First_Creek-Sherlock_Solicitation.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

AG-9JGP-S-17-0028

Matthew Gagnon

b. CONTACT INFORMATION matthewgagnon@fs.fed.us

8. OFFER DUE DATE / TIME

9. ISSUED BY CODE 9JGP

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

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

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

|_| HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

|_| SERVICE DISABLED |_| EDWOSB

VETERAN- OWNED

SMALL BUSINESS |_| 8(A)

NAICS:

SIZE STANDARD:

USDA Forest Service Central CA Acquisition Service Area 631 Coyote Street Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

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

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR / OFFEROR FACILITY

18a. PAYMENT WILL BE MADE BY CODE

|X| SEE ADDENDUM

First Creek/Sherlock Hand Thinning Lake Tahoe Basin Management Unit

See separate schedule sheet.

Please provide the following information:

DUNS#______________________

Email:_____________________________

PHONE No.:______________________

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

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

PART 1: SCHEDULE OF ITEMS

SECTION B:

SUPPLIES/SERVICES & PRICES/COSTS

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY:

SIGNATURE:

PHONE:

VENDOR NAME:

FAX:

ADDRESS:

EMAIL:

DUNS NUMBER:

CONTACT:

AG-9JGP-S-17-0028 First Creek/Sherlock Hand Thinning

TABLE OF CONTENTS

C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work Description of Work:

The intent of the First Creek contract is to secure services to pre-commercially thin trees, fell snags, and hand pile activity fuels and down logs in conifer stands.

The intent of the Sherlock 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 for both projects are to be accomplished utilizing hand-held or manual equipment.

The First Creek project area consists of 119 acres with a contract length of 1 season.

The Sherlock project area consists of 499 acres with a contract length of 2 seasons.

It is expected that the contractor shall begin work within ten (10) days of award, if awarded with in the operational season (May 1st thru Oct 15th), or an agreed start date based upon workable conditions within the Lake Tahoe Basin.

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

C.2 Project Location & Description Location:

Both projects are located within the Lake Tahoe Basin Management Unit in the North Shore area of Lake Tahoe.

The First Creek project area is north of HWY 28 and west of HWY 431. All four of the units are in between the California and Nevada State Line in Crystal Bay Nevada and Incline village subdivisions. Gain access to unit 38 and 40 from Sugar Pine Dr. at the NV energy power substation. Units 22 and 26 can be accessed from the end of Beaver St in Kings Beach to Forest road 16N86 to 16N57. See the vicinity map and project area maps.

The Sherlock project area is west of Hwy 267, north of Hwy 28 and mostly south of Forest Service road 73 (Fiberboard Rd), north of the Carnelian Bay/Tahoe Vista area, in California. Forest Service roads in the area are 16N50, 16N74, 16N63, 16N93, 16N95, and 16N49. See the vicinity map and project area maps.

This solicitation does not describe work locations in detail. The technical contact listed may be called to verify information and to arrange a time to view work sites. All work units are accessible with no controls on access at this time. Photocopies of stand cards will be made available for viewing only. Verbal information 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 First Creek project area is comprised of 4 units (22, 26, 38 and 40) with 2 separate bid items for each unit.

Conifer thinning – 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).

Fuel Slash and Piling – Work consists 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).

The Sherlock project area is comprised of 9 units (10, 13, 17, 18, 25, 1024, 1025, 29 and 2031) with 2 separate bid items for each unit.

Conifer thinning – 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).

Fuel Slash and Piling – Work consists 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).

Exterior boundaries of all units are marked on the ground with blue/pink flagging, and painted with orange dots; one dot facing into the treatment unit and one dot 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.

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

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 contract by mutual agreement, payment will not be made for non-worked areas that are greater than one (1) acre in size.

C.3 Estimated Start Date & Contract Time First Creek Start: June 15, 2017 Time: 88 days (to be complete no later than Nov 17, 2017)

Sherlock Start: June 15, 2017 Time: 212 days (to be complete no later than July 17, 2018) C.4 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, included in Section J.

1. 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).

1. Wildlife Limited Operating Period (LOP):

First Creek Unit 26 (March 1 through August 15) Sherlock Unit 2031 (March 1 – August 15) Sherlock Units 13, 25 and 1025 (February 15 – September 15) Comment by Hill, Sarah -FS: What do the LOPs mean? No work at all, limited activities? Are dates given when they CAN work, or when they CANNOT?

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

1. Chainsaw Operations (thinning) are limited to the hours of 8 am to 6 pm each day, unless otherwise agreed to by the COR,

1. No work on Federal Holidays.

1. Location of areas needing special measures for protection of plants or animals are shown on individual unit maps and identified on the ground within the First Creek project with blue and green flagging where possible, and within the Sherlock project with blue and white stripped flagging or blue and orange 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.5 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here. 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 contract 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.6 Technical Requirements C.6-1 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 and selection of leave trees.

C.6-1.1 Selection of Cut Trees 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.6-1.2 Selection of Leave Trees 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.

1. Leave all hardwood trees, unless tree is a snag.

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

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

1. Do not cut Western Juniper.

1. Species selections preference for leave trees shall be:

First Creek

0. Sugar pine

0. Western White pine

0. Jeffrey / Ponderosa pine

0. Incense Cedar

0. Red fir

0. White fir

0. Lodgepole pine Sherlock

5. Sugar Pine

5. Jeffrey/Ponderosa pine

5. Incense Cedar

5. Red fir

5. White fir

5. Lodgepole pine

1. 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.

1. Leave the bigger of two trees that are healthy (see criteria above), and of the same species.

1. 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

C6-1.3 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. Stumps within 15’ of the Tahoe Rim Trail (19E00) must be cut flush to within 2” of the ground, or as agreed to by the COR.

C6-1.4 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. If the Contractor feels falling difficult trees is unsafe, notify the COR.

C.6-2 Fuel – Slash Treatment and Piling Specifications Piling - Fuels Treatment: 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 as cutting contractor-generated fuels and existing ground fuels to a specific length. Piling in this contract is defined as piling of material.

C.6-2.1 Bucking Felled trees, snags, and existing down logs and limbs shall be cut into 5’ lengths for piling. See Table 2 – “Summary of Fuel - Slash Treatment Specifications” for bucking specifications. Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (little to no bark left intact) shall not be bucked. All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree. For dead conifers between 15” and 20” DBH at time of felling, do not buck or limb any part of the tree.

C.6-2.2 Piling 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 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 (1-1.5) the diameter of the pile from residual trees, or as agreed to by the COR. 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.

For Unit 22, 26, 38 and 40, to the extent feasible based upon ground conditions, place piles for maximizing the distance between piles to a range of 20 to 10 feet between piles, or as agreed to by COR.

Table 2 – Summary of Fuel - Slash Treatment Specifications

19E00 trail

Ephemeral channels

Perennial channel

Ephemeral channels

C.6-2.3 Pile Exclusions Piles shall not be located within pile exclusion areas. This includes areas within 50’ of structures/cabins, specified distances from 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. The exclusions are:

Pile Exclusion Areas; Stream Channels and Sensitive Areas: In all thinning units, all perennial and intermittent stream channels have a pile exclusion area of 50 feet in width and ephemeral stream channels have a pile exclusion area of 10 feet in width, from the edge of the channel. Exclusions are marked on the ground with red and black striped flagging. The general location of most perennial and intermittent stream channels are shown on Project Maps; however, some channels may not be shown. Actual ground locations take precedence over map locations.

Pile Exclusions Areas; Trail Exclusion Widths: In areas with specified trails (Tahoe Rim Trail 19E00), there will be no piling within 20 feet of the trail or as agreed to by the COR. For other system 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.

In the First Creek project area, Unit 38, no piling is allowed within two sites. In unit 40, no piling within 20 feet of centerline of linear feature in the south end of the Unit.

In the Sherlock project area, no piling is allowed on or within the sites marked in units 13, 25, and 1025.

Pile Exclusion Areas; Wildlife trees: Wildlife trees will be protected from damage with a no pile exclusion of 25 feet.

In the First Creek project area, unit 22 and 26 protected wildlife trees are marked with a wildlife tag and/or white and blue striped flagging.

In the Sherlock project area, protected wildlife trees are marked with a wildlife tag and/or white and blue striped flagging in units 25 and 1025.

C.6-3 Contractor-Furnished Equipment 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.6-4 Government-Furnished Equipment None

E. INSPECTIONS 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 address: www.acquisition.gov/far/

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996) E.1 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 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 five 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 five 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 Specific Inspection Procedures Work will be accepted for payment on the basis of a final inspection and passage of specification. 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.2-1 Sampling 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.

At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Comment by Hill, Sarah -FS: These are both from First Creek, but appear to conflict in the percent sample to be taken.

E.2-2 Method On each plot the Contracting Officer Representative will record the plot number, whether the plot is satisfactory or un-satisfactory, and the reason if un-satisfactory. Each plot will be examined to record findings on the items in "1" through "5" listed below. To be considered satisfactory these items must meet the following criteria:

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

E.2-2.1 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.2-2.2 Each plot will be examined to see if the desired species and spacing for the unit has been met in relation to Section C specifications – including those in Table 1. 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.2-2.3 No live Aspen or Western Juniper shall be cut (unless designated by COR); if one or more are cut within a plot, the plot will fail.

E.2-2.4 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 Specifications. If 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.2-2.5 All contractor-generated slash and existing downed material has been bucked and piled according to specification. Un-piled contractor-generated slash will fail the plot. Piles shall not exceed limits set forth in specifications. No piled thinning slash will be allowed within SEZ's (see Specifications); any thinning slash that is piled within an SEZ will fail the plot.

E.2-3 Inspection Calculations E.2-3.1 Method E.2-2.1 will be calculated over the entire sub-item. An 85% or greater must be achieved utilizing the formula to be considered acceptable.

E.2-3.2 Methods E.2-2.2 through E.2-2.5 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.2-3.3 The final calculation to determine the overall acceptance will be computed by taking the average of the percentage in E.2-3.1 and the percentage in E.2-3.2.

E.2-4 Determination of Acceptability Work on this contract will be deemed acceptable when the Government’s inspections show acceptable performance and sample plot data indicate a work quality of 85% or higher.

If overall percentage is greater than or equal to 80%, payment will be made according to specification Section G (Payments) with no rework.

F. DELIVERIES OR PERFORMANCE

F.1 Work Timing The Contractor shall begin work within ___10_____ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

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

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub-items.

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

F.2 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.

G. CONTRACT ADMINISTRATION DATA

G.1 Pre-work Pre-work conference Before work begins on service contracts, a pre-work conference is normally held to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

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

G.2 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. 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 hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G.3 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. 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 Contract Release FS-6300-0016 must be uploaded with request/invoice for final payment in IPP, before final payment will be approved/completed.

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).

G.3-1 Internet Payment Platform (IPP) All payment requests must be submitted electronically through the US Department of the Treasury’s Internet Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

1. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due.

1. Total amount due for the billing period.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. Description of the previous month’s project activities and the planned activities for the next month.

1. For each deliverable: identify the items supplied during the month and the cumulative items delivered.

1. Reconcile progress of each deliverable with the schedule identified for each.

1. Identify issues and/or concerns that may affect the project or schedule.

1. Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

H. SPECIAL CONTRACT REQUIREMENTS

H.1 Emergencies Fire Plan. See attached Fire Plan.

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

[ ] (a) Trail Maintenance - 50 meters on either side of the centerline [X] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in [ ] (c) Special for this project:

H.2 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).

H.3 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.

H.4 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.

H.5 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.

H.6 Archaeological and Historic Sites Location of known archaeological, historic, or prehistoric materials – such as Native American sites or artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified on the ground by the Forest Service with blue and black striped flagging before work commences.

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.

H.7 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 cleanup 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.

H.8 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.

H.9 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.

H.10 Public officials not personally liable There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

H.11 Designation of Contracting Officer’s Representative The Contracting Officer designates the Contracting Officer's Representative (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.

H.12 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:

1. The name, address and telephone number of the subcontractor;

2. The date upon which the subcontract was entered into and its duration;

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate;

4. 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.

H.13 Certification of Compliance Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change.