Amendment No. 1 SF-30 FMT Houg-EmpireStewardship AG-9A63-S-10-0047.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

USDA Forest Service

IBET Province Tahoe National Forest

631 Coyote Street

Nevada City, CA 95959 voice: 530-478-6121 fax: 530-478-6126

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AG-9A63-S-10-0047 MT Hough/Empire Stewardship

9B. DATED (SEE ITEM 11)

07/08/2010

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10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE CONTRACT ORDER NO. IN ITEM 10A.

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B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return one copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Due to current litigation on the timber portion of this solicitation, a major change and rescoping of the project has occurred. Please read all the information, and contact the Contracting Officer with any questions. Attachments: 1. Description with scope changes, New schedule of items, 2. New project map uploaded separately, 3. PRE-AWARD WAIVER, RELEASE, AND LIMITATION OF LIABILITY AGREEMEMT, which will likely be required prior to award of this contract . Please use the new schedule when submitting your proposal for this project. All Specifications remain the same in accordance with original solicitation documents for the remaining units mentioned in the schedule of items and the attached map.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Prescribed by GSA

FAR (48 CFR) 53.243

AG-9A63-S-10-0047 MT Hough/Empire Stewardship

Amendment 1, page 2 dated 8//16/2010

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

B.1 SCHEDULE OF ITEMS

TOTAL ALL ITEMS

B.2 TIMBER REMOVAL PRICE SCHEDULE:

QUANTITY

(FLAT)

TOTAL OFFER

($0.10 / TON)

See Timber Removal Project Terms and Specifications in Appendix B.

Due to the recent court ruling, this project has been changed significantly. The upper (approx) ¾ of the contract has been dropped with the exception of Hand Thin & Pile treatments and a Specified Road Package (7.24 miles) that remain in this area. The previous contract package also contained a sawlog removal component - this has been dropped in its entirety along with significant non-saw biomass volume. The lower ¼ of the previous contract remain in place resulting in a total acreage 329.5 acres consisting of Biomass Removal (44.4 acres & 1001 green tons), Mastication (196.8 acres), Hand Pile & Thin (88.3 acres) – please note that the Hand Pile and Thin, as previously mentioned, extends from the lower ¼ of the project into the upper ¾ at various locations.

DEPOSIT SCHEDULE:

A deposit of $36,500 will be required to cover the cost of establishing a remote weight scaling station. If the contractor elects to utilize an alternative scaling location that has an approved yard agreement with the Forest Service; contract scaling services deposit collections will be made based upon the rate established in a scaling agreement for that delivery location and projected volume to be removed over shorter time frames.

A deposit of $47,293.16 will be required to cover the cost for reconstruction related engineering services to be completed by Forest Service personnel or by public works contract.

A deposit of $530.53 will be required to cover the cost for surface replacement of haul roads.

AG-9A63-S-10-0047 MT Hough/Empire Stewardship

Amendment 1, page 3 dated 8//16/2010

This Empire ARRA Biomass Stewardship Project modification-change was necessitated by a temporary partial injunction on the Empire, Basin, and Slapjack projects (of which this stewardship project is a part of) that are inconsistent with the 2001 Framework, thus the following legal notices:

NOTICE OF APPEAL

Bidders are hereby put on notice that the Empire Vegetation Management Project NEPA document and associated decision, which provide the authority to conduct this timber sale, were administratively appealed pursuant to (36 C.F.R. 215 and/or 36 C.F.R. 217). This timber sale may therefore be subject to litigation in the future, which may result in contract suspension, modification, or termination. The contract provides for limited remedies in cases of suspension, modification, or termination due to administrative appeal and/or litigation. These remedies are further limited by the PRE-AWARD WAIVER, RELEASE, AND LIMITATION OF LIABILITY AGREEMEMT, which will likely be required prior to award of this contract. To receive documentation relevant to the administrative appeal noted above, please contact Nancy Francine, Plumas N.F. Forest Ecosystem Manager.

NOTICE OF LITIGATION

Bidders are herby put on notice that the Empire Vegetation Management Project NEPA document and associated decision, which provides the authority to conduct this project, is currently involved in litigation. This may result in contract suspension, modification, or termination. The contract provides for limited remedies in cases of suspension, modification, or termination due to litigation. These remedies are further limited by the PRE-AWARD WAIVER, RELEASE, AND LIMITATION OF LIABILITY AGREEMENT, which will likely be required prior to award of this contract.

NOTICE OF PARTIAL INJUNCTION

As of the date of the drafting of this prospectus, the following partial injunction on the Empire Vegetation Management Project, which the Empire ARRA Biomass Stewardship contract implements, is currently in force:

“Filed order (STEPHEN R. REINHARDT, JOHN T. NOONAN and RAYMOND C. FISHER): The court is considering the parties’ request and opposition to the emergency motion for injunction pending appeal. Pending the decision on the emergency motion, and further order of the court, the Forest Service is enjoined from proceeding with logging in the Empire, Basin, and Slapjack Projects that is inconsistent with the 2001 Framework, except such logging as may occur within the wildland urban intermix defense and threat zones, as defined in the Sierra Nevada Forest Plan Amendment Final Supplemental Environmental Impact Statement, which appears in the record at LER 518. [7416102] (AF).”

This injunction may remain in place, be modified, or be lifted by the time the Empire ARRA Biomass Stewardship contract is awarded. If a bidder needs additional information of the status of this or any future injunction prior to bidding, it is incumbent on the bidder to obtain that information.

LIMITATION ON LIABILITY

This is to notify prospective bidders on the Empire ARRA Biomass Stewardship contract that a PRE-AWARD WAIVER, RELEASE, AND LIMITATION OF LIABILITY AGREEMENT will likely be required prior to award of this contract. A sample of this agreement is available at the U.S.Forest Service, Plumas NF, Mount Hough RD, 39696 Hwy 70, Quincy, CA 95971.