Quidazoic_IRSC_Solicitation.docx

SOLICITATION OFFER AND AWARD

USDA Forest Service Central California Acquisition Service Area 631 Coyote Street Nevada City, CA 95959 ATTN: Donald Tinsley

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

Donald Tinsley Kevin Roehrs

kroehrs@fs.fed.us

647-5453

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME AND

ADDRESS

OF

OFFEROR

OFFER (Type or Print)

DUNS:

Email: @ .

15B. TELEPHONE NO.

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

101B Sun Ave NE Albuquerque, NM 87109

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Previous edition is unusable

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension must be requested in writing and may or may not be granted. In accordance with FAR 52.217-5, except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The estimated price range for construction is: between $100,000 and $250,000, Bid Bonds are not required for this project.

Payment Bond is required to cover 100 % value of the construction items identified in this contract.

NOTE: BOND AMOUNT SHOULD BE BASED OFF OF THE TOTAL OF ALL CONSTRUCTION WORK ACTIVITIES AND NOT THE TOTAL PROPOSED PRICE Payment for bond premiums shall not be in addition to the contract price. Include bond premiums under Bid Item 1 - Mobilization. Reference FAR 52.232-5 Payments under Fixed-Price Construction Contracts.

Multiple Awards may be made for this solicitation, Items 2, 3, and 4 will be combined in one award on a best value basis. Item 1 may be made individually on a Best Value Basis.

MANDATORY WORK ACTIVITIES

QUANTITY

B.2.2 APPENDIX C – ROAD MAINTENANCE REQUIREMENTS

Maintenance Requirements Summary Table

The following is a summary of all maintenance items required for this project. All items can be found in the Service Contract Schedule of Items for each road. The schedule of items(Attachment in Appendix C) is available to help bidders develop a specific cost for each item.

(Total Units times Unit Price)

SERVICE PAY ITEMS

Total

B.2.3 TIMBER OR OTHER PRODUCTS REMOVAL PRICE SCHEDULE:

(FLAT)

TOTAL OFFER

INCLUDED TIMBER

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A

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

NOTE: Multiple awards will be considered on a best value basis. Item Numbers 2, 3 and 4 will be combined in one award. Item 1 may be awarded separately.

B 2.4 APPENDIX D – ROAD CONSTRUCTION ITEMS

QUIDAZOIC FIRE SALVAGE STEWARDSHIP CONTRACT

The following is a summary of all construction items required for this project. All items can be found in the Construction Contract Schedule of Items for each road. The schedule of items(Attachment in Appendix D) is available to help bidders develop a specific cost for each item.

(Total Units times Unit Price)

SERVICE PAY ITEMS

Total

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-2, Item 3, will be made in Stewardship Credits in lieu of cash, as defined in Section G.

SECTION C – DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

General Clauses and Provisions Pertaining To All Items C.1 AGAR 452.211-3 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 Project Description

(a) Description of Work – The Quidazoic Fire Salvage Stewardship Project is located on the Pacific Ranger District, Eldorado National Forest encompassing the area indicated on the Project Area Map (which includes Contract Area Maps). This project is encompassed by the foot print of the King Fire which occurred in the Fall of 2014. The objectives for the project area are summarized as follows:

· Utilize Timber or other products – Provide wood resource to forest product industry.

· Remove or otherwise rearrange dead trees for the purpose of fuels reduction and site preparation to facilitate future reforestation operations.

· Provide reconstruction and maintenance on Forest roads necessary for both commercial removal of commercial timber and future forest management activities

(b) Resulting Contract – Any resultant contract will be a commercial services contract with requirements for timber removal.

(c) Project Location – Project is located in T.11N., R.13E., Sections 1, 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 22 and 23; T.12N., R.13E., Sections 33, 34 and 35; T.13N., R.14E., Sections 3, 4, 5, 8, 9, 10, 17, 18, 20, 21 and 28; T.14N., R.14E., Sections 28, 32 and 33 MDB&M.

C.3 Specifications Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C. Road Construction plans and specifications can be found in Appendix D.

C.4 Contract Area Map The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause(s) contained in Section I of the contract.

· NONE

C.6 Operating Plan and Schedule:

The Contractor will provide, as part of the technical proposal, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F.5. The operating plan should indicate the sequence of activities that will take place to accomplish the tasks described within the solicitation, Appendix A, Appendix B, Appendix C, and Appendix D including proposed start and completion dates. The operating plan and schedule should contain the following elements:

· A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act and/or Davis-Bacon wage rate.

· All Subcontractors must also provide a list of all employees/personnel working on this contract identifying each by their Occupational Code/Job Title as it applies to this contract under the applicable Service Contract Act and/or Davis-Bacon wage rate.

· A proposed communication plan regarding findings, progress, information exchange, questions, and concerns of both parties.

Depending upon how the contractor proposes accomplishing the activities within the solicitation, the Operating Plan and Schedule may be developed by indicating when and how all work activities within individual units will be completed, when and how individual tasks will be completed, or a combination of when and how units or tasks will be completed. The contractor should be able to display through an operating plan and schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

C.7 Sustainable Acquisition The Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

In compliance with FAR Part 23.4 through performance of this contract, the Contractor shall make maximum use of EPA designated and USDA designated biobased in accordance with FAR clause 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts and 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Information about this requirement and a catalog of products are available at the BioPreferred Web Site.

The Contractor shall utilize products and material to the maximum extent possible in the performance of this contract from EPA’s list of designated products and the accompanying recommendations for post-consumer content and recovered materials content in the following eight categories: Construction products, Landscaping products, Nonpaper Office Products, Paper and Paper Products, Park and Recreation products, Transportation Products, Vehicular Products, and Miscellaneous Products.

Compliance with the USDA Biobased requirements requires Contractors to report the purchase of biobased products under service and construction contracts through the System for Award Management (https://SAM.gov) and provide a copy of the report to the Contracting Officer.

7.1 Sustainable products identified for this solicitation:

The following is a list of categories for biopreferred products and EPA products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

7.1.1 BioPreferredProducts:

a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

h Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

g 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

7.1.2 EPA Designated Products:

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.8 Definitions Acceptable Quality Level: The allowable leeway or variance from a standard before the government will reject the specific service. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the government. The contractor, however, must re-perform the defective service when possible.

Biobased Products: See Sustainable Acquisitions Contracting Officer (CO): Individual with authority to bind the government with their signature on the contract.

Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

Period of performance (also Performance period or Contract time): All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

Quality Assurance: Those actions taken by the government to check goods or services to determine that they meet the requirements of the Statement of Work (SOW).

Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

Quality Control: Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the Performance Work Statement. Refer to Inspection and Acceptance 52.246-4 or 52.246-12 and Contractors Quality Control Plan as described in Section E.

Quality Control Plan: Contractors plan for self-monitoring work prior to Government inspection and acceptance. See Section E.

Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

(Acceptable) Service: A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

Standard: An acknowledged measure of comparison.

Stewardship Contracting: An exchange of goods/products for services including construction.

Sustainable Acquisitions (FAR Part 23.4 – Use of recovered materials and biobased products)

a. Biobased Products: Managed by the U.S. Department of Agriculture (USDA), the goal of the BioPreferred program is to increase the purchase and use of biobased products. The BioPreferred program was created by the 2002 Farm Bill and reauthorized and expanded as part of the Agricultural Act of 2014 (the 2014 Farm Bill). The program's purpose is to spur economic development, create new jobs and provide new markets for farm commodities. The increased development, purchase, and use of biobased products reduce our nation's reliance on petroleum, increase the use of renewable agricultural resources, and contribute to reducing adverse environmental and health impacts. Information on biobased/biopreferred products can be found at the BioPreferred Site . The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts and the provision at FAR 52.223-1, Biobased Product Certification.

b. EPA-designated items: Products that are or can be made with recovered material. The Comprehensive Procurement Guideline (CPG) program is part of EPA's continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. The contractor shall comply with the clause at FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

C.8.1 Technical Definitions – See Appendices.

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items E.1

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.2.1 Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be performed on each sub-item listed in each task order.

E.3 Acceptance of Services The Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one re-inspection for each unit. If the contractor fails to meet the minimum AQL, the contractor shall rework the unit. Anytime more than two inspections are required per unit, the contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3.4). Acceptance may be made for all or portions of work.

E.4 Acceptance of Construction Refer to FAR Clause 52.246-12 – ‘Inspection of Construction’ for information on Government acceptance of construction.

E.5 Government Quality Assurance Surveillance Plan Quality assurance specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items F.1 52.252-2 Clause 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 address: http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F. 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than December 31st, 2018 for item 1 and December 31st, 2017 for items 2, 3 and 4. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by August 15th, 2016 [Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause) See Section F.4 below for special contract time and performance restrictions concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for resource protection, etc. may be addressed in the Technical Specifications.

F.4 Special Contract Time and Performance Restrictions The Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

1. Limited Operating Period in portions of units 61c, 810, 810a, 810b, S56, S57, and S58. All harvest, stewardship projects and road/landing reconstruction are prohibited during the LOP (Limited Operating Period) from February 15th thru September 15th, whichever is earlier.

2. For the 2016 operating season, in all units not listed above, all harvest, stewardship projects and road/landing reconstruction are prohibited during the LOP (Limited Operating Period) from contract award through the completion of surveys in 2016 or September 15th 2016, whichever is earlier. Surveys are currently underway and it is the intention of the Forest Service to lift the restrictions where surveys confirm that there are no nesting birds. Surveys will be completed in August 2016.

3. All operations are prohibited within areas flagged in Red and Black striped flagging. Boundaries of these areas have trees painted with orange stripes. Trees and brush within these areas are not designated for cutting. These areas are designated on the Contract Area Map as “Leave Islands”.

4. Forest Service shall be notified 5 days prior to any operations within units 61e, 61f, 61g, 61h, 61i, 798b, 4020b, 6002a (shown as Orange on Contract Area Map) and SL-61, SL-62, SL-63 (shown as Dark Pink on Contract area Map) shown on the Contract Area Map. In addition equipment is not allowed to operate off of designated skid trails.

5. All water sources must be approved before use. Forest Service will be given 5 days notification prior to using waterhole sites for drafting water. Unless otherwise agreed, in perennial and intermittent streams, pump intake screens shall have openings not exceeding 3/32 inch and be sized according to pump intake capacity. Pump shall be a low velocity pump. Hose shall be placed in a bucket at the deepest part of the pool.

6. In accordance with the Fire Precautions and Emergency Measures in Clause 51.

C5.13# – ROAD COMPLETION DATE. (7/01) Construction of Specified Roads shall be completed no later than 1/_December 31st, 2017 except for earlier construction completion dates for roads listed below:

N/A

Completion date is binding on party that constructs road. Contracting Officer shall modify the completion date in writing to conform to the approved progress schedule at the request of Contractor.

Forest Service shall in no way be responsible for any delay or damage caused by road contractor in performing the road construction except such delay as may be the fault or negligence of Forest Service.

F.5 Schedules and Reports Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. The Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on a date specified by the Contracting Officer:

All schedules and reports shall be submitted to the Contracting Officer’s Representative identified by the CO, unless the Contracting Officer directs the Contractor to submit any schedules or reports directly to the CO.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items G.2 Measurement All linear and area measurements under this contract are measured on a horizontal plane.

G.3 Payment It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-5 Payments under Fixed-Price Construction Contracts, 52.232-27 Prompt Payment for Construction Contracts, and 52.232-33Payment by Electronic Funds Transfer – System for Award Management (Section I). Submit certification G.9 with all invoices.

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

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL and above (As identified in Appendix A) G.3.2 Re-Inspection Costs for Service Items If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection will be authorized at no charge to the contractor for work that does not meet the AQL G.3.3 Payments for Construction Items Refer to FAR clause 52.232-5 ‘Payments under Fixed-Price Construction Contracts’ for payment procedures related to construction work activities

G.3.3 FINAL PAYMENT - RELEASE OF CLAIMS

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

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

G.4 Incidental Payment Items The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.5 Product Payment Guarantee and required deposits To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

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

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

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

Blanket Payment Bond:

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

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

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

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

G.6 Reimbursement for Bond Premiums The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.7 Stewardship Credits Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/Services B.2.1 and B.2.2 (if applicable) has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2.3. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.8 Establishment of Stewardship Credits Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

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

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2.3.

G.9 Contractor Certification Contractor will submit certification with every invoice and monthly, as Stewardship Credits are established. The Contractor shall furnish the following certification indicating if for invoice, stewardship credit or both. Credit will not be received if certification is not submitted.

CONTRACTOR CERTIFICATION

|_| - Invoice and/or |_| Stewardship Credit Earned

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

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

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

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

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

(Name)

(Title)

(Date)

G.10 Excess Stewardship Credits In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.11 Excess Timber or Other Products Value In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.12 Refund of Excess Cash If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items H.1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within (to be determined) days after the date of contract award. The conference will be held at the Eldorado National Forest Supervisor’s Office in Placerville, CA, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

(End of Clause) H.3 AGAR 452.236-72 Use of Premises (NOV 1996)

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

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

(End of Clause) H.4 AGAR 452.237-74 Key Personnel (FEB 1988)

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

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

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

Information on key personnel qualifications are found in Section C.

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

(End of Clause) H. 5 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.

This contract is also subject to the H-2B program under 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 with the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required if hiring H-2B workers. 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.