AG-9A28-S-08-0007.pdf

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 37

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 148323

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

DATE

AG-9A28-S-08-0007

DATE

6 Mar 2008

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

7. FOR SOLICITATION Marilyn Ladd calls) 530-226-2451 LOCAL TIME INFORMATION CALL: 7 Apr 2008 - 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 Northern Province Acquisitions, Redding Office SET ASIDE: 100 % FOR MARKED

3644 Avtech Parkway, Suite 180 SMALL BUSINESS SEE SCHEDULE

Redding CA 96002 HUBZONE SMALL BUSINESS 13a. THIS CONTRACT IS A RATED

8(A) ORDER UNDER DPAS (15 CFR 700)

13b. RATING

NAICS: 115310

SIZE STANDARD: $6.5 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

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

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

Mechanical Roadside Veg Removal USDA Forest Service – Six Rivers National Forest

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

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

0 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) Pamela J. Vilhauer

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\

PROJECT REFERENCE NO OF DOCUMENT BEING CONTINUED PAGE OF

Roadside Veg Removal – Six Rivers National Forest AG-9A28-S-08-0007 2 37

PART I - SCHEDULE OF ITEMS

SECTION B - SUPPLIES OR SERVICES

AND PRICES/COSTS

Contractor shall furnish all labor, equipment, supervision, transportation, supplies, and any incidentals necessary for cutting roadway vegetation on Forest Development Roads within the boundaries and jurisdiction of the Six Rivers National Forest.

1 GASQUET RANGER DISTRICT

842(01) Cutting Roadway Vegetation 5.0 MI $ $ Both sides 842(02) Cutting Roadway Vegetation 1.0 MI $ $ One Side 883(1) Cleaning of Equipment 5 EA $ $

2 ORLEANS/UKONOM RANGER DISTRICT

842(01) Cutting Roadway Vegetation 5.0 MI $ $ Both sides 842(02) Cutting Roadway Vegetation 1.0 MI $ $

3 LOWER TRINITY RANGER DISTRICT

Both sides 842(02) Cutting Roadway Vegetation 1.0 MI $ $

4 MAD RIVER RANGER DISTRICT

Both sides 842(02) Cutting Roadway Vegetation 1.0 MI $ $

FAR 52.216-27 Single or Multiple Awards (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000, but not in excess of $150,000.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of contract award through twelve months.

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Note 1: No more than 2 contract awards will be made from this solicitation.

Note 2: An Offeror may limit its offer to one or more District(s) for which it is interested in receiving an award. Award will be made by District(s), as defined in C.1

Note 3: Be sure to submit the information required to be evaluated for contract award as identified in Section M of this solicitation. Failure to submit the required information will cause the offeror to be evaluated as if it had no experience/past performance or quality control plan.

Vendors must have an active registration in the Central Contractor Registration (CCR).

Additionally, vendors are requested to complete the required representations and certifications electronically at the On Line Representations and Certifications Application (ORCA). Both applications may be accessed through the following website: http://www.bpn.gov

Contractors should submit the following:

1) Completed Form SF-1449 (page 1), and

2) Sufficient information to determine if you meet the evaluation factors listed in FAR 212-2

Evaluations – Commercial Items (page 27). The Experience Questionnaire (pages 36-37) is provided to assist contractors in providing the evaluation information, however it is not mandatory.

Representations and Certifications. If the ORCA program is not completed, FAR Clause 52-212-3 Offeror Representations and Certifications--Commercial Items – (included in the solicitation) must be completed and returned with the above submittals (pages 27-35).

http://www.bpn.gov/

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CONTINUATION OF SF1449

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

ADDENDUM TO CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FAR 52.212-4)

(FEB 2007)

Replace paragraph (c) Changes, with FAR clause 52.243-1 Changes – Fixed Price (Alternate I) (AUG 1987)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (FAR 52.212-5) (DEC 2007)

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

(1) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(2) 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) which 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:

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

(2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(4) [Reserved]

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

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

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

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

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

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

(7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)).

(8) (i) 52.219-9, Small Business Subcontracting Plan (Sept 2007) (15 U.S.C. 637 (d)(4)).

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

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

(9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

(10) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999)(15 U.S.C. 637 (d)(4)(F)Ii)).

(11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

(12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

(14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)

(15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

(16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

http://www.arnet.gov/far/

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(17) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Jan 2006) ( E.O. 13126).

(18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

(21) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O.

13201).

(24) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

(25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

(ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(27) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O.). 13423)

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

(28) 52.225-1, Buy American Act - Supplies (June 2003) (41 U.S.C. 10a-10d).

(29) (i) 52.225-3, Buy American Act—Free Trade Agreement - Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 180-78).

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

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

(30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(31) 52.225-13, Restriction on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150)

(33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150)

(34) 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)).

(35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(36) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(37) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

(38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

(39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006 2003) (46 U.S.C. Appx 1241 (b) and 10 U.S.C. 2631).

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

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

(1) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005) (41 U.S.C. 351, et seq.).

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

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Roadside Veg Removal – Six Rivers National Forest AG-9A28-S-08-0007 6 37

(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.).

(5) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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

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

13201)

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)) (Flow done required in accordance with paragraph (f) of FAR clause 52.222-50.

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

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

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through through twelve months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

Roadside Veg Removal – Six Rivers National Forest AG-9A28-S-08-0007 7 37

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $150,000;

(2) Any order for a combination of items in excess of $150,000; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 1 Jul 2009.

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CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Multiple-Award Roadside Mechanical Vegetation Removal for the Six Rivers National Forest.

GENERAL SCOPE

The purpose and intent of this contract is to secure mechanical roadside vegetation removal for the Districts of the

Six Rivers National Forest. Attached is the Area Map; Road Structure Details; Roadside Cutting Limits and Signing requirements. The individual task orders will be estimated at a minimum of $5,000.00 to be considered for award through this contract.

The Districts are defined as follows:

1. GASQUET RANGER DISTRICT

2. ORLEANS/UKONOM RANGER DISTRICT

3. MAD RIVER RANGER DISTRICT

4. LOWER TRINITY RANGER DISTRICT

Upon award of a task order to the Contractor, the Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications included in each task order.

The government reserves the right to not award any projects under this contract funded under the National Fire Plan or through any newly legislated funding program with special award criteria.

APPLICABLE SPECIFICATIONS/ACCEPTABLE QUALITY LEVELS

842 CUTTING ROADWAY VEGETATION (1/08)

842.01 Service Required

Remove and dispose of vegetation to provide for user safety, and to facilitate routine roadway surface and drainage maintenance.

842.02 Performance Standard

General: Acceptable performance is attained when vegetation has been removed in accordance with the following requirements and those on Drawing 842.

1. Vegetation six (6) inches or less in diameter, within the cutting limits, shall be cut to a maximum height of six

(6) inches above the ground surface or 2 feet below the roadbed. Vegetation shall be removed to the limits shown on Drawing 842.

2. Trees within the cutting limits which are over six (6) inches in diameter shall be limbed in lieu of cutting. Limbs shall be cut within four (4) inches of the trunk.

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3. Trees or vegetation that restrict sight distance on the inside of road curves shall be cut or limbed to provide 125 feet of sight distance, measured from the centerline of the traveled way. The maximum cutting distance required to provide sight distance shall be as shown on Drawing 842.

4. Trees and vegetation growing in the ditch line, on the shoulder, on the roadbed or at culvert inlets and outlets shall be cut to a maximum height of three (3) inches above the ground.

5. Limbs and chunks in excess of three (3) inches in any dimension shall be removed from the traveled way and shoulders.

6. Trees and large branches shall be cut into lengths not to exceed four (4) feet.

842.03 Measurement

Measurement under this section will be made by the total number of completed and accepted units for each item listed in the Schedule.

Measurement for cutting vegetation will be determined by measuring the distance along the road centerline to the nearest one-tenth (1/10) mile on each road or road segment shown on the road listing.

842.04 Payment

Payment will be made under:

Pay Item Pay Unit

842(1)a Cutting Roadway Vegetation, Both Sides Mile Heavy Vegetation

842(1)b Cutting Roadway Vegetation, Both Sides Mile Moderate Vegetation

842(2)a Cutting Roadway Vegetation, One Side Mile Heavy Vegetation

842(2)b Cutting Roadway Vegetation, One Side Mile Moderate Vegetation

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842.06 Acceptable Quality Levels

Description Major Defect Allowable

Major Defects

Action Required to

Correct Major

Defects

Minor Defect Allowable Minor Defects

Action Required to

Correct Minor Defects

Vegetation Removal

Vegetation remaining above the roadbed within the cutting limits

None Rework

Vegetation remaining within the cutting limits, but outside the road bed.

An aggregate total of 100 linear feet in any one mile segment. Spot occurrences shall count for a minimum of 10 linear feet.

An aggregate total of 100 linear feet in any one mile segment. Spot occurrences shall count for a minimum of 10 linear feet.

Tree Damage

Bark peeled more than 6 inches in any dimension

None

Treat with approved sealer or remove tree as directed by the C.O.

Bark peeled less than 6 inches in any dimension

A total of 10 occurrences in any one mile segment.

Treat with approved sealer, if more than 10 occurrences in any one mile segment exist.

Brushing Debris

Disposal

Scatter debris along fill slopes or outside cutting limits greater than 18 inches in depth

None Rework

Continuous debris concentrations 18 to 12 inches in height

A maximum of 100 linear feet

Rework if concentrations extend more than 100 feet.

Brushing Debris

Disposal

Brushing debris placed in a drainage facility (ditch or culvert)

None Rework Brushing debris placed on a cut slope

5 occurrences in any one mile segment.

Rework, if more than 5 occurrences in any one mile segment exists.

SECTION 883 CLEANING OF EQUIPMENT (1/08)

883.01 Services Required

Remove all soil from equipment working in areas infected with Port-Orford-Cedar Root Rot or containing noxious weeds. The locations of the infected areas will be noted in the Task Orders.

883.02 Performance Standard

Cleaning shall consist of the removal of all soil from equipment. Areas for cleaning of equipment will be designated by the Government. Cleaning will be inspected and accepted by the Government prior to the equipment leaving the area.

All equipment shall be clean when mobilized onto the Forest or moved from one District to another.

883.03 Measurement

Measurement under this section will be made by the total number of completed and accepted units for each item listed in the Schedule.

883.04 Payment

A. Payment will be made under:

Pay Item Pay Unit

883(1) Cleaning of Equipment Each

883.06 Acceptable Quality Levels

Description Major Defect

Allowable Major

Defects

Action Required to Correct

Major Defects

Minor Defect Allowable

Minor Defects

Action Required to

Correct Minor

Defects

Equipment Cleaning

Soil remaining on equipment post cleaning

None Rework

Soil in the tracks or tires within the cleaning area

Minor amounts of soil from the cleaning prior to transport loading

Rework on transport

GOVERNMENT QUALITY ASSURANCE SURVELIANCE PLAN

The Contractor shall notify the COR when a road segment is ready for inspection. The Government will conduct an initial inspection within three days. If no actions are necessary to correct major or minor defects, the work will be accepted. This will result in a PBSC Incentive.

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If the results of the initial inspection reveal major or minor defects that require corrective actions, the Contractor will be notified within 24 hours of the inspection. When the corrective actions have been completed, the Contractor will notify the COR when the road is ready for re-inspection.

Each re-inspection will result in a deduction of $100 from the invoice and will be discussed prior to receipt of the invoice from the contractor.

PERSONNEL AUTHORIZED TO PLACE ORDERS AGAINST THIS CONTRACT

The following Forest Service personnel are authorized to place, compete, award, and administer task orders under this contract:

Any warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract within the physical boundaries of this contract.

CERTIFICATIONS AND REPRESENTATIONS DURING THE CONTRACT PERFORMANCE PERIOD

Over the period of the contract, if there are any changes to the Certifications and Representations submitted by the Contractor at time of award, the Contractor shall notify the Contracting Officer of the changes in writing within ten (10) days of their occurrence.

ATTACHMENTS

Wage Determination Fire Plan Map and Drawings (separate Attachment)

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REGISTER OF WAGE DETERMINATIONS UNDER ³ U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT ³ EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor ³ WAGE AND HOUR DIVISION

³ WASHINGTON, D.C. 20210

³ ³ William W. Gross Division of Wage ³ Wage Determination No: 1977-0727 Director Determinations ³ Revision No: 34 ³ Date Of Revision: 10/19/2007 State: California Area: California Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on service contracts for forestry, land management, the cleaning of public use areas and timber inventory services.

OCCUPATION CODE - TITLE MINIMUM WAGE

RATE

08010 - Brush/Precommercial Thinner 13.83 08040 - Choker Setter 14.51 08070 - Faller/Bucker 32.06 08100 - Fire Lookout 13.83 08160 - Forestry/Logging Heavy Equipment Operator 16.39 08190 - Forestry Technician 15.36 08200 - Forestry Truck Driver 16.62 08250 - General Forestry Laborer 13.53 08280 - Nursery Specialist 19.18 08310 - Slash Piler/Burner 13.83 08340 - Tree Climber 15.52 08370 - Tree Planter 12.30 08400 - Tree Planter, Mechanical 12.30

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.16 per hour or $126.40 per week or $547.73 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.)

(See 29 CFR 4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by

Roadside Veg Removal – Six Rivers National Forest AG-9A28-S-08-0007 14 37 laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

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{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

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FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS

6-14-2006

(Ref: FSH 6309.32 and 6309.11)

1. SCOPE:

The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish a suppression plan for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down.

2. RESPONSIBILITIES:

A. Contractor

(1) Shall abide by the requirements of this Fire Plan.

(2) Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape.

(3) Shall permit and assist in periodic testing and inspection of required fire equipment. Contractor shall certify compliance with specific fire precautionary measures in the fire plan, before beginning operations during Fire Precautionary Period and shall update such certification when operations change.

(4) Shall designate in the fire plan and furnish on Contract Area during operating hours a qualified fire supervisor authorized to act on behalf of Contractor in fire prevention and suppression matters.

Shall complete the Contractor's Plan Regarding Personnel and shall furnish the Contracting Officer (CO) with a copy prior to commencing work at the site. Shall currently advise the CO of any changes in personnel as the changes occur. Shall revise Section 6.B to reflect current activities upon request of the

CO.

B. Forest Service

The Forest Service may conduct one or more inspections for compliance with the fire plan. The number, timing, and scope of such inspections will be at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above.

3. TOOLS AND EQUIPMENT:

A. The Contractor shall comply with the following requirements during the fire precautionary period as defined by unit administering contracts unless waived in writing:

The Fire Precautionary Period is ________________ to ________________.

Contractor shall equip each operating tractor and any other internal combustion engine with a spark arrester, except for motor vehicles equipped with a maintained muffler as defined in C.P.R.C. Section 4442 or tractors with exhaust-operated turbochargers. Spark Arresters shall be a model tested and approved under Forest Service Standard 5100-1a as shown in the. National Wildlife Coordinating Group Spark Arrester Guide, Volumes 1 and 2, and shall be maintained in good operating condition.

Contractor shall meet minimum requirements of Sections 4427 and 4428 of the California Public Resources Code (C.P.R.C.). Fire tools kept at each operating landing shall be sufficient to equip all employees in the felling, yarding, loading, chipping, and material processing operations associated with each landing. Fire equipment shall include two tractor headlights for each tractor dozer used in Contractor's Operations. Tractor headlights shall be attachable to each tractor and served by an adequate power source.

Roadside Veg Removal – Six Rivers National Forest AG-9A28-S-08-0007 17 37

Where cable yarding is used, Contractor shall provide a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump within 10 feet of each tail and corner block.

Trucks, tractors, pickups and other similar mobile equipment shall be equipped with and carry at all times a size 0 or larger shovel with an overall length of not less than 46 inches and a 2-1/2 pound axe or larger with an overall length of not less than 28 inches.

Contractor shall equip each internal combustion yarder, fuel truck, and loader with a fire extinguisher for oil and grease fires (4-A:60-B:C).

Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, hot saws, stroke delimber, etc), except tractors and skidders, with at least two 4-A:60-B:C fire extinguishers or equivalent. In addition, concentrations of wood dust and debris shall be removed from such equipment daily.

Additional extinguishers and sizes may be required at landings in accordance with Section 5.

Each power saw shall be equipped with a spark arrester approved according to C.P.R.C. Section 4442 or 4443 and shall be maintained in effective working order. One fire extinguisher meeting specifications of C.P.R.C. Section 4431 shall be kept with each operating power saw. A size 0 or larger shovel with an overall length of not less than 38 inches shall be kept with each gas can but not more than 300 feet from each power saw when used off cleared landing areas.

Contractor shall meet minimum requirements of Section 4430 of the California Public Resources Code (C.P.R.C.). Contractor shall provide a water tank truck or trailer on or in proximity to Contract Area during Contractor 's Operations hereunder during Fire Precautionary Period unless otherwise agreed.

When Project Activity Level B or higher is in effect, a tank truck or trailer shall be on or immediately adjacent to each active landing unless otherwise excepted when hot saw technology is being used. See Section 5 for specific contract requirements.

The tank shall contain at least 300 gallons of water available for fire suppression. A water sprinkling tank truck will meet this requirement if provision is made to insure that the minimum of 300 gallons is available for fire suppression at all times. Ample power and hitch shall be readily available for promptly and safely moving tank over roads serving Contract Area. Tank truck or trailer shall be equipped with following:

(1) Pump, which at sea level, can deliver 23 gallons per minute at 175 pounds per square inch measured at the pump outlet. Pumps shall be tested on Contract Area using a 5/16 inch orifice in the Forester One Inch In-Line Gauge test kit. Pump shall meet or exceed the pressure value in the following table for nearest temperature and elevation:

T e m p

Sea

Leve l

Feet

10000

55 179 23 174 23 169 23 165 22 161 22 157 22 153 22 150 21 146 21 142 21 139 21 70 175 23 171 23 166 22 162 22 158 22 154 22 150 21 147 21 143 21 139 21 136 20 85 171 23 168 23 163 22 159 22 155 22 151 21 147 21 144 21 140 21 136 20 133 20 100 168 23 164 23 159 22 155 22 152 22 148 21 144 21 141 21 137 20 133 20 131 20

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

The pump outlet shall be equipped with 1-1/2 inch National Standard Fire Hose thread. A bypass or pressure relief valve shall be provided for other than centrifugal pumps.

(2) 300 feet of 3/4-inch inside diameter rubber-covered high-pressure hose mounted on live reel attached to pump with no segments longer than approximately 50 feet, when measured to the extreme ends of the couplings. Hose shall have reusable compression wedge type 1-inch brass or lightweight couplings (aluminum or plastic). One end of hose shall be equipped with a coupling female section and the other end with a coupling male section. The hose shall, with the nozzle

Roadside Veg Removal – Six Rivers National Forest AG-9A28-S-08-0007 18 37 closed, be capable of withstanding 200 PSI pump pressure without leaking, distortions, slipping of couplings, or other failures.

(3) A shut-off combination nozzle that meets the following minimum performance standards when measured at 100 P.S.I. at the nozzle:

G.P.M. Horizontal Range Straight Stream 10 38 feet Fog Spray 6 - 20 N/A

(4) Sufficient fuel to run pump at least 2 hours and necessary service accessories to facilitate efficient operation of the pump.

When Contractor is using Hot Saw Technology, an additional 500 feet of not less than one (1) inch outside diameter serviceable hard rubber poly or rubber lined or fiber jacket rubber lined (FJRL) hose shall be immediately available for use and be capable of connecting to the 300 feet of hose and appurturances in (2) and (3) above. Synthetic hose may be used by agreement.

B Any additional fire plan requirements:

4. GENERAL

A. State Law. The Contractor shall comply with all applicable laws of the State of California. In particular, see California Public Resource Codes.

B. Permits Required. The Contractor must secure a special written permit from the District Ranger or designated representative before engaging in any of the activities listed below. The terms and conditions of any of the permits required for this contract are as shown on copies attached to the Fire Plan.

(1) Blasting and Storage of Explosives and Detonators. (Explosives Permit required by California Health & Safety Code, Section 12101.)

(2) Burning.

(3) Air Pollution. (Issued by local State or County Air Pollution Control Districts, as applicable.)

(4) Camp, Lunch and Warming Fires.

(5) Welding and Cutting.

C. Regulations for Burning. Before setting any fires whatsoever, the Contractor shall notify the CO of his/her intentions. Special care shall be taken to prevent scorching or causing any damage to adjacent structures, trees, and shrubbery. Piles of material to be burned shall be of such size and so placed that during burning no damage shall result to adjacent objects.

D. Smoking and Fire Rules. Smoking shall not be permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter (CPRC 4423.4). In areas closed to smoking, the CO may approve special areas to be used for smoking. The Contractor shall sign designated smoking areas. Contractor shall post signs regarding smoking and fire rules in conspicuous places for all employees to see. Contractor's supervisory personnel shall require compliance with these rules. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment, or walking or working in grass and woodlands.

E. Storage and Parking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all flammable material for a radius of at least 10 feet unless otherwise specified by local administrative unit. Small mobile or stationary internal combustion engine sites shall be cleared of flammable material for a slope distance of at least 10 feet from such engine. The COR shall approve such sites in writing.

F. Welding. Contractor shall confine welding activity to cleared areas having a minimum radius of ten feet measured from place of welding.

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G. Blasting. Contractor shall use electric caps only unless otherwise agreed in writing. When blasting is necessary in slash areas, a watchperson equipped with a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump shall remain in the immediate area for an hour after blasting has been completed.

H. Oil Filter and Glass Jugs. Contractor shall remove from National Forest lands oily rags and used oil filters and shall prohibit use of glass bottles and jugs in Contractor's Operations.

I. Reporting Fires. As soon as feasible but no later than 15 minutes after initial discovery, Contractor shall notify Forest Service of any fires on Contract Area or along roads used by Contractor.

J. Communications. Contractor shall furnish a serviceable telephone, radio-telephone or radio system connecting each operating side with Contractor's headquarters. When such headquarters is at a location which makes communication to it clearly impractical, Forest Service may accept a reasonable alternative location. The communication system shall provide prompt and reliable communications between Contractor's headquarters (or agreed to alternative) and Forest Service via commercial or Forest Service telephone. The communications system shall be operable during Contractor's Operations in Fire Precautionary Period described in Section 3 and during the time fire patrolperson service is required. A radio-equipped fire patrolperson vehicle will satisfy this requirement if in operation during the time required except during PAL levels “D” and “Ev”. See Section 5 for other communication requirements when operating on “D” and “Ev” days with hot saw technology. A CB is not acceptable communication because FCC Regulations prohibit commercial use.

K. Fire Patrol Person. Contractor shall furnish a qualified fire patrolperson each operating day when Project Activity Level B or higher is in effect. When on duty, sole responsibility of patrolperson shall be to patrol the operation for prevention and detection of fires, take suppression action where necessary and notify the Forest Service as required by Section 5.

By agreement, one patrolperson may provide patrol on this and adjacent projects or sales. No patrolperson shall be required on Specified Road construction jobs except during clearing operations unless otherwise specified.

L. Time of Snag Felling. Unless the felling of dead trees…