Sol_140L5722Q0027.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LUA

SALT LAKE CITY UT 84101

440 WEST 200 SOUTH, SUITE 500

BLM UT-STATE OFC ADM SVCS BR(UT952)

0004276653 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLUA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/14/2022 1200 MD

08/23/2022

(435)781-4445Tori Blunt Mayes (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L5722Q0027

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 58 0040574638OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CEDAR CITY UT 84721

176 EAST DL SARGENT DRIVE

BLM-UT CEDAR CITY FIELD OFFICE*

15. DELIVER TO

SALT LAKE CITY UT 84101

440 WEST 200 SOUTH, SUITE 500

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM UT-STATE OFC ADM SVCS BR(UT952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Cedar City Field Office - South Creek Road Stewardship Delivery: 09/30/2024 Period of Performance: 10/01/2022 to 09/30/2024

00010 South Creek Road Stewardship in accordance with the attached SOW, Maps, and Wage Determination Product/Service Code: F006 Product/Service Description: NATURAL Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Gail Mance

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

58 2 of

140L5722Q0027 South Creek Rd. Stewardship Project 3

Request for Quotation

South Creek Road Stewardship

Type of Contract: Stewardship, Firm Fixed Priced (FFP), Single Award Contract

Location: The project area is located approximately five miles Southeast of Beaver, Utah in Beaver County.

NAICS: 115310 SIZE STD: $8.0M SET-ASIDE: Small Business

Bureau of Land Management Technical Representative Contracting Specialist (CS) Contracting Officer (CO)

Name: Colby Peterson Tori Blunt Mayes Gail Mance

Email: c1peterson@blm.gov tbluntmayes@blm.gov gmance@blm.gov

Site Visit: A pre-proposal meeting and site visit is scheduled for September 01, 2022, 9:00 AM. Meet at Junction of Main Street and South Creek Road, Beaver, UT (Interstate 15 Exit 109, East on Main Street, approx. ½ mile). All prospective offerors are strongly encouraged to visit the site prior to quoting. Offerors intending to attend the pre-proposal meeting and site visit tour shall contact Colby Peterson in the CCFO Office at 435-865-3015 (email:

c1peterson@blm.gov) at least 2 working days before the scheduled site visit and advise him of the firm’s name and number of persons that will attend. Please follow the CDC’s social distancing guidelines during the site visit.

Questions Due Date: Due September 06, 2022 12:00 pm MT by email: tbluntmayes@blm.gov.

Quote Submittal Information: Due September 14, 2022 12:00 pm MT by email: tbluntmayes@blm.gov See

Section L for quote submittal requirements

Period of Performance: Two (2) calendar years from the effective start work date or 2½ calendar years from the contract award date, whichever is earlier. (Based on 365 Calendar Days for each 93.5 acres of Item 1) Estimated start work date is October 1, 2022.

This is a multi-Year contract as contemplated by Section 323 of P.L. 108-7, and as such may continue for a period of up to 2 years. Multi-Year contracts specify more than 1 year’s requirements without establishing and having to exercise an option for each program year after the first. It is anticipated that the cost of services will outweigh the value of the biomass to be removed.

Award Selection Process: One contract will be issued to the contractor whose offer represents the Best Value proposal received when evaluated against evaluation criteria in provision 52.212-2 on an all or none basis.

file:///C:/Users/c1peterson/AppData/Roaming/Microsoft/Word/c1peterson@blm.gov mailto:tbluntmayes@blm.gov mailto:tbluntmayes@blm.gov

140L5722Q0027 South Creek Rd. Stewardship Project 4

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 – SUPPLIES OR SERVICES AND PRICES/COSTS STEWARDSHIP CONTRACT: Pursuant to the authority under the Agricultural Act of 2014, PL 113-79, Section 8205 (Agricultural Act) (16 U.S.C. 6591c) and Tribal Forest

Protection Act (P.L. 108-278, Jul 22, 2004), the Bureau of Land Management intends to enter into this South Creek

Road Stewardship contracting project to perform services to achieve land management goals for public lands that meet local and rural community needs.

Offerors must propose on all line items on an “All or None Basis”. Offerors are further advised that offering a unit price less than the Minimum Acceptable Offer for Total Goods, Line Item 0002 may have an adverse effect on the evaluation of their proposal regarding best value. Note to offerors: Line Item 0001 is the service work required under this requirement. Line Item 0002 is the quantity of product under each area that falls under the authority of

Stewardship, goods for services. Prices offered and accepted by the Government under line item 0002 for the product will become due and payable to the Government in accordance with the terms specified in this request for quote.

LINE ITEM 0001 – STAND DENSITY MANAGEMENT, FUELS REDUCTION

LINE

ITEM

SERVICES/SUPPLIES QUANTY UNIT BID PRICE

0001 Overstory Reduction Treatment / Fuels Reduction Treatment

Thinning of Pinyon and Juniper Trees / Non-

Merchantable Biomass Removal and Slash Treatment 187 Acres $ /ac.

TOTAL SERVICE BID 187 Acres $

LINE ITEM 0002- BIOMASS UTILIZATION

LINE

ITEM

PRODUCT

ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

0002 Tree harvest and product utilization

Purchase of

Merchantable

Biomass

187 Acres $15.00/Acre

($ 2,805.00 min.)

$ /ac.

TOTAL PRODUCT OFFER 187 Acres $2,805.00 minimum acceptable bid

Offerors are advised that the prices shown for Line Item 0002 are inclusive of falling, yarding, loading, and hauling expenses.

NET TOTAL (Total Service Bid – Total Product Offer) $__________________________

(ALL OR NONE)

(End of Section B)

140L5722Q0027 South Creek Rd. Stewardship Project 5

SECTION C - DESCRIPTION – STATEMENT OF OBJECTIVES

C.1 – General Requirements

C.1.1 – Project Objectives

The purpose of this contract is to provide services for improvement of forest/woodland health, wildlife habitat improvement, fuels reduction, and to utilize biomass material.

C.1.2 - Scope of Contract

The Contractor shall develop and submit a Treatment Plan and Schedule to accomplish the project objectives and organize and direct all the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required. The Treatment Plan and Schedule will be agreed upon by both parties and incorporated into the contract. All changes to the Treatment Plan will be agreed to prior to the changes taking effect.

The Contractor shall be required to provide a Treatment Plan and Schedule

C.1.2.1 The Contractor shall furnish all labor, equipment, materials, supervision, transportation, and incidentals necessary to perform commercial and pre-commercial thinning. State safety regulations require that crewmembers shall not work alone and that accessibility to emergency transportation is to be provided by the Contractor at all times.

The Contractor shall maintain an adequate workforce at all times to ensure timely completion of the work. At the prework conference, and as required throughout the contract, the Contractor shall provide a work schedule outlining proposed work accomplishment rates which must be acceptable to the Government.

Supervisor Requirements - One English-speaking supervisor is required for each crew. The supervisor(s) may be required to be non-working if the work quality is not satisfactory. Persons designated by the Contractor as supervisors must actually perform in that capacity. The supervisor shall ensure the contract work is performed properly. The supervisor must, therefore, effectively direct the crew by (1) making periodic inspections of the crew's work, (2) advising them as to deficient work, and (3) providing instructions for correcting such deficiencies. Supervisors shall be identified by the Contractor at the prework conference. This person shall be capable of speaking and reading

English well enough to ensure good communications with the Project Inspector (PI). Any group of people without such an individual will not be considered a crew. Any changes in supervisory designations by the Contractor must be submitted in writing to the Contracting Officer’s Representative (COR) at least 24 hours prior to the change taking effect.

Campsites – Camping (or trailer) on government-administered lands will only be allowed in approved sites and with the prior written authorization of the Government. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. The Contractor shall provide, at a minimum, a portable toilet of sufficient capacity to accommodate the number of workers onsite for the length of stay. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the campsite(s) by the Contractor and disposed of offsite before final payment is made.

Security of Materials - The Contractor may leave its equipment and Government-furnished property at the work site.

The Contractor shall be responsible for the Contractor's equipment if it should be lost, stolen or damaged.

C.1.3 Location and Description

C.1.3.1 – Location: The project area is in sections 7, 8, 17, and 18, T 30 S, R 6 W. See Vicinity Map in Attachments.

C.1.3.2 - Description: The South Beaver project area consists of 11,500 acres of pinyon-juniper woodland and sage-steppe habitats, of which South Creek Rd. includes approximately 187 acres. Tree density ranges from 100 to 400 plus trees per acre. Slopes range from 0-25% in treatment units, with steeper areas interspersed and

140L5722Q0027 South Creek Rd. Stewardship Project 6 adjacent. The project area is accessible east of Interstate Highway 15 in Beaver, Utah. Interstate exit number 100 may be used to access Beaver, Utah. From Exit 100 travel north on S. Main Street approximately .5 miles to South Creek Rd. Follow South Creek Rd. approximately 6 miles to project area.

C.1.3.3 - Definitions.

BA - Basal Area, the cross-sectional square footage of trees on an average acre, measured at DRC.

Biomass - Any portion of any tree designated for cutting. The anticipated product use of this material is firewood or wood chips for fuel or mulch. Biomass is sometimes referred to as Miscellaneous Convertible Products (MCP).

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

CFR – Code of Federal Regulation

Buffered Area - Areas within the treatment units, delineated by flagging for the purpose of protecting sensitive plants or heritage resources. The areas are marked on the ground, they are not located on the project area map; however, a map with these areas shown will be available to the successful bidder.

DRC - Diameter at root crown; the diameter of a tree measured at the root crown, a point approximately 2 inches above the ground on the uphill side of the tree.

Drainage – ditches, culverts, water bars, drainage dips.

Kelly Humps – An earthen berm 4’ to 6’ in height and placed at a right angle to the road or trail in order to deny vehicle access.

Landing - Area used to stage (stockpile) and load forest products just prior to removal from the unit.

Leave Tree - A tree that is designated by the BLM, for ecological reasons, as required to leave uncut. Leave trees are any pinyon pine trees as described in Contract section C.3 SERVICE ACTIVITIES in the paragraphs under “Thinning of Pinyon and Juniper Trees.”

Project area - The area where all operations must be contained within, except for hauling.

SDI - Stand Density Index, a relative measure of competitive interaction between trees on a given site.

Shrub - A woody, perennial plant possessing a persistent woody stem that is generally without a well-defined main stem, and lower in stature than a tree. Examples include gamble oak, cliffrose, and maple.

Slash - Vegetative debris generated by Contractor's operation (i.e., limbs and tops; pre-commercial trees).

Snag - Any dead standing tree.

Stump Height – the height of the top of a stump above ground level. Specifications of this contract will be met when stumps do not exceed 6 inches measured from the ground on the uphill side or 4 inches above natural obstacles

(boulders, wildlife logs, etc.).

TPA - Trees Per Acre.

SECTION C.2 – TECHNICAL REQUIREMENTS

C.2.1 Project Area Maps. The boundaries of the Project Area and any units are shown on the attached map.

140L5722Q0027 South Creek Rd. Stewardship Project 7

Where applicable, the following are identified on the Project Area Map.

(a) Project units to which services will be performed.

(b) Service activity performed on a unit basis.

(c) Exclusion areas where service work and / or product removal is not required.

(d) Improvements to be protected according to Section C.5

The sale area and unit acreage are shown in Table C.2.2 Project units may be revised or dropped, and additional units may be established only by written agreement.

Table C.2.2. South Creek Rd. Stewardship-Summary by Unit of Treatment and Minimum Value

UNIT NUMBER UNIT ACRES

Items

Schedule A - Service

Items (acres)

Schedule B - Minimum

Value (Minimum Bid

$15/ac)/acres

1 2

Thinning of Pinyon and

Juniper Trees / Non-

Merchantable Biomass

Removal and Slash

Treatment

PJ Biomass Removal

1 38 38 $570.00

2 6 6 $90.00

3 20 20 $300.00

4 19 19 $285.00

5 28 28 $420.00

6 20 20 $300.00

7 5 5 $75.00

8 7 7 $105.00

9 18 18 $270.00

10 5 5 $75.00

11 7 7 $105.00

12 10 10 $150.00

13 4 4 $60.00

Total Acres 187 187 $2,805.00

Total Minimum Value

C.3 SERVICE ACTIVITIES

Purpose: The purpose of this work is to remove vegetative materials to protect and benefit other resources. All work will be done by hand / chainsaw. No mechanized tree felling will be permitted. Transport of cut material from stump to haul vehicles may be accomplished by hand or by the use of small vehicles (such as Pickup/ATV and trailer or small mechanized equipment). No material will be dragged (skidded) across the ground surface and thus cause soil displacement. Work includes the following:

ITEM / SERVICE ACTIVITY #0001

OVERSTORY REDUCTION TREATMENT / FUELS REDUCTION TREATMENT

140L5722Q0027 South Creek Rd. Stewardship Project 8

Thinning of Pinyon and Juniper Trees

Cutting: Cutting shall not include any brush/shrub species as defined above in C.1.3.3.

Any trees that are cut within the project boundaries shall be completely severed from the stump(s). No live or dead limbs shall be left on the stump of cut trees. Stump height shall not exceed 6 inches measured on the uphill side or 4 inches above an obstruction (rock, etc) located against the tree stump. All main branches or stems shall be cut from the trunk of the tree and shall be cut as flush with the trunk as feasible. Except for leave trees, all trees having a minimum height of 6 inches shall be cut. Leave trees will not be cut.

Cut all dead pinyon pine trees (except trees marked as leave with orange paint). Leave standing dead juniper for wildlife snags. Dead trees are not considered when applying the below spacing guides. Except for leave trees, all live trees having a minimum size of 1 inch Diameter Root Crown (DRC) and a height of 12 inches shall be cut. Leave trees will not be cut. Desirable leave trees vary by size and numbers of trees per acre according to the below tables.

The following tables will serve as guidelines for thinning live trees in all units.

Table C.3 SPACING GUIDES FOR TREES OF LIKE SIZE

Diameter at Root Collar (DRC)

[size class] Spacing Between Trees of Like Size

Target Trees Per Acre

(After treatment)

<8 inches [small] 25 feet 70

8 – 18 inches [medium] 45 feet 22

>18 inches [large] 65 feet 10

The following guidelines will be used for thinning trees of unlike size.

Table C.3.1 SPACING GUIDES FOR TREES OF UNLIKE SIZE

Size Classes Spacing Between Trees of Unlike Size

Small - Medium 35 feet

Small – Large 45 feet

Medium - Large 55 feet

With exception for some Wildlife Trees, as noted below, leave trees should be the healthiest trees with the least amount of physical damage. Various factors should be considered in the selection of trees to cut and remove. Thin live trees using the following guidelines to improve the health and vigor of leave trees and to open the area so understory species can increase.

a. Pinyon pine are preferred leave trees over juniper.

b. Trees with full, healthy crowns and free of disease and damage/deformity are preferred over sparse-crowns, diseased, damaged, or deformed trees.

c. Trees showing signs of good cone/nut production are preferred over trees without cone production (this may not be evident in some years but can often be seen by quantities of old cones littering the ground below good producing trees).

d. Trees containing visible nests or cavities (evidence of wildlife use), whether healthy or not.

e. Any trees, live or dead, marked with paint will be considered “leave trees.” These may include otherwise

“unhealthy” trees

140L5722Q0027 South Creek Rd. Stewardship Project 9

f. In areas where material cannot be removed due to rocky topography the cutting guidelines in stipulation C.3

(a - e) are to be modified as follows to keep the amount of project-created ground fuels to moderate levels.

Cut juniper except for large old juniper (DRC greater than 18”). Cut Pinyon pine less than 10” at root collar.

Non-Merchantable Biomass Removal and Slash Treatment

See C.4 Utilization Standard (below). Any non-merchantable biomass that exceeds 3” in diameter will be treated as follows (these stipulations address insect and fire-risk concerns):

• any remaining green pinyon pine slash >3” in diameter shall be cut into lengths not to exceed 18” and scattered in a sunny location.

• any remaining dead pinyon or green or dead juniper slash >3” in diameter shall be cut in lengths not to exceed 4’

• all slash shall be in contact with the ground and rise no higher than 24” above the ground

• all branches shall be severed from the main trunks of cut trees as close to the main stem as is feasible.

ITEM / SERVICE ACTIVITY #0002

TREE HARVEST AND PRODUCT UTILIZATION

Merchantable Biomass

All merchantable materials, per the Utilization Standard, are required removal for #0002. See Table C.4 below for minimum piece size. The contractor is encouraged to utilize smaller material, if possible, at no additional cost to the contractor.

C.4 UTILIZATION STANDARD

Utilization Standards for trees and minimum piece size are shown in the table below and described as included biomass. Technical proposals shall describe the type of equipment that will be used to cut and remove this material.

Table C.4 MINIMUM UTILIZATION STANDARDS

(Required removal)

Diameter at Root Collar (DRC) 8 inches

Number of Pieces per Tree One

Minimum Piece Length 6 feet

Minimum Small-End Diameter (inside bark) 3 inches

WORK SEQUENCE:

• Cutting and slash treatments shall be performed in an organized systematic manner as determined in the pre-work conference.

• All material cut between May 1 and August 31 must be removed per C.4 Utilization Standard and the non-merchantable slash treated per the following paragraphs within 6 weeks of cutting.

• Material cut between September 1 and April 30 must be removed per C.4 Utilization Standard and the non-merchantable slash treated per the following paragraphs by June 15 following the cutting treatment.

• Unless otherwise agreed to in writing by the Contracting Officer and the Contractor, no more than four Units may be open for work at any one time.

• Landings cannot exceed 10% of unit acres.

C.5 OPERATIONS

C.5.1 Statutory Compliance. Contractor agrees to conduct operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits, or other regulations. Failure to comply will be grounds for default in accordance with the Default clause. The contract shall govern if such laws conflict with or preclude performance of contractual requirements.

140L5722Q0027 South Creek Rd. Stewardship Project 10

C.5.2 Improvements. Contractor shall comply with the rules and regulations governing the operation of premises which are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of the BLM business.

Before any camp, quarry, borrow pit, storage, or service area is opened or operated on Public Lands, written permission shall be obtained through the BLM or the appropriate agency. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, shall be without charge to Contractor. Contractor must remove and dispose of all said improvements when no longer needed. The contractor will practice appropriate “Leave No Trace” techniquies including but not limiting to appropriate disposal of liter, human waste, and remaining campfire materials.

C.5.3 Protection of Improvements. Contractor shall protect Specified Roads and other improvements (such as fences, roads, trails, telephone lines, and ditches).

C.5.4 Protection of Improvements Not Owned by the BLM. The BLM will notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances affected by Contractor’s operations.

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

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

C.5.5 Protection of Land Survey Monuments. Contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees against any damage during Contractor’s operations.

C.5.6 Protection of Cultural Resources. Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16

U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-ll) (36 CFR 296.4 and 36

CFR 261.9(g)), shall be identified on the ground by the BLM. The BLM may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object, or artifact is discovered or identified. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the site is determined.

Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture against destruction, obliteration, removal, or damage during Contractor's operations. Contractor shall immediately notify the BLM if disturbance occurs to any known site and shall immediately halt operations in the vicinity of the site until the BLM authorizes the Contractor to proceed.

Contractor shall bear costs of evaluation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads, landings, tractor roads, or skid trails approved under C.5.2 and C.5.18. Contractor may be required to backblade skidtrails and other ground disturbed by Contractor's operations within such areas in lieu of cross ditching required under C 5.14.

C.5.7 Protection of Threatened, Endangered, and Endangered, and Sensitive Species. Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species

Act of 1973 or as sensitive plant and animal species on the BLM Utah Sensitive Species list are shown on Project Area

Map and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows:

140L5722Q0027 South Creek Rd. Stewardship Project 11

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed on the

Endangered Species List or the BLM Utah Sensitive Species list, the BLM may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the area is determined.

C.5.8 Operating Schedule. Contractor shall, before commencing operations, provide, in writing, an annual operating schedule of Bid Items / Service Activities and needs for operations, such as landing and skid trail locations and material delivery.

C.5.8.1 Sale Operation Restrictions. Unless otherwise agreed in writing, project operations shall be discontinued by the conditions listed below:

Operation Time Period Purpose

Off-road vehicle use

Except for times when soils are frozen, periods of wet weather (soil moisture greater than approximately 20%) as determined by the Contracting Officer. No operations will be conducted when the soil moisture is high enough to leave permanent indentations from equipment tires (rut depth must not exceed 3” in depth).

Avoid damage to soils

Travel on

BLM Roads

Except for times when soils are frozen, periods of wet weather as determined by the Contracting Officer when road conditions are poor. No operations will be conducted when the soil moisture is high enough to leave permanent indentations from equipment tires (rut depth must not exceed 5” in depth).

Avoid undue damage to roads

All Unless otherwise agreed to in writing, all contract operations will be suspended between April 1 and July 15, inclusive.

Protect migratory bird nesting.

C.5.9 Protection of Residual Trees and Shrubs. Contractor’s operations shall not unnecessarily damage trees to be reserved as described in C.3, above. Contractor’s operations shall not unnecessarily damage shrub species as defined in C.1.3.3. Access roads and trails should be kept to the minimum necessary for operations.

C.5.10 Safety. When Contractor's operations are in progress adjacent to or on the BLM controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls which provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor's operations.

A specific traffic control plan for each individual project shall be agreed to by the Contractor and the BLM prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flaggers and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and

Highways" and as shown on Drawings, Project Area Map, Traffic Control Plan, or in specifications attached hereto.

C.5.11 Sanitation and Servicing. Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s operations. If facilities for employees are established on Project Area, they shall be operated in a sanitary manner. Contractor shall not service tractors, trucks, or other equipment on BLM lands where servicing is likely to result in pollution to soil or water. Contractor shall remove from BLM lands all refuse resulting from use, servicing, repair, or abandonment of equipment. In the event that Contractor’s operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of the

BLM.

C.5.11.1 Prevention of Oil Spills. If Contractor maintains storage facilities for oil or oil products on Project Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill

Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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C.5.11.2 Hazardous Substances. Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of the Project Area that are caused by

Contractor’s operations or employees, directly or indirectly, in accordance with 40 CFR 302.

C.5.12 Equipment Cleaning. Contractor shall insure that all off-road equipment moved on to BLM administered land under this contract is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. For purposes of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to the BLM is available at the Cedar City Field Office for this contract. Equipment will also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds. Project Area Map shows such areas known by the BLM prior to advertisement. Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of this clause and shall notify Contracting Officer at least 10 working days prior to moving each piece of equipment on to BLM administered land, unless otherwise agreed. Notification will include identifying the location of the equipment's most recent operations. If the prior location of the equipment cannot be identified, Contracting Officer may assume that it was infested with noxious weed seeds. Upon request of Contracting Officer, arrangements will be made for Contracting Officer to inspect each piece of equipment prior to it being placed in service. Contractor shall certify in writing, compliance with the terms of this clause prior to each start-up of contract operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be moved in later, will be identified. For the purposes of this clause, "off-road equipment" includes all construction and logging machinery except for log trucks, chip vans, pickup trucks, and cars or other highway vehicles used for daily transport of personnel. If Contractor desires to clean equipment on Public Lands, such as at the end of a project prior to moving to a new project, Contractor and Contracting Officer shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any. New infestations of noxious weeds of concern to the BLM, identified by either Contractor or the BLM, on BLM land in the Project Area or on the route to the Project Area shall be promptly reported to the other party. Both parties shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found.

C.5.13 Felling. Felling shall be done to minimize damage to residual trees and shrubs. Unless agreed otherwise, felling shall be done by saws.

C.5.13.1 Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, a maximum height of 6”

(or 4” above an obstacle immediately adjacent to the stump that interferes with severing the tree below the 6” height).

C.5.13.2 Landings and Skid Trails. Locations of all landings, tractor roads, and skid trails shall be agreed upon and approved by the BLM prior to their construction. The cleared or excavated size of landings shall not exceed that needed for safe and efficient skidding and loading operations.

C.5.14 Streamcourse Protection. “Streamcourses” that are subject to provisions of this section are shown on the Project Area map. Unless otherwise agreed, the following measures shall be observed to protect streamcourses:

• Contractor’s operations shall be conducted to prevent debris from entering streamcourses. In the event Contractor causes debris to enter streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, Contractor must remove debris within 48 hours.

• Culverts and bridges shall be required on temporary roads at all points where it is necessary to cross streamcourses.

Trees or products may not be hauled or yarded across stream courses unless fully suspended.

• Wheeled or track-laying equipment shall not be operated in streamcourses, unless designated by the BLM.

• The Contractor shall follow the State of Utah’s Forest Water Quality Guidelines.

C.5.15 Erosion Prevention and Control. The Contractor shall: (a) avoid operating equipment when soil conditions are such that excessive damage will result; (b) construct erosion control structures as needed to control erosion; (c) repair promptly any existing erosion control structures damaged by the Contractor's operations; (d) complete seasonal erosion control work prior to the Contractor suspending operations; and (e) perform other soil erosion control work that may be required under this contract.

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C.5.15.1 Meadows. Vehicular or skidding equipment shall not be used on meadows, except where roads, landings, and tractor roads are approved by Contracting Officer or designee.

C.5.15.2 Wetlands. Vehicular or skidding equipment shall not be used in wetlands as defined in Executive Order

11990.

C.5.16 Slash Disposal. Specific slash disposal measures are described below:

Slashing. Any material which falls outside of the unit shall be returned to a minimum of 10’ inside of the boundary.

Slashed vegetation shall be felled along the contour as much as possible for water runoff soil movement protection.

All slash less than 6” in diameter at the large end will lie within 2’ of the ground. Slash 6” and larger in diameter at the large end shall be made to lie flat on the ground. Slash may be used to aid in the closure of temporary roads created by the Contractor’s operations.

Lopping. Unless otherwise agreed to by the BLM, Contractor shall cut all exposed limbs from Included Trees. Such limbing shall be done to a top diameter of approximately 3” diameter outside bark, at which point the top will be cut from the remainder of the stem. Limbs shall be severed from the remaining top and all limbs cut from the top and boles will not extend over 24” in height above the ground.

C.5.16.1 Chipping. Chipping will be performed in areas approved by the COR and all equipment associated with the chipping, loading, and hauling of materials will be required to travel on designated routes. If it is not planned to use the mulch or chips created by chipping, then the chips must be spread across the project area.

C.5.17 Measuring. The estimated quantity of biomass listed in this contract has been determined on a per-acre method. The quantities are estimates only, and the Contractor is encouraged to independently determine quantities prior to bidding. The estimate is a lump sum estimate only with no guarantee of total volume. The Contractor is strongly encouraged to verify the lump sum estimate to his satisfaction prior to entering into a contract agreement.

C.5.17.1 Product Identification. N/A

C.5.17.2 Hauling. The BLM and Contractor shall agree upon the haul route prior to use.

C.5.18 Road Use and Maintenance Fees

5.18.1 The Contractor will be authorized to use BLM roads for the removal of biomass provided that the Contractor shall maintain the road surface free of ruts and insure proper draining at all times.

5.18.2 No hauling operations on the contract area shall be undertaken across private lands until the Contractor has secured from the owner or other authorized person permission for the use of private land or roads. Prior to use of lands not under the jurisdiction of the Bureau of Land Management, the Contractor shall furnish the CO a copy of a road use agreement or permission document.

5.18.3 Contractor shall be responsible for repair of all damage to roads or structures caused by the use of overweight or over-dimension vehicles (1) without written approval, (2) in violation of the conditions of a written approval or (3) in a negligent manner. The amount of actual damage shall be determined by the CO following a technical inspection and evaluation.

(End of Section C)

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SECTION D – PACKAGING AND MARKING

Not Used

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SECTION E – INSPECTION AND ACCEPTANCE

E.1.0 Inspections. The Contracting Officer will conduct Government inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Government inspections will consist of:

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

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

QUALITY CONTROL INSPECTION PLAN

Table E.1.1

PERFORMANCE REQUIREMENTS SUMMARY

REQUIREMENT QUALITY STANDARDS

ACCEPTABLE QUALITY LEVEL

(WORK QUALTIY PERCENTAGE)

Optional Biomass

Utilization

100% removal of all portions of cut trees in excess of 3” in diameter.

With the exception of utilization standards set forth in C.4, utilization is at the discretion of the Contractor. The BLM desires utilization of all cut material in excess of 3” in diameter. Conformance with C.4 will be

>90%.

Slash Treatment

100% slash removal or residual treatment by:

2)1) Lopping into lengths not to exceed 4 feet

(18” for green pinyon material that is greater than 3” in diameter) and lying within 24 inches of ground level.

>90%

Leave Tree Selection Leave tree selection conforms with C.2 and

C.3.

Conformance will be based on tree selection guides in C.2 and C.3 inclusive of TPA and

Spacing guides in the Tables C.2, and 3.

Healthy trees are retained and diseased, damaged, or dying trees area cut.

Conformance will be >80%.

E.1.1 Government Inspections

Contractor’s compliance with service work and product removal specifications will be evaluated by a visual inspection. Payment will not be made until deficiencies in cutting trees required to be cut or in removing biomass included in Table C.4 are corrected.

E.1.2 Disputed Inspection.

When formal inspection by the Government is accomplished through visual inspection, the Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within ten days after receipt of the Contractor's written request. The same inspection procedures will be used. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples.

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If re-inspection results are still unacceptable without re-work, the Contractor shall pay the actual costs incurred by the

Government for the re-inspection. Actual costs will be determined by the use of detailed logs indicating time spent, transportation utilized, etc.

E.1.3 Re-inspection after Rework.

The Government will charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary.

E.1.4 Documentation: Listed below are documents associated with this Stewardship project. Most of these items can be reviewed at the:

Cedar City Field office

176 D.L. Sargent Drive

Cedar City, Utah 84721

Phone: 435-865-3000

Hours: 8:00 a.m. to 4:30 p.m. (MST, Daylight Savings Time applies) Monday through Friday

A. The South Beaver EA

B. Period of Performance – Not to exceed 2 calendar years

C. 43 CFR 5400 – Sales of Forest Products

E.2.0 RATES OF PAYMENT

E.2.1 Current Contract Rates. Included trees that are designated for cutting shall be paid for or stewardship credits established at the rates specified in this contract.

E.2.2 Rate Redetermination. Contract unit prices (Rates) may be redetermined as set forth is this section. This only includes rates for contract items.

E.2.2.1 Rate Redetermination for Environmental Modification or Catastrophic Damage. In the event of a contract modification under the Changes Clause due to environmental modification or catastrophic damage, the

Contracting Officer may require a new Treatment Plan and Contract unit prices. The new Treatment Plan and Rates must be agreed upon by the Contractor and the BLM or the contract may terminated in accordance with the contractual provisions.

E.2.3 Other Payment Rates. If leave trees are found to be cut by mistake, or leave trees are damaged without negligence or unnecessarily damaged or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. This will be likely to cause substantial silvicultural or other damage to public lands. It will be difficult, if not impossible, to determine the amount of such damage. Therefore, the Contractor shall pay a rate of $100.00 per tree for neglegant and/or inadvertent cutting or willfully damaging of trees. If designated, Contractor shall remove such damaged or cut trees.

E.2.4 Explanations. In order to address all possible scenarios that could be involved in this Stewardship Contracting

Action, the following explanation is provided:

In stewardship contracts, the Contractor has the additional option of utilizing earned stewardship credits in lieu of an advance payment or a payment bond.

The scenarios described below are separated into three main categories, based on the specific stewardship contract situation. They are:

1. Stewardship Contracts where the Service Cost is greater than Product Value

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2. Stewardship Contracts where the Product Value greater than the Service Cost

3. Stewardship Contracts where Product Value and Service Cost are equal

(1). Stewardship Contracts where the Service Cost is greater than Product Value

The end result of this stewardship contracting category is a payment by the BLM to the Contractor that should total the difference of the Service Cost minus the Product Value. Stewardship contracting provisions allow for the harvesting of the forest product (the Product Value portion of the contract) prior to the performance of the service work. BLM regulations require that prior to the cutting and removal of forest products, a Contractor who has not yet earned stewardship credits must either pay the BLM the value of this wood or provide some form of payment bond.

a. Contractor harvests products prior to performing service work

Follow one of the below:

1) The Contractor submits a cash payment(s) for the bid value of the forest products to the BLM prior to cutting/removal of forest products. This may be done on a payment unit basis. Once service work is completed, the contractor invoices the government for the full contract cost (bid rate) of service work.

2) The Contractor submits a cash payment(s) for the value of the forest products to the BLM prior to the cutting/removal of forest products. Once the Contractor performs service work that exceeds the value of the product removed, the payments deposited earlier should be refunded back to the Contractor.

3) The Contractor has the option of utilizing a payment bond or a cash payment bond in lieu of a cash payment prior to the cutting or removal of any forest products.

b. Contractor performs service work prior to harvesting products

The Contractor will earn stewardship credits at the rate and value specified in the contract. The Contractor is permitted to cut/remove forest products up to the value of the earned stewardship credits without any advance payment or form of security.

(2.) Stewardship Contracts where the Product Value is greater than Service Cost

The end result of this stewardship contracting category is a payment by the Contractor to the BLM that should total the difference of the Product Value minus the Service Cost.

If the Contractor continues to harvest products above the threshold and prior to performing the service work in the contract, payments similar to the discussion in 1.a above, must be provided by the contractor.

As the Contractor performs service work and earns stewardship credits, the value of those credits earned can be used to offset any product value payments until all service work is completed. Once this service work is completed and accepted by the BLM, refunds of this overpayment (the amount over the threshold) can be processed.

The Contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products.

Stewardship credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

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The Contractor will earn stewardship credits at the rate and value specified in the contract. The Contractor is permitted to cut/remove forest products up to the value of the earned stewardship credits. No payments to the BLM will be necessary until the value of the forest products cut/removed exceeds the earned stewardship credits.

(3.) Stewardship Contracts where there is equal Product Value and Service Cost

While the end result of this stewardship contracting category is no final payments by the Contractor or the BLM, as the contract progresses there may be some Finance entries.

The discussion in Scenario (1).a is applicable here.

The discussion in Scenario (1).b is applicable here.

E.3.0 PAYMENTS.

If payment is to be made to the contract for work performed, it will be made in accordance with FAR 52.232-1 –

Payments.

The value of work and biomass being removed will be documented in a…