2016_Secret_Manual_Releawe_Solicitation.docx

Secret Manual Release

AG-9JGP-S-16-0068

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 10, 2016 3:00 p.m.

|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: 19.0 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

|X| 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

2016 Secret Manual Release ARRD, Tahoe National Forest

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

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The purpose of this contract is to secure services for the manual removal of specified undesirable vegetation and excess trees that are competing with conifer seedlings and saplings in existing plantations on national forest land within the American Fire area. The Contractor shall, considering the specific tasks and critical subtasks involved, develop a Plan of Operations to accomplish the tasks and critical subtasks, and organize and direct all of the operations and personnel needed to fully accomplish the work.

Contractor Responsibility: The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. Work shall be performed in a systematic, orderly manner to insure complete coverage of the entire work area.

C.2 PROJECT LOCATION & DESCRIPTION

The location of the work site is shown in further detail on the contract maps, found in Section J. Access to the site and other information pertinent to each unit is contained in the paragraphs below.

Directions are given from the American River Ranger District Office, Foresthill, CA. To reach the District office from Sacramento, take Interstate 80 eastbound to Auburn. Take the Foresthill exit (Auburn Ravine Road), make your first right onto Auburn Ravine Road and continue straight onto Foresthill Road for approximately 17 miles to Foresthill. The District Office will be on the right at 22830 Foresthill Road.

The release units are located approximately 25 miles northeast of Foresthill off the Foresthill Road.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

Description: All work unit borders are identified as follows:

Flagging, colors:

Items 1 & 2: Approximately 80% of the release units were salvage logging units and will have boundaries designated with orange dots painted on the perimeter. In addition to the orange dots, some units have yellow flagging with ‘silviculture boundary’ black lettering marking the boundaries. In the event no orange paint or silviculture flagging is observed, the unit boundaries will be shown to crews on the ground by the COR(s).

At times, roads are used to designate a unit boundary. Work areas may have small or large unmarked areas spaced throughout the work unit boundary due to rock outcroppings, for example.

Exclusions (non-work areas): Riparian buffers of stream courses will not have release treatments.

Accessibility: * All work areas may be reached by the specified roads that are accessible by a four-wheel drive vehicle, unless otherwise noted. Depending on weather conditions, chains may be required to access some units. No vehicles will be permitted to operate off Forest Service system roads without approval of the Contracting Officer. Vehicles must keep to system roads and may only pull off these roads one vehicle length. Roads must be left in their original condition; any waterbars that are removed for example, will be re-installed at the Contractor’s cost. Any necessary road maintenance to return a road to its previous condition will be paid for by the Contractor as well.

Inaccessibility due to snow, fallen trees, mud, slides, or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may, under the Changes Clause (1) provide an alternate access route, (2) delete the inaccessible unit(s), or (3) require an "unspecified walk-in". If the "unspecified walk-in" is less than one quarter mile (1,320 feet), there will be no additional compensation to the Contractor.

C.3 MAPS

Contract maps are intended to show only the general size and location of the units and are not to be considered as definitively identifying locations. Specified units can be found in the schedule of treatments, Exhibit C, found in Section J.

C.4 ESTIMATED START DATE & CONTRACT TIME

Start: June 15, 2016 Time: 212 Days Specific start time with be arranged with contractor.

C.5 RESTRICTIONS ON WORK

Work may be performed at any time during the period of the contract, except as outlined here. 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, in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

C.6 LICENSES AND INSURANCE

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

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.

Other: NONE

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 Definitions

BASAL BURL - The thickened and woody swelling of a shrub located between the aerial branches and subsurface roots. (See Exhibit A.)

COMPETING VEGETATION – Refers to any of several woody shrubs and hardwoods with broad leaves that are potential competitors for established crop trees which may be encountered in this contract.

CROP TREE – Planted or natural conifers planned to become part of the forest crop that is a maximum of 5 ft. tall. A crop tree is determined by both spacing (approximately 14 x 14 unless stated otherwise in the Hand Release Data Tables in Section J) and vigor of the existing conifers.

DAMAGE – Any injury to the main stem or branches of treated trees from release efforts. Injuries include severing, scraping, stripping, or breaking of any portion of the tree. Any conifer buried or partially buried by soil, rocks, hummus, litter, or slash in the top 50% of the crown of the tree caused by Contractor’s performance of work. Potential crop trees which are uprooted are also considered damaged trees.

DIAMETER - Thickness of the stem measured 1-inch above ground level on the uphill side.

DOMINANT TREE / LEAVE TREE - Any planted or natural conifer that is less than 10 inches in diameter at breast height and is less than 5 feet tall. Natural conifers need to be at least 6 inches tall have a fuller crown, and bear fewer signs of physical damage, insect infestation, or disease than adjacent trees. Preference will be given to all other tree species over white fir or red fir.

DRIP LINE - The line where moisture dripping from the extremities of a living tree's crown strikes the ground.

EXCESS TREE - A tree, other than the dominant leave tree, that lies within the clearing radius when there are more than three trees in the clearing radius.

GRUB - To physically remove competing vegetation from the ground using hand tools, removing the competing vegetation below the root collar.

HARDWOOD CLUMP – Stems of California black oak, live oak, tanoak, maple, or Pacific madrone originating from a common stump or root collar.

INSECT INFESTED OR DISEASED TREES – Insect Signs: A tree pitching sap from the bark in multiple spots on the bole, dead tops, single trees or a group fading from yellow to red. Disease Signs: For all conifers, fading, loss of foliage and the presence of conks on the bole are most likely signs of a root disease. Leafless yellow-green mistletoe shoots (approx. 3-8 inches long) and stem cankers appear on trees infected with Dwarf Mistletoe. On ponderosa pine, small to large pear shaped galls on branches or stems is a sign of Western Gall Rust. On sugar pine, stem / branch canker, yellow to red flagging of branches and tops are signs of White Pine Blister Rust.

MINERAL SOIL - The state of soil where humus and large organic matter are not present.

NATURAL CONIFER – A naturally growing conifer that is at least 6 inches in height and free of any defect.

OVERSTORY TREE - Large mature trees, (12 DBH and larger) not including oak, left for shelter wood or as seed trees.

RCA – Riparian Conservation Area. Areas that are managed to maintain or restore the structure and function of aquatic, riparian, and meadow ecosystems. These areas contain the riparian buffer, plus an additional distance. Ephemeral and intermittent streams are 150 feet both sides of the stream channel and perennial and special aquatic features such as meadows and springs are 300 feet on each side.

RELEASE - The removal of competing vegetation and excess trees from a tree selected to become a leave tree.

RIPARIAN BUFFER – A protected area where no release will occur within each side of the stream channel (where water runs) for all stream types; ephemeral: 25 feet, intermittent: 50 feet, or perennial: 100 feet. Other areas such as meadows, seeps, and springs: 100 feet.

ROOT COLLAR - The portion of the seedling stem where the cotyledon scar is located. The swelling on the stem of a tree seedling, above the roots and below the needles, indicating the original position of the tree in respect to the ground line.

SLASH – Competing vegetation grubbed or cut during performance of this contract and any other debris in the work area.

STEM - The main axis of the tree.

TOP - That portion of the seedling exposed above normal ground line.

UNCUT VEGETATION – Green vegetation that is above a single root crown.

UNIT BOUNDARY - The perimeter of the work area as indicated by Forest Service markings at various points along an irregular perimeter.

WOODY PLANTS / BRUSH - A dense shrubby growth of bushes.

WORK AREAS - An area of forestland where the Forest Service has established a plantation of planted and natural conifers. These may be surrounded by various brush and herbaceous species that impede the growth of the conifers.

C.8-2 HAND RELEASE TECHNICAL SPECIFICATIONS

The Contractor shall adhere to the following specifications for the removal of all vegetation and excess trees from all dominant planted and natural conifers, as follows:

C.8-2.1 Specifications (release Standards)- For all project areas (Items 1 & 2), the Contractor shall grub to remove all grasses, forbs, ferns, woody brush (less than 1 inch in diameter) and any additional natural conifer trees with in a 5 foot radius of a planted and/or natural tree. The grubbed vegetation shall be removed below the root collar of the plant. Where no definite root collar is present, the vegetation will be severed at least ½ inch below the original ground level. Larger woody brush (greater than 1inch in diameter) within the 5 foot radius of a planted and/or natural tree that is not grubbed, and is in between 1 inch to 5 feet tall, shall be cut no greater than 2 inches above ground level at the base of the plant.

Units that have cluster planting, NO planted trees will be cut that are within the 5 ft. radius of the stem of a planted and/or natural trees.

C.8-2.1.2 All hardwood species (Black Oak, Live Oak, Maple, Tanoak (both tree form and shrub form), and Pacific madrone) will be cut within a 5 foot radius of any crop tree. Treatment standards for hardwoods will be the same as those stated in the preceding paragraph. Do not cut any hardwood stem over three inches in diameter. All stump sprouts (hardwood clumps) shall be completely severed within six inches of the stump or an obstacle. Any remaining foliage attached to the stump will be removed.

C.8-2.1.3 Sprouting species such as, but not limited to, lupine, gooseberry, white thorn, green leaf manzanita, chinquapin, tanoak, and currents shall be pulled up or grubbed out below the basal burl. White leaf, mariposa, and other manzanita species shall be cut below the lowest live leaf.

C.8-2.1.4 In the units with cluster planting all planted conifers in the cluster will not be cut and will be released with a 5 foot radius.

C.8-2.1.5 All cut, grubbed and scalped vegetation shall be completely severed from any roots remaining in the soil and kept within the cleared 5 foot radius. Cut/ grubbed vegetation shall not touch, lean upon, or be piled on any conifer or oak.

C.8-2.1.6 No planted or natural conifer shall be released within an 8-foot radius of the stem of a suitable existing tree, or under the drip line of oaks that are larger than 4 inches in diameter.

C.8-2.1.7 No slash shall be piled on or against crop trees and/or oaks. Debris generated in the performance of this contract shall be removed from drainage channels, both natural and constructed, and from roadways.

C.8-2.1.8 No damage to trees or other existing resources shall be incurred as a result of Contractor's activity. If the Contracting Officer’s Representative or designated Inspector observes such damage, the Contractor's operations may be suspended. Damage includes any damage to the cambium layer or foliage of the leave trees. In addition, any leave tree damaged as a result of the Contractor's activity, which is found within an inspection plot, will cause that plot to fail.

C.8-2.1.9 Vegetation growing in RCAs will be treated the same as the remainder of the treatment units. Keep any slash out of stream channels. The 25 foot riparian buffer on both sides of ephemeral streams will not be treated along with the 50 foot riparian buffer on both sides of intermittent streams will not be treated, as well as the 100 foot riparian buffer on both sides of perennial streams. Any other springs, seeps, or meadows will also have no treatment within 100 feet of these features.

C.8-2.1.10 All cut vegetation will be scattered less than 12 inches within 50 ft. of any road, and less than 18 inches in depth throughout the rest of the unit.

C.8-2.1.11 Any existing slash or debris less than one foot deep within the 5 foot radius will be moved to facilitate removal of the competing vegetation. Where slash exceeds 1 foot in depth, competing vegetation must be severed no greater than 2 inches above obstacles

C.8-2.1.12 Measurements of tree heights shall be taken from the uphill side of the tree.

C.8-2.2 In areas where planted and/or natural trees exist, the Contractor shall release all planted trees from this year and previous years. Cluster planting has taken place in most of the units: spacing on average will be 27 x 27 feet with 4 trees per cluster spaced 8 feet apart. Spacing may vary up to 25 percent between trees due to rocks, stumps, slash and other unplanted areas. A 27 x 27 foot spacing with 4 trees per cluster spaced 8 feet apart is meant to average 240 trees per acre.

C.8-2.2.1 In areas where there are no planted trees, the order of precedence for trees to be released for natural conifers that are at least 6 inches tall are and free of defect are: ponderosa or jeffrey pine, sugar pine or western white pine, giant sequoia, red or white fir, then incense cedar.

C.8-2.3 The contractor will not ruin or cause displacement of any wooden stakes found in the release units. These stakes will remain untouched or at the very least put back in their original position if moved.

C.8-3 CONTRACTOR-FURNISHED EQUIPMENT

a. Cutting and grubbing tools, including: Pulaski’s, McLeod’s, and pruning shears.

C.8-5 PUBLIC SAFETY

a. Vehicles, tools and other equipment must be kept out of roadways and trails at all time. Provide Saftey plan with Proposal.

C.8-6 SALVAGE RIGHTS

a. None

C.8-7 ROAD MAINTENANCE

a. Contractor must leave all roads in previous condition prior to start of operations.

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.aquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1 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.

E.2 GOVERNMENT INSPECTIONS, ITEMS 1 AND 2

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 re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection 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 re-inspection results are within 5 percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than 5 percentage points above or below the first inspection, the re-inspection results will be used.

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

Re-inspection 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. Re-inspection 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 re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

E.2-1 SPECIFIC INSPECTION PROCEDURES ITEMS 1 AND 2

E.2-1a SAMPLING, ITEMS 1 AND 2

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: other 1/20 acre (26.3 feet)

E.2-1b Inspection of plots – Each plot will be inspected for the following:

E.2-1c Plot centers will be marked and each plot will be examined to record findings on the items listed below:

1. Number of crop trees that should have been released per specification C.8-2.1, Release Standards.

2. Total number of trees released.

3. Number of successfully released crop trees.

(a.) Proper treatment of crop trees that have been released per specifications C.8-2.1.7, (b.) Released crop trees that meet specifications C.8-2.2 and C.8-2.2.1

2. Determination of Quality: Removal of all competing vegetation – To be acceptable, a plot must not contain more than 3 stems of untreated competing vegetation within each treated radius per specifications C.8-2.1, C.8-2.1.2, C.8-2.1.3, and C.8-2.1.5

(a) And must meet the spacing guidelines set forth in C.8-2.2 and no sprouts from a stump.

(b) Damage to crop trees – No damage as defined in definition C.8-1 is acceptable. No previous damage crop tree is acceptable if an undamaged comparison tree is available per specification C.8-2.1

(c.) Treatment of slash – all slash must be treated per specifications C.8-2.1.5, C.8-2.1.7, C.8-2.1.9, C.8-2.1.10, and C.8-2.1.11 (d.) Quality Calculation – Upon inspection of all plots per sub-item, the quality of release shall be calculated as follows:

(Total successful released crop trees /Total number of possible crop trees) x 100 = % Quality

E.3 ACCEPTANCE, ITEMS 1 AND 2

Work on this contract will be deemed acceptable when the quality percentage is at least 90 percent for acceptance for full payment. When inspection determines quality is 80 percent and above, but below 90 percent, the work will be accepted at a rate reduction of 2 percent for each 1 percent the quality of work is below 90 percent. If the percentage falls below 80 percent due to inadequate treatment, the area may be reworked to bring the percentage up or no payment will be made for the work. The Contractor shall pay for re-inspection costs of reworked areas. A maximum of 2 reworks will be allowed on any sub-item and only one may be allowed if two reworks keep occurring frequently.

E.5 FAILURE TO COMPLY WITH THE SPECIFICATIONS, ITEMS 1 AND 2

Failure to comply with the specifications will require rework of the area at Contractor's expense. If the quality of future work is not improved to meet specifications within two consecutive work days after Contractor's receipt of notice, the Contractor's right to proceed may be terminated. Failure of the Contractor to correct unsatisfactory conditions or continued failure to follow contract specifications will be considered non-compliance with terms of the contract and may be considered grounds for contract termination.

When inspection results indicate that any of the services performed by the Contractor do not conform to the contract requirements, full payment will not be made until the deficiency has been corrected by reworking the unit. After rework, the same inspection procedure will be used but new plots will be selected. The inspection pattern will be shifted, but new plots or portions of these may possibly overlap previously inspected plots.

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):

http://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work within ___5____calendar days after the effective date of the Notice to Proceed issued by the Government as soon as weather and ground conditions are favorable 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.

Sunday work will not be permitted unless mutually agreed upon by the Contracting Officer and the Contractor.

Daily starting and ending times will be mutually agreed upon by the Contracting Officer and/or the Contracting Officer’s Representative, and the Contractor.

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, unless ground conditions warrant otherwise and agreement must be made by the Contracting Officer and/or the Contracting Officer’s Representative, and the Contractor.

In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

Periods of Shutdown

It is the Contractor's responsibility to keep the Contracting Officer and his or her Representative currently advised as to where the Contractor or the Contractor's Representative may be reached by phone during periods of work suspension. If the Contractor cannot be reached at the phone number provided, or if the Contractor fails to leave a number, a written Resume Work Order will be mailed and contract time will resume on the date specified on the Resume Work Order.

Some portions of both bid items may open up before all portions of both items are open due to potential snow remaining on the ground. In such cases, a Notice to Proceed may be issued for that portion which is clear. Contract time will begin by using the same criteria as above.

SECTION G - CONTRACT ADMINISTRATION DATA

PRE-WORK, ITEMS 1 & 2

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, ITEMS 1 & 2

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

MEASUREMENT AND REMEASUREMENT, ITEMS 1 & 2

Methods of Measurement.

Acreage was measured on a horizontal plane using a Geographic Information System (GIS).

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

Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in Part B, when the units are acres or any linear measurement. 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 as stated in Part B. 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 hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

PAYMENT, ITEMS 1 & 2

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 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

Deductions will be made of $20.00 for each cut seedling (for avoidance of release treatment or those seedlings planted in a triangulation).

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, ITEMS 1 & 2

Invoices.

Payment will be made from Contractor's invoice.

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

To inquire on an invoice, call the National Finance Center at (800) 421-0323, Option 2, then Option 3.

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” is defined as the percentage of work completed is less than the percentage of time used.

C.8-3 Designation of Contracting Officer’s Technical Representative (COTR) Technical Representative of the Contracting Officer (COTR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated. The contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting officer. No oral statements of any person whosoever will in any matter or degree, modify or otherwise affect the terms of this contract.

GOVERNMENT – FURNISHED PROPERTY

N/A

CUTTING OF SEEDLINGS, ITEMS 1 & 2

Cutting and/or stashing dominant leave trees will be treated as a criminal matter as an attempt to defraud the Government, and will be referred to law enforcement for investigation.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) During the first Thirty (30) 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 30-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.

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

LOSS, DAMAGE OR DESTRUCTION

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services and neither the Contract nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties’ property as a result of the Contractor’s operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

EMERGENCIES

Fire Plan

Usage of the Fire Plan is currently in effect for these services and is included as an attachment and listed in Section J.

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

SCHEDULES

The Contractor shall provide to the Contracting Officer, for approval, a practicable work schedule at the pre work conference. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of payments until the Contractor submits the required schedule.

If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. The Contractor shall maintain progress at a rate which will assure completion within the contract time. The minimum acceptable rate of progress will be calculated by dividing the total acres of work for all units by contract time. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, and days of work. The Contractor is required to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract

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. Before work starts, the Contractor shall designate, in writing, an English speaking person to be acting during Contractor's absence from the work site and list the extent of authority the Representative will have on the job. The Contractor or the Acting Authorized Representative shall receive orders and instructions from the Contracting Officer's Representative or the Inspector and shall take such action as is required to keep the job in progress under the terms of this contract.

The Contractor shall have a minimum of one designated non-working foreman for every 12 workers. Each crew foremen shall be able to speak fluent English and understand written English. If no English-speaking foreman is available, work may be suspended until the situation is rectified. In this event, contract time will continue, unless contract is terminated for default.

ARCHAEOLOGICAL OR HISTORICAL SITES (AGAR 452.236-73) (FEB 1988) Protection of Cultural Resources. 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. 431433), 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)) will be identified on the ground by the Forest Service. The Forest Service may unilaterally modify or cancel all or portions of 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.

The Contractor shall protect Controlled Areas (CA) shown on the Project Unit Maps, provided at the pre-work meeting, by AVOIDANCE, and shall protect 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 the Contractor's operations. The Contractor shall immediately notify the Contract Officer if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Contract Officer authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law. All known Controlled Areas are identified on the ground with blue and black striped flagging. The sites may be reflagged immediately prior to operations. Known affected units are shown in the table, Item 1 Heritage Resource Protection in Section J.

PROTECTION OF SENSITIVE PLANT POPULATIONS

No known populations of sensitive plants occur within or adjacent to the designated units. Any protected plants located within any of the units will be designated for protection by the Contracting Officer’s Representative with white and orange polk-a-dot flagging.

PROTECTION OF WILDLIFE

To maintain stand diversity, trees and/or brush providing homes for wildlife shall not be disturbed.

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 all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, 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.

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.

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:

units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

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 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.