AG-9702-S-10-0128.doc

AG9702-S-10-0128

29 Dec 2009

INFORMATION CALL:

21 January 2010 2:00 PM Pacific Time

USDA Forest Service

EROC-SW

FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

Vallejo, CA 94592

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: 7.0 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Yuba River Ranger District

15924 Highway 49

Camptonville, CA 95922

16. ADMINISTERED BY CODE

USDA Forest Service

EROC-SW

1323 Club Dr.

Vallejo, CA 94592

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA Forest Service

EROC-SW

1323 Club Dr.

Vallejo, CA 94592

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Mastication utilizing mechanical equipment to thin conifers, brush cutting, and fuels reduction according to contract specifications. See Schedule for additional information.

(Use Reverse and/or Attach Additional Sheets as Necessary) See Schedule

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

FORMCHECKBOX

ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212 Table of Contents 3B - Supplies or Services and Prices/Costs Schedule of Items

4C - Description/Specifications/Statement of Work

12D - Packaging and Marking

13E - Inspection and Acceptance

17F - Deliveries or Performance

18G - Contract Administration Data

20H - Special Contract Requirements

22I - Contract Clauses

30J - List of Documents, Exhibits, and Other Attachments

31K - Representations, Certifications, and Other Statements of Offerors or Respondents

45L - Instructions, Conditions, and Notices to Offerors or Respondents

47M - Evaluation Factors for Award

52Attachment 1 – Tahoe Forest General area map

53Attachment 2 – Fire Plan

62Attachment 3 – Department of Labor Wage Determination

65Attachment 4 – RUBY WUI Project Map

B - Supplies or Services and Prices/Costs Schedule of Items

Mechanically thin conifers, brush cutting, and fuels reduction according to contract specifications. See sub items as follows:

TOTAL

NOTES:

1. The government reserves the right to award any or all of the actual quantity for each item specified in the Schedule of Items with a minimum award of 295 acres and maximum of 481 acres. Responders’ actual unit pricing will be used regardless of quantity awarded.

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

C - Description/Specifications/Statement of Work

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services to mechanically thin conifers, brush cutting, and fuels reduction according to contract specifications. Thinning shall consist of selecting crop trees and mechanically cutting all other trees and brush designated in the contract except for areas designated by the C.O.R. The C.O.R. will designate areas where the brush may be left. Thinning and brush cutting shall be done in a manner that does not damage leave trees not specified to be treated.

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

C.2 Project Location & Description

Location: The project is located on the Tahoe National Forest, Yuba River Ranger District. See maps for unit locations.

Description: The perimeters of sub-items are flagged with orange and black striped flagging . In some cases roads or streamzones may make up part of the boundary of a unit and therefore these parts of the unit boundary may or may not be marked or flagged. The project maps are intended to show the general shape and location of the work areas. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of the stream zones and topographic features, when shown, also may be approximate.

Exclusions (non-work areas): The following shall be excluded or protected:

1. Riparian Buffer: All stream channels (including dry channels) have RCA’s (Riparian Conservation Areas) and within these RCA’s are riparian buffers. . Perennial streams will have 100 foot wide Riparian buffer. Intermittent streams will have 50 foot wide Riparian buffer. Ephemeral Riparian buffers will be 25 horizontal feet in width measured from center of stream channel. Where RCAs have slope of 20 percent or less, mastication equipment can operate (tracks can be present) up to 100 feet of perennials, 50 feet of intermittents, and within 25 feet of ephemerals. Mastication can be done in Riparian buffers along ephemerals within these no track operation areas in by reaching in with the boom. Note: there are no perennial streams within units in this contract.

2. No equipment will be permitted within stream channels , except at designated crossings by the C.O.R.

3. Controlled sites: Heritage resource controlled sites within the project area will be flagged with blue and black stripe flagging and avoided.

4. Areas of sensitive plants are flagged out with orange and white-stripped flagging.

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

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

7. All specified roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage at the Contractor's expense. Excessive slash cannot be left in the roadways after end of each work day. All cut vegetation shall be kept within unit boundaries. If slash is broadcasted onto the roadways, it must be removed by the end of each workday.

8. Accessibility: All sub-items are accessible with a 2-wheel drive vehicle after snowmelt. If a sub-item requires a walk in from the nearest road, this will be specified in the Exhibit C table. The Government assumes no liability to perform special road maintenance to keep roads open to the project area.

9. Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Maps

Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time

Start: Jun 1, 2010

Time: All Items: 206 days See also Section F

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

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

2. When the Contracting Officer (or designated representative) determines that weather conditions make continuation of work impracticable. (See Section F – Winter Shutdown).

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

4. Servicing and refueling of equipment areas shall be located outside of /RCAs or 100 feet from other wet areas. In case of a HAZMAT spill, the material shall be immediately contained and the Forest Service shall be immediately notified.

5. Within the sub-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas. Such areas exceeding 1/2 acre in size per unit will be excluded from payment.

C.6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

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

Other: NONE

C.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ X] will [ ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

C.8 Technical Requirements

C.8-1 Definitions:

Aggregation – A pocket of densely packed trees distinct from adjacent areas within a project unit. It is characteristic for trees within aggregations to have a higher percent of phenotypic defects due to competition for resources in close proximity to others.

Conifer - A cone-bearing tree with needles or leaf scales (e.g. pine, fir, cedar).

Co-dominant Tree - A tree with the crown forming the general level of the crown cover and receiving full light from above, but comparatively little from the sides.

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

Crop Tree (Leave Tree) - Any crop tree without excessive damage, which has a live crown ratio of greater than 30%. The top will not be dead, broken, or forked.

Damaged tree – Any crop tree with one or more of the following injuries:

1. Any true fir that has any bark cut or removed to the cambium regardless of the amount.

2. Any other tree species that has bark cut or removed to the cambium from more than 25% of the circumference of the bole.

3. Any tree that has a broken, forked, or dead top.

4. Any tree that has had 25% or more of the live limbs or branches broken or removed by any operation.

5. Defects, which include sweeps in the bole and crooked boles.

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

Diseased Trees – Any tree greater than two feet tall with a diameter less than eleven inches at DBH with one or more of the following diseases:

1. Mistletoe: Trees with one or more visible infections on any part of the live crown or stem.

2. Gall Rust: Trees with one or more visible cankers on the bole or multiple cankers on the limbs in the green crown.

3. Chlorosis: Trees with off color foliage, weak root system and otherwise exhibiting a general unhealthy appearance.

4. Damage: Tree that exhibits insect infestation, severe mechanical, animal, or other damages (i.e. trees leaning severely).

5. White Pine Blister Rust: On sugar pine, stem / branch cankers, yellow to red flagging of branches and tops.

Excess Tree - A tree that is left but should have been cut to meet spacing standards or trees-per-acre requirements.

Forked Trees – Trees with one or more forks in the live crown or with old dead or broken-out tops within 13 feet of the ground.

Hang-up Tree – A cut tree suspended above the ground by a leave tree.

Hardwood – A tree with broad leaves rather than needles (e.g., oak, madrone, etc.)

Insect Infested Tree– A tree pitching sap from the bark in multiple spots on the bole, frass in cracks of bark or at base of tree, dead or fading top.

Live Crown Ratio – The percentage of the live limbs in relation to the total tree height.

Phenotypic Defects - Referring to inherited defects or deficiencies caused by local environmental conditions. Examples: Trees with flat top shapes having under 4 inches of leader growth (measure of previous year), forked or multiple tops, twisting in the limbs bole and trees with sweeping, leaning or drooping forms.

Riparian Conservation Area (RCA) and Riparian Buffer – - an area designated along stream channels or seeps. Within the RCA, a Riparian Buffer is designated as a area protected during logging, mechanical treatments and site preparation.

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

Suppressed Tree - Any tree with less than 30% of its total height in live green crown or with less than 4 inches of current leader growth.

Thinning - The cutting of trees to meet the short term desired condition.

True fir – This classification refers to the conifer species red fir & white fir.

C.8-2 Specifications

8-2.1 Selection of Crop (Leave) Trees:

Leave trees shall generally be those of the tallest height, largest crown, and straightest boles that are free of damage due to insects, disease, physical and mechanical causes. The Contractor shall select leave tree using the following priorities:

1. Leave all conifers and hardwoods that exceed 10” in DBH.

2. Leave all hardwoods that are at least 2/3 the size of the largest surrounding conifers and space off these trees 10’ to 15’ from the crown edge.

3. Leave all Sugar Pine 6 inches DBH and greater free of defect and disease. Sugar Pine will be ignored relative to spacing requirements.

4. Select leave trees from healthy undamaged conifers as necessary to achieve an average spacing of 22'X22’ (approximately 90 trees per acre). Spacing may be varied up to 25 percent to select the most desirable tree. However, spacing control using the original guides shall be maintained whenever possible. The number of trees per acre shall not be materially increased or decreased. Where this spacing cannot be met due to trees occurring that are greater than 10” DBH, all material not otherwise specified to be left that is less than 10” DBH shall be cut and masticated.

SUPPLEMENT: For sub-items 2.B and 2.C average spacing would be 18’x18’ (approximately 130 trees per acre). Variance of spacing would still remain 25 percent and the number of trees per acre shall not be materially increased or decreased.

5. Select leave trees with the desired species mixture composition provided it is at least 2/3 the height of comparison trees. The desired species priority for all sub-items is stated in the Schedule of Treatments.

6. Select trees with an increasing height growth pattern.

7. If no healthy undamaged tree exists at the required spacing interval, leave tree with minor damage.

SUPPLEMENT: In cases where a large overstory of conifers and hardwoods exist, the Contractor will not be selecting crop (leave) trees but rather cutting trees up to 10” dbh and shrubs, and masticating ground fuels specified to contract standards.

8-2.2 Selection of Cut Trees

Cut and masticate all conifer trees less than 10” at DBH that do not meet the definition of a crop tree while observing spacing requirements. Exception would be made for sugar pine as specified in C8-2.1.3 and for pacific yew per specification 8-2.6. Cut and masticate all hardwoods that do not meet leave tree specifications as described in C8-2.1.2.

C8-2.3 Mastication Standards

All slash and other vegetative debris shall meet the following specifications when greater than two feet from any obstacle, crop tree, or hardwood:

1. No slash and other vegetative debris shall be more than 12 inches deep as measured from the ground level.

2. All conifer and brush stumps shall be a maximum height of 6 inches above the average ground level as measured on the uphill side or 12 inches above natural obstacles (i.e. logs, rocks).

3. No individual pieces of slash or vegetative debris shall be greater than 4 feet in length.

4. All boles or pieces up to 10 inches in diameter shall be masticated.

5. No damage to crop trees or Sugar Pine as a result of contract operations is permitted.

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

7. All brush within the work areas shall be masticated to within 2’ of leave trees without damage to the leave trees, with the exception of brush designated as not to be treated by the C.O.R.

8. No masticated or cut material shall lean against or be suspended by a leave crop tree.

8-2.4 Treatment of Snags

1. All snags over 10 inches in DBH that do not create a hazard to performing work shall be saved.

2. Snags over 10 inches DBH creating a hazard to performing work will be cut and masticated (according to mastication specifications) only upon approval of the COR.

3. Snags less than 10 inches DBH shall be masticated.

8-2.5 Treatment of Logs

Do not masticate or otherwise damage any existing down logs greater than 16 inches in diameter on the large end. These logs may be moved if possible following approval by the COR.

8-2.6 Treatment of Pacific Yew

All Pacific Yew trees (Taxus brevifolia) will be left and no work will be performed within 5 feet of these trees. These trees will not be considered in spacing requirements or in trees-per-acre counts.

C.8-3 Contractor-Furnished Equipment Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. The equipment shall be of low ground pressure type which meets the following specifications:

1. Ground pressure shall not exceed a maximum of 7.5 psi.

2. Machine width maximum shall not exceed 12 feet.

3. Machine shall be equipped with a masticating or mulching head. The machine must have a boom capable of reaching at least 10 feet from center of machine to perform the work described in the scope of the contract.

4. Machine shall be free of fluid leaks and have hoses in good operating condition.

5. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and replacements are the responsibility of the Contractor and shall be at the Contractor's expense. If, during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs.

6. Machine shall be cleaned before it is moved on to the work site and before transportation between units greater than 2 miles apart.

C.8-4 Government-Furnished Property

None. See Section G.

C.8-5 Public Safety

The contractor shall provide for public safety when operating equipment within 200 feet of open roadways and designated trails by posting cautionary signs warning of hazardous work ahead. Warning signs (at least two, one for each direction) shall be posted on roads. These shall be located 200’ from the intersection of the road and unit boundary at each edge of the unit. Signs shall be posted whenever working to alert oncoming traffic of the safety hazards associated with the operation. Trails must also be signed unless administratively closed by the Government. Signs shall include phrases similar to “Caution, flying debris stay back 200 feet” and be no less than 3’X3’ in size. Lettering shall be at least 6” in height.

C.8-6 Salvage Rights

N/A

C.8-7 Road Maintenance All roads used by the Contractor shall be left in the same condition the road was prior to operations. Roads must be kept clear of debris from the Contractors operations. Drainage ditches must be cleared of slash created from Contractor operations by the end of each work day. Waterbars that are disturbed by Contrator work shall be repaired to original condition or better.

D - Packaging and Marking

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E - Inspection and Acceptance

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1 Sampling

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

[ ] 1/250 acre

[ ] 1/100 acre

[X] 1/50 acre

[ ] 1/10 acre

[ ] other (specify)

[ ]Transects.

[ ]Other (specify)

E.2 Specific Inspection Procedures

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

E.2.2 Crop Tree or Cut Tree Selection – Each plot will be evaluated to determine the following (See C 8-2.1 and C 8-2.2):

E.2.2.1.

FOR AREAS WITH AN OVERSTORY OF TREES LARGER THAN 8” DBH.

A. If there is more than 1 tree left that is less than 8” dbh, or more than 1 shrub left uncut, then the plot fails.

B. If there is more than 1 hardwood that is at least 2/3 the height of surrounding conifers that is cut in the plot, the plot fails.

FOR AREAS WITHOUT AN OVERSTORY OF TREES LARGER THAN 8” DBH.

A. If there are more then 4 satisfactory crop trees (must be the best trees available and meet standards in C 8-2.1 to be counted as satisfactory) or more than 6 trees total (includes non crop trees and unsatisfactory crop trees) in the plot, then the plot fails.

B. If there are less than 2 satisfactory crop trees in the plot, the plot fails. (If other trees were not present in the plot prior to treatment than this does not apply)

C. If there is more than 1 hardwood that is at least 2/3 the height of surrounding conifers that is cut in the plot, the plot fails.

E.2.2.3-Upon inspection of all plots for a unit, the quality of thinning shall be calculated as follows:

A. Areas without an overstory component.

# of passing plots

---------------------- X 100 = Quality %

# of total plots

B. Natural Stands- Upon inspection of all plots for a unit in Item 3, the quality of thinning shall be calculated as follows:

# of passing plots

---------------------- X 100 = Quality %

# of total plots

E.2.3 Mastication and Slash Treatment for all Items

E.2.3.1 – The location of mastication and slash treatment plots will be nested inside the crop tree selection plots. A visual inspection will be made for the following. Item A and Item B will be averaged together for % quality:

A- At each plot location, mastication and slash treatment will be examined to see if it has been treated according to the specifications in Section C8-2.3 – C8-2.6. If any of the specifications are not met within the plot, the plot will fail.

B-If more than five Brush sprouts are left greater than 6 inches above the average ground level or 12 inches above obstacles such as rock or leave logs, the plot will fail.

E.2.3.2 - Upon inspection of all plots for a unit, the quality of mastication and slash treatment shall be calculated as follows:

# of passing plots for A + # of passing plots for B

-------------------------------------------------------------- X 100 = Quality %

# of total plots taken of A + B

E.2.4 Quality Percentage

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

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

E.3 Acceptance

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

E.4 Government Inspections

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

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

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

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

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

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

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

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

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

F - Deliveries or Performance

Work Timing

The Contractor shall begin work within ____5______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Estimated Start Work Date

Contract Time (Calendar Days)

All

June 1, 2010

206 days

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

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

Winter Shutdown

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

FAR 52.252-2

Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop-Work Order (Aug. 1989)

52.242-17 Government Delay of Work (Apr 1984)

AGAR 452.215-73

POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at:

U. S. Forest Service

Yuba River Ranger District

15924 Highway 49

Camptonville, California 95922 G - Contract Administration Data Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

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

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

Measurement

Methods of Measurement.

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

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

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

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

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

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

Payment

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

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

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

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

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

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

Invoices.

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

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

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments:

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

GOVERNMENT-FURNISHED PROPERTY

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

NONE

H - Special Contract Requirements

Emergencies

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

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

[ ] (a) Trail Maintenance -50 meters on either side of the centerline

[ X] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in

[ ] (c) Special for this project:

Superintendence by Contractor

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

Camping Permit Compliance

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

Archaeological and Historic Sites

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

Spill Plan

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

Equipment Cleaning

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

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

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

I - Contract Clauses

FAR 52.252-2

Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html 52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-7 Anti-Kickback Procedures. (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.204-7 Central Contractor Registration (APR 2008)

52.212-4 Contract Terms and Conditions -- Commercial Items (Mar 2009)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009) (Alternate II May 2009)

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

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

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

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

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

[Contracting Officer shall check as appropriate.]

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

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

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

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

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

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

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(7) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

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

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

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

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

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

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(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

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(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

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(31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

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

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

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

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(33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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(34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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(38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

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(40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

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(41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

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(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

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

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

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

(1) The Comptroller General of the United States, an appropriate…