Attachment 1_SOW.pdf

Description/Specifications/Statement of Work

Vicinity Map – Monongahela NF

C. 1. INTRODUCTION.

C.1.1. Background.

The Monongahela National Forest proposes to contract for technical forestry services to plant tree seedlings.

C.1.2. Scope of Contract.

Work shall consist of planting trees. The Contractor shall provide labor, equipment, transportation, supervision, supplies (except those designated as Government furnished), incidentals, and perform all work necessary to conduct tree planting in compliance with the terms, specifications, conditions, and provisions of this solicitation. The work performed and the data collected shall follow the terms, specifications, conditions, and provisions of this solicitation and resultant contract.

C.1.2.1. This contract is a Performance Based, Indefinite Quantity (IDIQ) Contract.

This contract is a five-year Performance Based, Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC). Once the minimum guarantee is met as stated in clause 452.216-73, the government is under no obligation to issue additional task orders.

C.1.3. Location and Description of Work.

This solicitation is for tree planting on the Monongahela National Forest. Compartment maps with stand boundary delineations will be provided with task order issuance.

Tree planting treatments will depend on factors such as, but not limited to species of trees planted, bare root

vs. containerized, planting densities, location, accessibility, and surrounding vegetation.

Treatment boundaries should not be expected to be marked

• In some cases, Forest Service personnel will or have marked treatments boundaries by hanging flagging on trees or by orange paint dots on surrounding trees at breast height and one spot of paint near ground level.

• In other cases, treatment boundaries will be virtually identified. Contractors are responsible for locating these areas identified on the map and making sure their work is within these areas.

Site specific maps capable of being geo-referenced in mapping application programs such as Avenza Maps may be utilized to mitigate these areas and will be made available to the contractor.

Property ownership boundaries should not be expected to be established across the activities associated with this contract.

Before beginning treatment in an area, the COR or designated inspector and the Contractor’s representative will walk through the area and review special conditions or areas to avoid or mitigate during treatment implementation.

C. 2. DEFINITIONS

The following are definitions that refer to data elements and attributes of tree planting.

Acceptable Quality Level (AQL): A suitable level of conformance based on an established percentage of defects.

Calendar Days - Every day shown on the calendar, weekends and holidays included.

Contracting officer (CO): A Forest Service employee with the authority to enter, administer, and terminate contracts, as well as issue determinations regarding such matters as claims.

Contracting Officer’s Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Quality Assurance. - The actions taken by the Government to assess the results to determine that they meet contract requirements.

Quality Control. - Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements.

Measurement: Acreages listed on each task order will have been determined by GIS or global positioning system (GPS). For purposes of this contract, quantities listed on each task order are considered actual acreage and not an estimate.

Microsites - Small areas atypical of the stand, such as wind-throw pockets, micro-drainage ways, seeps, well-rotted logs, dense pockets of rhododendron, mountain laurel, vines, or excessively rocky areas.

Payment: payment for performed work will be based on actual work completed by the Contractor and accepted by the Government. Invoices are submitted through the Invoice Processing Platform at www.ipp.gov/

Performance-Based Service Contract (PBSC): A contract which incorporates a results-oriented statement of work, describing the overall work to be accomplished (outcome/result), rather than explicitly describing how the tasks should be performed, to accomplish the work.

Re-measurement: The Contractor may at any time after issuance of a task order request re-measurement of an area. The request must be in writing. Payment will be based on the remeasurement of the acreage, except no adjustment shall be made for areas less than one (1) acre. The contractor will pay for the cost of-remeasurement if the re-measurement results in an increase of less than 15 percent. Method of re-measurement to be used will be determined by the Government.

Shape file (.shp). Shape file is a format developed by ESRI and used in ArcMap and other GIS packages. The file extension is .shp.

http://www.ipp.gov/

Stand - A community of trees or other vegetation, possessing sufficient uniformity regarding composition, age, spatial arrangement, or condition, to be distinguishable from adjacent communities, forming a silviculture or management entity.

C. 3. GOVERNMENT FURNISHED PROPERTY AND SERVICES.

The Government will provide the Contractor the following listed materials, supplies, property, or services, for use in the performance of this contract, hereinafter referred to as Government-Furnished Property. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause, 52.245-1.

Item Description Where, When, How Seedlings All trees/seedlings will be furnished by the Forest Service in sealed bags or boxes.

Seedlings must be picked up daily between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding legal federal holidays. Not more than one day's supply of seedlings shall be picked up on any one workday unless Contractor has a suitable storage facility approved by the COR.

Seedlings will be considered to be delivered to the Contractor upon his loading of the seedlings on his vehicle for transporting to the planting areas.

Project Area Map. Map depicting all compartment locations for the project area. Provided with task order

Compartment Maps.

Individual maps with stand boundary delineations.

Provided with task order.

National Forest Map.

Provides road closure information and locations.

2 copies

Provided with task order.

Access behind locked gates

Some stands are behind Forest Road closures (locked gated).

The Government will provide access as appropriate. Refer to C-4.1.4.

During period stand is being planted.

All Government-Furnished items shall be returned to the Government upon completion of the contract. Failure to do so may result in charges for damages or replacement.

C.3.1 Government Furnished Property

Contractor shall furnish all labor, transportation, materials (except for Government-Furnished Property), equipment, tools, supervision, supplies, and perform all work necessary to plant tree seedlings in accordance with specifications, provisions, and clauses of this solicitation and resultant contract. This work is necessary to supplement natural regeneration in forest stands. No materials, labor, or equipment will be furnished by the government unless specifically identified.

The Government will provide the following items of Government property to the Contractor for use on the performance of this contract. This property will be used and maintained by the Contractor in accordance with the provisions the “Government property” FAR clause contained elsewhere in the contract.

Item 1: Maps: Project area maps for each area and Vicinity maps that show the general location of the areas on each unit will be provided. Maps will be geo-referenced based PDF maps capable of being navigable with Android or Apple platform application programs such as Avenza Maps. Printed maps will be available upon request.

Item 2: Tree seedlings will be furnished by the Forest Service to Contractors in sealed bags or boxes. The Contractor may be required to load and transport seedlings form storage sites located at the districts to the planting areas. Contractors are responsible for sorting, separating, and untangling seedlings for planting.

For FAR 52.245-1, Government Furnished Property, seedlings will be considered delivered to the Contractor upon Contractor’s loading to his/her vehicle for transportation to planting sites. Seedlings will be picked up daily between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding legal federal holidays. Not more than a one-day-supply of seedlings will be picked up on any one day, unless Contractor has a suitable storage facility approved by the COR. Any change in the above times for pick-up must be approved by the COR.

Seedlings will be considered to be delivered to the Contractor upon his loading of the seedlings on his vehicle for transporting to the planting areas.

Item 3: Flagging will be furnished by the Forest Service to the Contractor at the time of tree distribution. The Contractor will be responsible for flagging planted trees at a rate acceptable to the COR, on sites where required.

Item 4: If USFS roads behind locked gates are determined accessible by vehicle, the Government will provide for access.

C.3.2 Resource Protection Standards

1. Improvements such as fences, gates, property boundaries, corner monuments and trees that are marked or identified with paint, signs, tags, and/or blazes will be protected by the Contractor.

2. Damages: The Contractor will notify the COR immediately of any damaged structures and repair damages that have resulted from the Contractor’s operations.

3. Timing Mitigations: Timing of operations will be constrained as needed to avoid conflicts with recreation, Threatened and Endangered species, unfavorable weather-related conditions, or other time-sensitive factors. Treatment restrictions and their associated locations will be identified within individual project level task orders.

4. Reserve Areas: Contractor will not plant trees in areas reserved to meet other resource objectives such as wildlife habitat, visual quality, stream bank stability, etc. Identification of these areas will be as agreed to with the COR at the time each task order is made. Treatment restrictions and their associated locations will be identified within individual project level task orders. Site-specific maps capable of being geo-referenced in mapping application programs, such as Avenza Maps, will be made available to the Contractor and may be the most efficient method for locating and distinguishing project treatment and buffer areas that may not be flagged on the ground.

5. Trash: Upon completion of work at each area and prior to moving to the next area, all trash, rubbish, and debris generated by the Contractor’s operations shall be removed from National Forest land and properly disposed of.

C. 4. CONTRACTOR WORK REQUIREMENTS AND STANDARDS.

C.4.1. General.

C.4.1.1. Performance period.

Multiple task order awards will not change the required performance period for each item. If multiple items are awarded to one Offeror, the respective performance times will run concurrently, not consecutively. Work may be performed on each item in succession, provided the required rate of progress is maintained. The Government shall issue a Notice to Proceed as soon as the weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

C.4.1.2. Responsibilities

Crew Organization - The Contractor shall provide a competent foreman or superintendent, designated as a contract representative for each crew. The foreman or superintendent shall be with the crews at all times while they are working. Each crew will perform work as an individual working unit and during normal daily work operations; crews shall not be divided into smaller working units, unless prior consent is received from the COR or Inspector. This consent will be most applicable to finishing small areas where a larger crew size would be impractical; in other circumstances, crew members will perform together as a working unit. Contractor shall furnish a 7-day notice prior to a change of crew number or size (+ or - five tree planters) in order for the Forest Service to provide sufficient seedlings.

C.4.1.3. Rate of progress.

The Contractor will maintain the rate of progress specified in the work plan portion of their Quality Control Plan. The minimum acceptable rate of progress will occur when the percent of work completed falls within 20% of the time used.

C.4.1.4. Access.

The project area will be accessed by State, County, or Forest roads. The Forest Service assumes no obligation to plow snow or do special maintenance to keep roads open. Stands are accessible by some combination of 2 or 4-wheel drive vehicle and foot travel. The Monongahela National Forest does not have any trails or areas designated for Off Highway Vehicle use. Motor Vehicle Use Maps can be found on the Monongahela National Forest web site.

The Contractor will be responsible for obtaining all necessary permission, through privately owned land, to gain access to stand locations. If the Contractor cannot obtain permission to access a treatment location, the Contractor must notify the Government in writing.

Vehicle access may be difficult or restricted. Stand locations may necessitate that the Contractor walk to the stand or acquire some other means of travel.

C.4.1.5. Locked gates.

In cases where stands are behind Forest Service locked gates, authorization for limited motorized use may be granted. All requests for motorized travel of closed roads must be submitted in writing to the COR for specific roads and specific periods of time. The Contractor will be responsible to ensure that gates remain closed and always locked and will be subject to all other restrictions of administrative use. The Contractor will be permitted to drive from the locked gate to the stand with only the minimum number of vehicles necessary for efficient transport of the crew. No access to contractors or employees will be allowed behind locked gates after periods of work. Motorized access will not be permitted behind locked gates during the first week of deer gun hunting season (usually the week of Thanksgiving Day). The Contractor will adjust work schedule to take the closure time into consideration. No Suspend Work Orders will be issued; contract time will run during this period. Any misuse of this authorization may result in revocation of the permission.

C.5. METHODS AND SPECIFICATIONS

C.5.1 Tree Planting (Manual)

A reforestation method in which trees are artificially planted on a site. For purposes of this contract, all trees are to be manually planted using hand tools.

C.5.1.1 Timing of Operations

The Forest Service shall specify when treatment of areas may begin and the last date that these areas may be treated.

Planting operations may be implemented when adequate soil moisture is available, and the ground is sufficiently free of snow and unfrozen.

C.5.1.2 Seedlings

Bare-root and containerized seedlings will likely be furnished in waxed bags or boxes. The Contractor will be responsible for loading and transporting seedlings from the storage site to the planting site. Trees will be https://www.fs.usda.gov/activity/mnf/recreation/ohv https://www.fs.usda.gov/main/mnf/maps-pubs https://www.fs.usda.gov/main/mnf/maps-pubs considered delivered to the Contractor when the Contractor loads trees on his/her vehicle(s) for transporting to the planting site(s).

Seedlings may only be picked up during the specified hours and days specified in the project level task order, except by prior arrangement with the COR. Not more than a one-day supply of seedlings will be picked upon on any one day, with exceptions being coordinated and approved by the COR.

The Forest Service will coordinate with the Contractor to have sufficient fresh seedlings on hand to meet the agreed upon starting date, estimated crew size, and expected rate of progress. Seedlings are perishable and have limited viability during storage. Once lifted at the nursery, packed, and placed in refrigerated storage, survival of seedlings begins to decline.

The Contractor will be responsible for the cost of expired seedlings when seedlings have been ordered and stored based on the Contractor’s schedule but have not been planted before their scheduled planting date due to circumstances within the Contractor’s control.

The Contractor will plant all trees picked up from storage the same day as pickup, except for situations, ie.

Fridays, when an extra day of seedlings is additionally picked up with COR approval. Conditions for planting may change. When the COR determines that the conditions are unsuitable for planting, the Contractor will return all unplanted trees to storage with no penalty for delay in planting the delivered trees.

If the conditions are outside the range of preferred weather conditions, then the Contractor will take additional precautionary measures as directed by the COR in the protection, care, and handling of seedlings during transport and while on the planting site. Preferred weather conditions are:

Air Temperature: 33-75 degrees F Relative humidity: 30-50 percent Wind speed: no more than 15 miles per hour

C.5.1.3 Spacing

Tree spacing may change with the species being planted and the objective being met on each planting site.

Task orders, with provided maps showing the location of planting sites, shall specify the spacing for that site.

C.5.1.4 Planting Standards for care and handling of bare-root and containerized seedlings

• Keep seedlings in the shade and under cover. The Contractor or Forest Service will provide, at a minimum, a heat reflective tarpaulin to cover the tree seedlings during transport and field storage. Do not store trees within an enclosed vehicle where passive solar heating can occur.

• Protection from Sun, Wind, and Adverse Temperature - Seedlings must be handled, stored, and transported in a manner to protect them from sun and wind and to maintain the air temperature of bags/bundles between 35- and 50-degrees Fahrenheit.

• Do not crush, stand on, or sit on seedling bags.

• Keep seedlings bags sealed prior to planting.

• Only one bag/bundle of seedlings shall be opened at one time, unless specifically authorized by the COR. Partially used bags will be kept closed to prevent exposure of the seedling roots to air.

If any bag is torn, separated, or otherwise opened the contractor shall immediately patch or otherwise reseal it. If seedlings are furnished in bundles, bundles shall be kept intact prior to planting. Partially used bundles shall be kept rolled and tied to prevent exposure of seedling roots to air.

• Quickly remove only enough seedlings to fill planting bags to be carried by the planters.

Seedlings should not be exposed to the elements for more than two minutes. Do not separate, untangle, or count out an advanced quantity of seedlings except as necessary to grade for unplantable seedlings. Handle seedlings as little as possible.

• Do not allow planters to carry an excessive number of seedlings. Planting bags should not be filled to the point where “packing” occurs. Do not carry more than a two-hour supply of seedlings in the planting bag.

• Tightly close the partially used bag(s) as soon as seedlings are removed. The Contractor shall provide a clamp or cord to keep bag closed.

• Immediately repair any torn, snagged, ripped, or punctured bags.

• Always keep seedling roots moist prior to and during planting. Planters will not be allowed to carry any seedlings in their hands between planting locations. Remove a seedling from the planting bag ONLY when a hole for the seedling has been made. Water the roots of seedlings in opened bags or bundles if the roots begin to dry. Seedlings not being planted shall be kept under a tarp in a protected and shaded area.

• Contractor shall provide planting bags. The bags shall be of light color, shall not retain water or heat, shall have a minimum depth of 15 inches, shall be free of defects or contaminates, and shall be constructed to allow easy and unrestricted extraction of tree seedlings, one at a time.

Seedlings shall be carried in seedling bag or other suitable container allowing the seedlings to be kept moist and protected.

• Planting holes will be large enough to properly accommodate a seedling’s entire root system.

Placed inside the hole, seedlings should hang freely, without bends or twists.

• One seedling shall be planted in a debris-free hole.

• Trash such as leaves, litter, duff, etc. will be removed in the area surrounding the planting hole.

• Do not plant seedlings in frozen ground, during freezing weather, or other unsatisfactory conditions as determined by the COR.

• Soil moisture must be present to a depth of at least six inches.

• Do not plant in standing water.

• Seedlings shall not be planted within twelve inches of large mounds of dirt, or stump holes large enough to hamper root growth of seedling.

• Pruning of Tree Seedlings - Tree seedling roots shall not be cut or pruned by the contractor. If in the contractor's judgment any seedlings are not plantable because of long roots or damage, they will be returned to the COR. The COR will then determine whether the seedlings are plantable or need to be pruned. Seedlings to be returned to the COR shall be kept moist and in good condition.

• Protection from Contamination - Seedlings shall be protected from contamination by materials such as gasoline, diesel fuel, oils or chemicals which may damage the seedlings. Do not crush, stand, or sit on seedlings. Do not abuse seedlings by hitting the root or striking the roots across an object to remove excess soil.

C.5.1.5 Planting Instructions

Tree seedlings shall be planted in accordance with the following instructions:

• One (1) bag shall be opened at a time. Another bag shall not be opened until the previously opened bag is empty. Each planter will carry no more seedlings in the planting bag than that which can be planted in a 2-hour time period. Planting bags shall be free of tears and holes.

• Only one seedling at a time shall be removed from the planting bag. This should be done after the planting hole has been made in the ground.

• Plant each tree seedling in a vertical position in a trash-free hole. Each spot must be scalped to mineral soil in order to be considered properly planted.

• Plant each tree seedling to a depth where groundline is at approximate root collar level.

• Seedlings shall be planted at specified spacing provided that for individual seedlings the average spacing may be varied as much 50% in any direction to obtain a plantable spot. Spacing control shall be resumed using the original spacing guides and the number of seedlings planted per acre shall not be materially increased or decreased by the method of selecting planting spots. No seedlings shall be planted closer than 50% of the spacing requirements to another seedling.

Seedling may be planted in the skid roads.

• Plant tree seedlings in a manner to prevent "U" roots, "J" roots, "L" roots, and twisted or balled roots.

• Pack soil firmly around each planted seedling. Close planting hole first at the bottom and finish by closing at the top. Soil must be firmly packed around each seedling.

• Do not plant seedlings in frozen ground or during freezing weather unless approved by the COR.

Do not plant seedling in average snow depth greater than 2 inches as determined by the COR.

• All planting areas in and adjacent to windrows, tops, and rocks shall be planted. Do not plant within 5 feet of clearing limits of any designated system roads, trails, fences, powerlines, or pipeline rights-of-way or within 15 feet of existing tree line.

• To avoid possible root damage, do not use planting tool to maneuver roots of seedlings into holes.

• Seedlings furnished will contain an unknown number of unplantable seedlings. The plantable/unplantable ratio will vary in each bag/bundle and will not be known exactly until the individual bag has been used. Unplantable seedlings are not to be planted. Any unplantable seedling planted will be counted as improperly planted. Unplantable seedlings will be discarded during the planting operation. Discarded seedlings shall be dropped on the ground beside a planted seedling. Unplantable seedlings are described as follows:

o Stem length less than 4 inches.

o Stem diameter 1/8 inch or less (weak and succulent).

C.5.1.6 Disposal of Seedling Boxes/Bags and Other Debris

Forest Service will collect empty tree bags and/or boxes. Contractor will be responsible for contractor generated debris and litter from National Forest lands.

C.6 TASK ORDER ISSUANCE

Each task order will be awarded based on best value, to include price, past performance, experience of key personnel and a technical submission. The Contractor must demonstrate the ability to complete all tasks for completion of the work required by this contract. The technical submission will include a draft Work Plan and Schedule. The draft Work Plan and Schedule should include:

• Start date

• Production rate

• Estimated completion date

• Labor (number of workers intending to utilize)

• Treatment method(s)

• Equipment list

• Safety Plan

If issued the task order, the Contractor will then submit a final site-specific Work Plan and Schedule for approval by the COR. To meet approval requisites, the Work Plan and Schedule will indicate how the Contractor intends to meet the required tasks in the contract specifications. The Work Schedule will provide dates of work for each Contract Line-Item Number addressed in the contract, to include completion of all work before the required final date specified. The Contractor will inform the COR of completion of each contract line item. The Work Plan for the awarded contract will include any changes in estimates of production rates, number of laborers, or proposed planting methods differing from the initial Work Plan, and the Contractor will inform the COR of any relevant changes to the technical specifications when performing work under the task order.

C.7 PERIOD OF PERFORMANCE

The performance period will be determined at the time of task order issuance. The Contractor is encouraged to start work promptly after receipt of a Notice to Proceed. The Contractor will maintain progress at a rate that will assure completion within the stated contract time. The Government will issue A Notice to Proceed as soon as weather, vegetation, and ground conditions are favorable for work on one or more of the areas.

Contract time will start (1) on the date specified on the Notice to Proceed if the notice is hand-delivered; Or

(2) Contract Time will start on the third day after the post office has issued a Notice of Certified Mail to the Contractor. Failure of the Contractor to pick-up Certified Mail will not be considered excusable. If the Contractor fails to complete work within the contract time, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage includes but is not limited to wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period. The Forest Service retains all other rights available to it for late performance including termination for default.

C.8 GENERAL COMMUNICATION EXPECTATION WHILE PERFORMING WORK

Inspection Inspection of the work performed under this contract shall be made by the COR or designated Inspector at regular intervals as the work progresses and as necessary to ensure compliance with the contract specifications and provisions.

Timely inspections by the Government will also be expected, with reasonable allowances for such things as, but not limited to federal holidays and weekends when inspections and availability of the COR or inspectors are outside of normal business hours of 8:00 am to 4:30 pm, Monday through Friday. Allowance for variations from these times should be discussed between the COR and Contractor and agreed to prior to the start of the individual task order.

Acceptance

The Contractor may begin in any area. Each area must be completed before starting a new area. Upon completion of each area, the Contractor must notify the COR who shall make an overall inspection of the work before allowing the Contractor to start another area. On all areas involved, if the work is not accepted by the COR, the Contractor shall complete any remedial work required for acceptance.

Suspension of Work

The Contracting Officer may suspend the Contractor's operation, if, in his judgement, damage to the environment would result from continued operation. Any suspension of work shall be made pursuant to the Suspension of Work clause found in this contract.

Communication between parties will be an integral part to the success to both parties of this contract.

Regular communication is expected by the Contractor to apprise the COR of the progress of work and the specific locations in which work needs to be monitored. Timing of planting is critical, and contractor must ensure they meet production requirements as indicated in the approved Work Plan and Schedule.

Individual task orders will specify treatment timeframes.

C. 9 MEASUREMENT AND PAYMENT

C.9.1 Method of Measurement

Acreage listed in the schedule was determined by Global Positioning System equipment and for purposes of this contract is actual acreage and not an estimate.

C.9.2 Basis of Payment

C.9.2.1 Payment will be made at the unit price quoted for a total number of acres satisfactorily planted.

Payment can be made at the request of the Contractor when all the acres in a unit have been completed and accepted by the Forest Service and the amount due approximates at least $1,000. No payment will be made for partial or incomplete areas. Upon inspection by the COR the payment will be processed if contract performance is found acceptable and the Contractor has provided a satisfactory invoice. Partial payments may continue throughout the life of the contract on this same basis.

C.9.2.2 Contractor shall make payment to the Forest Service at the following rates for seedlings, tools, materials, etc. which are lost, misplaced, misused, damaged, or wasted:

Item Replacement Cost Seedlings $0.20 each

A 25% ADMINISTRATIVE FEE WILL BE ADDED TO THESE COSTS FOR PURCHASING

REPLACEMENT ITEMS.

C.9.2.3. Payment will be based upon the sample plots taken by the Government Inspector. For full payment the work must be satisfactory on 90 percent of the sample plots taken. Payment may be reduced if work is less than 90 percent satisfactory after the Contractor has been granted one opportunity to restore the area to greater compliance. Upon final completion, if less than 90 percent of the inspection plots are satisfactory then a deduction would be made from the final or any partial payment. Example: 90% of plots are satisfactory = full payment; 85% of plots are satisfactory = 5% deduction from payment.

SECTION F - DELIVERIES AND PERFORMANCE

F.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1. Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the work according to the following schedule:

Percent of Time Used Percent of Work Acceptably Done 15% 10% (Recommended) 25% 25% (Recommended) 50% 50% (Recommended) 75% 75% (Recommended) 100% 100% (Required) and (d) acceptably plant all contract acres within 30 calendar days after receiving the Notice to Proceed

2. Failure to adhere to the schedule as outlined in (c) above, may be cause for termination by default in accordance with Clause 52.249-10 Default (See Section I - Contract Clauses).

F.O2 SUSPENSION OF WORK

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act (but this requirement shall not apply as to a claim resulting from suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination, delay, or interruption, but not later than the date of final payment under the contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.01 STREAM, LAKE, AND RESERVOIR POLLUTION PROTECTION

The Contractor shall take every precaution necessary to prevent pollution from fuel, oils, chemicals, silt or other harmful materials of any stream, lake or reservoir located in or near the contract areas.

H.02 RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall protect all powerline right of ways, trails, ditches, fences, and other improvements in the operating area. Any road or trail used by the Contractor that is damaged by his operations shall be promptly restored by him to its original condition.

H.03 EROSION CONTROL

(a) The Contractor's operation will be conducted to minimize soil erosion. Contractor shall maintain drainage dips and waterbars where needed on skid trails and roads where designated by the Forest Service.

(b) Contractor shall be responsible for water barring and revegetating all damaged areas resulting from his operations at the following rates:

Fertilizer - 10-10-10 at the rate of 0.3 tons per acre.

Seed - Orchard grass at the rate of 10 lbs./acre.

Annual Rye at the rate of 5 lbs. per acre.

Crushed Limestone - at the rate of 0.75 tons per acre.

H.04 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened, or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities when Camping - Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the work force at the site. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.

H.07 ARCHEOLOGICAL AND HISTORICAL SITES

If remains of prehistoric people's dwelling sites or artifacts of historical or archeological significance are encountered in the work, the Contractor shall discontinue work and notify the Contracting Officer immediately.

H.08 CREW SIZE AND SUPERVISION

See Section I - Clause 52.236-6. The term "competent" as used in this paragraph is construed to include the ability to effectively communicate in English with the COR and the Inspector. In addition, a foreman, supervisor or superintendent must be provided for each crew (10 people or less).