!SERVICE_RFP.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 40 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER

RFP-9A40-S-09-0033 NEGOTIATED (RFP) 08/03/2009

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA Forest Service, Southern Sierra Province 1600 Tollhouse, Road, Clovis, CA 93611

USDA Forest Service, Attn: Mary Cantrell 1600 Tollhouse Road, Clovis, CA 93611

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 1600 Tollhouse Road, Clovis, CA until 1:00 p.m. local time 09/03/2009 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: Mary Cantrell (559)297-0706, ext. 4890 mecantrell@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 8

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C

DESCRIPTION/SPECS./WORK/STATEMENT 6 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE 2 K REPRESENTATIVES, CERTIFICATIONS AND

X F

DELIVERIES OR PERFORMANCE 1

X

OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 2 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 3 X H

SPECIAL CONTRACT REQUIREMENTS 4 X M EVALUATION FACTORS FOR AWARD 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A.

NAME AND

ADDRESS

OF OFFEROR

OFFER (Type or Print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER 15B. TELEPHONE NO. (Include area code and extension)

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

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

SERVICE RFP RFP-9A40-S-09-0033

Stanislaus National Forest Pinecrest Interior Hand Fell/Removal

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Pinecrest Interior Hand Felling and Removal

SUMMIT RANGER DISTRICT

STANISLAUS NATIONAL FOREST

ITEM

NO.

SUPPLIES OR

SERVICES

ESTIMATED

QTY UNIT UNIT

PRICE

TOTAL

PRICE

Cabins & Commercial Center in Pinecrest acres

Cabins on the North and South Shores

Day Use, Campgrounds, and Camps

4 Meadows & Adjacent Areas 28 acres $ $

TOTAL >>>>>>>>>>>>

DUNS #____________________________(REQUIRED)

NOTE: Offerors must bid on all items. Only one award will be made. Award will not be made for quantities less than those specified. Offerors must attend the pre-bid tour and are urged to further inspect work sites prior to submitting their bid. See Section L.4 for pre-bid tour details. For information regarding work site locations and directions contact Linda Johnstone at (209) 965-3434 extension 5314.

Awardees are required to have a minimum of $2 million Liability Insurance for this contract to cover tree work.

Awardees must contact the Pinecrest Permittee Association (the water company) prior to operations for information on sewer and water lines.

If you have questions concerning this solicitation contact the Contract Officer, Mary Cantrell, at (559) 297- 0706 extension 4890. Offers may be submitted to the address in Block 8 (Page 1) or fax to (559) 294-4833.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT:

The intent of this contract is to secure services for the hand felling and removal of trees within the community of Pinecrest. The material cut down will be chipped and removed to designated locations within the Pinecrest Basin, larger diameter material (greater than 3 inches) will be cut up for firewood or as poles for fencing in accordance with the following terms and specifications. Hand piling will be required in more remote areas. Felling will be accomplished using hand tools or hand held mechanical tools. Sporax (annossum root disease prevention) will be applied to all stumps 2 inches diameter and greater. The four items have differing requirements for treatment of the material, see specifications below. Contractors will be required to have a Certificate of Liability Insurance of $2 million to cover tree removal.

C.2 DESCRIPTION AND LOCATION:

Description: The areas to be worked are within the community of Pinecrest around cabins and other structures. This includes all associated amenities such as telephone lines, power lines, propane, gas, sewer and water pipes, roads, signs, and out buildings. Trees to be cut and removed range in size from 1 foot tall to 18 inches diameter breast height (DBH), approximately 80% being less than 5 inches DBH. The units are on the Summit Ranger District.

Tree Felling:

All Items – Directionally fall all trees marked with green paint. Stumps will be flush cut.

Tree Bole Treatments:

Varies by Item – Tree boles are all material 3 inches diameter and greater. Different treatments will occur by item and/or within isolated pockets of some items (See Treatment Map in Section J). Treatments include cutting boles into firewood, cutting boles into 12 foot lengths for poles, or piling material up to 8 inches diameter in remote locations, and leaving the larger material uncut and adjacent to the ground.

Chipping:

Items 1, 3, & 4 – All slash in the cabin areas will be chipped and removed to a designated campground or the Day Use Area where it will be scattered. Chips will be left in piles or scattered within Organization Camps.

Piling:

Item 2 – Hand pile all slash and boles up to 8 inches.

Sporax Application:

All Items – Apply sporax to all stumps 2 inches in diameter and greater.

Location: Work areas are located in Tuolumne County, California. See unit maps in Section J.

The maps are intended to show only the general size, shape, and location of the areas. If the maps and field boundaries conflict, the field boundaries shall govern. Positions of the features shown on the maps are approximate.

Accessibility: It is the Contractor’s responsibility to reach the work site. The Contracting Officer will determine the access routes to be used by vehicles. The routes may not necessarily be the shortest distance between units. The Government will not provide special maintenance or snow plowing to open roads or keep roads open. All of Item 2 requires walk in or boat in access. All transportation of equipment, personnel, and supplies shall be the responsibility of the Contractor.

C.3 CONTRACTOR’S REPRESENTATIVE:

The Contractor and his/her representative shall have the ability to read and speak English proficiently enough to discuss the specifications of this contract with the Contracting Officer's Representative and Inspectors. An English speaking representative must be with the crew at all times. If the crew separates to complete the job, each sub-crew must have an English speaking contractor’s representative with them.

C.4 PRIORITY OF WORK:

The Contracting Officer may specify a priority of work by item or area within an item, without additional cost. All required work (felling, sporax application, firewood cutting, pole cutting, chipping, and piling) must be accomplished in each work area prior to moving to a new one.

At no time will slash be left longer than 48 hours in the cabin areas without final treatment occurring. Work may be performed at any time during the period of the contract, except during the following conditions.

a. In accordance with the fire plan in Section H.

b. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

c. When the Contracting Officer (or designated representative) has determined that weather conditions are unfavorable for thinning operations to continue due to increased risk of insect infestations.

d. Between the Thursday before Memorial Day and the Monday of Labor Day weekend.

e. Before 7 am in the morning and after 7 pm at night.

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.212-12).

C.5 GOVERNMENT FURNISHED PROPERTY:

Paper will be provided to cover the hand piles.

C.6 CONTRACTOR FURNISHED EQUIPMENT:

The contractor shall furnish all equipment hand or mechanical (e.g. chainsaws and chippers) and all Sporax necessary to complete the project. All power saws or any internal combustion engines will require a Forest Service approved spark arrestor.

C.7 SALVAGEABLE MATERIAL:

On all items, any salvageable forest products including logging slash, cull logs, and trees felled under the specifications of this contract may be purchased from the Government under the terms of a Forest Products Sales Permit within the authority of the District Ranger (this does not include the firewood being left for designated cabin owners, see Section J).

C.8 MOTORIZED EQUIPMENT:

Use of motorized equipment other than hand-held equipment will not be permitted off designated roads in the project area without approval of the Contracting Officer or her representative.

C.9 CAMPING:

There shall be NO CAMPING within the Stanislaus National Forests boundary for the duration of this contract.

C.10 PUBLIC SAFETY:

The Contractor shall keep all roads open at all times. Roadways may not be blocked by cut trees, contractor vehicles, or other contractor equipment. Cut trees should not protrude into roadways where they may be contacted by passing vehicles. Driveways and parking areas within the cabins (Item 1) should not be blocked for longer than the time it takes to safely fall, buck up, and remove material to be chipped (4 hours).

C.11 DEFINITIONS:

Bole: The trunk or main stem of a tree.

Bucking: Cutting the boles of the trees into specified lengths.

Chip: All slash shall be chipped; the chip size shall not exceed 2 inches square.

Conifer: A cone-bearing tree with needles or leaf scales. Species found in the project area include: ponderosa/jeffrey pine, sugar pine, lodgepole pine, white fir, incense cedar, and redwood.

Cut Tree: Trees marked in green paint with a ring around the bole at approximately 4.5 feet and a green dot at the base of the tree. Trees to be cut range from 1 foot in height to 18 inches in DBH.

DBH: The diameter of a tree measured 4.5 feet above ground level on the uphill side.

Hardwood: A tree with broad leaves rather than needles. Species include black oak, live oak, alder, and dogwood. No hardwoods are marked for removal in this contract.

Slash: All material resulting from the felling, including the limbs and tops of trees.

Stob: The end of a branch closest to the bole that remains attached after a branch has been severed.

C.12 TECHNICAL SPECIFICATIONS:

Cutting Methods:

Felling: Directional felling of all trees is required in order to avoid contact with the existing infrastructure. Most work being completed is adjacent to buildings or other facilities that must be protected from damage. The contractor is required to carefully choose the felling location prior to removal due to overhead power lines, underground pipes, and obvious service facilities. Protection of residual trees, meadows, and stream channels is also important.

Stump Height: All stumps shall be flush cut to the ground, and shall not exceed four inches above obstacles.

Bole Treatment:

Item 1: All boles (three inches in diameter and larger) shall be cut up into 18 inch lengths for firewood. The firewood shall be piled near the stump or closer to the cabin for those cabin owners who requested firewood (see list in Section J), or carried to the nearest drivable road and piled adjacent to the road edge for Forest Service removal. Firewood shall not be stacked within 2 feet of any residual tree or structure.

Item 2: All boles (three inches in diameter and larger) shall be cut up into 18 inch lengths (piled at the stump or nearer the cabin) for those cabin owners who requested firewood (see list in Section J). Where firewood is not wanted, pile bole material (up to 8 inches diameter) with other slash.

Items 3 & 4: All incense cedar and lodgepole pine boles (three inches in diameter to a maximum of 10 inches diameter) shall be limbed and cut into 12 foot lengths for fence poles and carried to the nearest drivable road. All other material and other species (three inches in diameter and larger) shall be cut up into 18 inch lengths for firewood. Firewood shall be carried to the nearest drivable road and piled (adjacent to the road) for Forest Service removal, or left piled at the stump in the organization camps.

Slash Treatment:

Items 1 & 4: All tree slash shall be chipped and removed from within the cabins and meadow areas. The chips shall be placed at locations within the day use area and campgrounds designated by the Contracting Officer or her representative.

Item 3: All tree slash shall be chipped and scattered within these locations. The chips shall be placed at designated locations, and/or scattered at designated locations (chip depth not to exceed 2 inches where scattered).

Item 2: All slash (as well as boles up to 8 inches in diameter) will be piled for later burning by the Forest Service.

Hand pile specifications:

Sever all limbs completely from boles (stobs not to exceed 3 inches), and cut material, as needed, into pieces small enough to be stacked in a compact arrangement. Maximum length is 5 feet.

Locate piles in openings, as far from residual trees as possible. Piles shall be a minimum of 10 feet (horizontal distance) from residual live tree crowns.

Do not locate piles on stumps.

Piles shall not exceed 6 feet in height or 6 feet in diameter, unless larger piles are approved by the Contracting Officer or her Representative.

Construct piles such that the fine fuels form the base of the pile with heavier larger fuels on top to provide for adequate consumption of all material.

Cover half of each pile with waterproof paper, provided by the Forest Service (government furnished property). The paper cover shall be held down with adequate slash to keep it in place.

Do not pile within 10 feet of the high water mark in drainages or meadows and other riparian areas. Do not pile within 40 feet of cabins or other combustible facilities, unless approved by the Contracting Officer or her Representative.

Fireline Specifications (these are required around each hand pile):

Firelines shall be constructed 2 feet away from the perimeter of the pile and shall be cleared of all combustible material, to bare mineral soil. This includes all living vegetation.

Firelines shall be a minimum of 2 foot in width.

Stump Treatment: Sporax Fungicide Application (for all stumps 2 inches in diameter and greater):

Fungicide specifics: Sporax Fungicide EPA #2935-501. Wilbur Ellis product. All required chemicals shall be provided by the contractor in specific quantities to complete the job.

All safety equipment as listed on the herbicide label and as required by State and Federal regulations shall be used.

The contractor shall provide a specific spill and safety plan which outlines the safety procedures in fungicide application and spill prevention and clearly outlines how any spill would be cleaned up.

The contractor shall comply with all applicable county, State, and Federal requirements including, but not limited to, the Federal Environmental Protection Agency Worker Safety Standards, EPA publication 735-B-93-001 and California DPR regulations found in the Series A publications. The contractor must have on site all proper emergency notices and all required training documentation for applicators. Each month the Contractor shall also complete and file all reports (CCR 6626) with the local County Agricultural Commissioner and supply a copy of each to the Contracting Officer.

The Contractor shall have a current State of California Pest Control Business License prior to bidding on this contract. At the time of bid, the Contractor shall designate, in writing, a person with a current State of California Qualified Applicators License (Brown Card) with category E (Forestry) endorsement.

The person(s) possessing the “Brown Card” for the contract shall be at the work site at all times during herbicide application. All such licenses shall be registered with the local County prior to any work.

No overnight storage of the fungicide on National Forest land will be permitted.

Treatment shall consist of removal of sawdust and other loose debris from the cut surface of the stump and application of a thin layer of Sporax uniformly over the entire cut surface at the rate specified on the product label. Any surface irregularities on the stump preventing application of a uniform layer of Sporax shall be cut level prior to treatment. Treatment should be done as soon as possible but shall be completed no later than 4 hours after felling, otherwise stumps shall be re-cut and treated.

The Contractor shall not apply Sporax during heavy rain fall or when such precipitation rate is predicted within 24 hours of application to cause Sporax to be flushed off the stump and become ineffective. In the event of rain after application, treatment shall be reapplied. Re-application shall be completed within 24 hours of the precipitation having ceased. Sporax shall also not be applied to stumps located within 10 feet of live streamcourses and wetlands.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR INSPECTION REQUIREMENTS (FAR 52.246-01)(APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.2 INSPECTION OF SERVICES--FIXED-PRICE (FAR 52.246-04)(AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

(2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

E.3 INFORMAL INSPECTIONS

The Contracting Officer and/or the COR may visit the work units to observe the Contractor's work and progress.

E.4 UNIT ACCEPTANCE

Pinecrest Interior Hand Fell/Removal

The Contractor shall submit a unit to the Contracting Officer for acceptance only when the Contractor's inspections for quality control assure the work specifications have been met. The Government may perform formal inspections to determine acceptance of the work units. The Contractor or his/her representative is encouraged to observe the inspection and will receive inspection summaries upon request.

E.5 FORMAL INSPECTION

Each unit shall be inspected separately and inspection results shall not be averaged with those of other units.

E.6 INSPECTION RESULT VERIFICATION

The Government may inspect the work to determine compliance with specifications, to provide the basis for computing the rate of payment, and to verify the Contractor's inspection results.

If the results of the Contractor's inspections cannot be verified by Government inspections, the Government may elect to conduct all subsequent inspections. If the Government does assume the burden of the Contractor's inspections, there shall be an inspection charge of $25.00/ha ($10.00 per acre) inspected.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 CONTRACT TIME

CONTRACT TIME

ITEM ESTIMATED STARTING DATE CALENDAR DAYS

1. September 8, 2009 50 days

Contract time shall begin on the date stipulated on the Notice to Proceed, or 10 calendar days after the Notice to Proceed is mailed, whichever is later. Failure of the Contractor to pick up Certified Mail will not be considered an excusable delay. The Contractor shall proceed at a rate to assure completion of the contract within contract time.

http://www.arnet.gov/far/

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 ACCIDENT PREVENTION (FAR 52.236-13) (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910;

and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall—

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

G.2 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15)(APR 84)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three

Pinecrest Interior Hand Fell/Removal copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

G.3 MEASUREMENT

Acreage as shown on the Schedule of Items was calculated using the geographic information system (GIS).

Any contiguous non-work areas exceeding 1/2 acre (.020 hectare) in size will be excluded from payment.

G.4 REMEASUREMENT

The Contractor may request remeasurement of any unit. Such a request must be made in writing.

Remeasurement will be made within the established boundaries. If remeasurement indicates a variance of 5 percent or less from the original measurement, the Contractor shall pay for the actual cost of remeasurement and no adjustments will be made in the acreage as stated in the Schedule of Items. If remeasurement indicates a variance of more than 5 percent from the original measurement, payment will be based on the remeasurement acreage and the Contractor will not be liable for the cost of remeasurement.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.fs.fed.us/im/directives/fsh/6309.32/6309.32_contents.txt

FOREST SERVICE ACQUISITION REGULATION CLAUSES:

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999) FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(DEC 1999)

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999) FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

H.2 Minimum Wages

Wage Determination Number 1977-0727, Revision 36, dated 05/26/09, is currently in effect for these services, and is included as an attachment to this solicitation.

H.3 Post Award Conference (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The Conference will be attended by the Contracting Officer, the Contractor, and the Contracting Officer’s Representative (COR), and Forest Service Representatives who may be involved in the administration of the contract. The conference may be conducted by telephone. The meeting will be held by the Contracting Officer to discuss the resulting contract in detail.

H.4 Archaeological Or Historic Sites (AGAR 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.5 Worker Safety

(a) The Contractor shall train all workers on the job site in the safe operation of all tools and equipment used on the job site.

(b) The Contractor shall provide all workers on the job site with information concerning the identification and avoidance of site-specific hazards or hazardous conditions.

http://www.fs.fed.us/im/directives/fsh/6309.32/6309.32_contents.txt

Pinecrest Interior Hand Fell/Removal

(c) The Contractor shall provide appropriate personal protective equipment (PPE) for each worker on the job site. Such equipment shall be in a serviceable, sanitary, and reliable condition; equipment that is found to be damaged or defective shall be immediately replaced and shall not be used.

(d) The Contractor shall ensure that all workers on the site wear the provided PPE while working on the job site.

(e) Consistent with US Department of Labor regulations, PPE shall be provided at no expense to the worker.

(f) Appropriate PPE includes, but is not limited to, the following:

1. Chain saw chaps approved by Underwriters Laboratory or meet Forest Service specification 6170-47.

The chaps shall cover the full length of the thigh to the top of the boot on each leg.

2. Foot protection that provides adequate traction and ankle support. For workers operating chainsaws, foot protection that shall be constructed with cut-resistant material which will protect the employee against contact with a running chainsaw.

3. Hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997. Hard hats shall be worn where there is potential for head injury from falling or flying objects.

4. Eye protection that meets the minimum requirements of ANSI standard Z87.1-2003. Eye protection shall be worn where there is potential for eye injury due to flying objects or sharp objects encountered at eye level.

5. Hearing protection where there is a potential for hearing loss due to high intensity noise—e.g., chainsaw operation.

H.6 Control Of Erosion, Sedimentation And Pollution (AGAR 452.236-74) (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, and impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting

Officer.

H.7 Fire Plan

Usage of the Fire Plan is currently in effect for these services and is included as an attachment and listed in Section J.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004)

Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $550,000) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) http://www.usda.gov/procurement/policy/agar.html

Pinecrest Interior Hand Fell/Removal

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Pinecrest Interior Hand Fell/Removal

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

http://fedgov.dnb.com/webform

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information http://www.ccr.gov/

1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a…