AG-82B1-S-10-0265-Lowry Mast-404 acres-.pdf

PART I - SCHEDULE OF ITEMS

SECTION B - SUPPLIES OR SERVICES, AND PRICES/COSTS

ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE

TOTAL

PRICE

A

Unit 1 Cut or masticate live and dead trees to required spacing

Acre $

B

Unit 2 trees to required spacing

Acre $ $ C

Unit 3 trees to required spacing 116 Acre $ $ D

Unit 4 trees to required spacing 97 Acre $ $

TOTAL 404 Acre $ $

PART I – THE SCHEDULE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.1.1 - Description of Work:

This contract provides for fuels reduction/modification on 404 acres. The objectives are to reduce tree densities within the project area to approximately 10-15 trees per acre, a spacing of 54’ – 66’ apart. This contract is a mastication project C.1.1.2 - Contractor Responsibility:

The Contractor shall provide everything--including, but not limited to: all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description Location: The project area is Ely Ranger District of the Humboldt-Toiyabe National Forests and is in the east-central Nevada. Township and range is T15N, R63E Mount Diablo base.

C.2.1 Unit Descriptions:

The project consists of 4 units within a pinyon and juniper plant community with boundaries marked with pink flagging. Slopes within the treatment units are predominately less then 30%.

Any archeological sites within the unit are marked with white flagging. No activities are allowed in identified archeological sites.

All the units A through D are generally covered with sagebrush, pinyon and juniper trees.

Any known noxious weed sites will be flagged and avoided, these sites will be flagged with white flagging.

Any known bird nest sites will be flagged and avoided, these sites will be flagged with white flagging.

C.2.2 Accessibility:

Roads are accessible with a four-wheel drive vehicle after snowmelt. The Government assumes no liability to perform special road maintenance to keep roads open to the project area. Vehicles must stay on designated roads.

C.2.3 Exclusions (non-work areas).

1. Any area within the unit designated, as a non-treatment area to provide wildlife habitat, nest sites, archeological sites, and sensitive watershed areas will be identified with white flagging.

These areas may include single trees, clumps of trees and/or brush.

2. Meadows and wet areas. This includes any areas with wet soils or vegetation indicating the presence of wet soils. The COR shall designate these areas on the ground with white flagging.

3. Survey monuments and bearing trees shall be protected and not damaged in any way.

4. All specified roads shown on contract maps should be left in the original condition existing prior to the commencement of work on this contract. Excessive slash cannot be left in the roadways after end of each workday. All cut vegetation shall be kept within the unit boundary.

Warning signs (at least two) shall be posted on roads. These shall be located 200’ from the intersection of the road and unit boundary at each edge of the unit. Signs shall be posted whenever working to alert oncoming traffic/public of the safety hazards associated with the operation. Signs shall include phrases similar to “Caution, flying debris stay back 300 feet” and be no less than 3’X3’ in size. Signs cannot be home-made.

5. Any slope greater than 30% will not be treated.

C.3 Maps A project map showing the general vicinity and project units is included in section J. Acreage of the units was determined by calculations based on a horizontal plane using GPS technology. The project maps are intended to show the general shape and location of the work area. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of the stream zones and topographic features, when shown, also may be approximate.

C.4 Estimated Start Date & Contract Time Estimated start date is May 3, 2010, estimated contract time is 182 days (September 30, 2010).

C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here.

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, included in Section J Exhibit C.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. When snow conditions are such that it is too difficult to see what to cut or to deep to inspect the site. The Contracting Officer or Contracting Officer’s Representative will make this determination. When such conditions exist, the Forest Service will issue a written Suspend Work Order.

4. When ground conditions are too wet to continue operations without sustaining resource damage to soils. The Contracting Officer or Contracting Officer’s Representative will make this determination. When such conditions exist, the Forest Service will issue a written Suspend Work Order.

5. Servicing and refueling of equipment areas shall be located outside of SMZ’s (Stream Management Zone) or 100 feet from other wet areas. In case of a HAZMAT spill, the material shall be immediately contained and the Forest Service shall be immediately notified.

6. Within the item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas. These areas will be flagged with white flagging.

C.6 Licenses and Insurance Before work may begin on this project, the Contractor shall provide the documentation required in this section. Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the contract may be terminated for default in accordance with the clause governing default (termination for cause). The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [] does [X] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [] will [X] will not be permitted to camp elsewhere on US Forest Service land. Contractor will be permitted to camp only in specified areas on US Forest Service land as approved by the District Ranger. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

C.8 Technical Specifications

C.8.1 Definitions

C.O.R. - Contracting Officer's Representative.

DBH - Diameter at breast height; the diameter of a tree measured at a point 4-1/2 feet above the ground on the uphill side of the tree.

Slash - All debris resulting from operations including boles, stems, limbs and tops of trees.

Streamside Management Zone (SMZ) - Riparian area protected during logging, mechanical treatments and site preparation. .

Average Spacing – The average of the distance between all leave trees necessary to provide the desired number of leave trees per acre.

Vegetation – pinyon, juniper, mountain mahogany, brush species.

Leave Tree –Live pinyon and juniper trees left at the average specified spacing, undamaged and in good health.

Old growth – A tree that is over 200 years old, usually found in rocky areas where vegetation is sparse and natural fire frequency is low. Some typical characteristics of old growth trees are:

Crown is flat, round, broad at top, or irregular (as opposed to more pointed tips of younger trees).

Dead top Numerous dead branches Large diameter lower limbs Bole (and sometimes lower branches) has spirally-twisted and deep furrows.

Hollow bole Old growth trees have all of the above features, but more common will have at least two or three.

Also, old growth tree in not always the largest tree, on drier, rocky sites the can be short, stubby and gnarly.

C.8.2 Specifications

No mountain mahogany will be cut

C8.2.1 Mastication Standards

1. Treat all trees two feet and taller down to specified tree spacing criteria.

2. All vegetation and slash identified to be treated shall be cut at a maximum of 6 inches above the normal plane of the ground (measured at stump height on uphill side). No live or dead limbs will be left on the stumps of masticated trees.

3. No slash and other vegetative debris shall be more than 6 inches deep as measured from the ground level.

4. Specifications for cut material (slash) shall be:

50 % shall be less than or equal to 6 inches in length.

40 % shall be less than or equal to 2 feet in length.

10 % may be from 2-4 feet in length.

5. All masticated or cut vegetation shall be kept within unit boundaries.

6. Any masticated or cut vegetation falling into ditches, roads, road banks, trails or adjacent units shall immediately be removed by the end of the day.

7. No masticated or cut material shall lean against or be suspended by leave trees.

8. Vegetation that is within 2 ft. vertical or horizontal of any obstacle such as large rocks or fences will not require treatment.

Treatment Specifications by Area: Units A through D will have the same tree spacing (thinning) prescriptions.

Unit Number

Label Prescription

A through D Mastication Treatment of trees (pinyon and juniper) leaving a spacing of leave trees at approximately 54-66 feet from one another, 10-15 trees/acre.

Leave trees in order of preference; 1- Old growth pinyon, 2- Old growth Juniper, 3-young juniper, 4- young Pinyon.

C.8.3 Contractor-Furnished Equipment Contractor furnished equipment shall be on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. Machine shall be free of fluid leaks and have hoses in good operating condition. Machine must be free of noxious weed seed, machine shall be pressure washed or steam cleaned prior to moving onto National Forest Lands. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and spill cleanup are the responsibility of the Contractor and shall be at their expense. If during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs in a timely manner.

The equipment shall be of low ground pressure type, which meets the following specifications:

1. Ground pressure shall not exceed a maximum of 12 psi.

2. Machine shall be equipped to properly perform the work described in the scope of the contract.

3. Tracked vehicle and or rubber wheeled.

4. Mastication machinery shall be equipped with a mulching head able perform the work described in the scope of the contract.

5. Mastication equipment shall have a reach of at least 20’.

C.8.4 Government-Furnished Property- None. See Section G.

C.8.5 Public Safety- The contractor shall provide for public safety when operating equipment within 200 feet of open roadways and behind homes.

Safely operate equipment while working near the road so no material enters the roadway.

Provide cautionary signs warning of hazardous work ahead. Warning signs will be placed not less than 100, or more than 200 feet from the unit so as to be visible to oncoming traffic or recreational users. Signs shall be a minimum of 3 feet by 3 feet in dimension and warn the public of the possibility of flying debris. Home- made signs are no acceptable.

Before operating equipment near homes or other structures the contractor shall:

1. Safely operate equipment so no material is thrown onto the property of nearby residents.

C.8-7 Road Maintenance- None

SECTION D – PACKAGING AND MARKING

{There are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

Work not completed to contract specifications shall be rejected and reworked without additional compensation to the Contractor.

E.1 Sampling [X] Plots. At least one percent of each treatment area will be sampled by a random series of nested plots distributed over the entire area. Plot size will be:

[ ] 1/250 acre [ ] 1/100 acre [ ] 1/50 acre [ ] 1/10 acre [X] other (specify) 1/30 acre (21.5’ radius)

[ ]Transects.

[ ]Other (specify)

E.2 Specific Inspection Procedures

E.2.1 Inspection of plots – Each plot will be randomly selected, given equal weight and inspected for the following listed below. A final percentage will be determined from the plot results for 1) Crop Tree Selection and 2) Mastication and Slash Treatment.

E.2.2.2-Upon inspection of all plots, the quality of thinning shall be calculated as follows:

# of passing plots ---------------------- X 100 = Quality % # of total plots

E.2.3 Mastication and Slash Treatment for all Items

E.2.3.1 – A visual inspection will be made for the following. Item A and Item B will be averagved together for % quality:

http://www.arnet.gov/far/�

A- at each plot location, mastication or tree removal and slash treatment will be examined to see if it has been treated according to the specifications in Section C8.2.1 and/or Section C8.2.2. If any of the specifications are not met within the plot, the plot will fail.

E.2.32 - Upon inspection of all plots for a unit, the quality of mastication and slash treatment shall be calculated as follows:

# of passing plots for A + # of passing plots for B -------------------------------------------------------------- X 100 = Quality % # of total plots taken of A + B

E.2.4 Quality % After finding a percent for Crop or Cut Tree Selection and Mastication and Slash Treatment, the two treatments will be added together and averaged for a final inspection percentage. For example, a 95% for tree selection and an 86% for mastication and slash treatment will yield an overall inspection percentage of 91%.

( % tree selection + % mastication & slash treatment) / 2 = overall inspection percentage

E.3 Acceptance Level

Work on this contract will be deemed acceptable when the quality percentage is least 90 percent for acceptance for full payment. Where inspection determines quality is 80 percent and above, but below 90 percent, the work will be accepted at a rate reduction of 2 percent for each 1 percent the quality of work is below 90 percent. If the percentage falls below 80 percent due to inadequate treatment, the area may be reworked to bring the percentage up or no payment will be made for the work. The contractor shall pay for reinspection costs of reworked areas. A maximum of 2 reworks will be allowed on any sub item and only one may be allowed if two reworks are common.

E.4 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections.

The Contractor (or designated representative) is encouraged to be present to observe inspections.

Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable.

Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work promptly after receipt of a Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Estimated Start Work Date: June 3, 2010 Completion Date: September 30, 2010

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub items. Contractor shall complete all work on one sub item before proceeding to another.

[X] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

[ ] In the event of award of more than one item to one contractor, times will run consecutively.

Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. An officer of the firm should attend the pre-work meeting or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. [X] No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

B. [] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

Measurement Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[X] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement.

The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. The Government will do all remeasurements. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

A. [ ] Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

B. [X] Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

C. [ ] Liquidated damages will be charged as follows:

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices.

A. [X] Payment will be processed using Form FS-6300-30, Contract Pay Estimate and Invoice, prepared by the C.O.R. The Contractor need not submit any other invoice, nor is Contractor required to sign any invoice except the last.

B. [ ] Payment will be made from Contractor's invoice.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time)

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Wages [X] See Section J, Wage Determination [ ] As of this date, no wage determination applicable to this specified locality and class of service employees has been received. The minimum wage specified in the Fair Labor Standards Act is currently $5.15 per hour.

Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall 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 employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Emergencies Fire Plan

[ X ] See Section J, Fire Plan [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Maintenance -50 meters on either side of the centerline [ ] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in [X] (c) Special for this project: 100 feet around the perimeter of the unit being worked in

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance Contractor shall comply with all terms and conditions of a camping permit that will be issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified with white flagging before work commences.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed and inspected before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other public lands.

Other All gates and barricades that are opened or removed during contract time need to be re-installed prior to wet weather or when access is no longer needed. All cut vegetation falling into ditches, road banks, and landings; waterways, trails or adjacent units shall immediately be removed. No payment shall be made for sub-items not meeting these specifications.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2003) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.204-7 Central Contractor Registration (OCT 2003) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2005) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-8 Utilization of Small Business Concerns (OCT 2000) 52.219-9 Small Business Subcontracting Plan (JAN 2002) (Applicable if > $500,000) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $500,000) 52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and

Reporting (OCT 1999) (Applicable if > $500,000) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (SEP 2000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (APR 2002) 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (DEC

2001) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) http://www.usda.gov/procurement/policy/agar.html�

52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era

(DEC 2001)

52.222-41 Service Contract Act of 1965, as Amended (MAY 1989) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (DEC 2003) 52.227-1 Authorization and Consent (JUL 1995) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) 52.229-3 Federal, State, and Local Taxes (JAN 1991) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (JUN 1996) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (FEB 2002) 52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (OCT

2003) 52.233-1 Disputes (JUL 2002)--Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2004) 52.245-1 Property Records (APR 1984) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (SEP 1996) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 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)

FAR 252.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or http://www.nlrb.gov/�

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor- Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B- Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

This information is on file at the issuing office.

FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name: USDA NATIONAL FINANCE CENTER Telephone Number: (800) 421-0323 FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 90 days of final payment. This notice shall state either—

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

EXHIBITS

EXHIBIT A GENERAL VICINITY MAP

EXHIBIT B WORK AREA MAP

EXHIBIT C FIRE PLAN

EXHIBIT D WAGE DETERMINATION

ATTACHMENTS

ATTACHMENT 1 ADDENDUM TO FAR 52.212-5

EXHIBIT A – GENERAL VICINITY MAP

EXHIBIT B – WORK AREA MAP

EXHIBIT C

FIRE PLAN

(Ref: FSH 6309.32 and 6309.11)

1. SCOPE:

The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish a suppression plan for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down.

2. RESPONSIBILITIES:

A. Contractor

Shall abide by the requirements of this Fire Plan.

Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape.

Shall complete the Contractor's Plan Regarding Personnel and shall furnish the Contracting Officer (CO) with a copy prior to commencing work at the site. Shall currently advise the CO of any changes in personnel as the changes occur. Shall revise Section 6.B to reflect current activities upon request of the CO.

B. Forest Service

The Forest Service may conduct one or more inspections for compliance with the fire plan. The number, timing, and scope of such inspections will be at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above.

3. TOOLS AND EQUIPMENT:

A. The Contractor shall comply with the following requirements during the fire precautionary period as defined by unit administering contracts unless waived in writing:

The Fire Precautionary Period is May 1 to November 15.

Shall equip all diesel and/or gasoline-operated engines, both stationary and mobile, and all flues used in any contract and camp operations with spark arresters that meet Forest Service standards set forth in the National Wildfire Coordinating Group publication for Multiposition Small Engines, #430-1, or General Purpose and Locomotive, #430-2.

Shall furnish and have available for emergency use on each piece of equipment used in conjunction with performance of the work as listed below, hand tools and/or equipment as follows (CPRC 4427, 4428 and 4431):

(1) One shovel, one axe (or pulaski) and a fully charged fire extinguisher U.L.

rated at 2-A: 10-B: C, or larger, on each truck, personnel vehicle, tractor, grader and other heavy equipment. Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, stroke delimber, etc), except tractors and skidders, with at least two 4A: 80-B: C fire extinguishers, or equivalent. In addition, concentrations of wood dust and debris shall be removed from such equipment daily.

(2) One shovel and one backpack 5 gallon water-filled tank with pump with each welder.

(3) One shovel and one pressurized chemical fire extinguisher for each gasoline-powered tool, including but not restricted to chain saws, soil augers, rock drills, etc. Shovel must be kept within 100 feet from each chain saw when used off cleared landing areas.

(4) The Contractor is (X), is not () required to furnish a sealed box of fire fighting tools, to be located in the operating area, at a point accessible in the event of fire. This box shall contain:

o ___1___ 5-gallon, backpack pump-type fire extinguisher filled with water;

o ___1___ axes;

o ___X___ McCleod fire tools;

o ___X___ serviceable chain saw of three and one-half or more horsepower with a cutting bar 20 inches in length or longer;

o ___2___ shovels so that each employee at the operation can be equipped to fight fire.

The box shall remain unlocked, but be sealed with a Forest Service seal to be broken for emergency use only.

All tools and equipment required above shall be in good workable condition and shall meet the following Forest Service requirements for fire tools:

(a) Shovels shall be size "O" or larger and be not less than 46 inches in overall length.

(b) Axes (or Pulaski’s) shall have 2-1/2 pound or larger heads and be not less than 28 inches in overall length.

4. GENERAL

A. State Law. The Contractor shall comply with all applicable laws of the State of Nevada.

B.…