IRSC_CommercialServices_DryCreek Final.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

AG-9JGP-S-15-9006

DATE

8/14/2015

INFORMATION CALL:

9/4/2015 at 2:00 PM local time

9. ISSUED BY CODE

10. THIS ACQUISITON IS

|X| UNRESTRICTED OR

|_| SET ASIDE: % FOR

|_| SMALL BUSINESS |_| EMERGING SMALL

BUSINESS

NAICS: 115310 |_| HUBZONE SMALL

BUSINESS

SIZE STANDARD: $19.5m |_| SERVICE-DISABLED VETERAN- |_| 8(A)

OWNED SMALL BUSINESS

USDA Forest Service

Central California Acquisition Service Area

631 Coyote Street Nevada City, California 95959-2250

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |X| RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17A. CONTRACTOR/OFFEROR CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Albuquerque Service Center – Miscellaneous Payments 101B Sun Ave NE Albuquerque, NM 87109

DUNS:

Email:

TELEPHONE NO:

|X| SEE ADDENDUM

DRY CREEK STEWARDSHIP PROJECT

TRUCKEE DISTRICT

TAHOE NATIONAL FOREST

See following page

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

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Dry Creek Stewardship Truckee Ranger District Tahoe National Forest Page 2 of 64

Dry Creek Stewardship Solicitation No. Page 3 of 64

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

Amount

SEE ATTACHED SCHEDULE OF ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: __________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| PARTIAL |_| FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

SCHEDULE OF ITEMS

B.1 SCHEDULE OF SERVICE ITEMS:

SERVICES AND PRICES

Contractor Name

BASE WORK ACTIVITIES

QUANTITY

Optional Items may be awarded by individual units within a line item based on availability of funding.

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER

$21,567.48

NOTE: Optional work Items will be awarded within 365 days after contract award. Optional Biomass removal will be awarded before Sawtimber removal operations can begin, in any particular unit. Mastication may be awarded anytime within 365 days post award.

NOTE: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

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.

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.

CONTRACT CLAUSES

FAR52.214-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JUN 2010)

Is incorporated by reference.

FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (APR 2011)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved] __ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

__ (15) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X_ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (24) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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

_X_ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (29) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (31) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (32)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (34)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

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

_X_ (35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

_X_ (36) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (37)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__ (38) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (39) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (44) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (45) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

1. PROJECT DESCRIPTION

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

Work includes: Project activities are thinning and group selection treatments, best suited for Cut to Length operations. These treatments include optional removal of small trees as biomass or mastication. There are 18 sale units with approximately 2,310 acres (See Sale Unit table below) proposed to be treated in this project. All acres will either have commercial thinning, biomass removal and/or mastication. The project will generate about 3,970 CCF (approximately 14,021 Tons) of timber and about 650 CCF (approximately 3,010 Tons) of biomass.

Sale Unit Table

Estimated Product Removal (Green Ton)

Key:

There are also 9 work activity bid items that will be treated in addition to harvest of commercial sawlogs and biomass. They include:

1. Mastication: 321 Acres Mandatory, 1138 Acres as OPTIONAL See appendix A.

2. Road maintenance as seen in Appendix C.

3. Tillage of Landing, Skid trails and temporary roads as seen in Appendix A

4. Tillage of Temporary Roads as seen in Appendix A

5. Decadent Feature Enhancement, Snag Creation See appendix A

6. OPTIONAL Removal of Biomass from the forest to landing See Appendix C

7. OPTIONAL Chipping Biomass from all units See Appendix C

8. OPTIONAL Hauling of Biomass to nearest facility See Appendix C

9. OPTIONAL Mastication of additional 1068 Acres See appendix A

These stewardship work activity items are described in detail in Appendix A and attachments

(b) Resulting Contract – Any resultant contract will be a Commercial Service contract with provisions for timber removal.

(c) Project Location – Generally N of the town of Truckee, Ca in Portions of Sections 1,2,3,7,8,11,12,13,17,18,and 19, T.18N., R.16 E., Portions of Section 33 and 36 T.19N., R.16E., M.D.B.M.

2. SPECIFICATIONS

Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber or other products removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C.

3. CONTRACT AREA MAP

The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

4. GOVERNMENT-FURNISHED PROPERTY: -NONE-

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 52.245-4 contained in Section I of the contract.

5. 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.

6. 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.

7. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

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

8. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within __ 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 3 Years after date of Award 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 or other products removal activities shall be scheduled and carried out in accordance with the Timber or other products Removal Specifications in Appendix B and as approved by the Contracting Officer.

It is estimated that work will begin October 1st, 2015. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Scheduling of Work may be restricted based on the following:

Subdivision/ Area/Unit

Units 27 and 28 Northern Goshawk Limited Operating Periods (LOP):

A LOP will be in effect from February 15 to September 15 for Units 27 and 28. This LOP may be modified by the wildlife biologist if surveys determine nesting will not be affected within ¼ mile of the proposed activities.

To protect the Northern Goshawk

All Subdivisions

A Limited Operating Period (LOP) may be in effect for these Subdivisions from November 30 through and including May 30, if a presence of a Sierra Nevada yellow-legged frog (SNYLF) is validated by the fisheries biologist. When sightings establish the presence of SNYLF, no ground disturbing activities will be permitted during the LOP. This LOP maybe modified by the Forest Service, if surveys or analysis determines that there will not be any negative affect to the species listed for that season of operation.

Frog protection

Units 26,27,28,52 and 53

All Units 25,28,53,57,58,60,61,74, 75, 76

COMMERATIVE EMIGRANT TRAIL SYSTEM (COET):

1. No Operations(product removal or Mastication) of any kind allowed from 6:00pm on Friday thru 5:00am Monday as well as Holidays: Memorial Day, Fourth of July, Thanksgiving, and Labor Day within 300ft of the Commemorative Emigrant Trail System (COET).

2. If felling live or dead trees 10 feet in height or taller that could hit within 30 feet of the COET system, temporary trail closures must be used with traffic control on both ends of the work on the trail system in order to assure user safety. Flagman controls shall be used as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highway (MUTCD)” which may inspected at the Truckee Ranger District Office. The USFS COR must be notified in writing prior to any trail closure and must approve any request prior to any trail closure. Any trail closure must be reopened, safe and passible within 48 hours.

3. If MASTICATION is occurring within 300 feet of the COET system, temporary trail closures must be used with traffic control on both ends of the work on the trail system in order to assure user safety. Flagman ad controls shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highway (MUTCD)” which may inspected at the Truckee Ranger District Office. The USFS COR must be notified in writing prior to any trail closure and must approve any request prior to any trail closure. Any trail closure must be reopened, safe and passible within 48 hours.

4. Only a small skid steer or posi track loader will be allowed to travel and work on the established trail system. All other machinery must cross the trail system at designated crossing points that are at a 90 degree angle to the trail.

5. The COET must have caution signs at appropriate ends of the active work being performed at all times during operations.

6. Trail must be restored to original condition after use or operational implementation.

Public Safety

Trail Protection

Protection of rare and endangered plant species.

Snow plowing or removal will not be permitted unless approved by the Forest Service. Snow plowing or removal shall be conducted per the requirements of the Tahoe National Forest “Outside Normal Operating Season Standards”.

Reduce soil compaction, disturbance and protect water quality.

ALL

For operations approved outside of the Normal Operating Season (October 16 to June 1, inclusive), Contractor’s operations shall be conducted per the requirements of the Tahoe National Forest “Outside Normal Operating Season Standards”.

Snow plowing or removal will not be permitted unless approved by the Forest Service. Snow plowing or removal shall be conducted per the requirements of the Tahoe National Forest “Outside Normal Operating Season Standards”.

Reduce soil compaction, disturbance and protect water quality.

Where site-specific resource protection concerns are not otherwise limiting, the number of landings should not exceed one (1) landing per 30 acres. To minimize the number of landings, utilize roads for skidding unless site conditions rule this out due to possible safety or resource protection concerns.

Reduce soil compaction, disturbance and protect water quality.

Skid trails shall be located no less than 60 feet from the high-water mark of stream courses identified on the Contract Area Map. Skidding equipment shall not operate within the 60 foot buffer strip. Skidding equipment will back up to bundles to minimize turning.

Feller-buncher equipment is permitted to operate within the RHCA and reach into buffer strip to cut and remove designated timber unless otherwise stated. The feller-buncher shall remove designated timber to approved skid trails. Feller-buncher operators are to minimize turning to prevent excessive soil disturbance. Equipment will back out of areas within the RHCA.

Reduce soil compaction, disturbance and protect water quality.

Specific harvesting equipment restrictions relating to dry soil are as follows:

1) Equipment rated as low-ground-pressure, which is defined as equipment applying an average ground pressure of 8.0 or less pounds per square inch design load, is restricted to main skid roads until the soil is dry to a depth of 4.0 inches.

2) Equipment rated as high-ground-pressure equipment which is defined as equipment applying an average ground pressure of 8.0 or greater pounds per square inch design load, is restricted to main skid roads until the soil is dry to a depth of 10.0 inches and while minimizing damage to residual trees.

Reduce soil compaction, disturbance and protect water quality.

Mulch will be spread to a maximum depth no greater than 4.0 inches on skid trails. Existing slash adjacent to skid trails will be used, if available, before slash from the landings.

This requirement may be modified by the Forest Service after an on-site inspection by the soil scientist or hydrologist in coordination with the COR and District Fuels Officer.

Reduce soil compaction, disturbance and protect water quality.

ALL

Within RHCAs, equipment should be limited to slopes ≤ 20% if the slope is directly above, and runs continuously down to a stream channel. If the slope is > 20%, but does not slope directly into the creek, the 30% rule with no short pitches to 35% will be permitted.

Do not track up and down drainage pathways and minimize all equipment movement through swales. When equipment is operating inside RHCAs, minimize ground disturbance with short perpendicular entries into the RHCA. Backblade any berms created by equipment that could concentrate water.

Reduce soil compaction, disturbance and protect water quality.

The need for the tilling of skid trails would be reviewed by a Soil Scientist or Hydrologist, and the Timber Sale Administrator, and would be restricted to areas on slopes less than 25%, where residual trees would not be excessively damaged (root tearing leaving areas open to disease) and on those trails and landings that do not contain excessive rock unless otherwise agreed with the watershed specialist.

Reduce soil compaction, disturbance and protect water quality.

An on-site inspection by the soil scientist or hydrologist in coordination with the Contracting Officer Representative and Contractor will be required before skid trail layout is approved.

Reduce soil disturbance and protect meadow habitat.

9. 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.

10. SCHEDULES AND REPORTS

Contractor shall provide the following submittals within 5 Business 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:

All schedules and reports shall be submitted to:

11. PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments.

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

12. INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

13. PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Forest Service estimates will be cut or removed in not less than 30 calendar days and not more than 60 calendar days, plus the value of any outstanding charges for product removed.

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.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

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

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

14. REIMBURSEMENT FOR BOND PREMIUMS

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

15. 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 or other products value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities completed and accepted.

16. ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding 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.

17. 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.

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

DRY CREEK STEWARDSHIP PROJECT

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)

18. EXCESS STEWARDSHIP CREDITS

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

19. EXCESS TIMBER OR OTHER PRODUCTS VALUE

In the event the value of the included timber or other products 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 or other products value.

20. REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products 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, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

21. 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.

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

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at the Truckee Ranger District Office, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

23. 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.

Overall Project Manager Logging Supervisor

(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.

25. 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.

28. PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide each employee who operates a chain saw, chain saw chaps at no cost to the employee, and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall…