SOL.docx

AG-82X9-S-12-0108 Thinning/Fuel Reduction HC IDIQ Black Hills Nat. Forest

AG-82X9-S-12-0108 Thinning/Fuel Reduction HC IDIQ Black Hills Nat. Forest

SECTION B - SCHEDULE OF ITEMS – SUPPLIES AND PRICE/COSTS

Base Period: Award to July 31, 2013.

QUANTITY

MAXIMUM

UNIT PRICE

TOTAL AMOUNT

POL Thinning (0 – 500 Stems/Acre) 18’ x 18’ 20’ x 20’ 22’ x 22’ 24’ x 24’ Acres

2,200

POL Thinning (501 – 1,500 Stems/Acre) 18’ x 18’ 20’ x 20’ 22’ x 22’

Acres

Pre-commercial Thinning (0 – 4,000 Stems/Acre) 8’ x 8’ 10’ x 10’ 12’ x 12’ 14’ x 14’ Acres

Pre-commercial Thinning (4,001 – 9,000 Stems/Acre) 8’ x 8’ 10’ x 10’ 12’ x 12’

Acres

BASE PERIOD INFORMATION:

All thinning is based on two stand conditions (Low 0 – 4,000, High 4,001 – 9,000 stems/acre). Total stems per acre define current stand conditions.

PLEASE NOTE:

· The Forest Service intention is to award two contractors on this IDIQ.

· Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested.

· The quantities shown on the Schedule of Items are only estimates and should not be implied as actual minimum ordering amounts.

· Provide Total Cost Pricing on each schedule.

· Unit Price Prevails

Option Period 1: August 01, 2013 to July 31, 2014

QUANTITY

MAXIMUM

UNIT PRICE

TOTAL AMOUNT

POL Thinning (0 – 500 Stems/Acre) 18’ x 18’ 20’ x 20’ 22’ x 22’

Acres

1,600

POL Thinning (501 – 1,500 Stems/Acre) 18’ x 18’ 20’ x 20’ 22’ x 22’

Acres

Pre-commercial Thinning (0 – 4,000 Stems/Acre) 8’ x 8’ 10’ x 10’ 12’ x 12’

Acres

Pre-commercial Thinning (4,001 – 9,000 Stems/Acre) 8’ x 8’ 10’ x 10’ 12’ x 12’

Acres

FIRST OPTION PERIOD INFORMATION:

All thinning is based on two stand conditions (Low 0 – 4,000, High 4,001 – 9,000 stems/acre). Total stems per acre define current stand conditions.

Option Period 2: August 01, 2014 to July 31, 2015

QUANTITY

MAXIMUM

UNIT PRICE

TOTAL AMOUNT

POL Thinning (0 – 500 Stems/Acre) 18’ x 18’ 20’ x 20’ 22’ x 22’

Acres

1,350

POL Thinning (501 – 1,500 Stems/Acre) 18’ x 18’ 20’ x 20’ 22’ x 22’

Acre

Pre-commercial Thinning (0 – 4,000 Stems/Acre) 8’ x 8’ 10’ x 10’ 12’ x 12’

Acre

Pre-commercial Thinning (4,001 – 9,000 Stems/Acre) 8’ x 8’ 10’ x 10’ 12’ x 12’

Acre

3 Year Total

SECOND OPTION PERIOD INFORMATION:

All thinning is based on two stand conditions (Low 0 – 4,000, High 4,001 – 9,000 stems/acre). Total stems per acre define current stand conditions.

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, etc.) 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.

SECTION C - PERFORMANCE STATEMENT OF WORK (PWS)

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, and Pre-commercial 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. Equipment being used for the requirements under this contract shall be cleaned prior to entering the Hell Canyon Ranger District, and each subsequent move onto the District. 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: Operational restrictions for units and or individual task orders will be listed in the Supplemental Specifications. All task orders under this contract will be awarded no later than July 31, 2015. Each task order shall identify a completion date for the project. No additional time shall be granted for weather delays or mechanical breakdowns.

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. Each task order shall be accompanied with specific location map(s).

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 10.9” 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 20’ x 20’. Fuel break construction may be accomplished through the use of hand piling, machine piling, chipping, or a combination of 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 such as cutting, skidding, and piling of trees and or slash. Both rubber-tired and track machines may be used unless otherwise identified in the Supplemental Specifications. All equipment used for skidding purposes shall be equipped with a minimum of 90’ of mainline cable to reach from the A frame of the equipment. Piling equipment 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 10.9” DBH to a desired spacing guideline. Cut trees between 5” DBH and 1” DBH are skidded and decked at approved landings unless otherwise identified in the Supplemental Specifications.

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 10.9 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 10.9 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 11.0 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 has 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 10.9” DBH to a desired spacing guideline. Cut trees 5” – 10.9” DBH shall be skidded to approved landings. Supplemental Specification may identify specific cutting requirements.

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, the dates on which the contractor contemplates starting and completing each unit for each task order.

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, warning signs on roadways, and what is done when adherence to the plan is not followed by the crew. This plan shall be submitted to the Government for at the time of the pre-work conference. This copy of the Safety Plan will be kept in the contract file for OSHA’s review. Please note that it’s the contractor’s responsibility to follow all applicable federal and state laws, Uniform Traffic Control Devices for Streets and Highways, and regulations including OSHA requirements.

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

Attachments, including site specific exhibits and location maps are found in individual task orders.

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 10.9” 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 10.9” 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 10.9” 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

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

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

Existing and activity slash shall be slashed to a height not to exceed 18”

All conifer trees less than 10.9” DBH shall be cut for a distance of 12’ from any aspen or birch tree > than 3’ height

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

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 contractor quality control inspections are made available upon request

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

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

E.2 CONTRACTOR SELF INSPECTION:

A. The contractor shall conduct self-inspections (QCP) on all aspects of work. The field inspections shall be spread throughout the project area. The contractor shall provide the Government with an acceptable method of self-inspection. This method shall be accepted and approved by the Government prior to the Notice to Proceed being issued.

The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The self-inspection process shall be documented and submitted prior to the Notice to Proceed The QCP shall specify:

B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

E.3 GOVERNMENT INSPECTION AND ACCEPTANCE:

A. Government Quality Assurance Inspection: The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives. The Government will assure quality is being met through plots and visual inspections as stated in Section VII - PRS.

B. Acceptance: Acceptance of the work under the contract will be made after Government inspection and the Contracting Officer has made the determination of satisfactory compliance with the specifications. All required contract specifications shall be satisfactorily completed in each unit before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

C. Rework and Re-inspection after Rework. If the contractor fails to meet the minimum AQL, the contractor shall rework the area. The Government will conduct an inspection and up to one re-inspection for each area. Anytime the contract or task order requires more than two inspections per area, the contractor will be accessed for additional inspections which will include mileage and hourly rate of Inspector or Inspectors. When inspections indicate the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The cost to the Government for inspections necessitated by the rework will be deducted from any payments to the Contractor.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 SUSPENSION OF WORK

Whenever the Contracting Officer determines that the weather, ground conditions or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. 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 telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

F.2 FAR 52.242-17 Government Delay of Work (APR 1984)

F.3 AGAR 452.211-74 Period of Performance. (FEB 1988)

Operational restrictions for units and or individual task orders will be listed in the Supplemental Specifications. All task orders under this contract will be awarded no later than July 31, 2015. Each task order shall identify a completion date for the project. No additional time shall be granted for weather delays or mechanical breakdowns.

(End of Clause)

F.4 AGAR 452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from date of contract award through July 31, 2015.

(End of Clause)

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COR is delegated full authority under this contract EXCEPT for the following actions which are reserved for the Contracting Officer:

G.2 CONTRACTOR’S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract.

G.3 AGAR 452.215-73 Post award Conference. (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 15 working days of contract award.

(b) The conference will be held at:

Black Hills National Forest Service 8221 S. Hwy. 16 Rapid City, SD 57702

(End of Clause)

G.4 SCHEDULES FOR SERVICE CONTRACTS

If Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.

G-5 PAYMENT

Payment at contract price will be made on a per acre cost less any deductions or adjustments as provided in the PWS. Payments are limited to one payment per unit task order.

Task 5.1 Work meeting at least 90 percent AQL will receive 100 percent payment. Falling below 90 percent will require a rework at the contractor’s expense.

A signed payment certification must accompany your invoice for payment to be authorized. See Section J.

Invoices must follow the standard invoicing format and be sent either hard copy, electronically via email, or fax to the Contracting Officer with a copy given to the COR.

Send Invoices to:

William Highland USDA Forest Service/ NT-RMAST Black Hills NF/Mystic Office 8221 S. Hwy. 16 Rapid City, SD 57702 (whighland@fs.fed.us)

For Questions Call: 605-716-1883 / FAX: 605-343-7134

G-6 DAMAGES

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as - but not limited to, additional COR and Inspector time and travel.

G-7 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-8 NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a Termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

G-8 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment.

SECTION H – SPECIAL CONTRACT REQUIRMENTS

H.1 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 FIRE PREVENTION AND CONTROL

(a) Tools and Equipment:

The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The 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 ATV, supply truck, water truck, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four 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 O 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 can 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 H.1 (a).

Open Fires – In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest 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.

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.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal 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.

H.3 Washing Equipment

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only 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.

All spray equipment will be inspected by COR or Inspector and must be washed and cleaned prior to beginning initial project. Any time the equipment is removed and used on lands not included under this contract the COR shall be notified and equipment shall be cleaned prior to commencing work under the contract. In order to minimize the potential for weed spreading, spray trucks and equipment will be pressure washed before moving from one type of infestation to another, unless combinations of infestations already exist.

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.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hour 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.

H.4 SAFETY PLAN

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

H.5 PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment. OSHA standards for personal protective equipment shall be followed.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

H.6 TRAVEL MANAGEMENT AND MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as sprayers will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

H.7 REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT

Register of Wage Determination No. 1979-1157, Rev 34, dated 06/13/2011 are made a part of this solicitation and any resultant contract. Classification determination for applicable labor furnished under this contract is the responsibility of the contractor. The highlighted classifications must be posted at the worksite with the applicable poster when operations are underway.

H.8 CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS) PROGRAM

This contract will be subject to reporting in the Contractor Performance Assessment System (CPARS) program. Contractors are encouraged to take training and register in this program. Information can be found at:

· Contractor Overview (2 hours). View Schedule - This training will give the student an understanding of the Contractor Representative and Contractor Corporate Senior Management levels of access, the policies and regulations governing ACASS/CCASS and CPARS, and the electronic workflow with particular attention to the Contractor comment function.

· Target Audience: This session is specifically targeted to Contractor users who provide Past Performance Evaluation comments or who manage the ACASS/CCASS and CPARS process for their company.

Online course:http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm

H.9 FSAR 4G52.222-701 EMPLOYMENT of ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.10 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e.