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

52.246-1 Contractor Inspection Requirements (APR 1984)

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

E-2 – ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

(a) 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.

(b) 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/Notice of Noncompliance form as well as meet with the Contractor at the job site to ensure that the Contractor is aware of the unacceptable service.

NOTE: 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 referenced at 52.246-4 (stated above).

Inspection Procedure

(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:

Inspection of Landing Pile Grinding. 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.

(b) 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 unlimited access to the inspection data.

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/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989)

F-2 - PERIOD OF PERFORMANCE

(a) Contract Time and Required Rate of Progress

Item No.

Estimated Start Work Date

Completion Date

Base Item:

1. Big Bull Landing Piles June 2010 (NTP)*

February 29, 2011**

2. Dry Lake Landing Piles June 2010 (NTP)* February 29, 2011**

Additive Item:

1. Whiskibas Landing Piles July 2010 (NTP)* February 29, 2011**

*(NTP) The Contracting Officer will issue a Notice to Proceed as soon as practicable following contract award.

**unless weather conditions are not conducive to grinding and/or removal of material.

The Contractor shall maintain progress at a rate, which will assure completion of all work by the completion date.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 – POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference (“prework”) with the successful offeror is required. The conference will be held at the Three Rivers Ranger Station at a date and time to be determined after award.

G-2 - PAYMENT

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

Grinding Landing Piles

(b) Road Maintenance Deposit Scheldule – Contractor shall make Required Deposits for current and deferred road maintenance, prior to removal, in the amount displayed in the table below. Such deposits are based on the estimated volume of and distance hauled.

G-3 - GOVERNMENT-FURNISHED PROPERTY

NONE

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 - UTILIZATION AND REMOVAL OF SALVAGEABLE MATERIAL

Utilization and Removal of Salvageable Material. The Contractor may elect to remove, at no charge, non-sawtimber material on the site designated to be treated in accordance with this contract. Material so removed must be marked, identified or designated prior to removal. Transportation of this material must be in conformance with applicable State and Federal laws, regulations and policies. The Government makes no guarantee of the quality or quantity of material that may be removed. Such material is estimated to be of insignificant quantity and to have no apparent commercial value.

Should the Contractor elect to remove any salvageable material, the following shall apply:

Wood Receipts. Contractor shall:

(a) Require truck drivers to sign form R5-2400-242, Wood Receipt that states the driver’s responsibility when hauling Included Timber.

(b) Assign a competent individual at the landing to record the following information for each load of logs on the Wood Receipt provided by Forest Service:

(1) Date and time load is physically punched out with a paper punch or equivalent

(2) Truck ID or license number

(3) Load destination

Used books of Woods Receipts (stub portion) shall be returned to Forest Service after entire ticket book is used.

(c) Require truck drivers to stop at agreed upon locations for accountability checks, if requested by the Forest Service, when products are in transit from Sale Area to contractor’s processing facility(s).

(d) Inform truck drivers of the designated route(s) of haul, the method of alerting drivers of an impending stop, and the fact that loads may be inspected at other locations where it is safe and possible to do so.

(e) Insure that the Woods Receipt attached to each log truck or chip van shall remain attached to its original log until manufactured into products, and then shall be either destroyed or otherwise rendered unusable, unless otherwise agreed.

Product Identification. Before removal from the project area, unless the Contracting Officer determines that circumstances warrant a written waiver or adjustment, (a) all products 8 feet or more in length and one-fourth or more sound shall be hammer branded on each end that is 7 inches or more in diameter and (b) all domestic processing products 8 feet or more in length and one-fourth or more sound shall be painted with a spot of highway-yellow paint on each end that is 7 inches or more in diameter. Each paint spot must be not less than 3 square inches in size.

Use of Timber. This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620, et seq.).

Except for 1/ determined pursuant to public hearing to be surplus, unprocessed Included Timber shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by the Contractor or any person as defined in the Act (16 U.S.C. 620e).

Timber in the following form will be considered unprocessed: (a) trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use; (b) lumber, construction timbers or cants intended for remanufacturing not meeting standards defined in the Act

(16 U.S.C. 620e); and (c) Aspen or other pulpwood bolts exceeding 100 inches in length.

Unless the Contracting Officer and the Contractor otherwise agree in writing, unprocessed Included Timber shall be delivered to a domestic processing facility and shall not be mixed with logs intended for export.

Prior to award, during the life of this contract, and for a period of 3 years from Termination Date, the Contractor shall furnish to the Contracting Officer, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by the Contractor or the Contractor’s affiliates.

Prior to delivering unprocessed Included Timber to another party, the Contractor shall require each buyer, exchange, or recipient to execute an acceptable agreement, which shall: (a) identify the Federal origin of the timber, (b) specify domestic processing for the timber involved, (c) require the execution of such agreements between the parties to any subsequent transactions involving said timber, (d) require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable, and (e) otherwise comply with the requirements of the Act (16 U.S.C. 620d).

No later than 10 days following the execution of any such agreement between the Contractor and another party, the Contractor shall furnish to the Contracting Officer a copy of each such agreement. The Contractor shall retain, for 3 years from the Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber.

The Contracting Officer may terminate this contract for the Contractor’s non-compliance under this provision and take such other action as may be provided by statute or regulation, including the imposition of penalties. When the Contracting Officer terminates this contract under this provision the Forest Service will not be liable for any claim submitted by the Contractor relating to the termination.

H-2 - LOGGING AND MAINTENANCE OPERATIONS SIGNING STANDARDS

All signs shall be manufactured & installed as specified in the FHWA "Manual on Uniform Traffic Control Devices" (MUTCD) & FS publication "Standards for Forest Service Signs & Posters"( EM 7100-15).

SIGN STANDARDS

SHAPE & COLOR: Generally, signs for logging and maintenance operations are either diamond-shaped or rectangular. All signs shall be reflective orange background with black legend and border unless shown otherwise. Handpainted, homemade signs are not legal. Fluorescent paint is not reflectorized.

SUBSTRATE: Sign substrate material may be High Density Overlay (HDO) Plywood, Aluminum, Fiberglass Reinforced Plastic, Corrugated Plastic, or Roll-up Fabrics.

SIGN SIZE: Sign size is a factor of speed and MUTCD & FS standards. Where conditions of speed, volume, or special hazard require greater visibility or emphasis, larger signs should be used. Minimum sizes for the most common signs can be found in Figure 4. Refer to the EM-7100-15 for additional sign sizes.

LEGEND: All lettering shall be Series "C" alphabet, conforming to Standard Alphabets for Highway Signs. Letter size is also a function of speed - use letter size and word messages as specified in MUTCD and EM-7100-15.

SIGN PLACEMENT

Signs are to be installed in locations as agreed to in the traffic control plan. All signs are to be removed, covered, or folded when operations are not in progress or the sign message is not applicable. Signs should generally be located on the right-hand side of the roadway. When special emphasis is needed, signs may be placed on both the left and right sides of the road. Sign message shall be clearly visible to road users, mounted on posts or portable sign stands.

Figure 1: Sign Placement Dimensions

Figure 2: A Portion of MUTCD TABLE II-1

SIGN SUPPORTS

POSTS: Signs are to be mounted on separate posts. Supplemental signs such as Speed Advisory plates are to be mounted on the same post as the primary sign. Do not mount signs on trees or other signs. Posts may be wood, metal, carsonite or similar material. Where sign supports cannot be sufficiently offset from the road edge, supports will meet breakaway standards. Single wood posts with less than 24 square inches do not require breakaway design.

TEMPORARY/PORTABLE SUPPORTS: Portable supports may be used for short-term, short-duration, and mobile conditions. MUTCD defines this time period as one work shift, 12 hours or less. All portable supports must meet MUTCD standards, including breakaway. These must be a minimum of 1 foot above the road surface or more if visibility requires it.

Figure 3: Examples of Temporary/Portable Supports

SIGNS

The following signs meet the intent of Timber Sale Contract Provision B6.33, SAFETY.

This is not a complete listing of signs that may be needed.

FG20-1-48*

FG20-2-48

FG20-3-42*

FG20-3a-42

FW22-3-30

FW20-1-30*

W21-3-30*

FW21-4a-30

FW11-7-24

W22-1-36*

FW8-6-24

FW11-9a-24

W7-3a-24*

W13-1-18**

W20-7aP-24*

* Specify Distance

** Specify Speed

BM-L-O BM-R-O

Barricade Markers (See MUTCD for length and stripe size)

H-4 - FIRE CONTROL

Normal Precautions. Specific fire precautionary measures are set forth below. Upon request of Forest Service, Contractor shall permit and assist in periodic testing and inspection of required fire equipment. Contractor shall promptly remedy deficiencies found through such inspecting and testing.

The following requirements shall apply during the operating period and during other such periods as specified by Forest Service.

A. Fire Extinguishers and Tools Required with Equipment. Each unit of powered equipment used in connection with this sale shall be equipped with serviceable tools and fire extinguishers acceptable to Forest Service as follows:

1. Stationary Equipment. Examples include yarders, log loaders, Hahn Harvester, stroke delimbers, roadside/landing based processors, whole tree chippers, rock crusher, asphalt plant, or other equipment working at fixed locations such as a landing or rock crushing site.

One - Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with 4 B.C. or higher rating.

One - 5-gallon standard galvanized metal, fiber glass or rubberized backpack water container, with handpump attached, to be filled at all times.

Weatherproofed tool box marked "FIRE ONLY," equipped with a hasp, kept sealed, and containing:

One - Axe, double bit, 3.5#

Two - Shovels (round point #0 lady or equal)

Two - Pulaskis

The tool box shall be mounted on equipment, if feasible, unless another location is agreed to in writing. The tool box shall be within 100 feet of the designated machine at all times when operating. Only one (1) tool box is required at each active fixed location site.

2. Mobile Equipment. Examples include crawler tractors, rubber-tire skidders, soft-track skidders, forwarders, feller-bunchers, feller-processors, excavators, front-end loaders, back-hoes, scrapers, and motor graders.

One - Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with a 4 B.C. or higher rating.

One - Shovel (round point #0 lady or equal). For equipping mobile equipment, an acceptable substitute is a "D-handle" round point shovel with a minimum 27-inch handle and a minimum 8- by 11-inch blade.

One - Axe, double bit, 3.5#, or one pulaski.

3. Support Equipment. Examples include trucks, low-boys, busses, pickups, panels, automobiles, service trucks, or similar equipment used in transporting logs, people, equipment, and/or materials.

One - Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with 4 B.C. or higher rating

One - Shovel (round point #0 lady or equal)

One - Axe, 2# or over, 26-inch minimum length, or one pulaski

One - Bucket or similar water container (at least 1-gallon capacity)

4. Powersaws One - Shovel (round point #0 lady or equal). Shovel shall be with gas containers and/or no more than 100 feet distance from where sawyer is working.

One - Fire extinguisher, containing not less than eight (8) ounces of extinguisher fluid or a dry chemical powder type of not less than one (1) pound capacity. The extinguisher shall be carried by the operator at all times.

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

B. Fire Tools on Sale Area. Contractor shall furnish and maintain in serviceable condition, in quantities and at locations to be designated by Forest Service, tool boxes, fire tools and other fire equipment to be used only for suppressing forest fires. Each tool box shall be weatherproofed and marked "TOOLS FOR FIRE ONLY" and kept sealed. These requirements are in addition to fire tool requirements for mobile, stationary, support or power saw equipment.

1. Special tool caches shall not be required when less than 20 people are employed on Sale Area, excluding logging truck drivers.

2. Operations employing 20 to 30 people on Sale Area, excluding truck drivers, shall furnish a tool cache as follows:

One - Axe, double bit, 3.5#

Five - Shovels (round point #0 lady or equal)

Five - Pulaskis

For each multiple of 10 people over 30, the above tool cache requirement shall be doubled.

C. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by Forest Service. Exceptions where 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 multi-position engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards, (b) passenger-carrying vehicles and light trucks may have baffle-type muffler with tail pipe, (c) heavy-duty trucks may have a vertical stack exhaust system with muffler, provided the exhaust stack extends above the cab of the vehicle, (d) an exhaust driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters and other devices shall be properly installed and maintained.

D. Smoking. Smoking shall not be permitted within logging operations except on surfaced or dirt roads, at landings, within closed vehicles, in camps or at other posted places. Smoking shall not be permitted while working or traveling on foot, within or through Sale Area.

E. Storage of Petroleum and Other Highly Inflammable Products. Gasoline, oil, grease, or other highly flammable material shall be stored either in a separate building or at a site where 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 Forest Service when unusually hazardous conditions exist.

F. Debris Burning and Warming Fires. Burning permits shall be required throughout the year for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger as specified in the fire plan. Such fires shall not be left unattended.

G. Emergency Measures. Additional measures and/or other special requirements necessary during periods of critical fire-weather conditions shall be included in the fire prevention and presuppression plan.

H. Welding. Welding and use of cutting torches or cutoff saws 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 10-foot radius of all welding and cutting operations. A shovel and a 5-gallon standard backpack water container filled and with handpump attached shall be immediately available for use in the event of a fire start.

H-5 - EROSION PREVENTION AND CONTROL

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

H-5-1 - EROSION CONTROL SEEDING. Following completion of skidding and yarding operations in an area, Contractor shall seed and fertilize all exposed areas of raw soil on skid trails, landings, and obliterated temporary roads

Soil on areas to be seeded shall be left in a roughened condition favorable to the retention and germination of the seed. Scarification of traveled ways on specified roads listed above shall be to a minimum depth of 2 inches and a maximum depth of 4 inches.

Seed and fertilizer shall be spread evenly at the rate of 30 pounds of seed and 240 pounds of fertilizer per acre. When fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72 hours of the first.

Application shall be during the period as specified by the Forest Service and under the above specified conditions unless otherwise approved.

The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

Certified, blue-tagged seed shall be used where a name variety or cultivar is specified. Blue tags which are removed to mix the seed shall be provided to the Forest.

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All States Noxious Weeds List."

Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service. Lab testing for noxious weeds will be conducted prior to seed mixing. Only after a finding and documentation in writing of no weeds on the current "All States Noxious Weeds List" will the seed be accepted and used.

The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of contents clearly marked on containers:

H-6 - NOXIOUS WEEDS/EQUIPMENT CLEANING

Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to one of the following: a project or job site, a County, two or more Counties, or a National Forest.

To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:

· All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off-road as well as on-road use, whether they owned, leased, or borrowed by the contractor or any subcontractor.

· Cleaning shall consist of the removal all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off the project site.

· Equipment, materials, and vehicles shall be visually inspected by the COR, or other designated Forest Service official, and certified in writing by the Contractor to be reasonably clean and weed free. Inspections will take place at a location agreed to by the COR and Contractor in advance of delivery to the job site. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials, including delivery vehicles, delivered to the project site will also be inspected prior to entering the area.

· The Contractor shall protect all existing vegetation from the introduction of noxious weeds, (1) at or near the work site, and (2) on adjacent property. The Contractor shall treat any introduced noxious weeds resulting from failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to treat such weeds, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

· Certification of each piece of equipment or vehicles shall remain valid for the duration of the project as long as the identified subjects remain solely on the project. Off road equipment that leaves the job site shall be recertified before being allowed to return. Individual worker's vehicles shall be parked at a staging area that will be designated by the COR.

H-7 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

An EMS provides a systematic approach for continually improving environmental performance. An EMS identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls already in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of WUI or Community Wildfire Protection Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

SECTION I--CONTRACT CLAUSES

I- 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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-9 Personal Identity Verification of Contractor Personnel (NOV 2006) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.246-1 Contractor Inspection Requirements (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

452.237.70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

I- 2 - FAR 52.203-15 Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I- 3- FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record

“Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

I- 4 - FAR 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A…