Combined_Synopsis_Solicitation_Rose_hand_Thinning.docx

SECTION C – Incline Hazardous Fuels Reduction and Forest Health Restoration Project Rose Hand Thinning 2/11/2016 Combined Solicitation & Synopsis

AG-9JGP-S-16-0062

The Department of Agriculture, US Forest Service, Central California Acquisition Services Area, Lake Tahoe Basin Management Unit requires Services for Hand thinning & Snag Felling as well as Bucking and Piling of 340 Acres and is located within the Lake Tahoe Basin Management Unit in the North Shore area of Lake Tahoe along State Hwy(s) 28 and 431, Nevada. This is a combined / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far.

This is solicitation no. AG-9JGP-S-16-0062, Rose Hand Thin, Request for Quotations (RFQ) and is a 100% Total Small Business Set-Aside. The NAICS code is 115310 Support Activities for Forestry. The size requirement for this NAICS code is $7.5 million. The government intends to award a Firm Fixed Price Contract.

Closing date of Solicitation is: April 25, 2016.

Projected Award Date is: April 29, 2016

B.1 Hand Thinning & snag felling Acre 340: $_______________ Bucking & piling Acre 340: $ _______________ Total: $ _______________

This is a commercial test item.

Contractor Responsibility: Except as otherwise specified under 1.2 and 1.4, the contractor shall furnish the necessary personnel, supplies and transportation to perform the services and insure that the designated areas present a clean, healthy, orderly and well-kept appearance.

Estimated Start Date & Contract Time:

Date/Time

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

Scope of Contract Description of Work: The intent of this contract is to secure services to pre-commercially thin trees, remove encroaching conifer from aspen stands, fell snags, and hand pile activity fuels and down logs in conifer/aspen stands. Work activities are to be accomplished utilizing hand-held or manual equipment.

The project area consists of 340 acres with a contract length of 1 season. It is expected that the contractor shall begin work within ten (10) days of award of this contract if awarded with the operational season (May 1st thru Oct 15th), or an agreed start date based upon workable conditions within the Lake Tahoe Basin.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all technical expertise, equipment, supplies, transportation, labor, incidentals, and supervision--necessary to complete the project, except for that which the task order clearly states is to be furnished by the Government.

Project Location & Description Location: The project is located within the Lake Tahoe Basin Management Unit in the North Shore area of Lake Tahoe along State Hwy(s) 28 and 431, Nevada. The project area is north of State Hwy 28 and on both sides of State Hwy 431, with the Diamond Peak Ski area to the East, and the California/Nevada state boundary to the west, with Incline Village to the south, and the Mt. Rose Wilderness to the north. No part of this project is within the Mt. Rose Wilderness. See the vicinity map (Exhibit A) and project area maps (Exhibits A-1 thru A-6). Maps are general in nature and are not to be considered as definitively identifying locations.

This contract does not describe work locations in detail. The technical contact listed may be called to verify information and to arrange a time to view it if requested. All contract units are accessible with no controls on access at this time. Photocopies of stand cards will be made available, but are available for viewing only if requested. Verbal information—will be available, but will not be considered binding.

Description: The project areas consist of broken topography dominated by slopes ranging from 0 to 70 percent. Due to the nature of the broken topography, it is expected that hand-held equipment will be used on all units. The project area is comprised of 6 units with 2 separate bid items for each unit. Maps are attached as Exhibits A-1 to A-6 showing the location of the unit boundaries.

Exterior boundaries of all units are marked on the ground with blue/pink flagging, and painted with orange dots; one facing into the treatment unit and one facing each direction of the boundary. Yellow and black cutting unit cards are placed at each corner and intermittently along the boundary indicating the contract name and unit number.

Refer to Project Maps for information on unit specific flagging locations.

Item 1 – Units 06, 20, 21, 41, 42, 1042: Conifer thinning (see C.8-1.1 thru C.8-1.4) is comprised of 340 acres of ground that is all workable with hand-held equipment. Work consists of cutting live conifer trees up to the specified diameter limit and a specific spacing and the felling of snags up to a specified DBH (see Table 1 – Summary of Thinning Specifications).

Item 2 – Units 06, 20, 21, 41, 42, 1042: Fuel – Slash and Piling (see also C.8-2.1 thru C.8-2.3) is comprised of 340 acres of hand piling of contractor-generated slash, and the bucking/piling of existing downed tree boles material up to a specified diameter (see Table 2 – Summary of Fuel - Slash Treatment Specifications).

Exclusions (Non-Work areas): Within the bid-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, wet areas, streamside buffers, and other special areas. The CO will designate non-work areas. When areas are deleted from the task order by mutual agreement, payment will not be made for non-worked areas that are greater than one (1) acre in size.

Maps Maps showing the general vicinity and/or specific work areas are included in this contract. Maps are general in nature and are not to be considered as definitively identifying locations. The size, shape, and location of the contract units were mapped utilizing Global Positioning Satellite (GPS) technology, and processed using Geographic Information Systems (GIS).

Estimated Start Date & Contract Task Order Time Start: May 4st, 2016 Time: Contract to be completed by October 28th, 2016 (177 days of contract time).

Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined in the following. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, included in Section J.

2. When the Contracting Officer (or designated Contract Officers Representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage. Forest roads will not be used for access if such use will result in the road being rutted to a depth of greater than or equal to two inches over more than 10% of the length of the road (measured on a mile by mile basis).

3. In accordance with the Plan of Operations approved by Contracting Officer.

4. Chainsaw Operations (thinning) are limited to the hours of 8 am to 6 pm Monday thru Sunday, unless otherwise agreed to by the COR.

5. No work on Federal Holidays.

6. Location of areas needing special measures for protection of plants or animals are shown on individual unit maps and identified on the ground with blue and green flagging where possible. If a Limited Operating Period is needed for such protection, the dates of restricted activity are shown on individual unit maps. If protection measures prove inadequate or other such areas are discovered, or if new species are listed or found during the term of the contract, the Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents). Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the task order may be terminated for default in accordance with the clause governing default (termination for cause).

MSPA Card (Form WH510): This contract does require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit (See also Section H, Camping Permit Compliance).

Technical Requirements Thinning Specifications Conifer Thinning - Fuels Treatment: For Item 1, treatments are designed to improve forest health through thinning of conifer forests and reduction of hazardous fuels by modifying the quantity and arrangement of live and dead forest fuels to reduce fire size, fire intensity and fire severity. The method to accomplish thinning includes hand felling or cutting with chain saws. Tree thinning in this contract is defined by selection of cut trees (C.8-1.1) and selection of leave trees (C.8-1.2).

Selection of Cut Trees: For Item 1, cut all excess conifers greater than 20” in height and less than or equal to specifications in Table 1 under “Live Conifers Designation by Description” and “Spacing from Leave Trees.” Cut all dead conifers up to 20” DBH. Dead conifers over 20” DBH will not be cut unless approved by the COR.

Selection of Leave Trees: For Item 1, leave trees shall generally be those of tallest height, largest crown, straightest bole, and greatest vigor that are free of damage from insects, disease, physical, and other mechanical causes. Select leave trees using the following hierarchical criteria:

1. Leave all damaged or undamaged conifer trees, which exceed the diameter limit listed in Table 1 – Summary of Thinning Specifications.

2. Leave all hardwood trees unless tree is a snag (cut all snags up to 20 inches DBH).

3. Select leave trees from healthy undamaged conifers less than or equal to the specified diameter limit in order to achieve desired spacing.

4. If no healthy undamaged tree exists at the required spacing interval, leave the best tree with the least amount of damage.

5. Do not cut Western Juniper.

6. Species selections preference for leave trees shall be:

a. White Bark pine

b. Sugar pine, Western White pine

c. Jeffrey /Ponderosa pine

d. Incense Cedar

e. Red fir

f. White fir

g. Lodgepole pine

7. Retain taller trees with good form (e.g. straight bole, good vigor (>30% crown ratio, no visual evidence of insect or disease (i.e. Mistletoe, White pine blister rust)).

8. Leave the bigger of two trees that are healthy, and of the same species.

9. For trees forked above ground, leave both or take both trees. Do not cut just one stem.

Table 1 – Summary of Thinning Specifications Treatment Unit

Designation by Description

Stump Height, Removal of live limbs, and Stump Post Treatment: All conifer trees that meet designation by description greater than 20 inches in height, other than leave trees, shall be cut. White or red fir and all trees under 1 inch stump diameter which are cut will be cut below the lowest live limb unless prevented by a natural obstacle. Stump heights for all cut trees shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

Felling: Cut trees shall be felled away from unit boundaries, structures, roads, power lines, established trails, driveways, fence lines, established land corners, archeology sites and stream channels. Any trees falling on such areas shall be removed immediately and damage shall be repaired to pre-damage condition at the expense of the Contractor. Trees shall be felled so as to avoid damage to residual trees. Discuss with the COR any difficult or unsafe trees that need to be felled.

Fuel - Slash Treatment, and Piling Specifications Piling - Fuels Treatment: For Item 2, fuel and slash treatments are designed to improve forest health through modifying the quantity and arrangement of live and dead forest fuels to reduce fire size, fire intensity and fire severity. The method to accomplish this is through bucking and piling using chain saws and the manual hand piling of material. Bucking in this contract is defined by cutting to a specific length contrator generated fuels and existing ground fuels (C.8-2.1). Piling in this contract is defined as piling of material (C.8-2.2).

Bucking: For Item 2, felled trees, snags, and existing down logs and limbs shall be cut into 5’ lengths for piling. See Table 2 – “Summary of Fuel - Slash Treatment Specifications” for bucking specifications. Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (little to no bark left intact) shall not be bucked. All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree. For dead conifers between 15” and 20” DBH at time of felling do not buck or limb any part of the tree.

Piling: For Item 2, hand pile all contractor-generated slash and existing down log bole material that is smaller than the diameter specified in Table 2 – “Summary of Fuel - Slash Treatment Specifications.” Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (with little to no bark left intact) shall not be piled. For dead conifers between 15” and 20” DBH at time of felling, do not pile any part of the tree.

Piling specifications are shown in Table 2 – Fuel - Slash Treatment Specifications. Piles shall be at least one and one-half (1.5) the diameter of the pile from residual trees, or as agreed to by the COR; for example, a 10-foot diameter pile shall be 15-feet away from residual trees. Pile height and width should be proportionate; for example a 4-foot high pile should be 4-feet wide. Minimum pile size shall be 4 feet in diameter.

Table 2 – Summary of Fuel - Slash Treatment Specifications

Pile Exclusions: For Item 2, piles shall not be located within pile exclusion areas including: areas within 30’ of structures/cabins, buffered stream channels, identified sensitive areas, and archeological sites. Remove all slash and existing down conifer bole material specified in Table 2 – “Summary of Fuel - Slash Treatment Specifications,” and pile outside the exclusion areas.

Pile Exclusion Areas; Stream Channels and Sensitive Areas: Streamside pile exclusion areas are marked on the ground with red and black-striped flagging. No piling is allowed within streamside pile exclusion areas. Fuel reduction thinning units with perennial and intermittent stream channels have a pile exclusion area of 50 feet in width, and ephemeral stream channels are 10 feet in width. The general location of most perennial and intermittent stream channels are shown on Project Maps, however some ephemeral channels may not be shown.

Pile Exclusions Areas; Trail Exclusion Widths: Trail pile exclusion areas are not flagged on the ground. For all trails there will be no piling within 10 feet of the trail or as agreed to by the COR.

Pile Exclusion Areas; Archeological Site Exclusions: Protected historical sites are marked on the ground with blue and black-striped flagging. No piling is allowed within or on these sites.

Pile Exclusion Areas; Wildlife trees: Protected wildlife trees are marked with a wildlife tag on the tree. Wildlife trees will be protected from damage with a no pile exclusion of 20 feet.

Contractor-Furnished Equipment and Supplies Any hand held mechanical equipment (i.e. chainsaws, etc.) necessary to complete the project shall be provided by the contractor. Use of motorized equipment other than hand held equipment such as power saws will not be permitted off designated roads in the project area without approval of the Contracting Officer or his representative. All power saws or any internal combustion engine will require a Forest Service approved spark arrestor.

Government-Furnished Property None.

Public Safety Contractor is responsible for warning the public of dangerous operations occurring at the job site, especially along roads and trails. Methods used may include, but are not limited to posting warning signs and using lookouts to warn the public of tree falling activities.

Salvage Rights None.

Road Maintenance All gates that are opened to access units need to be closed after passing through. All cut vegetation shall be kept within unit boundaries. Any cut vegetation falling into ditches, road banks, landings, waterways, or adjacent units shall immediately be removed. No payment shall be made for items not meeting this specification.

INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

Quality Control Plan – The Contractor shall conduct inspections on all units in accordance with his/her Quality Control Plan (QCP). The Contractor’s Quality Control Plan shall be submitted and accepted by the Government prior to any work starting.

Inspections will be selected by random sampling.

Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be: 1/50 acre

Quality Assurance Plan

For all units, the Government will inform the Contractor or a designated representative of Thinning, bucking and piling inspection results with 2 working days of completion. Unacceptable work will not be accepted and shall be corrected by the Contractor at no additional cost to the Government. The contractor shall complete all corrections of unacceptable work within 10 calendar days following notification of unacceptable work. Unless otherwise agreed, each unit shall be at a satisfactory level of acceptance before the Contractor can start marking another unit.

Payment for marking work completed will be based on the following inspection results:

Specific Inspection Procedures

Work will be accepted for payment on the basis of a final inspection and passage of specifications thinning specifications and Fuel - Slash Treatment, and Piling Specifications above. The Government will inspect for compliance of specifications. Plots will be located throughout the sub-items so as to obtain a representative sample of the area. Sub-items will be inspected separately and not combined for the purpose of determining percent of satisfactory work.

A series of 1/50-acre plots (16.7 foot plot radius) distributed over the entire unit sufficient to yield at least a one-half of one percent sample (0.5%) will be taken. Plot centers will be marked.

On each plot the Contracting Officer Representative will record the plot number, whether the plot is satisfactory or un-satisfactory and the reason if un-satisfactory. Each plot will be examined to record findings on the items in "1" through "5" listed below. To be considered satisfactory these items must meet the following criteria:

1. Number of leave trees that should have been left per specification. (Maximum of 12 allowed per plot). A maximum of four well-spaced undamaged leave trees over the diameter limits specified in Table 1 will be counted per plot.

2. Total number of trees that were left. Sugar pine/western white pine and Juniper, damaged trees and undamaged trees over the diameter limits specified in Table 1 greater than 4 per plot will not be counted.

3. Number of missing leave trees (#1 minus #2).

4. Number of excess trees (#2 minus #1).

5. Plot result - pass or fail and reason.

Quality of Spacing: Upon inspection of all plots per sub-item, the quality of thinning spacing shall be calculated as follows:

1.00 - (# of missing leave trees) + (# of excess trees) x 100= % Quality (# of leave trees that should have been left)

Each plot will be examined to see if the desired species and spacing for the unit has been met in relation to Section Table 1 and selection of leave trees. If it is determined within a plot that a quality tree meeting the desired species and spacing goal for that unit has been cut, in favor of a lower priority species, then the plot will fail.

No live Aspen or Western Juniper shall be cut (unless designated by COR); if one or more are cut within a plot, the plot will fail.

No live limbs may exist on any of the remaining White Fir or Red Fir cut stumps nor any stump under 1 inch diameter and no stump shall exceed the limits set forth in Specification “Stump Height, Removal of live limbs, and Stump Post Treatment.” Any live limbs on a White Fir or Red Fir stump or any stump under 1 inch diameter or if a stump height requirement is exceeded within a plot, the plot will fail.

All contractor generated slash and existing downed material has been bucked and piled according to specification. Un-piled contract generated slash will fail the plot. Piles shall not exceed limits set forth in Piling Specifications. No piled thinning slash will be allowed within SEZ's; any thinning slash that is piled within an SEZ will fail the plot.

Inspection calculations.

Leave tree Calculation. Specification for Number of leave trees that should have been left per specification will be calculated over the entire sub-item. An 85% or greater must be achieved utilizing the formula to be considered acceptable.

Other Specifications calculation. Specifications for Quality of Spacing through, cutting of live Aspen or Western Juniper, butting of live limbs on White Fir and Red Fir will be calculated at each plot and assessed as a pass or fail. At the end of the inspection, these will be calculated into a percentage representing the number of passing plots as compared to the number of plots taken. The plots must show 80% or greater to be considered acceptable.

Final Calculation. The final calculation to determine the overall acceptance will be computed by taking the average of the percentage in Leave Trees (above) and the percentage in other specifications.

Acceptance Work on this contract will be deemed acceptable when the quality of work is 85 percent or above as is calculated in E.2.4. If overall percentage is greater than or equal to 80%, payment will be made according to specification Section G (Payments) with no rework.

Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

0. Suspension of Work (APR 1984) AGAR 452.211-74 Period of Performance (FEB 1988) Performance Period Time on this contract begins May 4st, 2016 (anticipated date of award) and shall last thru October 28th, 2016 (177 days of contract time), unless days are added by the CO. All work shall be performed and completed within the time period identified in the contract which extends thru two operational field periods.

Work Timing The Contractor shall begin work within ___3_______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one sub-item before proceeding to another.

If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

Work Days The actual performance time needed to complete this contract will be listed in the solicitation and includes weekends (excluding Federal holidays, adverse weather, unworkable ground conditions, and subject to Section J Fire Plan restrictions). In order to ensure timely completion, the contractor shall begin work within 3 days of award and be within the operational period for when work is generally completed, or show cause why the contract should not be terminated in accordance with the default clause –52.249-10.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Measurement Methods of Measurement.

Acreage was measured on a horizontal plane using a Global Positioning System.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities, when the units are acres or any linear measurement in feet. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 85 percent or higher. If inspection results are below 85 percent, a deduction will be made equal to 2 percent for every 1 percent below 85. For example, if inspection results are 83 percent, the bid price would be reduced by 4 percent. No payment will be made if results are less than 80 percent.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time)

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a 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. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices.

Payment will be made from submitted Contractor's invoice thru the Invoice Processing Platform (IPP).

GOVERNMENT-FURNISHED PROPERTY

NONE

SPECIAL CONTRACT REQUIREMENTS

Emergencies Fire Plan

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan.

Silviculture Projects - 70 meters around the perimeter of the unit being worked in.

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 432,433) National Historic Preservation Act of 1966 (16 U.S.C. 470) and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e) shall be identified on the ground by the Forest Service with blue and black stripped flagging.

Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect Controlled Areas flagged on the ground in blue and black flagging, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. Contractor shall immediately notify Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until Forest Service authorizes Contractor to proceed. If such damage is negligently or willfully caused by Contractor's operations, Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Safety When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor’s operations. This may require the use of flag persons in addition to signing or other methods of warning. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD).

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes equipment such as ATVs or chippers; it does not include service vehicles, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving 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.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, 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.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). 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 perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes: • Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

(Contracting Officer – only include those applicable to your project.)

• MSPA – Forestry Working Conditions Checklist

• Manual Logging activities: https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

• General Machine and Vehicles Logging activities: https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

• Manual Tree Planting

• Spraying

• Firefighting

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation

a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver’s licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing

a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled “452.236-72 Use of Premises” in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval. i. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

iii. The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon…