Solicitation 0253.doc
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- RECOVERY North Dickey ARRA Vegetative Improvement Project, Fortine Ranger District, Kootenai National Forest
- Solicitation number
- AG-82B1-S-10-0253
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AG-82B1-S-10-0253
2010 HAND TREE PRUNING
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-10-0253
quotes are solicited for: RECOVERY –NORTH DICKEY ARRA VEGETATIVE IMPROVEMENT PROJECT, FORTINE RANGERS DISTRICT 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 34 - 37). (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 32 and 33) 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
| (THIS IS NOT AN ORDER) |
| THIS RFQ |
| X |
| IS |
| IS NOT A SMALL BUSINESS SET- ASIDE |
| 1 |
| 39 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| AG-82B1-S-10-0247 |
| 4/2/2010 |
UNDER BDSA REG. 2
AND/OR DMS REG. 1
| 5a. ISSUED BY |
| 6. DELIVER BY (Date) |
| Intermountain EROC, 740 Simms St., Golden, CO 80401 |
| See Contract Time |
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. DELIVERY |
FOB DESTINATION
| NAME |
| TELEPHONE NUMBER |
| X |
| OTHER (See Schedule) |
| AREA CODE |
| NUMBER |
| 9. DESTINATION |
a. NAME OF CONSIGNEE
| 8. TO: |
| Section C - Location & Description |
| a. NAME |
| b. COMPANY |
| b. STREET ADDRESS |
| c. STREET ADDRESS |
| c. CITY |
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| d. STATE |
| e. ZIP CODE |
| 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS |
| IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the |
| 4/23/10 3:00 p.m. MST |
| submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. |
11. SCHEDULE (Include applicable Federal, State and local taxes)
| ITEM NO. |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| (a) |
| (b) |
| (c) |
| (d) |
| (e) |
| (f) |
| Recovery –North dickey ARRA Vegetative Improvement Project, Montana |
PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS
| This requirement is being procured as a fixed-price Simplified Acquisition. |
| Quotes received after the exact time specified for receipt of quotes will not be considered. |
FACSMILE (FAX) WILL NOT BE ACCEPTED.
| a. 10 CALENDAR DAYS (%) |
| b. 20 CALENDAR DAYS |
| c. 30 CALENDAR DAYS |
| d. CALENDAR DAYS |
12. DISCOUNT FOR PROMPT PAYMENT
| NUMBER |
| PERCENTAGE |
| NOTE: Additional provisions and representations |
| X |
| are |
are not attached.
| 13. NAME AND ADDRESS OF QUOTER |
| 14. SIGNATURE OF PERSON AUTHORIZED TO |
| 15. DATE OF |
| a. NAME OF QUOTER |
| SIGN QUOTATION |
| QUOTATION |
| DUNS # ___________ TIN # _______________________ |
| b. STREET ADDRESS |
| 16. SIGNER |
| a. NAME (Type or print) |
| b. TELEPHONE |
c. COUNTY
AREA CODE
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| c. TITLE (Type or Print) |
| NUMBER |
NSN 7540-01-152-8084
Previous edition not usable
| 18-121 |
| STANDARD FORM 18 (Rev. 6-95) |
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
North Dickey ARRA projects Kootenai National Forest
Fortine Ranger District
Lincoln County, Montana
B-1 - SCHEDULE OF ITEMS
Item
Estimated Unit Total
Number
Description
Unit Quantity Price Price__ I Treatment Area 1
Cutting of designated trees
Acres with removal of logs and slash from the North Dickey campground.
B-2 – INCLUDED TIMBER. The Forest agrees to sell and the Contractor agrees to purchase, cut and remove all Included Timber as described in Section J of this Service Contract. Included timber shall be harvested as per terms and conditions stated in Attachment (J-3) and Special Contract Requirements (Section H).
B-3 - BASIS OF AWARD: One award will be made. Quotes will not be accepted for any quantities less than those specified.
B-4 - EVALUATION OF QUOTES: The Government will issue one order as a result of this Request for Quotations to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government. Award will be made on a Best Value basis considering past performance, capability, capacity, price, and overall cost to the Government.
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 located on pages 3 and 4 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. This project is funded through the (ARRA), American Recovery Reinvestment Act. The purpose of this performance-based contract is to secure services to accomplish campground vegetative improvement by cutting designated trees, entire tree removal, and slash removal on approximately 13 acres, while protecting the area from subsurface ground disturbance. Approximately 1000 trees of sawlog and non-sawlog merchantability and numerous small sub-merchantable trees will be treated with this project. 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.
The desired end result of this project is to achieve the following:
1. Improve vegetative diversity;
2. Improve stand health and vigor;
3. Utilize non-sawlog material that would otherwise be piled and burned.
4. Protect the area from subsurface soil disturbance during treatment.
C-2 - LOCATION AND DESCRIPTION
(a) Description. The area is gently rolling with some slopes greater than 20%. The treatment areas primarily consist of DF, WL, ES and LPP overstory with the understory composed mainly of small diameter DF, WL and a minor component of LPP.
(b) Location. The work is located at the North Dickey campground within the Fortine Ranger District of the Kootenai National Forest, headquartered at Murphy Lake Ranger Station in Fortine, Montana. Legal Description: Sections 9, T34N, R25W. Refer to Section J (Attachment 3) for Project Area Map.
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 Marcy Butts or Ralph Gelderman 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 responsiblities of the COR are defined in the letter of designation issued by the Contracting Officer.
Slash – Limbs and trunks of downed trees that do not meet utilization standards as specified in Section H.
Entire Tree Removal – Complete removal of material (saw/non-sawtimber/slash) from National Forest lands under a Forest Service Timber Sale Contract (refer to Section H).
Felling – The cutting of trees in excess of those to be left for future stand needs. Cut trees have been designated under Section H.
Entire Tree Yard – Removal of the entire portion of the tree from where it is cut including trunk tops and limbs to a processing area.
Forwarder System – Low impact, rubber tired, self loading, versatile equipment with bunks allowing the suspended removal of an entire tree after a designated tree is cut.
Winter Soil Conditions – Soil conditions that are frozen with a 4” compacted layer of protective snow.
Merchantable Trees-Trees have a sawlog or non-sawlog product that is included in the embedded timber sale contract, (attachment J-3), for payment..
Sub-merchantable Trees-Trees have no product value and are not included in the timber sale contract, (attachment J-3), for payment.
C-5 - CONTRACTOR RESPONSIBILITIES
(1) Tree Removal
a. PERFORMANCE STANDARD. Felling – The contractor shall fell all designated trees. Approximately 1300 merchantable trees and numerous sub-merchantable trees are designated for treatment. Designated trees are described in section H-1, Utilization and Removal of Included Products. Felling can be accomplished by hand felling or versatile rubber tired feller that is approved by the Contract Officer Representative. Felling shall not begin accept under winter soil conditions. Individual trees to be cut have been marked with yellow paint with a horizontal band at DBH and a stump mark. The boundaries are not flagged on the ground but include the designated North Dickey Lake Campground area as shown on the Treatment Area map (attachment J-3).
b. PERFORMANCE STANDARD. Stump Height – Stumps from designated cut trees shall be flush cut to the ground level, except when prevented by natural obstacles. If available, 1-2 large stumps per campsite will be left for “sitting stumps” . Available stumps will be any large designated cut tree within 20’ of a campsite, that will allow for a minimum 14” stump diameter at an 18” stump height.
c. PERFORMANCE STANDARD. Entire Tree Yarding– Equipment will remain on existing roads when ever possible. All use of equipment off the existing roadways will be by agreement with the Contract Officer Representative, (COR), however, tracked and/or tire chains will not be permitted. All tree removal will be conducted under winter soil conditions using a rubber tired forwarder system that is capable of entire tree yarding. Winter soil condition is defined as, frozen ground with at least a 4” compact snow layer that will prevent any below surface disturbance. Varience of the defined winter condition that will obtain the same objectives may be considered and approved by the COR. Trees will be forwarded to an agreed processing location where the logs and remaining slash can be loaded for removal.
(2) Slash Treatment
a. PERFORMANCE STANDARD. Entire Tree Removal. All slash and non-merchantable material will be removed from the treatment area and processing site. Entire Tree Removal may be performed by chipping slash into vans or loading slash into containers or dump trucks. Piling and burning of slash on site will not be accepted.
(3) Protection of Existing Facilities, Developments, Other than Forest Ownership, and Resources - The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.
Existing Facilities – Any existing facilities, such as campground facilities, roads, culverts, erosion dips, drainage facilities, barriers, gates, fences, section corners, and bearing trees that are damaged 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.
Other than Forest Ownership - Contractor shall protect and will not encroach adjacent properties shown as “other than National Forest Ownership” as shown on the treatment area map.
Protection of 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 Contracting Officer if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Contracting Officer 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 the 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.
(5) Prevention and Control of Soil Erosion - The Contractor shall minimize soil erosion. No below ground surface disturbance is expected with this project. No soil excavation is allowed. Additional Erosion Control Measures are included in Section H.
(6) 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 Government 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.
(7) Soil protection – All operations will be conducted during winter soil conditions. Generally, campground roads will be used for forwarding trees. Any forwarder trails needed off the existing roadways will be by agreement. Tracked equipment and/or tire chains will not be permitted in the treatment area. Soil excavation will not be allowed.
(8) Gate Closure – Generally, the gates will remain open to provide access for public use to Dickey Lake and the campground. However, when agreed to by contract inspectors, the Contractor may close gate(s) within the campground, for a limited time to protect the public.
(9) Limited Operating Period - No contractual operations shall occur during the General Hunting period of October 15 through November 29.
(10) The Contractor shall complete all tree and slash removal by March 31, 2011
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 – 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/ 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 there is no subsurface soil damage occuring, the campground facilities are being protected, all logs and logging slash is being removed from the campground 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
(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 entire tree removal. 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
I - Treatment Area 1*** January 1, 2011(NTP)*
March 31, 2011** *(NTP) The Contracting Officer will issue a Notice to Proceed as soon as practicable following contract award. At the time the NTP is issued, the COR shall notify the Fortine District archeologists of the contractors schedule of operations.
**unless weather conditions are not conducive to “winter soil condition” definition.
The Contractor shall maintain progress at a rate, which will assure completion of all work by the completion date.
***Refer to Limited Operating Periods in section (H-9)
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 – POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at the Murphy Lake Ranger Station.
G-2 – MEASUREMENT AND PAYMENT
(a) Measurement. The acreage of each unit was made using Global Positioning System measurements.
(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.
| Requirement |
| Performance Standard |
| Method of Assessment |
| Incentive/Deduction |
| Felling |
| All trees marked with blue paint will be fell. |
| 100% inspection |
| Rework to correct defiencies. |
| Entire Tree Yarding |
| Using a forwarder, transport unprocessed tree or portion of tree, to an agreed landing location. |
| Visual inspection |
| Rework to correct defiencies. |
| Flushcut stumps |
| All stumps will be cut level with the ground accept where obstacles prevent flush cutting or those left for “sitting stumps”,C-5(1)(b). |
| 100% inspection |
| Rework to correct defiencies. |
| Entire Tree Removal |
| Slash from processed logs and all non-merchantable material will be removed from the processing area. |
| 100% inspection |
| Rework to correct defiencies. |
| Requirement |
| Performance Standard |
| Method of Assessment |
| Incentive/Deduction |
| Noxious Weeds Control |
| Equipment to be washed and free of dirt and weeds. |
| 100% Inspection |
| Equipment not permitted to enter treatment area until it passes inspection. |
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 - UTILIZATION AND REMOVAL OF INCLUDED PRODUCTS
Included Timber –The Forest Service agrees to sell and the Contractor agrees to purchase, cut and remove all Included Timber as located and described in Table 1 of section H-1, of this service contract, including all pieces that meet minimum piece specifications, and as shown on the Project Area map. Designation(s) for cutting is(are) shown and described as follows:
Individual Tree Mark. Trees marked with yellow paint and stump mark are designated for cutting. Trees marked with a black X have been undesignated and are not to be cut.
Utilization and Removal of Salvageable Material. Any salvageable material shall be purchased from the Government under the terms stated under Utilization Standards.
Utilization Standard. Utilization Standards for trees and minimum pieces are shown in Table 1 below and described as included timber. Technical proposals shall describe the type of ground based logging systems and equipment that will be used to cut and remove this material. All utilizable material (products) to be removed will be purchased from the Government and paid for at lump sum value and a Bill for Collection will be issued. Payment must be received prior to cutting and removing any material.
TABLE 1
UTILIZATION STANDARDS
Minimum Specifications
| Tree |
| Piece Required to be Removed |
| Species |
| Product |
| Unit of Measure |
| DBH |
(Inches) No. of Min. Pieces Per tree Length (Feet) D.I.B. at small end (Inches) Net Volume in % of Gross Volume Maximum Stump Height
(Inches)
| DF and Other |
| Sawtimber |
| CCF |
| 7.0 |
| 1 |
| 8.0 |
| 5.6 |
| 10.67 |
| 12 |
| All live & dead species except for Cedar |
| Non-Sawtimber |
| CCF |
| 4.0 |
| 1 |
| 8.0 |
| 2.5 |
| 50 |
| 12 |
Sawtimber is the boles of trees meeting Sawtimber Product specifications as listed in Utilization Standards of Contract, Table 1.
Non-sawtimber is the boles of trees meeting Non-sawtimber Product specifications as listed in Utilization Standards of Contract, but that do not meet the minimum piece specifications for Sawtimber Products. Non-sawtimber removal is required in all Items.
Non-sawtimber products include the top portion of a saw log tree and those trees less than the minimum sawtimber specifications (Table 1 - UTILIZATION STADARDS) , and containing at least 50% pulpable wood fiber in terms of gross cubic volume. Defective logs that break up under normal handling operations are not considered pulpable.
The stumpage charges for utilized material is set at $18.46 per ccf for sawlog and $1.00 per ccf for non-sawlogs. (refer to Section J-2, Included Timber).
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-3 - SLASH TREATMENT
Slash will be removed from the treatment and processing area. Burning of slash will not be permissible.
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 any below surface disturbance results. The kinds and intensity of erosion control work done by the Contractor shall be directed by the Contracting Officer Representative when deemed necessary.
H-6 - EROSION CONTROL SEEDING. Following completion of forwarding and yarding operations in an area, Contractor shall seed and fertilize all exposed areas of raw soil on forwarder trails, and landings, as directed by the Contract Officer Representative.
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:
| Species of Seed |
| PLS Pounds per Acre |
| Annual Rye or Winter Wheat |
| 18 |
| Hard Fescue |
| 6 |
| Orchard Grass |
| 6 |
| Total |
| 30 |
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:
| Type of Fertilizer |
| Pounds Per Acre |
| 25-10-10 or 27-12-12 or 34-16-10 |
| 240 |
H-8 - 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.
H-9 – LIMITED OPERATING PERIOD
Except when agreed otherwise in writing, Contractor’s operations shall be limited as follows:
For Item (I), Treatment Area 1. No operations allowed between May 1 - November 30th.
PART II--CONTRACT CLAUSES
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, Destructiion 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 description of the overall purpose and expected outcomes or results of the contract, including…
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