AG-9A28-S-09-0053.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 42 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER

AG-9A28-S-09-0053

NEGOTIATED (RFP)

08/07/2009

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

Northern Province Acquisitions-Redding 3644 Avtech Parkway Redding CA 96002

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and one copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Block 7 until 4:30 pm local time 09/08/2009 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: PJ Vilhauer, Contracting Officer

530-226-2454 pvilhauer@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

x A SOLICITATION/CONTRACT FORM x I CONTRACT CLAUSES x B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

x C DESCRIPTION/SPECS./WORK STATEMENT x J LIST OF ATTACHMENTS x D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS x E

INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND

x F DELIVERIES OR PERFORMANCE x

OTHER STATEMENTS OF OFFERORS

x G CONTRACT ADMINISTRATION DATA x L INSTRS., CONDS., AND NOTICES TO OFFERORS x

H SPECIAL CONTRACT REQUIREMENTS x M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A.

NAME AND

ADDRESS

OF OFFEROR

OFFER (Type or Print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER 15B. TELEPHONE NO. (Include area code and extension)

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

PAMELA J. VILHAUER

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SMMU/NRA MASTICATION/MECHANICAL SITE PREP AG-9A28-S-09-0053

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Shasta Lake Management Unit, Shasta County and Shasta-McCloud Management Unit, Siskiyou County, California

ITEM

NO.

SUPPLY / SERVICES

EST.

QTY

UNIT

Mastication

Mechanical Site Prep

Acres

Acres

The above pay items will not be pre-priced. Task Orders will be competed amongst all contract holders for that item number to allow for the maximum pricing flexibility possible. In addition, the ordering period for this contract does not expire until five years after the date of award.

The pricing proposed on the tasks orders that are part of this solicitation will be used in determining contract awards. These task orders are real, and will be awarded to successful offerors at time of contract award

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 $10,000 per contract holder, but not in excess of $995,000 per contract holder.

The Service Contract Act applies and the appropriate Wage Determination will be clearly specified on each Task Order.

It is anticipated that three to five awards will be made from this solicitation and that the total cumulative amount for all task orders will not exceed a maximum of $4.75 million

SECTION C-STATEMENT OF OBJECTIVES

OBJECTIVE

The purpose of this contract is to provide mechanical vegetation manipulation essential for timber stand improvement and fuel reduction treatments to develop desired future forest conditions in plantations and natural stands. Treatment prescription objectives are based on the overall composition and conditions of the stands and are intended to be a guideline for achieving a high quality final product in a professional manner. The end result shall be used as the measure of work acceptability.

The Forest Service expects to improve forest health by reducing stand density, vegetative and tree to tree competition, as well as rearranging fuel concentrations.

The Contractor(s) will be expected to use silvicultural and forestry knowledge to identify and adjust to changing conditions within stands and notify the Contracting Officer and/or their Representative of any conditions not addressed in the treatment prescription(s). Treatment prescriptions can be found in the Detailed Unit Information Sheets (DUIS) attached to each Task Order.

The Contractor(s) shall be able to demonstrate an ability to interpret and carry out the requirements prescribed in the DUIS and recognize any insect, disease, or animal damage problems and report them to the Contracting Officer.

Work under this contract is subject to requirements under the NEPA (National Environmental Policy Act), fire restrictions under PAL (Project Activity Levels), wildlife considerations under LOP (Limited Operation Periods), resource protection BMPs’ (Best Management Practices) and Wet Weather Operations Protocol. This list is not necessarily conclusive. Please note these requirements are subject to change and/or updating as determined by State and Federal regulations.

This is a performance-based, Multiple Award Task Order Contract. It is anticipated the following mechanical vegetation treatment/fuel reduction efforts will be performed:

1. Mechanical brush mastication

2. Mechanical brush and pre-commercial tree thinning mastication

3. Precommercial tree thinning mastication

4. Mastication by task order

5. Mastication site preparation

6. Mechanical site preparation (tractor)

7. Ripping of furrows

The following are general explanations of anticipated work that will be expected by the Government:

Brush Mastication: Cut all brush within the project area to the specifications negotiated at time of task order award.

Brush Mastication and Precommercial Thinning: Masticate all brush and precommercial thin conifers to the specifications negotiated at time of task order award.

Mechanical Precommercial Thinning: Precommercial thinning to be performed with mastication equipment. Spacing and conifer size will be negotiated at time of task order award.

Mastication by Task Order: Includes specialized work not described in the above. Work may include cutting of larger material such as trees (maximum 12”DBH) and mastication of post-harvest timber sales to reduce slash loads. Specifications will be provided for each task order.

Mastication for Site Preparation: Mulching of live vegetation (including but not limited to natural seedlings, saplings, brush and forbs) and logging slash into the ground to create an area suitable for planting of seedlings. Specifications will be negotiated at time of task order award.

Mechanical Site Preparation: Construct piles of slash, in such a way as to not accumulate topsoil and allow it to burn cleanly.

Specifications will be negotiated at time of task order award.

Ripping of furrows: Rips will be parallel and follow the natural contour of the unit areas. Specifications will be negotiated at time of task order award.

Contractor shall provide all equipment, labor, materials, supervision, transportation and any incidental services to perform all required work. Contractor shall be required to supply and maintain a quality control plan and self-inspection of work to be performed. Contractor’s performance shall be in accordance with an approved work plan and schedule that will be required on every task.

Range of Site Conditions:

Site conditions can vary greatly from site to site. Contractors are highly encouraged to visit all sites prior to bidding. Mechanical treatments are limited to slopes less than 50%. Brush is expected to be heavy over most work areas. Vegetation consists of mixed tree species, such as Ponderosa Pine, Douglas fir, White Fir, Incense Cedar, Sugar Pine, Shasta Red Fir, Western White Pine, Lodgepole Pine, Knobcone pine and Juniper. Hardwood tree species include Oregon White Oak, California Black Oak and Pacific Madrone and California Live Oak. Brush species such as Green Leaf Manzanita, White Leaf Manzanita, Snowbrush, Sagebrush, Chinquapin, Mountain Mahogany, Whitethorn, Bitter Cherry, Bitterbrush, Ceanothus, Tanoak, and Chemise exist throughout the treatment areas. Most units have a variety of brush and shrub species mostly made up of Manzanita, Snowbrush, Sagebrush, Chinquapin, Mountain Mahogany, Whitethorn, Bitter Cherry and Bitterbrush. More specific stand information is provided on the DUIS in each Task Order.

Site Conditions may include, but are not limited to the following:

1. Slope ranges from 0% to 40

2. Trees per acre in plantations ranges from 130-600

3. Rock cover ranges from 10% to 50%

4. Brush cover ranges from 0 – 100%, brush heights vary from site to site, average vegetation height will be provided in the

DUIS

5. Windrows, berms, and side casting inside some units

6. Manmade hazards such as wire, old logging cable, and cattle fencing may be present

Boundaries

Unit boundaries will be designated on maps, aerial photos and/or in GPS shape files. On the ground boundary designation may be by obvious roads, timber lines, vegetation type changes and/or other features. Boundaries, other than for easily identifiable cutting lines as listed above may be marked by the Government with contract boundary flagging and tags. Perimeters of the work areas could be identified on aerial photos, as well as reference maps, included with Task Orders. Where possible, the gross size of work units in each item has been determined via (GPS) Global Positioning Systems and/or Geographic Information Systems (GIS).

Accessible reference points along the perimeter of work areas are identified with boundary flagging, i.e., corners. The entire perimeters of inaccessible work areas may not be flagged. Where aerial photos or maps and the on-ground designation conflict, the on-ground designation shall govern unless otherwise directed by the Contracting Officer.

Contractors shall have a GPS receiver unit on each piece of shredding equipment compatible with National Forest GIS Systems capable of meeting current tested accuracies for Distance-Direction Methods, pursuant to Forest Service Handbook (FSH) 2409.12

– TIMBER CRUISING HANDBOOK, Chapter 50 – Area Determination. Chapter 50 and meet the the standards set forth in:R5 supplements to FSH 2409.12, Chapter 50. Shape files of the perimeters of work areas will be downloaded to Contractor owned GPS receiver(s) units which are compatible with National Forest GIS Systems. Unit Shape – The Contractor’s mapped unit shall be similar to that of the Government. There should be no obvious or significant differences in unit shape that could occur if GPS position fixes are too far apart to portray a true representation of unit shape. The perimeter distance traversed by the

Contractor shall be similar to that of the Government. Payment will be based on Actual Treatment Acres determined by GPS after the Contractor has completed the unit.

ARCHAEOLOGICAL SITES

Areas, identified by the Forest Service to be of archaeological interest will be flagged and noted on the contract map prior to commencement of work on the site. If a contractor is working in an area and notices an unidentified area that may be of archaeological interest, contractor shall stop work in that area until Forest Service can inventory the site.

ACCESSIBILITY

The general areas of work can be reached by forest system roads that are accessible by standard pickup truck, weather permitting.

However, it is advisable that the Contractor have a high clearance 4X4 vehicle for spring and late fall work. If roads become inaccessible due to snow, fallen trees, slides, washouts, etc. the Government may direct the Contractor to use an alternative route under the Changes Clause of this contract.

The Government assumes no obligations to do special road maintenance to keep roads open.

At times spur roads shown on project maps may not be accessible by vehicle but show a previously known road to the work area.

MOTORIZED EQUIPMENT

Use of motorized equipment other than approved project equipment, will not be off designated roads in the project area without approval of the Contracting Officer, or as hereinafter provided.

EQUIPMENT CLEANING

Contractor shall clean all off road equipment prior to arrival on the District, making sure that equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Areas identified by the Forest Service as being infested with invasive species of concern must not move equipment off-site without first taking reasonable measures to make each such piece of equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor must advise Forest Service of measures taken to clean equipment prior to moving equipment off-site. Reasonable measures shall not require the disassembly of equipment components or use of any specialized inspection tools.

TECHNICAL DEFINITIONS

Brush Stem: Any brush or forbs, 1/2 inch diameter or larger, 12 inches from the ground.

Conifer: A cone-bearing tree with needles or leaf scales. Examples are fir, pine and cedar.

Crop Tree/ Leave Tree: Trees selected in the stand to be left to meet the technical specifications.

Cut Tree: Trees that are to be removed from the stand not needed to meet the technical specifications.

Damaged Tree: Any tree with a broken cambium layer.

Diameter at Breast Height (DBH): The diameter of a tree measured at breast height, 4 ½ feet from ground level on the uphill side.

Hardwood: Trees with broad leaves rather than needles. Examples are oak, madrone and chinquapin.

Masticate: Chipping, Shredding or grinding to an average size and distributed evenly over whole area, Specifications will be identified by task order.

Riparian Habitat Conservation Area (RHCA): A zone established for the protection of riparian areas in which the use of mechanized equipment is restricted. Maps showing RHCA locations and widths will be provided with each task order.

Sanitation Tree: Tree wounded by animals or infected with disease.

Stump Height: Stump height shall not exceed 4 inches from the ground on the uphill side or 4 inches above natural obstacles.

Tractor Pile: A soil-free pile of vegetative and/or slash material, constructed to allow for obstacle free- burning.

Unit-Individual Treatment Area: Unit boundaries will be designated by, flagging, roads, timber and/or other obvious on-the-ground features.

FAR 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 five calendar years.

(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.

(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.

FAR 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 $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

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

(1) Any order for a single item in excess of $995,000.00 ;

(2) Any order for a combination of items in excess of $995,000.00 ; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractors shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 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, these 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 Delivery-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 the contract after 31 December 2015.

TASK ORDER PROCEDURES

This clause defines the process by which Fair Opportunity for Award will be afforded; Task Orders (TO) will be processed and priced; and a TO will be awarded.

Please Note: Careful attention should be paid to those areas in which the procedures/processes/ provisions changes due to use of a different contract type/pricing methodology.

(a) FAIR OPPORTUNITY TO BE CONSIDERED:

1. One or more Task Orders (TOs) may be issued during the performance period of this contract. The Contracting Officer's (CO) decision to issue an order to particular awardees shall be based on the criteria stated below. In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b), the CO will give each awardee a "fair opportunity" to be considered for each order in excess of $2,500 unless one of the conditions in paragraph (2) below applies.

2. Exceptions to Fair Opportunity for Consideration: Awardees will not be given a fair opportunity to be considered for requirements which are expected to exceed $2,500 when the Contracting Officer determines one of the following conditions apply:

A. The agency need for the services is so urgent that providing such opportunity would result in unacceptable delays;

B. Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized;

C. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order; or

D. It is necessary to place an order to satisfy a minimum guarantee.

(b) Selection Criteria For Awarding Task Order.

The Government will evaluate the task order proposals against the following selection criteria: (a) Technical Capability; quality control plan and equipment proposed, (b) relevant past performance on completed task orders, (c )availability, and (3) price where, when combined, all non-price factors are less important than price.

Evaluation of past performance will be based on each awardees original past performance data until such a time that they have completed at least two tasks. Then the original contract proposal will be disregarded for current performance reports received on task orders performed under this contract. In addition, individual task order selection criteria may include other factor(s) relevant to the particular task order. The order of importance for the factors will be identified on each individual requirement.

(c) Proposal Process

1. A warranted Contracting Officer within the Northern Province must issue any task order exceeding $2,500.00. The Contracting Officer will issue a TO quote request to all contractors. The TO quote request will include a due date for proposal submission and a Statement of Objectives (SOO) which adequately describes the objective of the task. The TO proposal request will also include specific instructions for the submission for proposals, the selection criteria factors, the factors’ order of importance, and other information deemed appropriate

2. Awardees under the Basic Contract will generally be allowed ten working days to prepare and submit proposals. However, more or less time may be necessary based on the requirements. The due date shall be set forth in each TO quote request. If an awardee is unable to perform a requirement, the awardee may “NO BID” the TO quote request. All “NO BIDS” shall include a brief statement as to why the awardee is unable to perform (i.e., Conflict of Interest). While no mandatory requirement exists for the submission of a proposal, firms consistently declining to submit offers for reasons of availability may jeopardize their ability to receive future TO awards.

3. Technical Proposals. A task order request MAY include the demand for any or all of the following information depending upon the complexity of the project:

* Technical Approach

* Quantities/hours of equipment by specific type

* Other Direct Costs (ODCs) (e.g. material not provided by the Government, mobilization, etc.)

* Production rate(s)

* Necessary flagging requirements

Technical proposal information will be streamlined to no more than 5 pages; excluding any Safety Plan augments and the Performance Work Plan Schedule. Proposals shall not merely restate TO PWS requirements.

4. Price Quotes. A written price quote will always be required on the face of each Task Order form. Completing the form with an authorized signature will, in most cases, represent the sum of a firm’s price quote. Pricing will only be provided to the Contracting Officer.

5. Clarification of Proposal: Proposals will be evaluated in accordance with selection criteria set forth in the TO proposal request. If necessary, during the evaluation of proposals the Government may contact an awardee with questions concerning their proposal

6. The Contracting Officer, reserves the right to withdraw a task order at any time with a valid reason.

7. TO Issuance: Task orders may be issued verbally, by facsimile, or by electronic commerce methods. However, all task orders must be finalized in writing and provided to the Contracting Officer with the appropriate signatures and agreed upon pricing for stated pay items. All contractors receiving a Basic award are to maintain an email address in order to receive task orders from the Contracting Officer.

8. Unauthorized Work: The Contractor is not authorized to commence performance prior to issuance of a signed TO and Notice to Proceed or verbal approval provided by the CO to begin work.

9. Task Funding Restrictions: No unfunded tasks are authorized under this contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

INSPECTION AND ACCEPTANCE

Government inspections will be made periodically as work progresses, or as work is completed, to determine acceptability of method and manner of performance, the end product of operations, and to make measurements for payment.

The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

Initially, visual contract compliance inspections of each completed subitem will be conducted. Where visual inspection of a subitem indicates the need to determine percentage of compliant work for pay determination or rework purposes a series of 1/50th acre plots distributed over the entire Subitem sufficient to yield at least a one percent sample of each subitem will be taken. Plot centers will be marked and numbered where plots are taken.

When plots are taken each plot will be examined to record findings on the items listed below:

(1) Number of leave trees that should have been left.

(2) Number of trees that were left.

(3) Number of missing leave trees.

(4) Number of satisfactory leave trees.

(5) Number of excess trees.

(6) Number of damaged trees

Upon inspection of all plots for a Subitem, the quality of thinning shall be calculated as follows:

(# of deficient trees + # of excess trees)

1.00 - (# of leave trees that should have been left) X 100 = Quality %

REWORK AND REINSPECTION AFTER REWORK

When inspection results are below 90 percent and excess trees constitute any part of the deficiency, payment will not be made until the excess tree deficiency has been corrected. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall bear the cost of inspections necessitated by the rework.

REINSPECTION OF THINNING UPON CONTRACTOR REQUEST

If the original inspection results are unacceptable to the Contractor and a second inspection is requested without rework, the same inspection procedure will be used. However, the inspection pattern will be shifted. If the second inspection shows less than 5 percent variance from the first inspection, the Contractor shall bear the cost of the second inspection. The result of the second inspection will be used in determining payment. Requests for reinspection shall be made in writing.

If the second inspection shows more than 5 percent variance from the first inspection, the Government will bear the cost of the second inspection. The result of the second inspection will be used in determining payment.

INSPECTION OF SLASH TREATMENT

Slash treatment will be visually inspected for the appropriate treatment. Slash treatment must be fully completed to unit specifications prior to issuance of payment for any subitem.

SECTION F--DELIVERIES OR PERFORMANCE

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.arnet.gov/far/

52.242-14 Suspension of Work

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is five years from date of contract award.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 20 days after the date of contract award.

The conference will be held at mutally agreeable location.

GOVERNMENT-FURNISHED PROPERTY

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

1. Maps and/or aerial photos

2. Shape files

3. Precommercial Thinning Inspection Plot Cards

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PUBLIC SAFETY/WARNING SIGNS

The contractor shall provide, install and maintain easily read warning signs along roads or trails warning the public or other visitors of the hazards from mechanical equipment during operations. These signs shall state that all persons shall remain at least 300 feet from equipment under operation and approach only by permission and communication with the operator.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

(This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

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

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

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

B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

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

MOTORIZED EQUIPMENT

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP

2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(SEP 2006)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2008) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted.

The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor- Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B- Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of…