Solicitation.doc

AG-82X9-S-11-0155

Legacy 111 Black Hills National Forest

SCHEDULE OF ITEMS – SUPPLIES OR SERVICES AND PRICES/COSTS

TIMBER STAND IMPROVEMENT / FUEL REDUCTION

(ACRE)

BASE ITEM

OPTION ITEM

TOTAL

Operational restrictions for all Coulsen units are limited from May 1, through Dec. 15 of ea. yr.

The contractor is encouraged to treat the northern most units during summer months. All thinning units including the Option Item units shall be completed no later than October 28, 2014.

** Item No. 2 is considered an Option Item under this contract. The award of the Option Item acreage is solely based on the availability of additional funding. The Government has the right to award Any and or All of the optional item acreage at the contract rate. Additional time shall not be granted when awarding Option Item Acres.

Pricing schedule notes:

a. Unit prices prevail.

b. Contractors shall provide pricing on all items.

DUNNS #

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.

PERFORMANCE STATEMENT OF WORK (PWS)

TIMBER STAND IMPROVEMENT/FUEL REDUCTION

SECTION I – GENERAL

1.1 SCOPE OF WORK: This statement of work consists of conducting timber stand improvement, and fuels treatment with a selected activity of POL thinning. The contractor shall provide any and all labor, equipment, supplies, services, permits, supervision, workman’s compensation, unemployment, and transportation to accomplish projects on the Hell Canyon Ranger District, Black Hills National Forest. This statement of work consists of completing tasks in accordance with Section V, and performance requirements in Section VII.

1.1.1 PERIOD OF PERFORMANCE: All work including Base Item and Option Item acres shall be completed no later than October 28, 2014. No additional time will be granted for awarding of Option Item acres. Operational restrictions if required are listed in the Supplemental Specifications.

1.1.2 LOCATION DESCRIPTION: Project areas that are included under this contract are located on the Hell Canyon Ranger District, Black Hills National Forest.

1.1.3 LEVEL OF DIFFICULTY: Contractor is encouraged to visit each project area prior to submitting pricing to determine level of difficulty such as accessibility, terrain, slope, etc.

1.1.4 ACCESSIBILITY: Specific site maps identifying units and access roads shall be provided to the contractor upon request and will be included with the contract package.

1.1.5 BOUNDARIES: Each project shall be marked separately and all markings identifying units within a project will be identified in the Supplemental Specifications.

1.1.6 CONTRACTOR REPRESENTATIVE: The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who act for the contractor when the contractor is absent shall be designated in writing to the Contracting Officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL): The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE: A unit of service, which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE: Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER REPRESENTATIVE (COR): A Government person appointed by the Contracting Officer to assist the Contracting Officer with contract administration and surveillance of the contract.

2.1.6 GOVERNMENT INSPECTOR: A Government person appointed by the COR to assist the COR with surveillance of contractor performance.

2.1.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.8 QUALITY CONTROL: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

2.2 TECHNICAL DEFINITIONS

2.2.1 AVERAGE SPACING: The average distance in feet between desirable leave trees.

2.2.2 CIRCULAR PLOT: A sample plot within a thinning unit that is used to determine the number of desirable trees left in a plot in accordance with the Supplemental Specifications.

2.2.3 CUT & FILL SLOPES: Banks along the high or low side of established roadways.

2.2.4 CUT TREES: Trees that do not possess the characteristics of desirable leave trees, and are required to be cut.

2.2.5 CUT TREE CHARACTERISTICS: Cut trees shall be those trees that are not to be left as leave trees.

1. Crooked Bole - Those trees with deformation so pronounced that one straight, eight-foot piece cannot be cut from the bottom twelve feet of the tree.

2. Broken Tops - Treetops broken as a result of physical damage.

3. Trees with broken tops and live crown ratios less than 30%.

4. Trees which are overtopped and growing into the crown of an adjacent larger tree.

5. Trees without broken tops with live crowns less than 20%.

6. Bark Beetle infested trees or trees exhibiting signs of mountain pine beetle infestation.

2.2.6 DBH: Diameter of the stem measured at a point of 4 ½ feet above the ground level on the uphill side of the tree.

2.2.7 DECKING: Stockpiling of commercial and non-commercial sized cut trees in a designated area.

2.2.8 DEFICIENT TREES: Trees that have been cut, that should have not been cut.

2.2.9 DESIRABLE LEAVE TREES: Trees left because they possess desirable leave tree characteristics.

1. Dominant Trees – Trees, which are taller on the average when compared to other trees in the unit. These trees are not severely suppressed.

2. Co-dominant Trees – Trees of average height when compared to other trees in the unit. These trees are not severely suppressed.

3. Healthy Foliage – Foliage shall be dark green in color with a full crown or over 1/3 or more of the tree.

4. Straight Bole – The bole or stem of the tree shall be relatively straight. Trees shall have a single branch terminal.

5. Free of Physical Damage – Trees shall not have physical damage from fire, animals, or weather on more than ¼ of the circumference of the bole or more than three feet of the length of the bole.

6. Free of Disease Damage – Trees shall not have disease such as gall rust, peridermium cankers, and stalactiform rust. Symptoms of gall rust are galls on the branch and stem. Symptoms of peridermium cankers are the presence of cankers on the bole of the branches. Symptoms of stalactiform rust are elongated, diamond-shaped cankers and associated resinosis.

7. Free of Insect Damage – Trees shall not have insect damage from Mountain Pine Beetles or Ips Beetles. Symptoms of Mountain Pine Beetles are small red to yellowish pitch tubes (less than ¼ inch) and boring dust in bark crevices and round the base of the tree. Symptoms of the Ips Beetles are dead tops and group killings without pitch tubes.

2.2.10 DIB: Diameter of the stem inside the bark

2.2.11 DITCHES: Drainages along a road that lead to a cross-drain mechanism.

2.2.12 EXCESS TREES: Uncut trees not needed to meet average spacing specifications and that do not qualify as leave trees.

2.2.13 FUELBREAK CONSTRUCTION: The cutting of trees less than 9” DBH and piling of existing and/or created slash less than 6” DIB in timber stands creating a break in fuel and slash free strip on the ground. . Desired spacing in fuel breaks is 24’ x 24’. Fuel break construction may be accomplished through the use of hand piling, machine piling, chipping, or a combination of several treatments, or as further identified in the Supplemental Specifications.

2.2.14 HANG-UP TREE: Any cut tree suspended above ground level.

2.2.15 LESS DESIRABLE LEAVE TREES: When the prescribed stocking level of most desirable leave trees cannot be achieved with trees that possess the most desirable characteristics.

1. Minor Defect - Trees with minor defect such as a sharp crook or a small amount of animal damage.

2. Suppressed Tree - Trees that have been severely suppressed. Characteristics of suppressed trees are extremely short or nonexistent internodes, twisted gnarled stems, or an extreme sparseness of foliage.

3. Other Live Trees - Trees other than insect or disease damaged trees with ¼ live crown and/or sparse crown.

4. Forked Tree - Those trees with two or more terminal leaders. Two or more stems originating from the same base shall only be left if needed for spacing purposes. Either both stems shall be cut or both stems shall be left.

5. Physical Damage - Trees that have physical damage on half or more of the bole circumference and greater than three feet in length. Equipment, falling trees, lightning, wind, animals, etc., may be causes of physical damage.

2.2.16 LOP AND SCATTER: Cutting limbs from cut trees and moving and/or rearranging of slash concentrations to achieve specific slash depth requirements. Unless otherwise stated, trees shall be lopped and scattered to a height not to exceed 18”.

2.2.17 MACHINERY: Equipment used to meet contract requirements. Both rubber-tired and track machines may be used unless otherwise identified in the Supplemental Specifications. All equipment used for piling activities shall be equipped with a brush rake. Teeth on brush rake shall extend a minimum of 10” below the cutting edge of the blade.

2.2.18 MECHANICAL MASTICATION: Treatment utilizing machines to treat trees to shred, fragment, compact, thin, and otherwise rearrange and reduce the size of created and pre-existing slash or trees. Mastication treatment is generally conducted in conjunction with mechanical thinning.

2.2.19 MULCH DEPTH: Depth of shredded or mulched material measured from the ground to the top of mulch layer. Piece size shall not exceed 3’ in length, with mulch depth not to exceed 4” unless otherwise identified in the Supplemental Specifications.

2.2.20 POL THINNING: Selective thinning of conifer trees 1’ in height and less than 9” DBH to a desired spacing guideline. Cut trees between 5” DBH and 9” DBH are skidded and decked at approved landings.

2.2.21 PRE-COMMERCIAL THINNING: Selective thinning of conifer trees 1’ in height and less than 5” DBH to a desired spacing guideline.

2.2.22 PROGRESSION OF WORK: Work conducted in a progressive and orderly manner by the contractor.

2.2.23 PROTECTION OF IMPROVEMENTS: The protection of known archeological sites and improvements. Costs to replace or repair damage, is the contractors responsibility.

2.2.24 ROADS, TRAILS, & OTHER OPEN AREAS: All roads, and trails within the project area, including but not limited to; existing slash free fuel breaks, private property, proximity to property corners, watercourses, meadows, parks, etc.

2.2.25 SLASH: Any debris such as limbs, tree tops, boles, and other wood fiber pieces that are present and/or created as a result of violent storms, logging operations, thinning operations, or by the contractor’s activities.

2.2.26 SLASH PILING: Piling of existing slash and slash created as part of an activity. Size of material to be piled will vary depending on cutting requirements, terrain, and method of piling.

2.2.27 SNAG: A standing dead tree over 10 feet in height and greater than 8” DBH.

2.2.28 STUMP HEIGHT: The height of a stump on the uphill side. Stumps are cut to an angle of less than 30 degrees from horizontal.

2.2.29 THINNING & SLASH TREATMENT: The cutting of trees and limbs in excess of those left for future management and treatment of the associated slash.

2.2.30 THINNING UNIT: An individual area on the ground in which thinning will be performed and which may appear as a separate pay item in the Schedule of Items.

2.2.31 TREE SIZE: The contractor shall select cut or leave trees in accordance with these tree size guidelines.

1. Pre-commercial Thinning: Trees under 5.0 inches DBH - Live ponderosa pine/white spruce trees 1’ in height and less than 5.0 inches DBH shall be cut unless they qualify as a desirable leave tree or they are needed to maintain the specified average spacing intervals. However, in no case shall any ponderosa pine/white spruce tree under 5.0 inches DBH be left closer than twelve feet to any other pine or white spruce.

2. POL Thinning: Live ponderosa pine/white spruce trees 1’ in height and less than 9.0 inches DBH shall be cut unless they qualify as a desirable leave tree or they are needed to maintain the specified average spacing intervals. However, in no case shall any ponderosa pine/white spruce tree under 9.0 inches DBH be left closer than twelve feet to any other pine or white spruce.

Trees in these size classes shall be cut if one or more of the following conditions exist:

a. Trees with deformation so pronounced that one straight eight-foot piece cannot be cut from the bottom twelve feet of the tree.

b. Trees with active peridermium cankers anywhere on the tree bole.

c. Trees with broken tops and live crown ratios less than 30%.

d. Trees which are overtopped and growing into the crown of an adjacent larger tree.

e. Trees without broken tops with live crowns less than 20%.

f. Bark Beetle infested trees or trees exhibiting signs of mountain pine beetle infestation.

3. Trees 9.0 inches D.B.H. and Over: shall not be cut unless they pose a safety hazard to the contractor, and shall be considered as leave trees for spacing purposes unless otherwise described in the Supplemental Specifications

2.2.32 TREE SPACING: Desired spacing intervals between leave trees.

2.2.33 TREE QUALITY: Trees left to meet stocking levels specified in thinning guides and Supplemental Specifications.

2.2.34 WEED AND RELEASE (WHIPS & CULLS): Trees left as a result of the initial timber harvest which have not been designated as wildlife trees (no sign and/or blue paint) that are bent, spindly, broken-topped, crooked, or have sparse crowns. Exhibit C identifies examples of whips and culls.

2.2.35 VARIABLE DENSITY THINNING: Variable density thinning addresses all size classes of trees. Spacing for leave trees can range from the minimum spacing to the maximum spacing so specified. Leave trees exceeding the maximum DBH cutting limits shall be left regardless of the spacing. Leave tree spacing may vary up to 50 percent in order to select the most desirable tree. Spacing control using the specified leave tree guidelines shall be maintained wherever possible.

SECTION III – GOVERNMENT FURNISHED PROPERTY

Thinning Inspection Record/Request for Inspection Sheets

Unit maps

SECTION IV – CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all items required to perform this PWS.

SECTION V – PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

5.1 POL THINNING: The selective cutting of conifer trees 1’ in height and less than 9” DBH to a desired spacing guideline. Cut trees 5” – 9” DBH shall be skidded to approved landings.

5.2 PRE-COMMERCIAL THINNING: The selective cutting of conifer trees less than 5” DBH to a desired spacing guideline.

5.3 PROTECTION OF IMPROVEMENTS: The protection of known archeological sites and improvements. Costs to replace or repair damage are the contractor’s responsibility.

5. 7 SUBMITTALS

5.7.1 QUALITY CONTROL PLAN: The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified.

5.7.2 WORK PLAN: The contractor provided Work Plan shall describe how the contractor plans to perform the project, including methods, personnel, and equipment.

5.7.3 PROGRESS SCHEDULE: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each unit.

5.7.4 SAFETY PLAN: The contractor shall prepare and supply a contract safety plan covering the treatments being conducted under this contract. The plan will identify personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew. This plan shall be submitted to the Government for approval at the time of the pre-work conference. Work under this contract shall not commence until the plan is provided and approved. The contractor is responsible to follow all applicable state laws, and regulations including OSHA requirements.

SECTION VI – GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/ STATE STANDARDS/ GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Attachments, including vicinity maps and exhibits, are included in the contract package and available from the COR upon request.

SECTION VII – PERFORMANCE REQUIREMENTS SUMMARY

QUALITY LEVEL (AQL)

Leave trees shall be of the tallest crown and straightest stem and are free of disease

Variable density thinning, if required, allows contractor to select the most desirable leave trees regardless of spacing requirements

Number of trees per acre shall be maintained wherever possible to meet minimum spacing requirements

Cut trees between 5” and 9” DBH shall be skidded to approved landings as described in Exhibit D, unless otherwise stated.

Stump height shall not exceed 6” on uphill side of tree, and less than 30% angle from horizontal

Existing and activity slash shall not exceed a height of 18”

All conifer trees less than 9” DBH shall be cut for a distance of 12’ from any aspen or birch tree > than 3’ in height

Hardwood species shall not be cut unless they pose a hazard to the contractor

Bug infested green trees less than 9” DBH shall be cut and treated as specified

Perform periodic on-site inspections

Verifying compliance of contractor through inspection of 1/20 acre plots Rework at contractor’s expense

No payment will be made for less than 80% AQL

Contractor is responsible for re-inspection costs when inspections exceed two inspections per unit

Poor performance rating

5.7 - Submittals

5.7.1 - Quality Control Plan (QCP)

5.7.2 - Work Plan

5.7.3 – Progress Work Schedule

5.7.4 – Safety Plan

All submittals are received within 10 days after contract award

QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service performed. Includes method and frequency of inspections

On-site records of all quality control inspections are submitted weekly

Safety Plan includes identifying personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew.

HELL CANYON RANGER DISTRICT

LEGACY 111

POL THINNING/FUEL REDUCTION

SUPPLEMENTAL SPECIFICATIONS

GENERAL SPECIFICATIONS

The purpose of this contract is to secure services to conduct timber stand improvement and fuel reduction related work including POL thinning on the Hell Canyon Ranger District, Black Hills National Forest.

Location and Description

All units are located on the Hell Canyon Ranger District, of the Black Hills National Forest, Custer and Pennington Counties, South Dakota, and are further described below.

Period of Operation Operational restrictions for all Coulsen units are limited from May 1 through December 15 of each year. There are no operational restrictions for the Lightning and Fourmile units.

Period of Performance

All work under this contract shall be completed no later than October 28, 2014. Option Item units will be added as additional funding is secured. The completion date of this contract will not be adjusted or lengthened for added Option Item units. Due to current bark beetle activity, the contractor is encouraged to start work as soon as possible after contract award.

BASE ITEM

Detailed Unit Information

Total Base Item Acres POL Thinning – 824 acres

OPTION ITEM

Detailed Unit Information

Total Option Item Acres

POL Thinning – 615 acres

TECHNICAL SPECIFICATIONS

Tree Cutting Specifications

All Lightning, Fourmile, and Coulsen units are identified as POL thinning units. Within these units the contractor shall select leave trees that meet the standards listed in the PWS and Supplemental Specifications. Desired spacing is listed in the Detailed Unit Information Table, and Description of Units. In no case will any leave tree meeting the cutting specifications be any closer than 12’ from another leave tree.

In all units under this contract, trees meeting the characteristics of the whips and cull definition as identified in the PWS and Exhibit C shall be cut and treated as prescribed under Tree Cutting Specifications regardless of desired spacing. All cut trees in POL thinning units meeting the POL standards shall be skidded to approved landings.

Many of the units border meadows and natural openings. Within these units, the contractor shall not fell trees into openings or meadows. If trees and or slash fall into openings or meadows, the contractor shall remove material prior to unit acceptance.

Tree Quality – Add the Following

Aspen, birch, oak, and juniper are considered preferred species under this contract. In no case will preferred species be cut unless it has been damaged as a result of winds, tornado, mechanical damage, or otherwise designated. In all units under this contract, all conifer trees less than 9” DBH shall be cut for a distance of 12’ from any preferred species greater than 3’ in height.

Spruce is not considered a preferred species under this contract and shall be cut as required to meet desired spacing requirements and other requirements as listed in the Tree Cutting Specifications.

Slash Disposal All activity or existing slash not skidded or piled in units included under this contract shall not exceed 18” in height.

All slash shall be removed from roadways, cut banks and fill slopes prior to unit acceptance.

Rubber tired skidders or other machinery may be used to treat slash under this contract. When equipment is utilized, its use may be limited to periods of dry or frozen ground conditions. Whenever compaction, erosion, rutting, or damage to the residual stand is likely to result, the Contracting Officer shall order the contractor to use an alternate slashing method.

Decking of Cut Trees

In all units under his contract, the contractor shall deck cut trees greater than 5.0” DBH and less than 9.0” DBH in approved landings meeting requirements as listed in Exhibit D. Decks shall be positioned a minimum of 30’ from any green tree, slash pile, or improvement including fences and a minimum of 75’ from utility poles and lines. It may be necessary to pile in adjacent openings. Minimum deck height is 10’ unless otherwise agreed. The contractor, with prior approval, may cut additional trees to meet the spacing requirements for piles.

Many of the units include steep slopes and rock outcroppings. The contractor is expected and required to pull cable/chokers to reach POL trees in these areas. The winch line with chokers shall reach a minimum of 90’ from the “A” frame of the skidder. The cable length and winch will be part of the equipment inspection process prior to commencing work on this contract. Skidding equipment shall be equipped with winching capabilities.

Roads, Trails, Gates, and Other Open Areas

Trails and old roads exist throughout units. The contractor may use these roads to access units. All closed roads may be opened for thinning and fuel reduction activities unless otherwise stated. All opened trails or roads shall be closed prior to unit acceptance. Certain times each year, the Forest Service closes gates to protect wildlife and reduce impacts to areas during wet conditions. During this time, the contractor upon request may work behind locked gates. Contractor may be required to provide a padlock for access to a closed area.

Meadow Protection

Reasonable care shall be taken to avoid damage to vegetation cover and soil in meadows. Vehicular, tree cutting and or skidding equipment shall limit travel too access roads, skid trails, and landings.

Streamcourse &Wetland Protection

If included, streamcourse and wetlands identified for protection are shown on contract maps. Unless otherwise agreed, the following measures shall be observed to protect streamcourses.

1. Contractor’s operations shall be conducted to prevent debris from entering streamcourses, except as may be authorized under (2). In the event contractor causes debris to enter streamcourse, contractor shall remove such debris as soon as practical, but not to exceed 24 hours, and in an agreed manner that will cause the least amount of contamination and disturbance to the streamcourse.

2. Wheeled or tracked equipment shall not be operated in streamcourses except at crossings designated by the COR or Inspector, or as otherwise agreed.

Protection of Improvements The contractor shall protect archeological sites and structural improvements. Any contractor caused damage to fences, or other structures within or adjacent to the contract area shall be repaired immediately at the expense of the contractor. Fences taken down as a result of skidding operations shall be repaired at the end of each day. The COR and or Inspector shall be notified of any damage.

Erosion Control

On all units under this contract, slash may be used in lieu of water-bars or dips unless it is determined that slash will not provide adequate erosion control. The COR or Inspector will notify contractor if water-bars or rolling dips are required.

Safety

Contractor shall furnish warning signs when working adjacent to State Highways and or Forest System Roads. Unless otherwise agreed, signs shall be as specified in the manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). This signing will be addressed further in the contractor supplied Safety Plan.

Acreage and Measurement Approximate unit acreage was determined by differentially corrected Global Positioning System (GPS) data traverses or existing GIS coverage’s. Refer to the Detailed Unit Information Table for approximate acres. The Government provided acreages are only estimates. The contractor is encouraged to visit each unit prior to submitting a price. The Government will not re-measure the units under this contract.

Contractor Performance

Contractor shall have no more than two open units at any given time unless otherwise agreed to by the COR.

Boundary Marking

All units under this contact are marked with three vertical orange stripes with the center stripe facing into the unit. The unit numbers are also painted periodically on boundary trees. These numbers are painted facing into the unit.

Sanitation and Servicing

Contractor shall take reasonable steps to prevent pollution or air, soil, and water contamination. Contractor shall not service equipment, and or vehicles where servicing may result in pollution. When equipment requires major repairs such as engine overhaul, cylinder replacement, major component replacement, etc, equipment shall be removed from the project site and off National Forest Lands until such time as repairs are made and re-inspection is made on the equipment.

Contractor Inspection Procedure

The contractor shall use 1/20th (26.4’ radius) acre plots verifying compliance of contract specifications in all units listing desired spacing guidelines under this contract. One plot is required for every 10 acres of treatment. The contractor shall record all plot information on the Government supplied Thinning Inspection Record Form (BH-6300-1). The contractor shall provide the Thinning Inspection Record and a map of plot locations to the COR prior to requesting inspection. All work included under this contract shall meet or exceed a 90% Acceptable Quality Level. Whenever the contractor does not meet the acceptable quality level, the Contracting Officer shall direct the contractor to rework the area.

Prevention of Oil Spills

Contractor shall maintain storage facilities if products are on the project area. Contractor shall take appropriate preventative measures to insure that any spill, leak, does not enter any stream or other waters of the United States or any of the individual states.

If the total oil or oil products exceed 1,320 gallons, or if any single container exceeds the capacity of 600 gallons, contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), all State requirements and include certification by a registered professional engineer.

Payment

No partial payments for partially completed units will be made. The contractor shall notify the COR when a unit is completed and ready for inspection by submitting a Request for Inspection Form (BH-6300-1). The Government shall complete the final inspection within seven calendar days following the request and if work completed is acceptable, payment will be recommended to the Contracting Officer.

Description of Base Item Units Lightning #4 – Located in T3S, R3E, Sections 16, 17, 20, 21, BHM, approximately 13 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #11 – Located in T3S, R3E, Sections 32, 33, BHM, approximately 13 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #15 – Located in T3S, R3E, Sections 28, 33, BHM, approximately 12 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #19 – Located in T3S, R3E, Sections 28, 29, 33, BHM, approximately 12 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Description of Option Item Units Lightning #1 – Located in T3S, R3E, Section 16, BHM, approximately 13 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #2 – Located in T3S, R3E, Section 16, BHM, approximately 13 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #3 – Located in T3S, R3E, Section 16, BHM, approximately 13 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #12 – Located in T3S, R3E, Section 32, BHM, approximately 12 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Lightning #20A – Located in T3S, R3E, Section 33, BHM, approximately 13 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Fourmile #2 – Located in T4S, R3E, Sections 4, 9, BHM, approximately 11 road miles west of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Coulsen #3 – Located in T1N, R1E, Section 36, T1N, R2E, Section 31, T1S, R2E, Section 6, BHM, approximately 40 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Coulsen #4 – Located in T1N, R1E, Section 36, T1N, R2E, Section 31, BHM, approximately 40 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Coulsen #7 – Located in T1N, R2E, Section 31, BHM, approximately 40 road miles northwest of Custer, South Dakota. Unit is identified as a POL thinning unit. Desired spacing in unit is 20’ x 20’, depending on terrain, size class of trees, and presence of preferred species. The contractor shall select leave trees that meet the standards listed under Tree Quality. In addition to thinning, all bug infested trees meeting the cutting specifications shall be cut and skidded to an approved landing. All size classes of trees shall be considered for spacing purposes. In no case shall any tree meeting the cutting specifications be any closer than 12’ to another leave tree.

Washing Equipment

In order to prevent the spread of noxious weeds into the contract area, contractor shall clean all off-road logging and construction equipment prior to equipment being transported to the project site. Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds including but not limited to the engine compartment, winch area, wheels, etc. Only logging and construction equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Unless otherwise agreed, contractor shall give the Forest Service a minimum of 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office upon request.

Fire Prevention and Control

(A) Tools and Equipment:

The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger with a minimum of a 48” handle, for each employee working in the project area. These shovels may be stored in the employee’s private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger with a minimum of a 48” handle, attached to each unit and one two and one-half pound or larger dry chemical or five pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel container used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(B) Fire Prevention.

Blasting – Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Welding – All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

Open Fires – In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Gas and Oil Use and Storage – Gasoline will be stored and transported only in approved containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Smoking – Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JUN 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this…