Bliss_Hand_Thinning_Solicitation.docx

Bliss Hand Thinning

7. FOR SOLICITATION INFORMATION CALL:

CONTRACTING OFFIER

a. NAME OLaine Martinez

b. TELEPHONE NUMBER(No collect calls) 530-478-6823

8. OFFER DUE DATE/ LOCAL TIME

May 4, 2016 3:00 p.m.

9. ISSUED BY CODE

10. THIS ACQUISITION IS |_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS

|_| HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS: 115310

|_| SERVICE DISABLED |_| EDWOSB

VETERAN- OWNED SIZE STANDARD: 7.5 Million

SMALL BUSINESS |_| 8(A)

USDA FOREST SERVICE

CENTRAL CALIFORNIA ACQUISITION SERVICE AREA

631 COYOTE STREET

NEVADA CITY 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB

|_| RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

|X| SEE ADDENDUM

PROJECT NAME: BLISS HAND THINNING

Lake Tahoe Basin Management Unit

See separate schedule sheet.

Email offers to tracymartinez@fs.fed.us.

Contractor MUST be registered in the System for Award Management (SAM) before award can be made.

Please provide the following information:

DUNS#_________________

TIN#___________________

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

Facsimile offers must be fully received by the due date and time. Please plan accordingly.

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

31c. DATE SIGNED

See schedule on next page.

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.2/2012) BACK

SECTION C—DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 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 458 acres with a contract length of 2 seasons. 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 20st 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.

C.2 Project Location & Description Location: The project is located within the Lake Tahoe Basin Management Unit in the East Shore area of Lake Tahoe along State Highway 28 in Nevada. The project area is located in Washoe County and Carson City Rural Area on both the east and west side of State Hwy 28 with Lake Tahoe Nevada State Park to the north and east, Lake Tahoe to the west and Forest Road 15N67 to the south. See the vicinity map (Exhibit A) and project area maps (Exhibits A-1 thru A-7). 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 7 units with 2 separate bid items for each unit. Maps are attached as Exhibits A-1 to A-7 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: 5, 6, 10, 1003, 1004, 1010, 2010 Conifer thinning (see C.8-1.1 thru C.8-1.4) is comprised of 466 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 : 5, 6, 10, 1003, 1004, 1010, 2010 Fuel – Slash and Piling (see also C.8-2.1 thru C.8-2.3) is comprised of 466 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.

C.3 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).

C.4 Estimated Start Date & Contract Task Order Time Start: May 20, 2016 Time: Contract to be completed by October 31, 2017 (193 days of contract time).

C.5 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. Wildlife Limited Operating Period (LOP): Unit 1004, Unit 5, Unit 10, Unit 1010 (Feb 15-Sept 15)

Wildlife Limited Operating Period (LOP): Unit 2010 (March 1- August 15)

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

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

6. No work on Federal Holidays.

7. 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.

C.6 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.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor 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).

C.8 Technical Requirements C.8-1 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).

C.8-1.1 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 diameter specified in Table 1 under “Dead Conifers Designation by Description”. Dead conifers over 20” DBH will not be cut unless approved by the COR.

C.8-1.2 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.

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. Sugar pine , Western White pine

b. Jeffrey /Ponderosa pine

c. Incense Cedar

d. Red fir

e. White fir

f. 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)) while maintaining existing species composition.

8. Leave the bigger of two trees that are healthy (see criteria above), 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

25’/ 70 TPA

Up to 20” DBH, leaving 5 clumped snags per acre, where possible.

C.8-1.3 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.

C.8-1.4 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.

C.8-2 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).

C.8-2.1 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 any dead conifer between 15” and 20” DBH at time of felling do not buck or limb any part of the tree.

C.8-2.2 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 (little to no bark left intact) shall not be piled. For any 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 X) times the diameter of the pile from residual trees, or as agreed to by the COR; for example, if a pile is 10-feet in diameter it 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

No piling 10’ from 18E19A.2 Trail

C.8-2.3 Pile Exclusions: For Item 2, piles shall not be located within pile exclusion areas: This includes 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. For linear historical sites flagging will go down the centerline of the feature and there will be no piling within 10 feet of the flag line.

Pile Exclusion Areas; Wildlife trees: Protected wildlife trees are marked with a wildlife tag and/or white and blue striped flagging. Wildlife trees will be protected from damage with a no pile exclusion of 25 feet.

Pile Exclusion Areas; Water Tank: Protected water tank in Unit 10 is marked on the ground with red and black striped flagging. Water tank will be protected from damage with a no pile exclusion of 100 feet.

Pile Exclusion Areas; Botany: Protected species are marked on the ground with a combination of blue and orange flagging. Avoid use of these areas for ingress/egress to work areas. Noxious weed sites are marked on the ground with Orange “Noxious Weed” flagging.

C.8-3 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.

C.8-4 Government-Furnished Property None.

C.8-5 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.

C.8-6 Salvage Rights None.

C.8-7 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.

SECTION E--INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) E.1 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

E.2 Specific Inspection Procedures

E.2.1: Work will be accepted for payment on the basis of a final inspection and passage of specification C.8-1 and C.8-2. 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.

E.2.2: 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.

E.2.3: 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 C.8-1.2 (Maximum of 12 allowed per plot). A maximum of four well-spaced undamaged leave trees over the diameter limits specified in Section C-Table 1 will be counted per plot.

2. Total number of trees that were left. Mountain Hemlock/Sugar pine/western white pine and Juniper, damaged trees and undamaged trees over the diameter limits specified in Section C- 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 (based on E.2.5 through E.2.3.6).

E.2.3.1: 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)

E.2.3.2: Each plot will be examined to see if the desired species and spacing for the unit has been met in relation to Section C-Table 1 and C.8-1.2. 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.

E.2.3.3: No live Aspen or Western Juniper shall be cut (unless designated by COR) (see Specification in C.8-1.2); if one or more are cut within a plot, the plot will fail.

E.2.3.4: 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 C.8-1.3. 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.

E.2.3.5: All contractor generated slash and existing downed material has been bucked and piled according to specification C.8-2. Un-piled contractor generated slash will fail the plot. Piles shall not exceed limits set forth in C-.8-2.2 No piled thinning slash will be allowed within SEZ's (see Specifications C.8-2.3); any thinning slash that is piled within an SEZ will fail the plot.

E.2.4 Inspection calculations.

E.2.4.1: Specification E.2.3.1 will be calculated over the entire sub-item. An 85% or greater must be achieved utilizing the formula to be considered acceptable.

E.2.4.2: Specifications E.2.3.2 through E.2.3.5 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.

E.2.4.3: The final calculation to determine the overall acceptance will be computed by taking the average of the percentage in E.2.4.1 and the percentage in E.2.4.2.

E.3 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.

E.4 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.

Final Cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION F--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 20, 2016 (anticipated date of award) and shall last thru October 31, 2017 (196 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 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 10 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.

SECTION G--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. The pre-work meeting is scheduled for 16 May 2016. A 5 day NTP will be provided on 16 May 2016.

Notice to Proceed.

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.

Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement 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 re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement 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.

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 accepted 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).

www.IPP.GOV

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

(b) During the first ninety (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 necessitationg the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations to thos 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.

Designation Of Contracting Officer’s Representative

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

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

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

Government-Furnished Property

NONE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Emergencies

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression Requirements.

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.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

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.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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

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

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

a. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

b. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

c. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

Landscape Preservation The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

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

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

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…