B08_Attachment_1_Performance_Work_Statement.docx

Performance Work Statement (PWS)

PROJECT TITLE: Muck Valley Forest Health Improvement Project

Contents

PWS 1.0 Background on the Government’s Requirement

The Muck Valley Forest Health Improvement Project (herein referred to as the Muck Valley project) would implement forest health and hazardous fuels reduction treatments aimed at improving forest resistance (influence of structure and composition on disturbance) and resilience (influence of disturbance on structure and composition) on approximately 517 acres of public land administered by the Applegate Field Office (AGFO) in Lassen County, California. Of which, 87 acres will be withdrawn from the treatment area because portions have already been treated in the past 20 years and do not require additional treatments or are open areas and devoid of trees. The goal of this project is to improve forest resistance (influence of structure and composition on disturbance) and resilience (influence of disturbance on structure and composition) within the Muck Valley project. The project area is located within the Muck Valley Forest Health Improvement Project (EA; DOI-BLM-CA-N020-2023-0014-EA).

PWS 2.0 General Scope of Work Services include thinning plantation stands that are over stocked, as well as remove encroaching western juniper through mastication. In some instances, the Contractor will have to utilize hand treatment methods such as lop-and-scatter or cut-and-pile to meet the objectives of this contract due to adverse site conditions.

Place of Performance:

The services under this contract will be performed in Lassen County, California. The Muck Valley project area is located southwest of Nubieber, CA and consists of approximately 430 acres forest health treatments on public lands administered by the BLM Applegate Field Office (Exhibit 4 - Maps). The project area is located within Sections (or parts of Sections) of the following Township (T) and Range (R) identifiers:

Muck Valley:

Township 31N, Range 7E, Section 31

Driving Directions to Project Area

Traveling from Alturas, CA to Muck Valley Project Area From Alturas, California drive west on Highway 299 for approximately 56 miles past Nubieber, California. Turn left onto the G-line road which is located just east of the Big Valley Summit sign and continue along this road for approximately 7.5 miles. The project area is located on the right side of the road.

Traveling from Burney, CA to Muck Valley Project Area From Burney, California drive east on Highway 299 for approximately 35 miles past McArthur, California. Turn right onto the G-line road which is located just east of the Big Valley Summit sign and continue along this road for approximately 7.5 miles. The project area is located on the right side of the road.

Accessibility:

The project area maybe accessible by standard two-wheel drive pickup trucks; however, during the spring and fall due to potential for poor road conditions, the Contractor may need a 4X4 vehicle to access work areas. The roads used to access the project area are well maintained; however, the roads within the project area itself are not maintained by the BLM. Access to the area is limited to existing roads, or as directed by the Contracting Officer’s Representative (COR). Ruts and damage caused by the Contractor will be repaired by the Contractor at his expense. The Government assumes no obligation to plow or to do special maintenance to keep the roads open. In addition, the Contractor will need to contact Chad Arsenan of Sierra Pacific Industries (SPI) at 530-410-2047, as well as Ashley Thomas of Brooksfield at 304-574-8590 or at ashley.thomas@brookfieldrenewable.com for access to the project site. A copy of the road use agreement will need to be submitted to the COR. Use caution when traveling on the roads to and from the project area.

Period of Performance:

The period of performance not to exceed September 30, 2026. The Period of Performance reads as follows:

Period of Performance: September 18 (or contract award date), 2023 to September 30, 2026

Units 1-4 will be funded at the time of award and Unit 5-6 are optional based on the availability of funding. Unit 5-6 may be exercised at anytime during the period of performance.

Unit Designation:

Unit boundaries will be marked with tags as well as red paint to indicate property boundaries. In addition, where trees are not present, red flagging will be used to indicate property boundaries. Georeferenced PDF maps will be provided after award that include unit boundaries and important features (archeological sites, exclusion areas, etc.).

PWS 3.0 Overall Objective(s) The objective of this work is to provide services to improve forest health and hazardous fuels reduction treatments aimed at improving forest resistance and resilience on approximately 517 acres in Lassen County, California on public lands managed by the Applegate Field Office. Of which, 87 acres will require no treatment and is not counted as part of the contract.

PWS 4.0 Specific Tasks The Contractor will provide the following forest improvement services:

The contractor shall cut, chop, and masticate utilizing mechanical equipment. Material shall be chipped with a chip bed not to exceed four (4) inches in depth. Crop trees shall be left standing and free of damaged. The stem of undesirable material shall be no higher than three (3) inches above the general terrain encompassed by the cutterhead, unless prohibited by obstacles. Where rocks and other obstacles are present, vegetation shall be cut and chopped to a height of four (4) inches above such rocks or other obstacles. The Contractor shall cut undesirable material around rocks and other obstacles by hand treatment methods when conditions prevent the use of mechanical equipment. In these instances, cut-and-pile will be the preferred treatment method. Piles constructed by the contract shall conform to the guidelines specified in Exhibit 2: Piling Specifications.

The Contractor may remove “leave” conifers or oaks under four (4) inches DBH. When it is necessary to maneuver in and around to cut and chop vegetation if a maximum of fourteen (14) feet remains between residual conifers.

Criteria for Selection of Leave Trees The best available leave trees, both conifers and hardwoods, shall be selected as leave trees and treated in accordance with spacing requirements. The average spacing may vary plus or minus 30% of the spacing stated to select the best leave trees without numerically changing the average number of leave trees. Trees in most of the plantation will be thinned on a 12-15 foot spacing (approximately 250 trees per acre). The number of trees per acre shall not be significantly increased or decreased. The Contractor shall monitor the number of leave trees using a sample plot method of their choice. This requirement is specific to Unit 3. Random sampling by 1/5-acre circular plots will be used for inspection purposes.

The largest, healthiest, and best formed trees shall be selected as leave trees. Characteristics used in the selection of leave trees include the following:

· Has no apparent damage to the main bole

· Is not chlorotic (has good color)

· Demonstrates good vigor and is disease free.

· Has at least 35-40% live crown

· Crown class is dominant or codominant.

· Vigorous annual terminal growth

Unit Treatment Designation

Units 1 and 2:

Leave all pine greater than ten (10) inches DBH unless marked for cutting by the government, as well as all oak greater than eight (8) inches DBH. Masticate all juniper under twenty-two (22) inches DBH. Juniper trees that exhibit old growth characteristics as described in Exhibit 3: Old Growth Identification. If old growth juniper is found to be cut by mistake or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. The Contractor shall pay a rate of $250.00 per tree for inadvertent cutting or willfully damaging of old growth juniper.

Thin pine, incense cedar, and oak that do not meet the above criteria to an average spacing of 12-15 feet, leaving the best trees. The Contractor shall leave all dead trees standing that area at least ten (10) inches in DBH and at least ten (10) feet tall. Stump heights shall not exceed three (3) inches and no more than twelve (12) inches in rocky areas.

Unit 3:

Within the pine plantation, thin pines to an average spacing of between 12-15 feet. Trees selected for retention will follow the Criteria for Selection of Leave Trees. In addition, all oak greater than eight (8) inches DBH shall be retained as long the retained oaks that do not interfere with the growth of pines. Oaks that are growing within ten (10) feet of pines will be considered interfering. Furthermore, masticate all juniper under twenty-two (22) inches DBH. Stump heights shall not exceed three (3) inches and no more than twelve (12) inches in rocky areas.

Unit 4:

Leave all pine greater than ten (10) inches DBH unless marked for cutting by the government, as well as all oak greater than eight (8) inches DBH. Masticate all juniper under twenty-two (22) inches DBH. Juniper trees that exhibit old growth characteristics as described in Exhibit 3: Old Growth Identification. If old growth juniper is found to be cut by mistake or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. The Contractor shall pay a rate of $250.00 per tree for inadvertent cutting or willfully damaging of old growth juniper.

Thin pine, incense cedar, and oak that do not meet the above criteria to an average spacing of 12-15 feet, leaving the best trees. The Contractor shall leave all dead trees standing that area at least ten (10) inches in DBH and at least ten (10) feet tall. Stump heights shall not exceed three (3) inches and no more than twelve (12) inches in rocky areas.

Optional Units 5 and 6:

In areas dominated by brush species, 70% of the vegetation shall be cut, chopped, and masticated in a manner that creates a patch work of irregular shapes and sizes of treated and untreated areas. Stump heights shall not exceed three (3) inches and no more than twelve (12) inches in rocky areas. Leave all pine and incense cedar greater than ten (10) inches DBH unless marked for cutting by the government, as well as all oak greater than eight (8) inches DBH. Masticate all juniper under twenty-two (22) inches DBH. Juniper trees that exhibit old growth characteristics as described in Exhibit 3: Old Growth Identification. Thin pine, incense cedar, and oak that do not meet the above criteria to an average spacing of 12-15 feet, leaving the best trees. The Contractor shall leave all dead trees standing that area at least ten (10) inches in DBH and at least ten (10) feet tall.

Specifications

Mastication Residual slash or chip bed depth should be less than four (4) inches deep. Mastication will also include treatment of dead and downed woody material present prior to treatment. All woody debris that is not in contact with the ground (e.g., suspended/propped up by limbs) should be masticated up to the woody material diameter that the equipment allows.

Specialized equipment may be able to operate on pitches up to 50% slope. Nonspecialized equipment will generally be limited to slopes less than 35% except when using previously constructed trails or accessing isolated areas requiring short trails over steeper pitches.

Heavy equipment use may be limited to dry weather conditions, generally described as June through October. Operations can still occur outside of these dates if soil and operational conditions are not causing sediment mobilization and erosion control measures may be required outside of dry season if operations are creating bare soil or diverting water such that sediment may be mobilized.

Hand Treatment

Piling

For the cut, lop and pile juniper and other species, the following additional stipulations apply:

· At least 90% of the limbs from all felled trees will be piled.

· Piles shall be a minimum of three (3) feet wide by three (3) feet tall and may be as large as ten (10) feet wide by ten (10) feet tall and constructed such that no piece extends more than two (2) feet from the concentration of the pile (see Exhibit 2: Piling Specifications)

Lop-scatter.

For the cut, lop and scatter juniper and other species, the following additional stipulations apply:

· All trees felled will be lopped to within three (3) feet of the ground.

Stipulations No trees shall be felled across access routes or across fences. Any damage to fences resulting from this project shall be fixed by the Contractor, at the Contractor’s expense, on the same day that the damage occurred.

All slash shall be moved at least ten (10) feet back from the edge of roads and property boundaries between government and private land daily, before the crew leaves the project area. Slash shall not be left along any roadway.

The project area roads shall not be degraded or rutted by the Contractor’s activities. All project area roads shall be kept free of slash.

Mapping The Contractor will be paid for mastication and manual treatment work. The areas treated will be mapped to determine the acreage and the Contractor will then invoice accordingly based on the agreed upon price for each treatment type within each unit.

Biomass Offering In accordance with guidance from the WO and CASO regarding biomass offering on mechanical treatments, the AGFO is offering biomass as part of this contract. The Contractor is not contractually obligated to remove the biomass from the project area nor pay for the biomass at the appraised price (please see the attached prospectus for more details).

Option Units Optional units may be added to the contract as funding becomes available. The contractor will be notified at least sixty (60) to ninety (90) days in advance if additional units will be awarded.

PWS 5.0 Delivery / Performance Schedule The Contractor shall accomplish all forest health improvement and hazardous fuels reductio work on approximately 430 acres. The work is to be performed over a period time beginning on September 15th, 2023, and concluding on September 30th, 2026. The work to be performed under this contract is in Lassen County, California on public lands managed by the Applegate Field Office. The contractor will need to speak with Sierra Pacific Industries (SPI), as well as Brooksfield to secure access to and from the project site. Access to the project areas is across roads managed by SPI and Brooksfield. The contractor will adhere to the seasonal timing restrictions for wildlife.

PWS 6.0 Government-Furnished Property, Materials, Services General:

The Contractor shall furnish all personnel, materials, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work tasks defined in this Performance Work Statement, except for those items specified as government furnished.

Materials:

The Contractor shall furnish all materials necessary to meet the requirement of this contract except for those items specified as government-furnished property and services.

Equipment:

The Contractor shall furnish equipment necessary to meet the requirement of this contract except for those items specified as government-furnished property and services.

Services: N/A.

Facilities N/A.

Utilities N/A.

Applicable Publications (Current Editions) N/A.

PWS 7.0 Security and Administrative Matters The Contractor shall be responsible for safeguarding all Government property provided for Contractor use or under their control, including securing all facilities the Contractor may access after normal business hours.

Contractor shall coordinate work schedule with Contracting Officers Representative to minimize public and employee ingress/egress to the building.

Safety:

The Contractor shall not require, or allow any employee, engaged in the performance of this Contract to work under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under safety and health standards promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as amended and other Federal, State and applicable local government safety standards.

Department of Labor Code of Federal Regulations Title 29 and other Federal, State and local government safety standards will apply in its entirety to the Contractor.

Examples of applicable safety standards are OSHA 29 CFR 1910, OSHA 29 CFR 1926, California Title 19, "Public Safety", California Title 8, "General Industry Safety Orders", and 41 CFR, Subpart B, "Public Contracts, General Safety and Health Standards."

The contractor shall also use the “BLM SAFETY AND HEALTH STANDARDS” (The Yellow Book) for reference.

Should the contractor fail to comply with any of these standards and regulations, the contractor shall be found to have defaulted on the terms of the contract.

Emergency Response:

Response to emergency service calls outside of the normal business hours shall not exceed four (4) hours regardless of the time during the day or night, weekends, or holidays.

Response to emergency service during normal business hours shall not exceed two (2) hours.

Response is defined as having all personnel and equipment required to correct an emergency at the site of the emergency or at a pre-approved staging area, ready, willing, and able to perform the emergency work. The Contractor will provide a draft emergency response plan prior to Contract start date.

Emergency Services:

On occasion, services may be required to support an activation or exercise of contingency plans outside the normal business hours described above. The Contractor's responsibilities for emergency support will be in accordance with the contingency plan.

Fire Danger Season:

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

Fire Precautions:

The Contractor shall take every reasonable precaution to prevent a wildland fire from occurring from their actions on this project. The Authorized Officer may, under certain conditions, require fire prevention and control measures in addition to those required by applicable state laws and regulations. Accordingly, the Authorized Officer may, by written notice, require the Contractor to restrict operations during periods of high fire danger.

Each work site shall have one chemical-pressurized fire extinguisher of not less than 2-pound capacity by weight and a round-point tip shovel. The extinguisher, and shovel shall be maintained in good working order.

Fire Watch:

The Contractor will provide fire watch services for one (1) hour after daily shutdowns in areas of operation, whenever any of the following conditions apply:

1. The National Fire Danger Rating is High or greater.

2. Directed in writing by the Authorized Officer.

3. Required by state law.

The fire watch shall be physically capable, alert and have adequate experience to perform the following duties:

1. Move throughout the operation area constantly on the lookout for fires.

2. Have means of communications with the Contracting Officer Representative (COR) or Project Inspector (PI), and 911.

3. Initiate fire suppression actions in the work area to prevent fire spread if it is safe to do so.

4. Notify the appropriate dispatch center or 911 immediately of the location and status of any unplanned ignition.

5. Notify the COR and Contracting Officer immediately of the incident.

Hazardous Materials and Hazardous Response:

The Contractor will conform to all Reclamation, Federal, State, and local regulations in the use and disposal of hazardous materials and hazardous waste. The Contractor will provide the appropriate response to any emergency involving hazardous materials at any of the facilities covered by this Contract. The Contractor will provide proof/certification of its personnel qualified to work with hazardous materials and wastes to Reclamation. The Contractor will notify Reclamation immediately upon discovering a release of hazardous waste into the environment.

Public contact:

Contractor personnel may encounter adjacent landowners or members of the public during the performance of their work.

Contractor personnel will present a professional appearance and be able to provide appropriate identification, including display of proper identification by each employee.

All Contractor and subcontractor personnel shall comply with all Federal and State laws relative to citizenship.

Contractor personnel shall inform any trespassers along the right of way of hazards and, as necessary and appropriate, ask trespassers to leave fenced off or restricted areas. If Contractor personnel may encounter emergency personnel, policemen, or firemen along the right of way, the Contractor personnel shall notify the On-Site Foreman. If Contractor personnel encounter the news media, they should refer all questions to the On-Site Foreman, who shall keep the COR informed of all news media contacts.

Government Observations:

Government personnel other than COR may from time to time observe, photograph, or otherwise record Contract operations. However, these personnel will not interfere with Contractor performance.

Regular Work Hours:

The performance period established for this contract is based upon all work being conducted during regular working hours between 8:00am and 4:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the COR in sufficient time to allow satisfactory arrangements to be made for access to the work site.

Communications:

“Time” for communications received after 3:00pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Pacific Standard Time.

Federal Holidays:

The following Federal Legal Holidays are observed:

Christmas Day

Protection of Improvements The Contractor shall protect roads and other improvements (such as fences, roads, trails, telephone lines, and ditches) whether designated on the project area map or not.

Protection of Improvements Not Owned by the BLM The Contractor will notify all utility companies, or other parties affected, and plans for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances affected by Contractor’s operations.

When Contractor’s operations are adjacent to properties of railway, telegraph, telephone, or power companies, or other property, work shall not begin until all necessary arrangements to prevent damage have been made by the Contractor.

The Contractor will cooperate with all owners of above-mentioned property. In the event of interruption because of accidental breakage, the Contractor shall promptly notify the proper authority, and cooperate with that authority in the restoration of service.

Protection of Land Survey Monuments The Contractor shall protect all known survey monuments, witness corners, reference monuments and bearing trees against any damage during Contractor’s operations.

Preservation of Historical and Archeological Data:

The Historic and Archeological Data Preservation Act of 1974 provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program. If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed. Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

Avoidance areas within the project boundaries have been identified and these locations will be made known to the Contractor. In the absence of visible flagging, the Contractor is to reference mapped avoidance areas provided via PDF (Avenza) Map. These areas, including the trees and/or vegetation that defines the avoidance area boundary, are to be excluded from project work and pedestrian access. In addition to the designated cultural resource avoidance areas, vegetation immediately outside or adjacent to the avoidance areas that is at risk of falling into the footprint of the avoidance area if cut will either be avoided (not cut) or directionally felled so as to prevent the disturbance of cultural resources. Directional felling and/or additional avoidance measures outside designated avoidance areas are to occur at the discretion of the personnel responsible for conducting vegetation removal.

Wildlife Resources Raptor surveys will be required throughout the project area, prior to the commencement of project activities, if project activities are scheduled between February 1st and August 31st.

If active raptor nests are identified within the project area, buffers will be applied in accordance with the Alturas RMP, Table 2.24-3, Seasonal Restrictions and Distance Buffers for Wildlife (page 2-133), to reduce the risk of decreased productivity or nest failure.

Trees with nests will not be cut.

If, during the implementation of the Proposed Action, threatened, endangered, BLM Sensitive species (TES), or other species of interest are found, areas of important or necessary habitat in the project area would be identified, flagged and protected from project activities in coordination with a BLM Wildlife Biologist.

Project activities are subject to buffer zones and seasonal restriction dates designed to protect BLM TES and other important wildlife species and wildlife habitat. Buffer zones and seasonal restriction dates also apply to haul routes and are established per the AFO RMP.

Jeffrey and Ponderosa pine would be retained if wildlife nests, cavities, or other wildlife-associated activity is evident. This includes woodrat nests/middens, bird nests (including cavities), and obvious bat usage.

Actions requiring vegetation/habitat disturbance such as construction of landings and skidding or other movement of trees and related materials, should be accomplished in a manner resulting in as minimal disturbance as possible.

Avoid disturbing large, downed logs that were produced by old growth snags. Avoid disturbing standing snags and do not harvest any snags unless safety issues are apparent. As well as avoid dropping trees or scattering limbs over wildlife trails, burrows, ground nests or other sites of wildlife usage.

Sanitation and Servicing The Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s operations. If facilities for employees are established within the project area, they shall be operated in a sanitary manner. Contractor shall not service tractors, trucks or other equipment on BLM lands where servicing is likely to result in pollution to soil or water. Contractor shall remove from BLM lands all refuse resulting from use, servicing, repair, or abandonment of equipment. If the contractor’s operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of the BLM.

Prevention of Oil Spills If the Contractor maintains storage facilities for oil or oil products within the project area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. In addition, oil spills or leaks including spills and leaks from equipment less than the above amounts are to be removed, including contaminated soil and vegetation, from the site and disposed of in accordance with state and federal laws. Equipment parked for a prolong period ten (10) days or more will need oil absorbing cloth or other spill deterrent authorized by the COR to mitigate equipment oil leaks.

Soils To prevent damage to areas of the project with soils having high shrink-swell characteristics, heavy equipment use will be limited to periods when soils are sufficiently dry and firm enough to resist damage from the activity. Work will be suspended during precipitation events or when observations indicate that saturated soils exist to the extent that there is visible runoff or a potential for causing soil erosion into streams.

Operations that stir up the ground (e.g., turning of tracks) shall minimized when practical. Swales and earth berms that are created by contractor shall be knocked back down to create an even ground that is representative of pre-treatment conditions.

Noxious Weeds The contractor shall ensure that any equipment use on the project site is pressure washed to reduce the spread of noxious weeds prior to arriving on the project site. The contractor will be provided with a noxious weed identification guide for species that are known to occur in the project area. If a noxious weed site is discovered, project activities would cease in that area, and the COR would be notified of the occurrence. Project activities would not resume in the area until treatments or prevention procedures are in place.

Additional Information The Contractor is responsible for organizing and directing all the equipment and personnel needed to fully accomplish the work. The Contractor shall develop and submit a Treatment Plan and Schedule to accomplish the project objectives. The Treatment Plan and Schedule will be agreed upon by both parties and incorporated into the contract at the Pre-Work. All changes to the Treatment Plan and Schedule will be agreed to prior to the changes taking effect. The Treatment Plan and Schedule shall include as a minimum the following items:

1. Cutting Plan – Discussed in more detail at Pre-Work

2. Safety Plan – To include traffic control and identification of hazards, if applicable

3. Fire Prevention Plan – For prevention and control of fires, with detailed list of personnel and equipment

PWS 8.0 Technical Exhibits and Definitions

Standard Definitions:

Physical Condition: The Physical appearance of Federal equipment or facilities that considers cracks, chips, dents, abrasions, rust, corrosion, general cleanliness, vibration, operating temperature, and discoloration and other items as identified by the COR. Physical condition may be determined by visual as well as diagnostic means.

Contracting Officer (CO): The Secretary of the Interior or designated authorized representative who is the only agent capable of signing a federal award or obligating funds.

Contracting Officer’s Representative (COR): The Contracting Officer’s designated representative as indicated in a delegation of authority letter.

Quality Assurance (QA): Surveillance of Contractor performance to determine performance requirements are met.

Performance Requirements Summary (PRS) (see Technical Exhibit below): The PRS identifies the key performance indicators of the Contract that will be evaluated by the Government to assure Contract performance standards are met by the Contractor.

Quality Control: Those actions taken by the Contractor to control the production of goods or services so that they meet the requirements of the performance work statement.

Technical Definitions:

Accessible: Definition of road access to a unit. Unit will be considered accessible when road access is within one mile of the unit.

Average Spacing: The average of the distance between all leave trees necessary to provide the desired number of leave trees per acre.

Bole: The trunk or main stem of a tree.

Biomass: Any portion of any tree, designated for cutting, which does not meet the utilization standards for sawlog set forth in the contract. The anticipated product of this material is firewood, wood chip for fuel or mulch. This material includes non-sawlog quality products. Biomass is sometimes referred to as Miscellaneous Convertible Products (MCP).

Brush: A woody perennial plant such as mountain mahogany or sagebrush.

Chip: The chipping of undesirable vegetation. Slash created during chipping shall not exceed one (1) inch diameter and three (3) inch in length and shall be spread to a depth of no more than four (4) inch in depth.

CFR: Code of Federal Regulation

Conifer: Cone bearing trees that are evergreen. Conifers in this project include Jeffrey pine (Pinus jeffreyi) and ponderosa pine (Pinus ponderosa).

Crop Tree or “Leave” Tree: A conifer planned to form a portion of the forest crop or any other designated tree to be left.

Cut-tree: A tree that is designated by the BLM for felling and may be marked with paint at and above the stump.

Crew Member: The individual responsible for performing field work aspects of the services within the contract which usually involves the use of handheld equipment (i.e., chainsaws).

Crew Supervisor: An English-speaking crew member who provides direction and supervision to fellow crew members during habitat improvement project implementation. The supervisor is responsible for work accomplishment and safely performing in accordance with the requirements of the contract.

Damage: Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment.

DBH: Diameter at breast height; the diameter of a tree measured at a point 4.5 feet above the ground on the uphill side of the tree.

Old-growth Juniper: old-growth trees as being 150 years or older. The tree may also develop a combination of the following characteristics: broad non-symmetric tops, deeply furrowed bark, twisted trunks or branches, dead branches and spike tops, large lower limbs, trunks containing narrow strips of cambium (strip-bark), hollow trunks, large trunk diameters relative to tree height, and branches covered with bright yellow green lichen (Miller et al. 2005).

Project Area: The area for treatment in this contract.

Slash: Vegetative debris generated by Contractor's operation (i.e. limbs and tops).

Snag: A dead tree retained to benefit wildlife.

Stand improvement: An intermediate treatment made to improve the composition, structure, condition, health, and growth.

Undesirable Material: All surplus trees and vegetation. The material to be reduced or removed under contract.

Technical Exhibits:

EX 1: QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

EX 2: PILE BUILDING GUIDELINES

EX 3: OLD GROWTH IDENTIFICATION

EX 4: MAPS

Performance Work Statement (PWS)

PWS Page 5

EXHIBIT 1: PERFORMANCE REQUIREMENT SUMMERY (PRS)

Task(s): mastication within identified treatment area.

All trees and brush designated for treatment must be masticated in accordance within the specification listed under Section 4 of this contract.

The COR and/or Project Inspector (PI) will conduct government inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Government inspections will consist of:

a. Compliance Inspections Visual compliance inspections of work tasks will be made on a periodic basis across the project area. Such inspections are not final and do not constitute acceptance by the Government.

b. Final Inspections Final inspections for payment will be made on the completed project unit unless otherwise agreed upon in writing. Contractor shall request a final inspection. Inspection requests shall be verbal and documented within the diary or in writing and pursuant to FAR 52.246-4, shall include results of Contractor’s quality inspections. Inspections will be completed within ten (10) calendar days after the notice is received for each item. If a formal request for an item inspection is within the ten (10) working days since the previous request, the time will not start until the time for the previous inspection expires.

The Contractor will be responsible for ensuring his or her crew can identify old growth juniper to ensure it is not accidentally cut or damaged. If old growth juniper is found to be cut by mistake or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. The Contractor shall pay a rate of $250.00 per tree for inadvertent cutting or willfully damaging of old growth juniper.

The contractor will be made aware of the deficiencies and documented in the COR’s diary. Deficiencies will need to be corrected within 48 hours unless the BLM representative states otherwise.

Incentives/Disincentives

a. Contractor will be required to rework the area at no additional cost to the Government

b. The Government will charge to the Contractor any additional cost of subsequent inspection of reworked area

c. Positive or negative Performance rating at the end of the contract (this will have definitive impacts on the contractor receiving additional contracts with the BLM in the future).

Disputed Inspection When formal inspection by the Government is accomplished through visual 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 ten days after receipt of the contractor's written request. The same inspection procedures will be used. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples.

If re-inspection results are still unacceptable without re-work, the Contractor shall pay the actual costs incurred by the Government for the re-inspection. Actual costs will be determined using detailed logs indicating time spent, transportation utilized, etc.

Stump heights shall not exceed three (3) inches and no more than twelve (12) inches in rocky areas.

All slash shall be moved at least ten (10) feet back from the edge of roads and property boundaries between government and private land daily, before the crew leaves the project area.

At least 90% of the limbs from all felled trees will be piled.

Piles shall be a minimum of three (3) feet wide by three (3) feet tall and may be as large as ten (10) feet wide by ten (10) feet tall and constructed such that no piece of juniper extends more than two (2) feet from the concentration of the pile.

The COR and/or Project Inspector (PI) will conduct government inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Government inspections will consist of:

a. Compliance Inspections Visual compliance inspections of juniper treatment work tasks will be made on a periodic basis across the project area. Such inspections are not final and do not constitute acceptance by the Government.

b. Final Inspections Final inspections for payment will be made on the completed project unit unless otherwise agreed upon in writing. Contractor shall request a final inspection. Inspection requests shall be verbal and documented within the diary or in writing and pursuant to FAR 52.246-4, shall include results of Contractor’s quality inspections. Inspections will be completed within ten (10) calendar days after the notice is received for each item. If a formal request for an item inspection is within the ten (10) working days since the previous request, the time will not start until the time for the previous inspection expires.

The Contractor will be responsible for ensuring his or her crew can identify old growth juniper to ensure it is not accidentally cut or damaged. If old growth juniper is found to be cut by mistake or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. The Contractor shall pay a rate of $250.00 per tree for inadvertent cutting or willfully damaging of old growth juniper.

The contractor will be made aware of the deficiencies and documented in the COR’s diary. Deficiencies will need to be corrected within 48 hours unless the BLM representative states otherwise.

Incentives/Disincentives

a. Contractor will be required to rework the area at no additional cost to the Government.

b. The Government will charge to the Contractor any additional cost of subsequent inspection of reworked area.

c. Positive or negative Performance rating at the end of the contract (this will have definitive impacts on the contractor receiving additional contracts with the BLM in the future).

Disputed Inspection When formal inspection by the Government is accomplished through visual 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 ten days after receipt of the contractor's written request. The same inspection procedures will be used. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples.

If re-inspection results are still unacceptable without re-work, the Contractor shall pay the actual costs incurred by the Government for the re-inspection. Actual costs will be determined by the use of detailed logs indicating time spent, transportation utilized, etc.

Stump heights shall not exceed three (3) inches and no more than twelve (12) inches in rocky areas.

Trees felled will be lopped to within three (3) feet of the ground.

All slash shall be moved at least ten (10) feet back from the edge of roads and property boundaries between government and private land daily, before the crew leaves the project area.

EXHIBIT 2: PILE BUILDING GUIDELINES

· Minimum six (6) feet wide, conical, or hemispherical in shape (not low and flat)

· No piece of juniper extends more than two (2) feet out from the concentration of the pile

· At least 90% of the limbs from the felled juniper within the designated pile acres need to be piled

· Piled material should be cut into small enough pieces to provide for a dense, compact, and uniform pile with minimal air spaces

· Pile must not include the boles or material larger than eight (8) inches diameter

· Piles must not be built on the stump

· If possible, piles should not be built on the duff layer or within the dripline of standing live trees (to minimize long duration smoldering after consumption of the pile) Well-Constructed Piles:

Well-constructed piles that are dense, uniform, and symmetrical piles that are not placed on stumps or on heavy duff and are devoid of large coarse woody material.

Poorly Constructed Piles:

Poorly constructed piles that are low, constructed of large and loose woody material, and are relatively flat in stature.

EXHIBIT 3: OLD GROWTH IDENTIFICATION

Old Growth Juniper Individual old growth trees in restoration areas would be identified using morphological characteristics (Miller et al. 2005) and preserved for their many social and ecological values.

These characteristics would include:

· Rounded or unsymmetrical tops that may be sparse and contain dead limbs.

· Deeply furrowed, fibrous bark on the trunk that is reddish in color.

· Branches near the base of the tree that may be very large and covered with fruticose lichens.

· Limited terminal leader growth on branches in the upper 25 percent of the canopy.

EXHIBIT 4: MAPS

EXHIBIT 5: BIOMASS OFFERING

UNIT OF MEASURE

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