Solicitation.pdf

OMB Approved No. 9000-0006 SOLICITATION OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 350) 1 109

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-9A63-S-12-0098 [ ] SEALED BID (IFB) 7/31/2012 NO.

[X ] NEGOTIATED (RFP)

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

Attn: AQM- David Hallen 1323 Club Drive Vallejo, CA 94592

USDA Forest Service Attn: AQM- David Hallen 1323 Club Drive Vallejo, CA 94592

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 serviced in Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in USDA Forest Service, Vallejo, CA until 11:30 pm local time 8/31/2012 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: David Hallen (707) 562-9107

11. TABLE OF CONTENTS

(4 ) SEC. DESCRIPTION PAGE(S) (4 ) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

x A SOLICITATION/CONTRACT FORM 1 x I CONTRACT CLAUSES 44-50 x B SUPPLIES OR SERVICES AND PRICES/COSTS 2-8 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

x C DESCRIPTION/SPECS./WORK/STATEMENT 9-10 x J LIST OF ATTACHMENTS 51-94

D PACKAGING AND MARKING - PART IV - REPRESENTATIONS AND INSTRUCTIONS

x E INSPECTION AND ACCEPTANCE 11 x K REPRESENTATIVES, CERTIFICATIONS AND 95-x F DELIVERIES OR PERFORMANCE 12-13 OTHER STATEMENTS OF OFFERORS x G CONTRACT ADMINISTRATION DATA 14-17 x L INSTRS., CONDS., AND NOTICES TO OFFERORS 102-x H SPECIAL CONTRACT REQUIREMENTS 18-43 x M EVALUATION FACTORS FOR AWARD 108-

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.

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

AND OFFER (Type or Print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE code) IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

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 COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c)

) 41 U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

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

Albuquerque Service Center (ASC)

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

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

NSN 7540_01_152_8064 33-133 STANDARD FORM 33 (REV.4-85)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.214(c)

Solicitation No. AG-9A63-S-12-0098 Bailey Stewardship

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

BAILEY STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

B.1 SCHEDULE OF SERVICE ITEMS:

SERVICES AND PRICES

Contractor Name

ITEM

NO.

DESCRIPTION

BASE WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

Road Reconstruction and Road Decommissioning (Fill in detailed prices below- total for this line must equal total as completed in detail prices below for items 1) TOTAL 1 $ $

Payment Unit 1: Commercial Thinning with Biomass Removal Acre 91 $ $

Payment Unit 2: Non Commercial Thinning with Biomass removal Acre 210 $ $

TOTAL ITEMS 1-3 $

ELECTIVE (OPTIONAL) WORK ACTIVITY DESCRIPTION

OPTION

Mastication of Brush and Small Trees (Payment Unit 2) Acre 210 $ $

OPTION

Meadow Restoration Acre 1.3 $ $

OPTION

Oak Woodland Rehabilitation Acre 4.4 $ $

Total All Service Items $

B.2 TIMBER REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

(FLAT)

TOTAL

ALL

SAWTIMBER

CCF

$6,992.66*

ALL

BIOMASS

CCF

$2,526.72*

*Price includes brush disposal of $1.67/CCF.

See Timber Removal Project Terms and Specifications in Appendix B.

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements- See Section L and M.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B-1, Base and Option Work Activities and B-2, Timber or other products Removal Price Schedule.

Detailed Pricing for Item No. 1 Road Reconstruction - Schedule of Items

Description Method of

Measurement Unit Quantity Unit Price Total

1.1 ALL ROADS

151(01) Mobilization – Applies to All Roads LSQ LS 1 $______ $_______

1.2 ROAD 6N03 – Reconstruction: 0.45 miles

201(05)

Clearing & Grubbing, Disposal of Tops and Limbs-G, Logs-I, and Stumps-J

LSQ LS 1 $______ $_______

204(20)K

Drainage Excavation, Type Rolling Dip CQ Each 4 $______ $_______

303(22)

Reconditioning of Roadbed, Roller Compaction – Method B CQ Mile 0.45 $______ $_______

303(24)

Reconditioning of Roadbed, Shoulder Maintenance (CURVE WIDENING)

CQ LS 1 $______ $_______

607(01)

Cleanout Existing Metal Pipe – Includes Removal, Cleaning and Repairing

CQ Each 1 $______ $_______

1.3 ROAD 6N03C – Reconstruction: 0.36 miles

204(20)F

Drainage Excavation, Type Waterbar CQ Each 12 $______ $_______

Compaction – Method B

CQ Mile 0.36 $______ $_______

619(03)

Earth and Log Barricade

1.4 ROAD 6N03E – Reconstruction: 0.38 miles

204(20)E

Drainage Excavation, Type 4’ Ditch (Rock Paid Separately)

CQ LF 60 $______ $_______

Drainage Excavation, Type Waterbar CQ Each 4 $______ $_______

CQ Mile 0.38 $______ $_______

Earth and Log Barricade

1.5

ROAD 6N03E – Decommission: 0.30 miles

Drainage Excavation, Type Waterbar CQ Each 5 $______ $_______

204(20)G

Drainage Excavation, Type 6’ Ditch (Rock

CQ LF 75 $______ $_______

211(01)

Sub Soiling (Ripping w/ Wing Rippers) CQ LS 1 $______ $_______

211(02)

Camouflaging CQ LS 1 $______ $_______

251(03)

Placed Riprap, 2” to 4” Ditch Rock CQ Ton 24 $______ $_______

Earth and Log Barricade CQ Each 2 $______ $_______

1.6

ROAD 6N03G – Reconstruction: 0.34 miles

301(04)

Crushed Aggregate – 1”+ Crushed Rock w/ 8 oz Fabric (Soil Separation) – Included in Price

CQ Ton 24 $______ $_______

CQ Mile 0.34 $______ $_______

1.7

ROAD 6N03G – Decommission: 0.37 miles

204(20)D

Drainage Excavation, Type Earth Berm CQ LF 65 $______ $_______

Drainage Excavation, Type Waterbar CQ Each 18 $______ $_______

Earth and Log Barricade CQ Each 1 $______ $_______

1.8

ROAD 6N18 – Reconstruction: 2.69 miles

204(20)J

Drainage Excavation, Type Swale CQ Each 3 $______ $_______

Drainage Excavation, Type Rolling Dip CQ Each 1 $______ $_______

301(01)

Aggregate Base, Gradation B, Compaction Method D

CQ Ton 350 $______ $_______

301(02)

Crushed Aggregate – 1”+ Crushed Rock CQ Ton 50 $______ $_______

301(03)

Aggregate Base – Gradation B, Compaction D w/ 8 oz Fabric (Soil Separation) – Included in Price

CQ Ton 50 $______ $_______

301(04)

Crushed Aggregate – 1”+ Crushed Rock w/ 8 oz Fabric (Soil Separation) – Included in Price

CQ Ton 50 $______ $_______

CQ Mile 2.69 $______ $_______

602(02)C

24-Inch Corrugated Metal Pipe, 0.064-Inch thick FE, Method B

CQ LF 40 $______ $_______

1.9

ROAD 6N18A – Reconstruction: 0.27 miles

Drainage Excavation, Type Waterbar CQ Each 18 $______ $_______

CQ Mile 0.27 $______ $_______

1.10

ROAD 7N46 – Reconstruction: 0.40 miles

CQ LF 465 $______ $_______

Drainage Excavation, Type Rolling Dip CQ Each 6 $______ $_______

251(01)

Placed Riprap, Class II Riprap CQ CY 13 $______ $_______

Placed Riprap, 2” to 4” Ditch Rock CQ Ton 50 $______ $_______

CQ Ton 550 $______ $_______

Crushed Aggregate – 1”+ Crushed Rock CQ Ton 50 $______ $_______

CQ Mile 0.40 $______ $_______

713(01)

Erosion Control Blanket – Straw Coconut Type 3A/3B

CQ SY 267 $______ $_______

1.11

ROAD 7N46A – Reconstruction: 0.03 miles

203(04)B

Removal and Disposal of Culverts CQ Each 1 $______ $_______

204(20)C

Drainage Excavation, Type Inlet Basin CQ Each 1 $______ $_______

CQ Ton 24 $______ $_______

CQ Mile 0.03 $______ $_______

CQ LF 30 $______ $_______

1.12

ROAD 7N47 – Reconstruction: 2.40 miles

204(20)A

Drainage Excavation, Type 3’ Ditch CQ LF 175 $______ $_______

CQ LF 249 $______ $_______

Drainage Excavation, Type Swale CQ Each 2 $______ $_______

Drainage Excavation, Type Rolling Dip CQ Each 20 $______ $_______

Placed Riprap, 2” to 4” Ditch Rock CQ Ton 74 $______ $_______

CQ Ton 220 $______ $_______

CQ Mile 2.40 $______ $_______

602(02)D

36-Inch Corrugated Metal Pipe, 0.064-Inch

CQ LF 45 $______ $_______

1.13

ROAD 7N47C – Reconstruction: 0.08 miles

204(20)C

Drainage Excavation, Type Inlet Basin CQ Each 1 $______ $_______

204(50)

Excavation and Embankment – Placement Method 5

CQ LS 1 $______ $_______

Placed Riprap, Class II Riprap CQ CY 5 $______ $_______

CQ Ton 25 $______ $_______

CQ Mile 0.08 $______ $_______

CQ LF 40 $______ $_______

607(01)

Cleanout Existing Metal Pipe – Includes Removal, Cleaning and Repairing

CQ Each 2 $______ $_______

1.14

ROAD 7N71Y – Reconstruction: 0.23 miles

204(20)A

Drainage Excavation, Type 3’ Ditch CQ LF 310 $______ $_______

Drainage Excavation, Type Swale CQ Each 2 $______ $_______

CQ Ton 192 $______ $_______

Crushed Aggregate – 1”+ Crushed Rock CQ Ton 10 $______ $_______

CQ Mile 0.23 $______ $_______

1.15

ROAD 61501A – Decommission: 0.02 miles

1.16

ROAD 61606J – Decommission: 0.04 miles

211(01) Sub Soiling (Ripping w/ Wing Rippers) CQ LS 1 $______ $_______

Placed Riprap, Class II Riprap CQ CY 20 $______ $_______

251(02)

Placed Riprap, Class III Riprap CQ CY 20 $______ $_______

1.17

ROAD 98633 – Decommission: 0.16 miles

Removal and Disposal of Culverts CQ Each 2 $______ $_______

Drainage Excavation, Type Waterbar CQ Each 6 $______ $_______

Placed Riprap, Class II Riprap CQ CY 18 $______ $_______

TOTAL OF ITEM 1 (Total must equal total for item 1 above) $_______

Performance and Payment Bonds or Alternate Forms of Security are required for Item 1 only.

Bid Bonds are NOT required.

A pre-proposal meeting is scheduled for August 13, 2012. See Section L for details.

To respond to this solicitation, proposals must include Section A (cover), Section B (Prices), Section K (Representations and Certifications), and respond to the technical criteria outlined in Sections L and M.

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed. Elective activities are listed in order of planned priority. Award may be made for option items in any order that the Contracting Officer determines is in the best interest of the Government. The criteria for award of option items is to award as many items as possible based on total funds available for award.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 PROJECT DESCRIPTION

(a) Description of Work –The Bailey Stewardship Project is located on the Stanislaus National Forest encompassing the area indicated on the Project Vicinity Map (also see Contract Area Map) Objectives for the project area are summarized as follows:

Thinning of overstocked forest stands to promote a healthy forest by reducing the overstory crown density, and reduce the fuel ladders by removing the understory vegetation. Whole tree yarding will reduce the activity fuels and leave resultant stand in an improved fire resilient condition. The reconstruction of roads to current standards and specifications reduces sediment deposits thus reducing erosion.

• Road Reconstruction work consists of reconditioning timber sale haul roads, clearing and grubbing, curve widening, drainage structure installation and maintenance, installing dips, place crushed aggregate, and road decommissioning. Road decommissioning, where required, shall be completed after reconstruction and product removal.

• Timber Removal work includes thinning 91 acres of commercial conifer plantation sawtimber and biomass, and 210 acres of non-commercial biomass removal in stands designated on the Contract Area Map. See Appendix B.

• Fuels Reduction work includes the thinning of conifers, and the reduction of brush species on 306 acres. Mastication of brush and small trees will follow biomass removal on 210 acres.

Mastication shall be done in a manner that does not damage leave trees.

See Appendix A for further detailed description of service work.

See Appendix B for further description of Timber Removal requirements.

Contractor Responsibility: The Contractor shall provide all equipment, supplies, transportation, labor, supervision, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

(b) Resulting Contract – The resultant contract will be a Service contract for Item 1 and 3 and Construction contract for Item 2 with provisions for timber removal.

(c) Project Location –The project is located in Calaveras County, California, within the Stanislaus National Forest, Calaveras Ranger District in Township 6N, Range 15E, Sections 1, 2, 11, and 12; Township 6N, Range 16E, Sections 5 and 6; and Township 7N, Range 16E, Section 31. The 2,680 acre project area is bounded by private lands on the north, south and west. The east boundary is delineated along a north-south ridgeline in the east half of section 5, T6N, R16E. The project area falls within the Forest Creek and Middle Fork Mokelumne River drainages.

The area is accessed via roads 7N91 from Hermit Springs on Winton Road (7N03) and 6N03 from Black Springs Road (7N23)

C.3 SPECIFICATIONS

Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B, road maintenance plans and specifications in Appendix C, and road reconstruction plans and specifications in Appendix D.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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):

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-04 Inspection of Services – Fixed Price (AUG 1996)

52.246-12 Inspection of Construction (AUG 1996)

E.2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

E.3 ACCEPTANCE

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

E.4 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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 a this/these address(es):

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-17 Government Delay of Work (APR 1984)

F. 2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 31, 2015 or as specified on each Task Order. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and as approved by the Contracting Officer.

It is estimated that work will begin October 1 2012. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Project Operations Schedule will be conducted during the schedule in the following table unless otherwise agreed to by the Contracting Officer, or other designated Forest Service Official.

PROJECT OPERATIONS SCHEDULE TABLE

Subdivision/ Area/Unit

Conditions of Operation

Purpose

Project Area

All operations are to be performed within the Normal Operating Season from May 1 to October 31, unless otherwise agreed.

To prevent excessive road damage during periods of wet weather and minimize soil erosion.

Project Area Mechanical Equipment will be restricted to slopes <35% unless otherwise agreed.

Minimize soil erosion http://www.arnet.gov/far http://www.usda.gov/procurement/policy/agar.html

F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through _3_ years after date of contract award.

F.4 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts” and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

F.5 SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within _10_ days after issuance of a Notice to Proceed or Task Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCTRIPTION COPIES

REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work 2

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officers Written approval prior to starting work on the project. Submit on Standard Form 1413.

Fire Precautions and Control Plan, in accordance with H.20(1) 2 Traffic Control Plan, in accordance with Section 156 and H.30 2 Safety Plan, in accordance with minimum requirements in Appendix A 2 Soil Erosion and Water Pollution Control Plan, in accordance with Section 157 2

Designation of Contractor personnel describing responsibilities and authorities 2

All schedules and reports shall be submitted to: COR, Jim Junette.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, (Section I).

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

G.2 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.3 ESTABLISHMENT OF STEWARDSHIP CREDITS

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

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

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

G.4 CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

(see below)

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

BAILEY STEWARDSHIP CONTRACT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract;

and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.5 TIMBER PAYMENT GUARANTEE

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

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 30 to 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for. If at any time, the value of unobligated earned Stewardship Credits plus the amount of Timber Payment Guarantee is not sufficient to cover any outstanding charges for timber hauled plus the value of timber to be cut in the next 10 calendar days, the Contracting Officer shall suspend the cutting and/or hauling of timber until such time as more Stewardship Credits are established, or acceptable Timber Payment Guarantee is received.

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

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

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

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

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

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

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

G.6 DEPOSITS WHEN PAYMENT GUARANTEED

To the extent payment guarantee is provided under G.5, requirements for advance cash deposits shall be waived for the value of Included Timber removed except for:

(a) Base Rates,

(b) Associated charges, and

(c) The value of Included Timber exceeding the sum of stewardship credits that have not been established under G.3, for base stewardship projects listed in the schedule of items plus elective stewardship projects listed in the schedule of items authorized by the Contracting Officer.

Charges for (a), (b) and (c) shall be waived for not more than a monthly billing period, subject to G.5.

G.7 EXCESS STEWARDSHIP CREDITS

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

G.8 EXCESS TIMBER VALUE

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

G.9 REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

G.10 FINAL PAYMENT - RELEASE OF CLAIMS

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

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

(b) - Additional informational material made available to contractors including but not limited to:

environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

Copies of the above documents are on file at the Calaveras Ranger District and the Stanislaus National Forest Supervisor’s office. The Forest Service has determined the estimated quantities of Included Timber in accordance with the volume equations or tables approved for use in the area by the Forest Service with adjustment for defect as appropriate. The Forest Service makes no representation, warranty, or guarantee of the accuracy of the estimate.

H.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within _30_ days after the date of contract award. The conference will be held at the _To be determined_, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.3 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

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

H.4 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.5 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager Construction Supervisor Logging Supervisor Road Construction Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance, obliteration, and other service items.

Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.6 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.7 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND

SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

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

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a

USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

H.8 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

ACT REGISTRATION (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S.

Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H.9 PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES,

AND CAVE RESOURCES

Locations of known areas needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground.

Special protection measures needed to protect such known areas are identified on Contract Area Map or on the ground include:

SEE CONTRACT AREA MAP FOR PROTECTION MEASURES

In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor’s operations.

Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of required cross ditching.

Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites. Such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

H.10 EROSION PREVENTION AND CONTROL

Contractor’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service. Any money deposited or used for this purpose shall be treated as cooperative deposits.

Erosion prevention and control work, including Streamcourse protection, required by Streamcourse Protection clause shall be completed within l5 calendar days after skidding operations related to each landing are substantially completed or after Forest Service designation on the ground of work where such designation is required hereunder.

Said time limit shall be exclusive of full days lost in Contractor's Operations due to causes beyond Contractor's control. Such on the ground designation shall be done as promptly as feasible unless it is agreed that the location of such work can be established without marking on the ground. After September 15 and as long thereafter as operations continue the work shall be done as promptly as practicable. Damage resulting from Contractor's Operations due to failure to perform required work shall be repaired by Contractor.

Notwithstanding other provisions in this contract and unless otherwise agreed in writing, any hay, straw, or mulch used in this contract shall be State of California certified weed free.

Additional erosion control requirements of this contract are listed in the following table.

Tillage In addition to meeting the requirements of GT.6.4 in Appendix B, unless otherwise agreed in writing, tillage shall be required on the areas listed in the following table.

Tillage shall be accomplished by equipment that will lift and fracture the soil by vertical and lateral shattering, leaving soil loosened through the full width and depth of the compacted layer with the topsoil remaining substantially in place rather than being inverted.

Tillage depth is shown in the following table. Agreement in writing may be made to a lesser depth if rocks or other limiting site conditions are encountered.

Tillage shall be limited to periods when soil dryness will result in crumbled soil, avoiding the formation of large clods. Contractor and Forest Service shall agree in writing on the timing of completion of such work to coordinate with desirable soil moisture conditions.

Areas to Till Tillage Depth (Inches)

Maximum Acres to Treat

Landings: Payment Units 1 and 2

Main Skid Roads and Tractor Roads:

Payment Units 1 and 2

Temporary Roads: Payment Units 1 and 2

H.11 PROTECTION OF IMPROVEMENTS

So far as practicable, Contractor shall protect Specified Roads and other improvements (such as roads,…