!Solicitation Pkg.pdf

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 72

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

AG-9702-S-10-0557

DATE

July 28, 2009

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Patrick J. Gallegos calls) 559 297-0706 4830 LOCAL TIME

INFORMATION CALL: August 26, 2010 - 4:30 pm

9. ISSUED BY CODE 10. THIS ACQUISITON IS 11. DELIVERY FOR 12. DISCOUNT TERMS

FOB DESTINATION

USDA Forest Service UNRESTRICTED UNLESS BLOCK IS Southern Sierra Province SET ASIDE: 100 % FOR MARKED

1600 Tollhouse Rd Clovis, CA 93611

SMALL BUSINESS SEE

SCHEDULE

HUBZONE SMALL

BUSINESS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 115310

SIZE STANDARD: $7 million 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See address in Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA-National Finance Center P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM Send Invoices to Address in Block 9

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Pinecrest Interior Forest Health Stewardship Summit Ranger District –Stanislaus National Forests

DUNS:__________________________

TIN:____________________

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. ___________________ OFFER

2 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

PATRICK J. GALLEGOS

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.2\

PART I – THE SCHEDULE

SECTION B – SERVICE AND PRICES

Pinecrest Interior Forest Health Stewardship

Summit Ranger District Stanislaus National Forest

Item No. Description Quantity Unit of

Measure Unit Price Total Price

Mandatory Work Activity Description

Unit 23A, Commercial Thinning: falling and bucking of designated sawtimber in the Day Use, Marina, Commercial, and Meadow Area, 52 acres. Includes treatment of stumps, erosion control, road maintenance, traffic control, slash treatment, resource and improvement protection.

1 Lump Sum $________ $__________

Unit 23H, Commercial Thinning: falling and bucking of designated sawtimber in Cabin Areas and Camp Sylvester, 167 acres. Includes treatment of stumps, erosion control, road maintenance, traffic control, slash treatment, debris and residue raking and removal, resource and improvement protection.

Optional Work Activity Description

Unit 19, Commercial Thinning: falling and bucking of designated sawtimber and non-sawtimber in the Summit RD Admin Site, 15 acres. Includes treatment of stumps, erosion

Units 23C, Commercial Thinning: falling and bucking of designated sawtimber in Camps Blue and Gold, 77 acres.

Includes treatment of stumps, erosion control, road maintenance, traffic control, slash treatment, resource and improvement protection.

Unit 23D, Commercial Thinning: falling and bucking of designated sawtimber in the Pioneer Group Camp, 11 acres.

Includes treatment of stumps, erosion control, road maintenance, traffic control, slash treatment, resource and improvement protection.

Unit 23O, Commercial Thinning: falling and bucking of designated sawtimber and non-sawtimber in the Pinecrest Campground, 56 acres. Includes treatment of stumps, erosion

Unit 23P, Commercial Thinning: falling and bucking of designated sawtimber and non-sawtimber in Meadowview Campground, 53 acres. Includes treatment of stumps, erosion

Unit 23Q, Commercial Thinning: falling and bucking of designated sawtimber and non-sawtimber in the Camp Oski and Pinecrest Chalet and adjacent Areas, 100 acres. Includes treatment of stumps, erosion control, road maintenance, traffic control, slash treatment. Resource and improvement protection.

1 Lump Sum $________ $__________

9 Removal of Himalayan Blackberry, 4 sites, 0.25 acres 1 Lump

NOTE: Offerors must provide pricing for all of the above items (Mandatory & Optional Work Activities). Award for any or all items will be made to only one offeror. There will be no multiple awards.

Optional Work Activities in the Schedule of Items above shall be performed if authorized in writing by Contracting Officer. Such authorization may occur at award or any time during the contract period and be for all or a portion of the quantity shown. Optional Work Activities may be selected and authorized in any order.

All offers must include a total offer value below for the mandatory timber cutting units. If an offer is entered for the optional timber cutting units, timber removal will be required.

Offer for timber products includes all costs to Contractor for logging and haul.

VALUE OF TIMBER PRODUCTS TO BE APPLIED AT FLAT RATES

Mandatory Work Items 1 and 2: Units 23A and 23H

SPECIES

PRODUCT

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

1/

TOTAL OFFER

PP/JP Sawlog 54 CCF $ 5.00/CCF $________ $_____________

SP Sawlog 4 CCF $ 5.00/CCF $________ $_____________

WF/RF Sawlog 239 CCF $ 15.05/CCF $________ $_____________

IC Sawlog 69 CCF $ 29.17/CCF $________ $_____________

LP Sawlog 21 CCF $ 1.00/CCF $________ $_____________

1/ Flat Stumpage Offer Rates for these Mandatory Work Units (23A & 23H) will also be applied to the Optional Work Units (19, 23C, 23D, 23O, 23P and 23Q)

TIMBER QUANTITIES

The quantity of all Included Products has been estimated and the Forest Service makes no guarantees as to the estimated quantity. For these reasons, offerors are urged to examine the contract area and make their own estimates. See CT.4 Volume Estimate, in Appendix B.

Sawlog Volume: Net CCF

Unit Acres Item No. PP/JP SP WF IC LP All Species 19 15 3 - Optional 9.7 4.2 76.0 20.9 0.0 110.8

23A 52 1- Mandatory 37.9 1.4 76.0 46.5 20.4 182.1 23C 77 4 - Optional 31.1 10.5 144.4 24.7 0.4 211.1 23D 11 5 - Optional 2.2 0.3 34.5 2.4 0.0 39.4 23H 167 2- Mandatory 16.4 3.0 163.1 22.2 0.4 205.0 23O 56 6 - Optional 20.2 2.6 47.6 15.9 8.6 94.8 23P 53 7 - Optional 10.3 1.7 72.0 20.4 2.2 106.6 23Q 100 8 - Optional 5.6 2.8 121.2 14.5 0.0 144.3 Total 531 133.4 26.6 734.7 167.4 31.9 1,094.1

The Cruise Data is available for inspection at the Summit Ranger District Office, #1 Pinecrest Lake Road, Pinecrest, CA 95364.

CRUISE DATA

Fixed rates of $0.50/CCF and $0.13/Green Ton shall apply to Cull Logs and Non-Sawlogs (Biomass) respectively. Payment for biomass shall be based on 25 Green Tons per loaded chip van that leaves the Project Area, unless otherwise agreed in writing. Sawlog removal within the Units 19, 23C, 23D, 23O, 23P and 23Q shall only occur if associated optional service work is authorized by Forest Service. Flat Stumpage Offer Rates for these Optional Work Units (19, 23C, 23D, 23O, 23P and 23Q) shall be the same as the Mandatory Work units 23A and 23H.

TIMBER SUBJECT TO AGREEMENT

FAR 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph

(b) in all subcontracts. (End of clause)

FAR 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT – REPORTING

REQUIREMENTS (Jul 2010)

(a) Definitions. For definitions related to this clause (e.g., contract, first-tier subcontract, total compensation etc.) see the Frequently Asked Questions (FAQs) available at http://www.whitehouse.gov/omb/recovery_faqs_contractors. These FAQs are also linked under http://www.FederalReporting.gov.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act).

Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from the Contractor for all work funded, in whole or in part, by the Recovery Act, are due no later than the 10th day following the end of each calendar quarter. The Contractor shall review the Frequently Asked Questions (FAQs) for Federal Contractors before each reporting cycle and prior to submitting each quarterly report as the FAQs may be updated from time-to-time. The first report is due no later than the 10th day after the end of the calendar quarter in which the Contractor received the award. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter. For information on when the Contractor shall submit its final report, see http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 http://www.whitehouse.gov/omb/recovery_faqs_contractors� http://www.federalreporting.gov/� http://www.whitehouse.gov/omb/recovery_faqs_contractors� percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and address the impact on the Contractor’s and first-tier subcontractors’ workforce for all first-tier subcontracts valued at $25,000 or more. At a minimum, the Contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the Contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work;

and

(ii) An estimate of the number of jobs created and jobs retained by the prime Contractor and all first-tier subcontracts valued at $25,000 or more, in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is valued at $25,000 or more and not subject to reporting under paragraph 9, the Contractor shall require the subcontractor to provide the information described in paragraphs (d)(1)(i), (ix), (x), (xi), and (xii) of this section to the Contractor for the purposes of the quarterly report. The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The Contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

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(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country.

Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(xii) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and address the impact on the subcontractor’s workforce. At a minimum, the subcontractor shall provide—

(A) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the subcontractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(B) An estimate of the number of jobs created and jobs retained by the subcontractor in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(End of clause

FAR 52.215-2 AUDIT AND RECORDS –NEGOTIATION (MAR 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General.—

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

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and

(e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and—

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

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(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

Alternate I (Mar 2009). As prescribed in 15.209(b)(2), substitute the following paragraphs (d)(1) and (g) for paragraphs (d)(1) and (g) of the basic clause:

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

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 or http://farsite.hill.af.mil/

52.236-7 Permits and Responsibilities (Nov 1991) 52.245-1 Government Property (Jun 2007) 52.223-1 Biobased Product Certification (Dec 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Dec 2007) 452.236-73 Archaeological or Historic Sites (AGAR) (Feb 1988) 452.236-77 Emergency Response (AGAR) (Nov 1996)

(End of clause) https://www.acquisition.gov/far/current/html/Subpart%2015_2.html#wp1125443� http://farsite.hill.af.mil/�

PERFORMANCE STATEMENT OF WORK (PSW)

1. PROJECT DESCRIPTION

(a) Description of Work

This solicitation and any resultant contract is a stewardship project in accordance with Section 323 of Public Law 108-7 (16 U.S.C. 2104 Note, as revised February 28, 2003 to reflect sec. 323 of J.J. Res. 2 as enrolled), the Consolidated Appropriations Resolution, 2003, amending Public Law 105-277, sec. 347. This is a commercial item acquisition that has been tailored to fit the Government’s method of trading goods for services.

The purpose of this contract is to secure a complete set of services for developing a defensible fuel profile zone within the community of Pinecrest through commercial thinning as well as improving forest and meadow health. There are 9 work activity offer items that will be treated in addition to thinning and removal of commercial sawlogs on 219 acres. These stewardship work activity items are described in detail in Appendix A and attachments. The nine items have differing requirements for treatment of the material, see specifications below. Treatment areas consist of: day use and commercial areas; cabin lots; campgrounds; Summit Ranger District Office Compound; and Group Sites and Camps. Commercial thinning will be accomplished through cutting of individually designated trees. Reduction of hazardous fuels will be accomplished by the removal and/or treatment of thinned trees, associated slash, and stump (Sporax) treatment.

The primary service work tasks entail hand felling and bucking of trees along with associated stump treatment, erosion control, road maintenance, traffic control, slash treatment, resource and improvement protection. Service items include, but are not limited to: felling and bucking of sawlog and non-sawlog trees; slash treatment of small trees, live cull trees, tops of sawlog trees and limbs, etc.; stump treatment;

flush-cutting of all stumps; erosion control; road maintenance; improvement protection; resource protection; and Himalayan Blackberry removal.

The skidding, loading, and hauling of sawlog products are not service items and were included in the appraisal in order to determine the value of forest products.

All Included Timber (sawtimber and non-sawtimber) has been marked with tree marking paint. Maximum tree diameter is 29.9 inches at dbh. Minimum tree height for non-sawlog material is 3 feet tall. Required equipment on project area include: a self-loading log truck; and rubber tired equipment with endline capability. In addition, in order to harvest timber and protect improvements it is anticipated that the Contractor will also need: a boom truck (to piece down some difficult designated trees); tree climbing gear; line pulling capability in standing trees; and large tires to protect roads when felling trees into the road prism. Contractor will be responsible for repairing any damage to improvements as a result of their operations. Contractor shall need a metal detector to find metal in designated trees. All trees shall be felled manually. Unless otherwise agreed, mechanized felling equipment is prohibited within project area. The designated non-sawlog material (tops of sawlog trees, limbs, and small trees) will be chipped and removed to designated locations within Units 23D, 23O and 23P in accordance with the following terms and specifications.

Recut stumps and bole sections with embedded metal shall also be disposed of.

Hand piling will be allowed in more remote areas. Sporax (annossum root disease prevention) will be applied to all stumps 2 inches in diameter and greater.

Contractors will be required to have a Certificate of Liability Insurance of $2 million to cover tree removal.

A Tuolumne County Encroachment Permit is an additional requirement of this contract. Any site inspection or other encroachment permit fees are in addition to other charges and shall be paid by the Contractor directly to the County. A traffic control plan shall be agreed to by Contractor and Forest Service prior to commencing operations. Contractor must have traffic control signs acceptable to Forest Service (see examples in Appendix D) and post flagmen where appropriate while limiting traffic closure to spans of less than 10 minutes if detours are unavailable.

Prior to harvest operations, Contractor shall contact the: Pinecrest Permittees Association (PPA) in regards to improvement locations (water, sewer, gas lines, etc.). Contractor should not anticipate any line drops (phone or distribution lines) occurring within the Project Area.

A show-me-trip for prospective offerors will be held August 5, 2010 at 11:00 a.m. at the Summit Ranger District Office, #1 Pinecrest Lake Road in Pinecrest, CA. Prospective offerors are highly encouraged to participate in this tour as well as inspect the area on their own.

(b) Unit Description

Work unit boundaries are shown on the Contract Area Map(s) and delineated on the ground with orange flagging. Unit boundaries bordering roads are not flagged.

(c) Project Location

The entire Project Area is within the Summit Ranger District on the Stanislaus National Forest.

The Project Area lies within the community of Pinecrest, CA around cabins and other structures. This includes all associated amenities such as telephone lines and boxes, distribution power lines, propane tanks, buried sewer, water and gas lines, fire hydrants, water faucets, rock retaining walls, fences, roads, trails, signs, barriers, picnic tables, fire rings, pedestal barbecues, outside furniture, garbage cans, outbuildings, meadows, amphitheatre, controlled areas, etc. The legal description of the Project Area is T.4N. R.18E. Sections 15, 21, 22, 28 & 29, MDB&M.

2. SPECIFICATIONS

Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Associated road maintenance specifications is in Appendix C and sign diagrams with Standard Form 1413 in Appendix D.

3. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system he will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure.

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

4. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

5. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

6. 52.211-10 COMMENCEMENT, PROSECUTION, COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within 3 calendar days after receipt of Notice to Proceed or Task Order for specific work items,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than May 31, 2012. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services.

Timber Removal activities shall be scheduled and carried out in accordance with the

Timber Removal Specifications in Appendix B and as approved by the Contracting Officer.

Scheduling of work may be restricted based on the following:

It is estimated that work will begin September 7, 2010. Actual date is negotiable based upon actual award date, prospective work, and weather conditions. All service work within Mandatory Work Item No. 1 shall be completed by October 31, 2010. If Optional Work Item No. 5 is awarded to Contractor, service work shall be completed by December 31, 2010.

7. RESTRICTIONS ON WORK

Work may be performed at any time during the period of the contract, except as outlined here. All required work (felling, sporax application, chipping, and piling) must be accomplished in each work area prior to moving to a new one. At no time will slash be left longer than 48 hours in the cabin areas without final treatment occurring. 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:

a. In accordance with the Fire Precautions and Emergency Measures in Clause 39.

b. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage, or operations are causing excessive soil erosion or compaction.

c. Normal Operating Season is from May 1 to October 31, of any year. Contractor may work out outside the Normal Operating Season provided they adhere to the Wet Weather / Winter Operation Standards.

d. Limited Operating Periods (LOP) shall be observed for the entire project area from the Friday preceeding Memorial Day until the day after Labor Day, unless otherwise agreed. Harvest and stewardship work activities are prohibited. All required erosion control and slash treatment measures shall be completed concurrently with logging operations.

e. Within Units 23D (Pioneer Group Camp), 23O (Pinecrest Campground), 23P (Meadowview Campground) and 23A (Day Use Area only) operations are prohibited from May 15 to September 15, unless otherwise agreed.

f. Contractor’s Operations are prohibited on legal holidays and weekends and shall not begin until 8:00 a.m. and must cease at one hour after sunset, unless otherwise agreed.

g. For the entire project area, no ground disturbing activities are permitted within Protected Areas shown on the Contract Area Map.

8. SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required prior to issuance of a Notice to Proceed for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed. All schedules and reports shall be submitted to Contracting Officer or designated representative.

ITEM DESCTRIPTION COPIES

REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officers Written approval prior to starting work on the project.

Traffic Control Plan 2 Soil Erosion and Water Pollution Control Plan 2 Designation of Contractor personnel describing responsibilities and authorities 2

9. PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not offset the value of the work to be performed.

Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber value during the contract period. If payment is to be made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments.

The value of work completed and timber removed will be documented in an Integrated Resource Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

10. STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the schedule has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the schedule. Earned credits may be used to pay for included timber value. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

11. ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2 and Appendix B Timber Removal Specification.

12. TIMBER PAYMENT GUARANTEE

(1) General—(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 30 to 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

If at any time, the value of unobligated earned Stewardship Credits plus the amount of Timber Payment Guarantee is not sufficient to cover any outstanding charges for timber hauled plus the value of timber to be cut in the next 10 calendar days, the Contracting Officer shall suspend the cutting and/or hauling of timber until such time as more Stewardship Credits are established, or acceptable Timber Payment Guarantee is received.

(c) Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

(3) Blanket Surety Bond—(a) Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for timber from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Surety Bond.

(c) When there is to be no timber cutting hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor’s request.

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing FS Form 6500-12a.

(4) Letters of Credit for Payment Bond—Contractor may use letters of credit in lieu of a surety bond for payment bond purposes when approved by Contracting Officer.

13. EXCESS STEWARDSHIP CREDITS

In the event there are unused established Stewardship Credits when all of the included timber has been cut and removed the Forest Service, at its option, shall either add more timber or make cash payment for the unused credits.

14. EXCESS TIMBER VALUE

In the event the value of the included timber exceeds the total value of all of the mandatory activities plus the ordered elective activities, the Contractor shall make cash payment for the excess timber value.

15. REFUND OF EXCESS CASH

If at any time the credit balance of Integrated Resource Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess that is due to cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made.

After a refund for a shutdown, deposits shall be made to meet the requirements of the clause entitled, TIMBER PAYMENT GUARANTEE before additional timber may be cut.

16. FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of 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.

17. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at the Stanislaus National Forest Supervisor’s Office in Sonora, California, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

18. FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) - The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) - Additional informational material that will be made available on request to contractors includes but is not limited to: environmental documentation, timber cruise data, appraisal, maps, access permits, etc. Copies of the above documents are on file at the Summit Ranger District and Stanislaus National Forest Supervisor’s office. The Forest Service has determined the estimated quantities of Included Timber in accordance with the volume equations or tables approved for use in the area by the Forest Service with adjustment for defect as appropriate. The Forest Service makes no representation, warranty, or guarantee of the accuracy of the estimate.

19. AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer.

A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (i) dispose of solid waste in accordance with applicable Federal, State and local regulations.

20. AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager Logging and Road Maintenance Supervisor Individual Sub-Managers – Individuals supervising individual sub-contracts or work items not covered by personnel noted previously herein.

(b) During the first 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 substitutes, 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.

21. 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 unauthorized aliens. 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.

22. 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, recordkeeping, 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. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly.

At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable.