Solicitation.doc

AG-82X9-S-09-10-0033

Mystic –Mad Dog 2010 POL

BHNF

AG-82X9-S-09-10-0033

Mystic –Mad Dog 2010 POL

BHNF

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Price Total

Price

Lowden-2 units #1- #3

Slate-1 units #1 - #8

Slice unit #1

24’ X 24’ Spacing to 9” DBH Adjacent to Slice unit #1

Total…$_______________

Pricing schedule notes:

a. Unit prices prevail.

b. Contractors shall provide a proposal on both items.

c. Delivery and acceptance shall run consecutively for both items

COMPLETE THE FOLLOWING INFORMATION

DUNNS #

Non Discrimination Statement

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

PART 1 - GENERAL

Background - The purpose of this contract is to secure a complete set of services to accomplish stand treatments for a variety of forest health and fuels issues. The work units are spread across the district. (See attached maps) The contractor shall cut, and in some units remove Products other than Logs (POL) A contractor’s proposal shall address whether a portion of a unit is inoperable with equipment, and address what percentage of the unit would require lop & scatter of slash as opposed to initially Removal to Landing if required. See Section J, Exhibit A for Limited Operating Period’s (LOP) and Operating Restrictions for performing work.

The project contains 2 items in 13 work units totaling 1,338 acres. The locations of the work units are shown on the Project Map attached in Section J as Exhibit B. Locations of the work units on the maps are approximate, and locations of the work units on the ground take precedence over the locations of the work units on the Project Maps.

The contractor shall, considering given resource objectives for the work unit, develop a plan of operations to accomplish these objectives, and organize and direct all of the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, permits, licenses and incidentals necessary to complete the work required.

Additional Information - See Section J for a list of attachments to this solicitation and any resultant contract. See Exhibit A, Section J for the following additional information: Location, Description, Detailed Unit, Boundaries, Access, Limited Operating Periods & Operating Restrictions, Designation of Timber – Designation by Description Guidelines, Design, Road Maintenance, Cooperative Road Use, Erosion Control, Site Clean-up, Resource Protection Standards, Cleaning of Equipment, Safety, Landing and Skid-trails, Referenced Documents.

Part 2 Definitions

Additional Timber - Any saw log sized tree that is designated and agreed to by the Contracting Officer after contract award.

AQL (Acceptable Quality Level) – The maximum percent defective, or the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. Considered the allowable leeway or variance from a standard before the Government will reject the specific service.

Bearing Tree – A tree used to locate survey marker(s) or monument(s) and are protected from damage or cutting.

Best Management Practice (BMP) – A generic term which describes alternative structural or nonstructural practices in accordance with the published South Dakota’s Best Management Practices for the manual erosion control and management of surface runoff. These practices are combined with the Forest Service’s Region 2 Watershed Conservation Practices, and 1997 Black Hills National Forest Plan with amendments. Together, they collectively describe standards and guidelines for effective methods to reduce, control and limit non-point source pollution. These practices may be reviewed by visiting the Internet at this site: http://www.state.sd.us/doa/forestry/publications/bmp.pdf Best Value – The expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Biomass - Any portion of any tree, designated for cutting, which does not meet the utilization standards for Products other than Logs (POL) set forth in the contract. The anticipated product of this material is wood chip for fuel or mulch. This material includes non-saw log quality products. Biomass is sometimes referred to as Miscellaneous Convertible Products (MCP).

Boundaries - The exterior limits of all work units are marked with two horizontal strips of orange paint facing the area to be worked.

CCF – The unit of measure that representing 100 cubic feet, at which Products other than logs (POL) and biomass are sold by the issuance of a FS-2400-2 form.

Cut-tree - A tree that is designated by the contractor for felling using Forest Service Designation of Timber – Designation by Description Guidelines shown in Section J, Exhibit A. Cut trees are not marked by the Forest Service.

Damaged Trees - Any tree with one or more of the following injuries:

1. Any tree greater than 1” D.B.H. that has any bark cut or removed to the cambium at or over 50% of the circumference of the bole.

2. Any tree that has had 50% or more of the live limbs or branches broken or removed by any operation.

3. Leans more than 10 degrees due to contractor’s equipment or skidded material striking the tree.

4. Has the top knocked out.

D.B.H. – Diameter Breast Height. The diameter of a tree as measured at a point 4 1/2 feet above ground level on the uphill side of a tree.

Decked Material – All material due to size, which is required to be skidded to a landing. Material will be decked so that all trees lay in one direction, and the minimum height of the deck is 1 ½ times the size of the pile top.

Deferred Area – Non-treatment areas within or adjacent to the work unit boundaries. The deferred areas are designated with yellow and white striped flagging and yellow or orange vertical paint on the boundary. All trees within the deferred areas have no paint markings, and no trees may be cut within the deferred areas.

Down Log - Woody material exceeding 10 inches in diameter lying on the forest floor.

DSH – Diameter at Stump Height; the diameter measured at a point at ground level on the uphill side of the tree or stump (for mechanical thinning).

GHOST TREES – Trees 12” DBH or greater that are not used to determine correct spacing.

Improvement – All roads, trails, ditches, land survey corners, telephone lines, power lines, water lines, fences, buildings and structures, recreational development sites, research plots, septic systems, water guzzlers and similar items which the contractor must protect during operations.

Ladder Fuel – Any tree or portion thereof alive or dead that provides a route or path for fire to move from the ground into the crown or crowns of the residual stand.

Landing - Area used to stage un-merchantable biomass and merchantable POL/Biomass. May be used to load haul trucks with forest products for removal from the National Forest. Serves as a pre-approved location for machine or hand piling of landing slash. All landings shall be approved in advance of cutting and harvesting operations in a unit.

Leave Tree - Conifers planned to become part of the forest canopy in the long term. A leave tree is determined by both spacing and vigor of existing conifers. Any tree within the designated work unit that is not marked for removal is a leave tree. All leave trees shall be protected from damage during the Contractors operations.

Limited Operating Period (LOP) – The period of time in which no logging or noise generating activities may occur.

Miscellaneous Convertible Products (MCP) – Same as Biomass; see term defined above.

Non-Treatment Area - An area within the work unit where no cutting of trees or other activity may take place, unless designated to be done by the COR. Non-Treatment areas include deferred areas, streamside management zones (SMZ), meadows, areas outside the unit boundary not designated for trespass, for example.

Performance Based Contract – Structuring all aspects of an acquisition around the purpose of the work to be done with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise statements of work.

Performance Requirements Summary (PRS) – The PRS shows the contract requirements, the component requirements related to each contract requirement, may show the price of each work requirement as a percentage of the associated contract requirement (fixed price contract), the standard of performance, and the acceptable quality level (AQL).

Performance Standard – An acknowledged measure of comparison.

Product other than Logs (POL) – Segment of any Ponderosa Pine or White Spruce tree designated for cutting that ranges from 4 inches to 8.9 inches DBH. As well as any Ponderosa Pine or White Spruce that fails to meet wood utilization standards as being 1/3 sound material regardless of diameter or any tree meeting the definition of “Red Needle Bug Tree” without regard to diameter. The anticipated product of POL material is lumber, post and poles, clean and dirty chips.

Pruning – The removal of limbs via manual or mechanical means to a height of 8’ but not more than ½ the total height of the tree on all leave trees greater than 2”DBH.

Quality Assurance Surveillance Plan (QASP) – An organized written document used by Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirement summary (PRS).

Quality Assurance (QA) - Actions taken by the Government to inspect or check goods and services to determine that they meet or do not meet the contract requirements.

Quality Control Program (QC) – Contractor’s system to control the equipment, systems, or services so that they meet the contract requirements.

Red Needle Bug Trees – Any Dead tree exhibiting entirely red needles as a result of a mountain pine beetle infestation.

Removal to Landing – Movement of biomass and POL to an approved landing.

Snag – A standing dead tree, in any phase of decomposition that is at least 10” D.B.H. or greater and at least 10’ tall. The desired height of a snag is 25’ or greater; where none exist in this height then retain the tallest size available at least 10’ or greater. In Ponderosa Pine stands, retain an average of 4 snags per acre on North and East slopes, and keep 2 snags per acre on South and West slopes. In the absence of a snag, a tree with clear indications of some sort of declining condition (generally in the top 1/3), which will ultimately result in the creation of a snag, is applicable. This contract does not deal with snags except where decisions are made for cut or retain with regards to landings and skid trails.

Shear - To cut, fell, sever a tree bole from its base.

Skid Trail - A travel way for skidding equipment used to move products to the landings.

Slash – All contractor-created woody debris within the work unit is slash. This also includes pre-existing woody debris less than 9.0” D.B.H.

Water bar - An earthen barrier constructed to divert water runoff and prevent soil erosion.

Work Units – These are the areas delineated on the National Forest by two horizontal orange paint strips spray painted on the bark of a tree, and these strips face into the unit. Cutting and harvesting activities are to occur within the perimeter of this boundary.

Wildlife Tree – A live green tree with evidence of wildlife cavity use, nesting, or raptor activity. These trees may be marked with a brown metal tag with” Wildlife Tree” displayed, or can be shown with “WL” painted in blue color on the bark. These trees are protected from cutting or harvest.

PART 3 – GOVERNMENT FURNISHED PROPERTY

PART 4 – CONTRACTOR FURNISHED UNIQUE PROPERTY, REPORTS, DATA

In addition to the general services to be supplied by the Contractor listed in Part 1 of this contract, the Contractor shall be required to provide the following items as part of this contract: (1) documentation specified in Section J., Exhibit I

PART 5 – TASKS AND CRITICAL SUBTASKS

This part of the contract identifies the critical tasks and subtasks required in the contract. It also specifies the quality standard of each task and related subtask, as well as the acceptable quality level for each task and related subtask, the means of measuring the level of quality and any penalties or incentives associated with the level of quality.

Quality Work Standards for Thinning And Related Subtasks

Thinning with Lop and Scatter - Within all work units specifying this treatment the Contractor shall cut all trees designated for cutting that are from 3 to 6.0 inches DBH as well as all trees from two feet in height up to 2.9” DBH shall be cut unless they qualify as leave trees. The resulting activity slash shall be lopped and scattered to a depth of not more than 12“

Thinning & removal - Within all work units specifying this treatment the Contractor shall cut all trees designated for cutting that are from 4 to 8.9 inches DBH. All trees which range from two feet in height up to 3.9” DBH shall be cut unless they qualify as leave trees per Section J, Exhibit A, Designation of Timber – Designation by Description - desired leave tree specifications. These specifications are applied to all trees in the work units to establish cut and leave trees. All Trees 4”DBH –9” DBH shall be removed from the stand to a landing designated by the COR. The work will be performed in a manner that will not damage the residual leave trees The Forest Service, prior to any felling and skidding, will approve skid trails and landings. The Contractor shall not leave any cut material on the ground for more than 6 weeks, unless otherwise agreed to by the Forest Service. See Section J, Exhibit A, for Designation of Timber – Designation by Description for desired leave tree specifications.

Stump Height – Trees shall be cut below the bottom of the lowest green branches. Within all work units the cut trees shall be cut so the stump height will not exceed 6 inches measured from the ground on the uphill side or 4 inches above natural obstacles (boulders, down logs, etc.) unless otherwise agreed in writing. High stumps resulting from the contractors operations shall be trimmed by hand and the trimmed stump removed from the work unit. Stump shall be cut to an angle that is less than 30 degrees from horizontal.

Ladder Fuel – In all work units the contractor shall fell all ladder fuels and treat slash to comply with specifications for activity slash in the unit.

Lopping – In all work units that do not specify all biomass and all POL removal the Contractor shall fell all trees from two feet in height to 3.9 inches D.B.H. that did not qualify as leave trees. This material and pre-existing slash is to be treated either by hand or mechanically so that the slash height shall not exceed 12 inches above the ground surface. Boles of this material shall be bucked up into lengths 6’ or less. It is preferred that lopped slash not touch the base of the leave tree. Slash which cannot be moved from inoperable areas shall also be treated to 12”.

Pruning – In units where pruning is specified all leave trees greater than 2” DBH shall be pruned to the specified height. Pruning shall be accomplished in such a manner as not to damage the bole of the tree. The resulting activity fuel will be treated in the manner as prescribed for the unit.

Snags, Bearing Trees, and Wildlife Trees – All snags and wildlife trees are to remain unless they are a safety hazard to crews working. Should such trees obstruct landings, haul roads or skid trails, they shall not be cut unless permission from the C.O.R. is given. Requests to cut Bearing Trees will be reviewed by C.O.R. with the Forest Surveyor for possible mitigation action and costs of re-establishing said bearing object.

Machine Pile Landing Slash – All cut material and slash generated from landing operations shall be either removed or machine piled for burning. The Contractor shall utilize a brush rake with teeth, which extend at least 10” below the cutting edge to pile landing slash. Piles shall be neat, compact and reasonably dirt free to facilitate burning by the Forest Service. Landing piles shall have a fire line constructed around the pile down to mineral soil at least 6’ wide. All burn piles shall be located so that burning will not damage standing trees, snags, or improvements.

Erosion Control – Erosion control measures shall comply with BMPs and other pertinent sections of this contract. Water bars will be installed on all skid trails, landings and temporary roads as needed.

Soil Compaction – To reduce the risk of soil compaction due to mechanical activity associated with the cutting and removal as well as possible mechanical slash reduction activities, units will only be mechanically cut and material removed when soil surface is dry, snow cover exists, or frozen ground conditions are present. Hand felling is permissible during wet periods.

Period of Performance – All work will be completed within the timeframe indicated in Section F.1 Period of Performance.

Acceptable Quality Level for Thinning And Related Subtasks – 95% of all stems two feet tall or larger which are designated for cutting are cut and removed. No leave trees are cut or removed. No more than 5% (cumulative) of the residual leave trees are damaged by the contractors operations. 95% of cut stumps are within the specified stump height. 95% of all trees designated for lopping are cut and bucked or mechanically treated to contract specifications. If Removal to Landing is the final destination, 95% of all material is moved to the landings. All work is completed within the specified contract time.

Means of Quality Measurement – Visually review contractor’s work, and perform random sampling if necessary. Contractor generated inspection records may be reviewed by the Government for results

Penalties and Incentives – As per table below.

Penalties for Un-Acceptable Work By The Contractor – (1) Contractor shall rework at no cost to the Government all work performed which does not meet the minimum acceptable quality level. (2) Contractor shall bear the cost of extra inspections (at rate of $30/hour per inspector & .25/mile) by the Government if the Government has to perform extra monitoring of the Contractors work. (3) Government may accept the Contractors work, but at a reduced payment rate. (4) The Government may secure the services of another contractor to bring the Contractor’s work up to the acceptable quality level prior to final payment, with the Contractor paying for the rework by second contractor. (5) The Contractor shall pay for excessive damage to leave trees within the work units.

Incentives for Acceptable Work By The Contractor – The Contractor shall receive a good performance rating and receive recommendations for awards of similar work in the future.

PART 6 – PUBLICATIONS, REFERENCED

Forestry Best Management Practices for South Dakota Latest Edition

PART 7 – PERFORMANCE REQUIREMENTS SUMMARY (PRS)

MONITORING METHOD

PENALTIES AND INCENTIVES

Only payment at the full contract price will be made. When the quality of the Contractor’s work falls below AQL tolerances, the Contractor will be required to rework the unsatisfactory areas of the unit to bring the quality of the work up to the AQL. When areas of unsatisfactory performance are reworked, the Government will re-inspect the areas.

This is a performance-based contract. If the contractor does not perform satisfactory work quality that meets the specifications for payment at full contract price, Forest Service reserves the right to withhold payment until work is brought up to standard; or make partial payment based upon the work delivered.

Stump Height

MONITORING METHOD

PENALTIES AND INCENTIVES

Designation by Description Guidelines

Stated in Section J., Exhibit A.

As stated above.

MONITORING METHOD

PENALTIES AND INCENTIVES

5.4

Documentation

(From Contractor)

This is a performance-based contract. If the contractor does not perform satisfactory work quality that meets the specifications for payment at full contract price, Forest Service reserves the right to withhold payment until work is brought up to standard; or make partial payment based upon the work delivered.

Suppression Plan

(optional submission)

5.4.3.

Fire Precautionary

Plan

5.4.4.

Safety Plan, written (optional submission)

5.4.5.

Quality Control Program Plan & Schedule

5.4.7.

Road Mtce., Dust Abate., & Traffic Plan

SECTION E–INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE

Acceptance of Products other than Logs (POL) and Biomass Tree Thinning:

Tree Thinning of material from 4 to 8.9 inches DBH will be accepted when a visual inspection or inspection plots determine that the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. Trees which range from two feet in height up to 3.9” D.B.H. shall be cut unless they qualify as leave trees per Section J, Exhibit A, Designation of Timber – Designation by Description – desired leave tree specifications. These specifications are applied to all trees in the work units to establish cut and leave trees. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the Task and Related Subtask are unacceptable, and may not be accepted.

Acceptance of Lopping of Material from two feet tall to 3.9 inches DBH:

Cutting and lopping of this non POL and Biomass material will be accepted when a visual inspection or inspection plots determine that the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the Task and Related Subtask are unacceptable, and may not be accepted.

Acceptance of Fuel Break Construction:

Fuel Break Construction will be accepted when a visual inspection or inspection plots determine that the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the Task and Related Subtask are unacceptable, and may not be accepted.

Acceptance of Erosion Control:

Erosion control will be accepted when it is determined by the walk-through inspection that 95 percent or more of the work in the unit is acceptable, complying with all pertinent sections of the contract. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units with inspection results less than 95 percent will not be accepted and must be re-worked.

SECTION F–DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work must be completed within the specified number of days from the day the notice to proceed is issued, for the Items awarded. Refer to Schedule of Items (Part1 Section B) for time allowed for each bid item.

Special Contract timing provisions:

1. There is a seasonal road closure in place from December 15 thru May 15 annually. Access is provided thru locked gates, which the contractor shall maintain as closed.

2. Special Use Areas operations shall be restricted to the period between September 15th and May15 th..

Service contract work shall be performed in accordance with the order of preference approved by the Contracting Officer Representative. The Contractor shall maintain progress at a rate, which will assure quality and completion within the service contract time specified above. Whenever the Contracting Officer Representative determines that the soil moisture or physical conditions have become unsuitable for equipment operation on any area the contractor shall move the work force to another area as prescribed by the Contracting Officer Representative. When no other area is available, the Contracting Officer Representative will issue a Suspend Work Order for the item and the count of contract time will stop for that item. When conditions are again favorable, the Contracting Officer Representative will issue a verbal Resume Work Order and confirm the verbal order in writing. The count of contract time will resume on the day indicated by the Contracting Officer Representative. It is the Contractor’s responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor’s Representative may be reached by phone during periods of work suspension. If the Contractor cannot be reached at the number provided, or the Contractor fails to leave a number, a written Resume Work Order will be mailed and the count of contract time will resume on the date specified on the Resume Work Order.

F.2 IN-OPERABLE PERIOD

During inoperable periods the Contracting Officer may authorize a total suspension until such conditions have passed and work can proceed, upon written request by the Contractor.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 MEASUREMENT

G.1.1. Methods of Measurement Acreage was measured on a horizontal plane using a Global Positioning System.

G.1.2 Re-measurement Unless otherwise indicated by this contract, the contractor may request re-measurement 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 re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G.2 PAYMENT

G.2.1 Payments and Deductions Payment will be made at the full contract unit price for each Task and Related Subtasks where the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. See Acceptable Work Quality Level for Thinning And Related Subtasks.

Work by the Contractor which does not meet the Acceptable Quality Level for the task and related subtask is unacceptable and may not be paid for, depending upon damages suffered. If the Contractor does not perform rework to bring their work up the acceptable quality level, at a minimum, the Government will do the following: (1) Determined what it would cost to secure services to bring the Contractors work up to the described “Acceptable Work Quality Level for Thinning and Related Subtasks”, and the cost of performing this work will be deducted from the contract price; (2) make deductions from the contract price for unacceptable damage; (3) damages for work that cannot be redone will be determined by the Contracting Officer and the amount of these damages will be deducted from any payment to the Contractor.

If the Government determines that the Contractor is doing an inadequate inspection of their contracted services, and the Government is forced to spend more than a reasonable amount of time inspecting the Contractors work, the Contractor shall pay for the Governments increased inspection time. Contractor shall bear the cost of extra inspections (at rate of $30/hour per inspector & .25/mile) by the Government if the Government has to perform extra monitoring of the Contractors work.

G.2.2 Damage:

Damage to trees in excess of 5% of the number of leave trees will be considered excessive, and the Contractor will be charged $10.00 per damaged leave tree beyond 5%. As determined by expansion of plot data or individual tree count, which ever method the Forest Service determines to use.

G.3 ADDITIONAL TIMBER PAY RATE

ADDITIONAL PAYMENT FOR GREEN TREES CUT SUBJECT TO

AGREEMENT

(a) Additional trees that may need to be removed for landing or skid trail construction or timber that may be accidentally damaged during the operation will be paid for at the following rates:

9.0 inch D.B.H. and greater – Pricing will be determined from the R2 Timber Sale Appraisal Bulletin (R2, Zone 2, Black Hills Zone, BU 221109 dated (November 20, 2009) and the current adjusted base period price is $30.60/ccf for Ponderosa Pine.

G.4 CUTTING UNDESIGNATED TREES

The Contractor shall pay for cut or damaged merchantable timber (9.0 D.B.H. or greater) meeting Utilization Standards as follows: (a) double the Payment Rate in Clause G.3, Additional Timber Pay Rate (paragraph 2), for undesignated trees unnecessarily cut or unnecessarily damaged. In view of the difficulty in determining the actual damage to the United States, the amounts specified above shall be considered liquidated damages; provided, that, if such damage involves small amounts of material, and in the judgment of the Contracting Officer or designee, is justified by existing conditions, the payments may not be required.The Contracting Officer or designee shall determine rates per unit of measure for standing POL or other forest products (MCP) if they are not Included Timber using the standard Forest Service appraisal methods and appraisal data in use at time of the damage calculation. In addition to liquidated damages, if designated for removal by the Contracting Officer or designee, the Contractor shall make payments at the rate determined above. The right, title, and interest to any product for which payment of liquidated damages has been made or which has been regularly paid for, cut, but not removed, shall remain in or revert to the United States if not removed from the project area at the expiration or termination of this contract.

Post Award Conference A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at the Mystic Ranger District office located at 8221 S. Hwy. 16, Rapid City, SD 57702.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1 WORK PROGRESS SCHEDULE

The Contractor shall be required to present at the prework conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it. If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

H-2 CAMPING

Camping is not permitted in U.S. Forest Service campgrounds. The Contractor may be permitted to camp elsewhere on U.S. Forest Service Land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with permit issued by the District Ranger.

H-3 NOTIFICATION OF ABSENCE

The Contractor shall notify the COR when intending to leave the project area for 5 or more consecutive calendar days and also when planning to return to the project area. Failure to give notice as required herein may be considered as abandonment and could place the Contractor in danger of default termination.

H-4 LANGUAGE REQUIREMENT

The Contractor’s on-site Representative MUST be fully conversant in the English Language.

H-5 EROSION CONTROL

When determined by Forest Service, Contractor shall (1) avoid operating equipment when soil conditions are such that excessive damage will result; (2) construct erosion control structures as needed to control erosion; (3) repair promptly any existing erosion control structures damaged by Contractor’s operations; (4) complete seasonal erosion control work prior to suspending operations; and (5) perform other soil erosion control work as may be required under this contract.

Prior to suspension of operations or seasonal periods of precipitation or runoff; Contractor shall smooth landings, remove ruts from roads and construct cross ditches, water bars, water-spreading ditches on landings and roads where staked or otherwise marked on the ground by Forest Service. If Contractor fails to do seasonal erosion work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service. Any money deposited or used for this purpose shall be on the basis of cooperation or assistance (16 U.S.C. 572).

SECTION I

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (FEB 2010)

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

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

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

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

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

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

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

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

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

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

_X_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

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

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

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

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)).

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

_X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

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

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

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

___ (30) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

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

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

___ (32) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (40) 52.232-36, Payment by Third Party (FEB 2010)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sept.2009)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sept 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

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

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SECTION J – LIST OF ATTACHMENTS

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following hereto form a part of this solicitation and any resultant service contract:

EXHIBITS

Exhibit A Additional Contract Information

Exhibit B

General Vicinity Map Exhibit C

Detailed Unit…