Cut Tree Marking and Volume Determination_12363N23Q4030.docx

Combined Synopsis/Solicitation Solicitation Number: 12363N23Q4030

CUT TREE MARKING AND VOLUME DETERMINATION

Elk Tooth I Dated: 01/12/2023

This order is a request for quotations (RFQ). The document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-01/12-30-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, Forestry Support Activities a small business size standard of $20.5 Million.

Contracting Office Zip Code: 54552 (Park Falls, WI) Product Service Code: F099 – Natural Resources/conservation- Other Contracting Office Address: 1400 Independence Ave., S.W.; MS-1138; Washington, DC 20250 Set Aside: None. Full & Open.

All interested companies shall provide quotations for the following:

Commercial Item – Service

CHEQUAMEGON-NICOLET NATIONL FOREST

Price County, WI

SCHEDULE OF ITEMS

Total:

*Quoted prices must include all labor, materials, tools, etc. necessary to complete work.

NOTE 1 - Quoters must submit prices for all Items to be considered for award for that item.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Quoter Information

Prices Submitted By

Email:

SUBMITTING QUOTE/STATEMENT OF WORK:

1. SCOPE & LOCATION

Elk Tooth 1 Marking and Cruising Contract Marking and cruising of 177 Acres in northern hardwoods timber on the Park Falls Ranger District. Work is in 3 items. Contractors are required to be Forest Service certified, or have in their employ a certified person, before bidding on a contract that includes volume determination. Certification from the Chequamegon-Nicolet or the Ottawa National Forests will be accepted. Proof of certification will be required. The Contractor shall furnish all labor, materials, equipment, tools, instruments, supplies, transportation, professional services and supervision, except that which is designated as Government-furnished property.

LOCATIONS AND DESCRIPTIONS

(a) Project areas Park Falls- Medford Ranger District of the Chequamegon-Nicolet National Forest. See project maps in Attachment A.

(b) Any one or a combination of the following types of harvests may be included in future projects. Specific prescriptions providing further detail will be provided for those projects.

(1) Red Pine, White Pine, Red Oak or Northern Hardwood thinning: Up to 40 percent of the basal area will be harvested, usually by marking individual trees for cutting. Generally, trees chosen for removal are suppressed, diseased, or of poor form. Rows of trees are often removed when thinning pine plantations to provide access. Some trees with wildlife or diversity characteristics are retained.

(2) Paper Birch, Northern Hardwood, Red Oak or Aspen shelterwood cuts: About 40 to 60 percent of the trees will be removed. White pine and hardwoods would be favored for retaining before aspen and paper birch. Trees may be marked or designated for cutting or retaining.

(3) Northern Hardwood selection cuts with canopy gap: Work toward producing an uneven-aged stand by individually marking trees for harvest, plus up to 15 percent of the area will be harvested as canopy gaps, ranging in size from 30 to 60 feet in diameter. The trees removed will generally be the ones exhibiting slower growth rates or signs of insect or disease infestation. Trees with crooks, forks, or other less desirable characteristics for use in making wood products will also be selected for harvesting.

(4) Aspen, Jack Pine or Balsam Fir clearcuts: Clearcuts consist of designating the majority of the trees (aspen, Jack pine, paper birch, maples, balsam fir) for cutting. Individual trees or small areas will be reserved from harvesting. Balsam fir types are often patch clearcut with about 50 percent of 20- to 60-acre stands harvested in 1- to 8-acre patches.

(5) Any Timber Type Special Harvests: Specific prescriptions may be included which incorporate a variety of ecosystem, timber, recreation, aesthetics, or wildlife values. Some prescriptions may not follow standard silvicultural guides.

PRE-WORK CONFERENCE

A conference will be held prior to the start of work on any contract awarded. The Contracting Officer (CO) and/or Contracting Officer’s Representative (COR) will meet with contractor to discuss contract items, work performance requirements, government furnished materials and work conditions pertaining to the contract. The contractor’s operating plan outlining the schedule of performance, inspection system, and any other submittals required will be due at this time. Location of conference will be determined by the Forest Service, in consultation with the contractor. The CO will contact the contractor to schedule the pre-work conference to take place within 15 days of award.

UNIT BOUNDARY MARKINGS

When included in the contract, Contractors shall mark unit boundaries on the ground according to the following specifications:

(a) The Contractor shall mark and traverse boundaries as specified in the contract. Aerial photos will be issued for stand delineation. Compartment base maps will be issued to serve as a guide. The Contractor shall be required to mark reserved area boundaries (may include known cultural resource sites), if included in the contract. No marking shall occur within the reserved areas. The Contractor shall face paint away from roads and trails, if directed to do so by the Government. Unit boundaries shall be marked with paint (furnished by the Government) as specified for each project, unless changed by written agreement.

(b) Unit boundaries that are traversed shall have an accuracy of 1:50 for 20 acres or less or 1:100 for more than 20 acres. If the prescription is a non-clearcut unit, the maximum error of closure shall be 1:50 for any acreage. Tools to be used shall be either a global positioning system which meets the standards of accuracy described below or a compass used with either a hip chain or surveyor's tape. The Government will compute acreage and error of closure. The Contractor shall do verification traverses, if the error of closure ratio is not met.

(c) Global Positioning System (GPS) Standards are outlined in the Area Determination Attachment (FSH 2409.12-50)

(1) All crew members using the GPS equipment for timber sale preparation shall be trained in its use and have a basic understanding of how GPS works before collecting field data.

(2) All positional fixes e collected by the remote GPS receiver shall be collected under the following conditions:

(i) Position Dilution of Precision (PDOP) no greater than 6,

(ii) minimum signal level of 6 or the manufacturer's recommended level for good signal quality, and/or

(iii) meet all requirements under FSH 2409.12 Chapter 50 (Area Determination)

(3) The reference/base station for differential corrections shall be of a third order (or better), North American Datum (NAD) 83 datum position.

(4) Position fixes shall be collected while moving around the perimeter and shall be collected at a time interval that will accurately define the perimeter of the traverse. A 5-second interval is suggested for a walk file; however if moving more rapidly, a 1-second interval may be appropriate. Loss of position fixes (signal) for a short duration while moving in a straight line is acceptable; however, position fixes must be received while moving through all turning points in order to portray the true representation of the traverse.

(5) A computer display or plot of the file should show positional fixes lying one after another in a relative sequential pattern, defining the perimeter of the traverse. There should be only slight irregularities (jumping from side to side) of positional fixes. If some of these are outliers (do not represent the traverse), they shall be edited from the file. The person who collected the data shall review a computer display or large-scale plot of the data. It should be reviewed for the following:

(i) Consistency of data collection (look for a smooth string of fixes).

(ii) large spacing between points, which would indicate loss of signal and the possibility of missing positional fixes at critical turning points that would define the traverse; and

(iii) The polygon resembling the traverse walked in the field.

(iv) Area Error Estimation must be completed for data collected and adjustments or re- collection of data determined.

SELECTING TIMBER FOR HARVEST

The Contractor shall select and mark trees for harvest according to the general marking instructions and detailed prescriptions. For a tree to be designated for harvest, it must meet minimum tree specifications and include one minimum piece. Trees selected for harvest must be capable of being economically felled and removed without damage to the residual stand. See the "Minimum Tree and Piece Specifications" table in Section J.

MARKING TREES FOR HARVEST

(a) Variable plot sampling: Where specified in the contract, the Contractor may use variable plot sampling to determine volumes after acreage is computed. The plots shall be sampled with a 10 BAF prism. Grid size will be specified for each project.

(b) Marking in Cut Tree Mark (CTM) Units or Leave Tree Mark (LTM) Units: Sawtimber and pulpwood trees shall be marked with paint at or above DBH and on the stump below normal stump height as close to the ground as possible. Paint shall be applied liberally to the stump spots. Stump marks shall be placed inside butt flanges where possible to protect from damage during felling and skidding. Paint shall be placed on areas free or scraped free of moss.

(c) Paint is for marking trees for cutting, tallying trees, and strip lines. Strip lines are to be confined to sub-merchantable trees (mostly less than 4-inch DBH). Stump marks shall be applied using proper technique. The stump marks shall be placed on clean bark or wood, not moss or dirty stumps. Moss or other debris may need to be removed, without damaging tree. Marks shall be located on the LOW SIDE of the stump in recessed portions of the stump. (Shears and headsaw harvesters are capable of cutting extremely low stumps.) A liberal amount of paint shall be used on stump marks, since these are very important marks and must be durable.

(d) All paint marks shall be concentrated in spots or slashes of paint with a minimum 7 square inches of paint per mark. The Contractor may be required to paint both sides of each tree with spots or slashes or may be required to paint two sides of the stump, as identified for each project.

(e) When the prescription requires the creation of canopy gaps, all undesirable non-merchantable trees shall be marked at DBH on two sides of the tree and one stump mark.

(f) Sub-merchantable trees within skid trails shall be marked at DBH on two sides of the tree and one stump mark.

SPECIAL CONDITIONS

Any survey corner monument (bearing tree) or any tree that has been blazed as a line tree along an established land line or any tree which is designated as a superior tree shall not be designated for cutting. Superior trees are designated with a white ring around the tree bole, generally at breast height. There may be other trees marked with a white ring that are not superior trees. Do not cut any trees with white paint rings.

CROP TREES

A crop tree is a tree that contains or has the potential to produce two 8-foot logs of Grade 2 or better quality.

CRUISING DESIGNATED SPECIES

Merchantable trees of designated species to be cruised may or may not need a paint mark, as specified for each project. Some trees of a designated species may be required to be reserved with paint.

ADHERENCE TO RESIDUAL BASAL AREA OBJECTIVE

The Contractor shall use a 10 BAF (basal area factor) wedge prism, Relaskop, or other equivalent optical instrument to check residual stand basal area during the marking of harvest units.

VOLUME ESTIMATION

(a) The Contractor shall perform volume estimation accurately to insure that net volume estimates are within +/- 10 percent for sawtimber and +/- 5 percent for the combined total of the sample trees check cruised.

(b) Individual Tree Count Cruising

(1) Sample Tree Selection. The Contractor shall use a random selection of sample trees by the timber cruisers. Sampling intensity for each stratum will be included in the Cruise Design Specifications for each project. Details concerning sampling will be finalized at the post award conference for each contract.

(2) Sample Tree Measurements. Sample tree measurements shall be made according to methods outlined in Forest Service Handbook 2409.12, Timber Cruising Handbook, Chapter 10 (see Section J). Required measurements include:

(i) DBH (DBH taken at points other than 4.5 feet above ground on the high side of the tree because of swell or other bole deformities shall be identified with a horizontal paint mark on the tree bole at the point of measurement).

(ii) Merchantable height measured from the ground to the nearest foot.

(iii) Determination of internal and external defects including sweep, crook, rot, etc.

(c) Variable Plot Sample Cruising (Point Count Measure Tree)

(1) Sample Tree Selection

(i) Use a compass and proceed in a north, south, east, or west direction.

(ii) Use a straight stake or engineering flag for the plot center. Determine north from this plot center.

(iii) The first tree to the right of north that falls within the basal area factor shall be the first measured and counted tree and shall be flagged. Every sawtimber tree within each sample group shall be measured and recorded. Every first pulpwood within each sample group shall be measured and recorded while the other pulpwood trees within each sample group shall be counted and recorded, but not measured. The Point Sampling Guide for basal area factor 10 in Section J shall be used to assess borderline trees.

(iv) As an example, the cruiser is in an aspen and balsam fir area with multiple diameters of aspen trees. The cruise design has two sample groups for aspen (5” to 13.9” dbh and 14”+ dbh) and one sample group for balsam fir. The first tree to the right of north is an 8” aspen. This tree is measured, flagged and recorded on the cruise card and then the cruiser counts and records all the remaining aspen between 5” dbh and 13.9” dbh on the plot. The cruiser then faces north on the plot and proceeds to check for aspen greater than 14” dbh. The 16” aspen is measured and recorded while the remaining aspen on the plot over 14” dbh are counted and recorded. The first balsam fir tree to the right of north is then measured and recorded while the remaining balsam fir on the plot are simply counted and recorded.

(v) Trees to be left need not be tallied, unless specified for each project.

(3) Marking Variable Plots. Plots shall be clearly marked with the plot number identified at the top of the plot marker. The plot marker shall consist of a stake, engineering flag, or other straight object which will show where the plot center is located. The actual plot center will be where the stake goes into the ground. The first tree in the plot to the right of north shall be the first cruise tree.

(d) Marking Sample Sawtimber Trees. The sample tree or brush adjacent to the tree shall be clearly identified with flagging at breast height. The sample tree shall be marked with the sample number and standard marks. The following information shall be written in order on the ribbon of each sample tree in:

(1) DBH

(2) Number of feet for sawbolts

(3) Percent of defect in sawbolt (to the nearest percent)

(4) Percent Recoverable Product (to the nearest percent)

(5) Total number of feet to 4-inch top (for hardwood) and total feet to top of tree (for softwood).

(6) Percent of defect in the pulpwood only (to the nearest percent)

(7) Marker's cruising identification (number or initial, as agreed to by the Government)

(e) Marking Sample Pulpwood Trees. Marking shall be the same as that shown above for marking sample sawtimber trees, excluding number of sawbolts and percent of defect in sawbolts and percent recoverable product.

(f) Marking Records. The Contractor shall ensure accurate recording of all marking records.

(1) Measurement (see "Timber Sale Cruise Volume Tally Sheet" in Section J).

(2) DBH shall be measured to the nearest full 0.1 inch (i.e. 12.94 = 12.9) rounded down.

(3) Tree heights (both sawtimber and pulpwood trees) shall be determined using the "Quick Guide to new cruising practices" in COR will provide upon request.

(4) Internal and external defect shall be determined to the nearest percent using the "Volume Distribution Guide" in COR will provide upon request.

(5) Tally sheet data entries shall be complete and legible. The Contractor shall, upon the completion of each unit, deliver the completed tally sheets and other unit specific records for each unit to the Government before moving to the next area. Upon the receipt and acceptance, the cruise data for each area shall become the sole property of the Government.

(6) Total tree counts by stratum shall be maintained and recorded each day through the use of tally wackers or a dot tally system for each unit.

(7) A "Payment Unit Summary" (COR will Provide upon request) shall be filled out by the Contractor for each unit, listing unusual circumstances such as nests, archeological sites, and permanent deer blinds, and so on.

(8) On one copy of the timber sale work map, daily marking progress shall be indicated. This record shall be made available to the Government on a daily basis. At the completion of each unit, the Contractor shall furnish a second copy of the work map indicating locations of reserve areas, road access, unusual circumstances (as listed in Item 7 above) or reserve tree locations. This second copy shall not include daily marking progress.

Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)- designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense None

C9.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives

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

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

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

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

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

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

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) 52.237-1 Site Visit. (APR 1984) Potential contractors for project-specific RFQs are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the costs of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

INSTRUMENT ACCEPTANCE AND CALIBRATION

The Contractor shall provide for inspection and acceptance by the Government all instruments used for tree measurement. Instruments shall be checked for calibration periodically. Measurements shall be made against known and established measures, to insure accurate measurements. The Contractor shall use a 10 basal area factor on instruments used and on measurements recorded and submitted to the Government when basal area information is required.

QUALITY ASSURANCE SURVEILLANCE PLAN

Surveillance by the Government of the contractor's performance will typically be based on three elements:

(a) adherence to silvicultural prescription

(b) adequacy of marking paint application, condition and security

(c) accuracy of volume estimation

(a) Inspection for adherence to silvicultural prescription.

(1) The Government will randomly locate plots within each intermediate harvest unit to check for adherence to silvicultural prescriptions. The following factors will be evaluated while inspecting these plots:

(i) Residual Basal Area (BA) - The contractor shall check residual stand basal area during the marking of intermediate harvest units. The residual BA is expected to be within +/-10 sq. ft./ac. of the desired BA stated in the silvicultural prescription.

(ii) Basal Area Removal by Proper Tree Selection - Where the contractor is required to select trees for cutting outside of complete row removal, the trees to be removed from the stand will generally be of high risk, poor form and/or quality, or mature. The intent of most prescriptions is to retain as growing stock the healthy, good quality trees that will produce high-grade sawtimber in the future or are of a size-class needed to maintain proper stand structure. An example of a form may be provided upon request.

(2) When differences do occur, one of the following explanations should apply:

(i) It will be obvious to the inspector why a change was made to the prescription. This could be due to the need to leave more or less BA than stated in the prescription because of variation in species, DBH, or spacing.

(ii) When not obvious to the inspector, the contractor or representative can explain why the deviations were made and the reason is acceptable to the inspector.

If neither of the above conditions is met, the contractor may be required to remark the stand in order to comply with contract requirements.

(3) The marking of trees will be noted to ensure direction given in this BOA and in the project-specific RFQ are being followed; this includes the minimum tree and piece specifications (COR will provide upon request) as well as the cruise design.

(a) Inspection for adequacy of marking paint application, condition and security.

(1) Paint applied by contractor to any cut-tree or leave-tree units will be inspected for the following:

(i) visibility from any approach of the tree

(ii) application to the bole of tree is in enough quantity, as stated in above, to ensure visibility of tree marking while stand is being harvested

(iii) application to stump is in enough quantity and in a good location, as stated in above, to ensure stump mark(s) will be present and visible after stand has been harvested

(iv) paint on both the bole of the tree and the stump has not washed off due to precipitation, to the extent that either of the previous three elements will not be met

(2) Government will perform periodic tracer paint security inspections, including checks to make sure vehicles that are storing paint are locked.

(b) Inspection for accuracy of volume estimation.

(1) A percentage of the sample trees of tree measurement type units will be inspected and check cruised. Volumes from the contract timber cruisers must agree with the Government check estimate by +/- 10 percent net volume for sawtimber. Check cruised trees for the sale also require an accuracy score of at least 85%.

(2) The percent variance of net volume will be calculated by dividing the difference between the Contractor's estimate and the Government's estimate and multiplying the result by 100. The accuracy score is based on the number of correct tree measurement elements for each tree. Refer to the check cruise evaluation report attachment for an example.

(3) If the Contractor's volume or accuracy score is outside the allowable tolerance and the Contractor requests, the Government will check an additional number of trees. If the Contractor's figures are within +/- 10 percent for sawtimber net volume of the government estimate and obtain an accuracy score of at least 85%, the unit passes inspection of cruise trees. If, however, the Contractor fails the second sample inspection, the Contractor shall remeasure all the cruise trees in the unit and pay the cost of the re-inspection. The cruise trees in the unit will then be inspected again as if it was the first time. This process could be repeated.

If government inspections indicate failure to meet contract requirements in any of the above- mentioned elements, contractor will be required to re-perform work to bring the level of work up to an acceptable level as stated under the contract requirements. In addition, contractor will be required to provide written documentation of their own self-inspections after the work has been re-performed, to ensure quality meets contract specification, prior to requesting government re-inspection work. This additional work will be at the expense of the contractor.

MEASUREMENT AND PAYMENT

(a) Acreages shown in the contract may be estimated. If acreages are estimated, final determination of acreages included within the unit boundaries will be made by the Government using a dot grid and aerial photos, a GPS (Global Position System), or a compass with a hip chain or surveyor’s tape.

(b) Payment will be by the item, as shown in the Schedule of Items in each contract. Payment will be upon completion by the Contractor and acceptance by the Contracting Officer of the entire item, unless otherwise agreed to by the Contracting Officer.

GOVERNMENT-FURNISHED PROPERTY

The Government shall provide to the contractor the following listed materials, supplies, property or services (hereinafter referred to as "Government-furnished property”). This property shall be used and maintained by the contractor in accordance with the provisions found here in. The contractor shall be liable for all loss or damage of such delivered Government-furnished property until completion and final acceptance of work.

Government-furnished property may consist of:

(1) Tree marking paint; paint may be in quarts, gallons, or aerosol cans and will be determined by the Forest Service at time of contractor’s request for paint.

A Paint Sign out Form will be provided and will be used for checking paint in/out. Paint will be issued to the contractor and received from the contractor at the District Office where the Government’s COR works out of, unless Government agrees to an alternate location. Security of paint must be a top priority of contractor. Paint will either be under lock and key and out of view of the public or be carried on-person by an individual working in the field on behalf of the contractor. All paint cans (empty, full, or partially used) will need to be returned to the Government. The Government must be notified immediately once contractor has become aware of any missing paint cans; Forest Service personnel are required to notify Forest Service Law Enforcement when paint is not accounted for. Contractor will then give a good faith effort to find the missing paint can. For each unreturned paint can, the contractor will be required to submit a written report describing in detail the circumstances which led to the misplacement of the paint can(s), along with security measures to be implemented to ensure no further losses. The contractor may be required to reimburse Government for the cost of any investigation that results from missing paint can(s); although not a maximum cost, an estimated cost for an investigation may be $500.

The Daily Paint Log will be provided by the COR and used by Contractor to track paint usage through the duration of the contract.

(2) R9 timber sale cruise tally cards; used for recording cruise data

(3) GPS maps for individual payment units; these shall be used by the contractor for showing location(s) of any point(s) of interest found while marking/cruising (ex. possible heritage site, hawk nests, drainages, deer blinds, roads not shown on sale maps, etc…)

(4) GPS unit for payment unit layout and/or PDR for data collection.

TIMBER SALE CRUISE VOLUME TALLY SHEETS:

All unused tally sheets shall be returned to the Government upon completion of the job.

AERIAL PHOTOS OR COPIES, AS NEEDED:

If aerial photos are lost or damaged the Contractor shall reimburse the Government at the rate of $10.00 for each photo damaged/lost.

452.237-74 Key Personnel. (FEB 1988)

All timber cruisers are considered key personnel, and shall be certified by passing a Forest Service check cruise within +/- 10 percent for net sawtimber volume and +/- 5 percent for net combined volume and have an accuracy score of 85% or better (an explanation of accuracy score can be found in Section J).

Awards may be issued prior to certification. When work commences at least 1 certified cruiser shall be on site to provide guidance/oversight to non-certified employees. Certification requires the completion of 2 basic competency tests administered by the local Forest Service office. In addition to a short written test that confirms basic understanding of the methods of measuring trees, certification will consist of checking a minimum of 50 trees that the individual has cruised form either of the certified tests areas located on the Chequamegon-Nicolet National Forest , or one of the certified test areas on the Ottawa National Forest. If a cruiser is certified on the Chequamegon-Nicolet National Forest that certification is valid on the Ottawa National Forest, and vice versa. All Cruisers shall be certified prior to doing any timber cruising under individual contracts. Certification of cruisers will remain valid indefinitely, as long as their performance continues at a satisfactory level. Check cruises may recommend loss of a cruiser’s certification based on unsatisfactory performance. A cruiser will be considered inactive if they have not cruised any timber on the Chequamegon-Nicolet or Ottawa National Forests for a period of time longer than one year. If a cruiser has been inactive for a period of more than one year, refresher training is required prior to resuming cruising.

AGAR 452.224-70 Confidentiality of Information (FEB1988) CONFIDENTIAL NATURE OF INFORMATION

(a) Timber Sale Data.

(1) The Contractor shall not divulge, and shall take all reasonable steps to insure that no member of its organization divulges, any information concerning this timber sale data to any person other than those duly authorized representatives of the Contracting Officer.

(2) In addition, neither the Contractor nor any of the Contractor's employees may be involved in bidding on any timber sale(s) resulting from this contract.

(c) Archaeological Sites. Any archeological sites encountered are protected by law and shall not be disturbed. The Contractor is encouraged to be alert for potential archeological sites and report their location to the Contracting Officer. Disclosure of any archeological information to any persons, other than those duly authorized as representatives of the Contracting Officer, may be subject to legal penalties.

EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

AGAR 452.236-78 Fire Suppression and Liability. (MAR 2016)

(a) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR clause at 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees subject to the following fire classifications listed in subsection (b).

(b) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An "operations fire" is a fire caused by the Contractor's operations other than a negligent fire. The Contractor agrees to reimburse Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [Contracting Officer insert amount]. The cost of the Contractor's actions, supplies, and equipment on any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum. If the Contractor's actual cost exceeds contractor's obligation stated above, Forest Service shall reimburse the contractor for the excess.

(2) Negligent Fire. A "negligent fire" is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting, or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of Forest Service, on any fire on contract area other than an operations fire or a negligent fire.

(c) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(d) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall temporarily redirect employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. An equitable adjustment for any such redirection of employees and equipment will be made under the FAR clause at 52.243-4, Changes.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the Contractor's obligations shall be the same as if performance was by Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

LIST OF ATTACHMENTS

1. Attachment A: Attachment A_Maps Elk Tooth I

2. Attachment B: Attachment B_Elk Tooth 1 Marking Contract Specifications

3. Attachment C: FAR 52.212-1 Commercial Items (Addenda)

4. Attachment D: FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2022)

5. Attachment E: Attachment E_Wage Determination_1981_1253

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.

The following solicitation provisions apply to this acquisition:

1. Instructions to Quoters- Commercial Items

a. Attachment 1 – FAR 52.212-1 Commercial Items (Addenda)

The following contract clauses apply to this acquisition:

· FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Dec 2022)

The following subparagraphs of FAR 52.212-5 are applicable:

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

_X_ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being…