SF-33

PART I -- THE SCHEDULE

**[SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS]{.underline}**

**B.1 [SCHEDULE OF ITEMS]{.underline}**

  -------------------- -------------------------------- ------------------------- ------------------------ ---------------------- --------------------------
  **[Item              **[Description]{.underline}**    **[Estimated              **[Unit]{.underline}**   **[Unit                **[Amount]{.underline}**
  No.]{.underline}**                                    Quantity]{.underline}**                            Price]{.underline}**   

  **1.**               **Mechanized thinning and                                                                                  
                       removal of both sawlog and                                                                                 
                       biomass material, stump                                                                                    
                       treatment, hand pile                                                                                       
                       roadside/view area and machine                                                                             
                       pile landing slash, road                                                                                   
                       maintenance, dust abatement,                                                                               
                       erosion control and sub soiling                                                                            
                       (scarification) of landings.                                                                               
                       Prattville Forest Recovery DFPZ,                                                                           
                       Units:**                                                                                                   

  A                    4                                53                        acre                                            

  B                    5                                15                        acre                                            

  C                    11                               23                        acre                                            

  D                    22                               16                        acre                                            

  E                    24                               13                        acre                                            

  F                    27                               4                         acre                                            

  G                    30                               33                        acre                                            

  H                    31 A & B                         15                        acre                                            

  I                    32 A                             219                       acre                                            

  J                    32 B                             277                       acre                                            

  K                    32 C                             308                       acre                                            

  L                    32 D                             124                       acre                                            

  M                    34                               6                         acre                                            

  N                    51                               19                        acre                                            

  O                    56                               18                        acre                                            

  P                    57                               20                        acre                                            

  Q                    60                               12                        acre                                            

  R                    64 A & B                         35                        acre                                            

  S                    68                               21                        acre                                            

  T                    71                               8                         acre                                            

  U                    78                               33                        acre                                            

  V                    86                               50                        acre                                            

  W                    91                               6                         acre                                            

  X                    95                               6                         acre                                            

  Y                    97                               [22]{.underline}          acre                                            

                                                                                                                                  

                       **[Total Item 1]{.underline}**   **1356**                                           **\$\_\_\_\_\_**       **\$\_\_\_\_\_**

                                                                                                                                  

                                                                                                                                  

                                                                                                                                  

                                                                                                                                  
  -------------------- -------------------------------- ------------------------- ------------------------ ---------------------- --------------------------

**B.2 [ALTERNATIVE PAYMENT METHODS]{.underline}**

This contract provides for payments to the Contractor through several
alternative methods. The contract awardee will select the specific
method of payment and the designation of the payment office prior to
contract award. The alternative payment methods are;

(a) Payment made in accordance with the Prompt Payment clause processed
    by Financial Operations, Plumas National Forest, Quincy, California.
    Payment will be by Electronic Funds Transfer (EFT); or

(b) Payment made in accordance with the Discount for Prompt Payment
    clause and Payment by Third Party clause processed by the
    Contracting Officer. Payment will be by VISA credit card or check.
    See Clause I.9, Payment by Third Party, FAR 52.232-36, page 36.

**B.3 [SITE VISIT]{.underline}**

\(a\) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3,
Site Investigations and Conditions Affecting the Work, will be included
in any contract awarded as a result of this solicitation. Accordingly,
offerors or quoters are urged and expected to inspect the site where the
work will be performed.

\(b\) An organized site visit has been scheduled for\--

**[Wednesday, August 16, 2000, at 0900 hours.]{.underline}**

\(c\) Participants will meet at\--

**[Almanor Ranger Station, 900 Hwy. 36, Chester, CA]{.underline}**

For additional information concerning the project requirements, contact
Robin Bryant, Acting District Timber Management Officer, (530) 258-2141.

For additional information concerning the procurement process or
contract terms and conditions, contact Miley Sutherland, Contracting
Officer, (530) 252-6621.

**[SECTION C --DESCRIPTION/SPECIFICATIONS/WORK STATEMENT]{.underline}**

### 

**C.1 [GENERAL REQUIREMENTS]{.underline}**

**C.1.1 [Background]{.underline}**

This contract combines several processes that have historically been
accomplished by numerous individual contracts. In the past, contracts
have been awarded for logging, fuel reduction, precommercial thinning,
and subsoiling all in the same general area. Each of these was designed
to meet the management objectives for a narrow range of resources. Fuel
reduction was for fire management goals while logging and thinning were
for forest health goals, and subsoiling was for soils and hydrology
goals. This contract combines all of these operations into one contract
to take advantage of the efficiencies of having one larger operation to
meet multiple objectives.

The project area contains 1,356 acres within treatment units. The
boundaries of the project area are shown on the attached Contract map,
which is made part of this contract. All Contract map detail indicating
location is approximate, therefore, actual locations, as the Forest
Service has designated on the ground take precedence over the Contract
Map.

The environmental documentation (Prattville Forest Recovery Project
Environmental Assessment) for this project is available for review at
the Almanor Ranger District office in Chester, California.

**C.1.2 [Scope of Contract]{.underline}**

The purpose of this contract is to secure a complete set of services to
accomplish stand treatments identified in the Prattville Forest Recovery
Project Environmental Assessment, specifically, the reduction of
existing fuels through: tree thinning; retention of the largest trees;
and removal of biomass and small sawlog material. The needs in each unit
may vary from a mixture of all the above tasks to only one single task.
The contractor shall, considering given sets of resource objectives for
each unit, develop a plan of operations to accomplish these objectives,
and organize and direct all of 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.

Utilizable material shall be purchased from the Government under the
terms of a 2400-3 Timber Sale Contract attached as Exhibit B. Within 30
days following award of the service contract the contractor shall sign
and execute the 2400-3 Timber Sale Contract AND make a 10 percent
downpayment based on the total estimate value. Failure to execute the
timber sale contract and provide the downpayment by the date due is
cause for termination of the service contract.

**C.1.3 [Location and Description]{.underline}** The project is located
approximately 6 miles southeast of Chester, CA. off State Highway 89.

> **C.1.3.1 [Location]{.underline}** See Map Exhibit A-1.
>
> **C.1.3.2 [Description]{.underline}** The project area consists of
> forested stands dominated by gentle slopes less than 30

percent. It is expected that ground based equipment will be used on all
units.

The project area is comprised of one (1) bid item.

Item 1 - Thinning (see also C.2.3.1), is comprised of thinning 1356
acres of forested stands on ground that is all workable with ground
based machinery and removing utilizable products (see C.2.3.1.4). Volume
estimates for products are stated in Exhibit B, FS-2400-3 Timber Sale
Contract. Item 1 also includes: Hand and Machine Piling of Contractor
created slash within View Areas and roads (see C.2.3.1.6), Road
Maintenance and Dust Abatement (see C.2.3.1.7) of roads used for
contract operations, Erosion Control measures necessary for soil and
water resource protection and Sub Soil Scarification of Landings (see
C.2.3.1.9).

> **C.1.3.3 [Boundaries]{.underline}** A map is attached as Exhibit A-1,
> showing the location of the unit boundaries.

Exterior boundaries of all units are marked in the field with blue
flagging and orange boundary paint facing into the unit and along the
boundary. Boundaries are not painted along existing roads.

> **C.1.3.4 [Access]{.underline}** Access to all items exist and will
> require some road maintenance. See C.1.3.6 and C.3.6

for restrictions.

> **C.1.3.5 [Maps]{.underline}** The size, shape, and location of the
> contract units were mapped by utilizing the Global

Positioning Satellite (GPS) technology. Positions of the features shown
on the maps are approximate.

> **C.1.3.6 [Restrictions on Work]{.underline}** Work may be performed
> at any time during the period of the contract,

except as outlined in this part. Nothing in this part shall be construed
to take away any of the Government\'s rights under the Suspension of
Work Clause (52.242-14, Page 19, Item F.8). Restrictions are as follows:

1\. In accordance with the fire plan, attached in Section J.

2\. When Contracting Officer Representative has determined that adverse
weather has made access, haul, or skidding too dangerous, or that
continued vehicular travel would cause unacceptable road, landing, or
skid trail damage. If damage to roads, landings, or skid trails occurs,
it shall be mitigated according to Specifications C.2.3.1.7 and 2.3.1.9.

3\. Within a sub-item boundary, the Government may exclude no work areas
such as: rocky areas, wildlife areas, wet areas, streamside buffers, and
other special areas. No-work areas will be designated by the Contracting
Officer\'s Representative. Payment will not be made for no-work areas
greater than one acre in size.

4\. Limited Operating Periods: Refer to Exhibit A-2 for a map of the
Limited Operating Periods. Individual Limited Operating Periods may be
lifted at the discretion of the Contracting Officer when site specific
conditions warranted a reduction in the time period.

Sub-items 1.a, 1.c, 1.p, q, 1.u, 1.x, and 1.y (Units 4 - *east half*,
11, 57, 60, 78, 95 and 97:) no operations shall be allowed between April
1 and August 31, due to wildlife restrictions (within ¼ mile of all
active Osprey nest sites).

Sub-items 1.g, 1h, 1.k, and 1.n (Units 30, 31B - *between road 27N03 and
Highway 89*, 32C, and 51): no operations shall be allowed between
November 1 and August 31, due to wildlife restrictions (within
designated Bald Eagle territory, and active nests).

If winter roosts are identified during the contract period, a limited
operation period will be put in place at that time. (Sub-items/Units -
none known at this time): no operations shall be allowed between
November 1 and March 1, due to wildlife restrictions (Bald Eagle Winter
Roosts).

Sub-items 1.r and 1.s (Units 64B and 68): no operations shall be allowed
between March 1 and August 31, due to wildlife restrictions (within ¼
mile of a California spotted owl protected activity center boundary).

Sub-items 1.i and 1.w (Units 32A -- *southwest corner,* and 91): no
operations shall be allowed between March 1 and September 15, due to
wildlife restrictions (within ¼ mile of Goshawk nest site).

Sub-items 1.r, 1.s, 1.t, and 1.w (Units 64A&B, 68, 71, and 91): no
operations shall be allowed between March 1 and August 1, due to
wildlife restrictions (within ½ mile of suitable marten or fisher den
habitat).

Sub-items 1a, 1.b, and 1.c (Units 4, 5 and 11): no operations shall be
allowed between December 26 and April 15 to maintain winter sports
opportunities in the vicinity of County Road 307 and 308, and the
portion of the Almanor Recreation Trail from the Almanor West
Development to the Almanor North Campground. Hauling shall not be
allowed on County Roads 307 and 308 during this period.

5\. Location of areas needing special measures for protection of plants,
animals and heritage resources are shown on individual unit maps and
identified on the ground with red and white striped flagging. If a
Limited Operating Period is needed for such protection, the dates of
restricted activity are shown on the project area map and listed above.

6\. If protection measures prove inadequate, if other such areas are
discovered, or if new species are listed or found during the term of the
contract, the Forest Service may modify under clause 52.243-01 Alternate
1 ( Page 38, Item I.12)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.

**C.1.3.7 [Definitions]{.underline}**

**[Additional Timber]{.underline}** - Any sawlog size tree that is
designated and agreed to by the Contracting Officer after contract
award.

**[Best Management Practice (BMP)]{.underline}** - An alternative
structural or nonstructural practice approved by the California Regional
Water Quality Board for the effective manual erosion control and
management of surface runoff. BMP\'s are described in Chapter 30 of the
Forest Service Manual (the BMP Handbook).

**[Biomass]{.underline}** - Any portion of any tree, designated for
cutting, which does not meet the utilization standards for Sawlog set
forth in the contract, but has a small end diameter of one (1) inch, or
greater, and is six (6) feet, or greater, in length. The anticipated
product of this material is wood chip for fuel or mulch. This material
includes non-sawlog quality products. Biomass is sometimes referred to
as Miscellaneous Convertible Products.

**[Bole]{.underline}** - Stem portion of a tree.

**[Conifer]{.underline}** - A cone-bearing tree with needles or leaf
scales (e.g. pine, fir, cedar).

**[Cut-tree]{.underline}** - A tree that is designated by the Forest
Service for felling. Designated cut-trees are either marked for removal
with blue paint, or not marked in area designated with leave trees
marked in white paint, meeting the specifications listed under C.2.3.1.2
and C.2.3.1.3. Leave trees marked with white paint shall not be cut.
Trees marked for boundaries (orange paint) shall not be cut. Trees
marked with a combination of paint colors that include white paint shall
not be cut.

**[Damaged Trees]{.underline}** - Any tree with one or more of the
following injuries:

1\. Any true fir that has any bark cut or removed to the cambium from
more than 25% of the circumference of the bole.

2\. Any tree that has had 25% or more of the live limbs or branches
broken or removed by any operation.

**[DBH]{.underline}** - Diameter at breast height; the diameter of a
tree measured at a point 4.5 feet above the ground on the uphill side of
the tree.

**[DFPZ]{.underline}** - Defensible Fuels Profile Zone, also referred to
as \"shaded fuel break\". A strategically located strip or block of land
approximately one quarter to one half mile wide on which the vegetation
has been changed by a variety of fuel treatments into a fuel profile
with an acceptable fire spread rate and intensity. DFPZ\'s shall not be
constructed inside Riparian Habitat Conservation Areas (RHCA).

**[DSH]{.underline}** - Diameter at stump height; the diameter measured
at a point six (6) inches above the ground on the uphill side of the
tree or stump.

**[Hardwood]{.underline}** - A tree with broad leaves rather than
needles (i.e. aspen, willow, etc.).

**[Incomplete Marking]{.underline}** -- Forest Service designation of
Leave Trees or Individual Cut Trees is not complete in some units.
Forest Service will complete the marking of these units prior to
contractor operations. Boundaries of Incompletely Marked units have been
designated in advance with Orange Paint. Sample mark areas for both
Individual Tree Marking (ITM) and Leave Tree marking (LTM) have been
completed. See contract map for the location of sample mark areas.

**[Improvement]{.underline}** -- All roads, trails, ditches, land survey
corners, telephone lines, power lines, fences, buildings and structures,
recreational development sites, research plots, septic systems, water
guzzlers and similar items which the contractor must protect during
operations. Refer to C.3.3 Other Resource Protection.

**[Leave Tree]{.underline}** - Conifers planned to become part of the
forest canopy in the long term. A leave tree is determined by both
spacing and vigor of existing conifers. Any tree marked with white paint
in a Leave Tree Marked unit is a leave tree and shall not be cut. Trees
marked with orange paint, to determine units boundaries are leave trees,
and shall not be cut. Trees marked with a combination of paint colors
that include white paint shall not be cut. In Individual Tree Marked
units, trees not designated for removal with blue paint are Leave Trees
and shall be protected from damage during operations

**[Reserve Trees]{.underline}** -- Trees identified to be resistant to
white pine blister rust and trees identified as candidates for blister
rust resistance. Rust Resistant Sugar pine trees and Candidate trees are
marked with orange painted RRSP and or RT. These trees are identified on
the project map in Exhibit A-1, Section J.

**[Riparian Habitat Conservation Areas (RHCA)]{.underline}** - Generally
an area which owes its biological and physical characteristics to the
presence of surface or near surface ground water, including stream
courses, riparian habitat, drainage ways, meadows, vernal pools, and
other areas of water influence. The RHCA buffer width requirements were
identified by the Scientific Analysis Team (SAT) Report (Viability
Assessment and Management Considerations for Species Associated wit
Late-Successional and Old-Growth Forests of the Pacific Northwest, The
Report of The Scientific Analysis Team, USDA Forest Service, March
1993).

**[Sawlog]{.underline}** - Any log length, of any tree designated for
cutting, which meet the utilization standards of 25% sound wood, ten
feet minimum length and a small end minimum diameter of six (6) inches.
The anticipated product of the Sawlog material is lumber.

**[Slash]{.underline}** - Vegetative debris generated by Contractor\'s
Operations that measures 1-2.9 inches in diameter on the large end and
3-5.9 feet in length. Within DFPZ\'s slash shall also include brush cut
by Contractor\'s operations.

**[Snag]{.underline}** - Any standing conifer tree without green
needles.

**[Subsoiling (Scarification)]{.underline}** - Tilling or breaking up
the compacted layers of the soil without destroying soil structure or
mixing soil layers.

**[Thinning]{.underline}** - The cutting of trees in excess of those to
be left for future stand needs.

**[Upper Limit Diameter Breast Height]{.underline}** - The diameter
breast height at which trees equal to or larger than may not be cut or
removed. Trees equal to or larger that the Upper Limit Diameter are
needed for retention to meet the Interim Guidelines for Management of
California Spotted Owls (CASPO).

**[Utilization]{.underline}** - The removal of all felled and yarded
material from National Forest land. Forms of utilization include chips,
logs, fuel wood, posts, etc.

**C.2 [TECHNICAL REQUIREMENTS]{.underline}**

**C.2.1 [Desired End Result]{.underline}** The desired end result of
this project is to achieve the following:

1\. Reduce ladder and surface fuels, thereby reducing the susceptibility
of the forest to catastrophic losses caused by wildfire,

2\. Open gaps in the canopy and retain the largest trees, thereby
restoring fire resiliency in stands located in high risk fire areas,

The method of accomplishing these objectives may consist of a
combination of tasks where in the past, each task was intended to meet a
single resource management objective. Treatment on each item may vary
from using only one type of task to using a combination of many of these
tasks. The desired result should minimize the need for any further
mechanical treatment for the next ten years.

**C.2.2 [Detailed Requirements]{.underline}**

A proposed treatment plan and schedule shall be prepared by the
Contractor and be reviewed and approved by the Contracting Officer
before starting work in each unit. The proposed treatment plan shall
include information on what tasks will be used to meet the resource
management objectives, what equipment will be used, a schedule of work,
and what protection measures will be used to protect specific features.
The proposed treatment plan shall discuss any suggested changes to the
resource objectives, boundaries or exclusions due to new information
discovered during a field reconnaissance.

**C.2.3 [Work Standards]{.underline}**

**C.2.3.1 [Item 1 -- Thinning]{.underline}** This includes various
activities to increase the health and vigor of residual trees and modify
the quantity and/or arrangement of live and dead forest fuels to reduce
fire size, severity, and level of resource damage. The methods to
accomplish thinning include mechanized harvesting with ground based
skidding, hand piling, and removing utilizable material.

Thinning in this contract is defined by the diameter of trees that are
to be cut by either Area Designation (Orange painted harvest unit
boundaries) with white painted Leave Tree Marking (LTM) or are
Individually Tree Marked for cutting with blue tree marking paint (ITM).
A detailed table for each unit is located in section C.2.3.1.1. This
project is Incompletely Marked, in some units marking of either leave
trees or cut trees was not accomplished prior to solicitation. Subitems
identified as incompletely marked will be designated by the Forest
Service in advance of harvesting operations. Boundaries of incompletely
marked units has been accomplished on the ground with orange paint.
Forest Service marking prescription is described in section C.2.3.1.2.

> **C.2.3.1.1 [Unit Thinning Specifications]{.underline}**

The table below sets the parameters for thinning in each unit:

**Prattville Forest Recovery DFPZ**

+------+----------+------------------+---------------------+----------+
| >    | >        | **Status of      | > **Diameter Range  | >        |
| **Un | **Method | Marking**        | > of Trees to be    |  **Upper |
| it** | > of     |                  | > removed (DBH)**   | > Limit  |
|      | > Desig  |                  |                     | > DBH**  |
|      | nation** |                  |                     |          |
+------+----------+------------------+---------------------+----------+
| 4    | ITM      | Incompletely     | 3.0 " to 15.9".     | > 16.0"  |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 5    | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 11   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 22   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 24   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 27   | > ITM    | Complete         | 3.0 " to 15.9".     | 16.0"    |
+------+----------+------------------+---------------------+----------+
| 30   | > ITM    | > Complete       | 3.0 " to 15.9".     | 16.0"    |
+------+----------+------------------+---------------------+----------+
| 31A  | > ITM    | Complete         | 3.0 " to 15.9".     | 16.0"    |
| & B  |          |                  |                     |          |
+------+----------+------------------+---------------------+----------+
| 32A  | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 32B  | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 32C  | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 32D  | > LTM    | Incompletely     | 3.0 " to 29.9".     | 30.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 34   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 51   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 56   | > ITM    | Incompletely     | 3.0" to 17.9".      | > 18.0"  |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 57   | > ITM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 60   | > ITM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 64 A | > ITM    | Complete         | 3.0 " to 15.9".     | 16.0"    |
| & B  |          |                  |                     |          |
+------+----------+------------------+---------------------+----------+
| 68   | > ITM    | Complete         | 3.0 " to 15.9".     | 16.0"    |
+------+----------+------------------+---------------------+----------+
| 71   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 78   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 86   | > ITM    | Complete         | 3.0" to 15.9".      | 16.0"    |
+------+----------+------------------+---------------------+----------+
| 91   | > LTM    | Incompletely     | 3.0 " to 15.9".     | 16.0"    |
|      |          | Marked           |                     |          |
+------+----------+------------------+---------------------+----------+
| 95   | > ITM    | Complete         | 3.0" to 17.9".      | > 18.0"  |
+------+----------+------------------+---------------------+----------+
| 97   | > ITM    | Complete         | 3.0" to 17.9".      | > 18.0"  |
+------+----------+------------------+---------------------+----------+

Tree designation will follow the above table.

**C.2.3.1.2 [Marking Prescription for Incompletely Marked
Units]{.underline}** The column headed as Diameter Range of trees to be
removed in the table under Section C.2.3.1.1 indicates the diameter
range of trees within each unit shown that may be removed. Trees in this
diameter range that are not needed to meet stocking retention guidelines
will be designated for removal by the Forest Service. Trees larger than
the Upper Limit DBH will not be marked for removal regardless of
residual stocking levels. All trees not designated for removal are
considered to be leave trees and are subject to damage restrictions.

Forest Service shall designate trees for removal that are not necessary
to meet the stocking guidelines listed in table C.2.3.1.2.1 below.

# C.2.3.1.2.1 Stocking Guidelines for Defensible Fuels Profile Zones

+---------+---------+-----------+---------+-------------+-----------+
| *       | *       | *Average  | *       | *Average    | *Average  |
| Average | Average | Leave*    | Average | Crown       | Leave     |
| Leave   | S       |           | Basal   | Radius*     | Crown     |
| Tree    | pacing* | *(trees   | Area*   |             | Closure*  |
| DBH*    |         | per       |         | *(feet)*    |           |
|         | *       | acre)*    | *(sq.   |             | *(%)*     |
| *(i     | (feet)* |           | ft.)*   |             |           |
| nches)* |         |           |         |             |           |
+---------+---------+-----------+---------+-------------+-----------+
| *4 --   | *16 \*  | *170*     | *33*    | *3.5*       | *15*      |
| 8*      | 16*     |           |         |             |           |
+---------+---------+-----------+---------+-------------+-----------+
| *9 --   | *18 \*  | *134*     | *90*    | *4.5 --     | *24*      |
| 12*     | 18*     |           |         | 5.5*        |           |
+---------+---------+-----------+---------+-------------+-----------+
| *13 --  | *20 \*  | *110*     | *135*   | *5.6 --     | *31*      |
| 16*     | 20*     |           |         | 7.0*        |           |
+---------+---------+-----------+---------+-------------+-----------+
| *16 +*  | *22 \*  | *90*      | *195*   | *\>7.7*     | *40*      |
|         | 22*     |           |         |             |           |
+---------+---------+-----------+---------+-------------+-----------+

1\. Leave all trees larger than the unit specific Upper Limit diameter.

2\. Meet snag retention guidelines for DFPZ.

3\. Thin from below whenever possible, removing smaller poorer formed
trees, and reducing fuel ladders.

4\. Clump up to four codominant trees and vary the spacing up to 25
percent to leave the most desirable future crop tree. However, the
number of leave trees per acre shall not materially depart from the
guidelines listed above.

5\. Less than acceptable crop trees will not be retained to meet the
average desired stocking requirements.

6\. Species selection for leave trees varies between units, but in
general an effort will be made to improve species diversity and to
improve stand health.

7\. Unit 32 D has a unique prescription designed to control and reduce
the spread of black stain root disease. The Marking prescription for
Unit 32 D is in Section J, Exhibit D.

**C.2.3.1.3 [Designation of Timber]{.underline}**

1\. Units identified for ITM in table C.2.3.1.1 [Unit Thinning
Specifications]{.underline} under the column headed Method of
Designation will be individually tree marked for cutting above and below
stump height with [BLUE]{.underline} paint. The column headed 'Diameter
Range of Trees to be Removed' indicates the diameter size of trees that
are, or will be designated for cutting. Trees not designated for cutting
are Leave Trees.

2\. Units identified for LTM in table C.2.3.1.1 under the column headed
Method of Designation will be Area Designated with Leave Tree Marking.
Boundaries of Area Designations are marked in ORANGE paint with three
horizontal bands facing towards the cutting unit. Unit numbers are
occasional painted in lieu of the three horizontal bands. An additional
ORANGE mark is painted on the sides of the trees in line with the unit
boundary. Within the boundaries of the treatment unit, Leave Trees are
marked above and below stump height with WHITE paint for retention.
Within the unit boundary, live and dead trees not identified with white
paint as leave trees are designated for removal. Trees greater than the
Upper Limit DBH, whether marked with white paint or not shall not be cut
unless painted with a blue "H" by the Forest Service.

> **C.2.3.1.4 [Utilization]{.underline}** Utilization shall consist of
> removing woody material from the project area.

All trees shall be removed to landings prior to being limbed and lopped.

Stump height shall not exceed eight (8) inches measured from the ground
on the uphill side, or four (4) inches above natural obstacles
(boulders, wildlife logs, etc.). All limbs below the cutting point shall
be severed flush with the stump.

Utilized material shall be purchased from the Government under the terms
of the FS-2400-3 Timber Sale Contract. Under the terms of the Timber
Sale Contract, all material will be Weight Scaled and paid for at the
rate per ton specified.

After award of the contract, the Contracting Officer may agree to the
designation of additional trees that may need to be removed for landing
or skid trail construction or that may be accidentally damaged during
the operation. Any additional trees that are agreed to and designated
after award will be paid for at the rates shown in G.5 -- [Timber
Subject to Agreement.]{.underline}

**C.2.3.1.5 [Removal]{.underline}**. Removal of thinned material in Item
1 shall be accomplished by mechanized felling and ground based skidding
or other equipment that performs with comparable results.

The Contractor shall fell designated thinning material using a
self-propelled mechanical harvester (feller-buncher) capable of
operation on slopes up 35 percent, with an articulating boom having an
operating radius of at least 20 feet for cutting trees, capable of
lowering and placing trees up to 22.0 inches dbh, on the ground. Trees
exceeding the feller-buncher's capability may be felled by conventional
chainsaw methods. Conventional felling by chainsaw may be necessary in
some instances to provide for resource protection. Included products
must be skidded to landings approved by the Contracting Officer\'s
Representative.

Skid trails and Landings will be approved by the Forest Service prior to
felling.

The Contractor must not leave any Included Timber or biomass untreated
on the ground for more than 20 days.

Trees shall be directionally felled away from pockets of residual trees,
protected improvements, RHCA\'s, meadows, or private property using
normal felling practices, wedging, jacking or lining as needed. Such
directional felling shall not be required when in the faller\'s judgment
it is unsafe to do so, and the tree shall be left standing.

Cut stumps of all species, except cedar, which are greater than eight
(8) inches diameter, shall be treated by Contractor. Treatment shall
consist of removing sawdust and other loose debris from the cut surface
and application of a thin layer of an EPA-registered borate compound for
the prevention of annosus root disease. Application rates shall comply
with those specified on the product label and application shall be
completed within four hours after felling. Any surface irregularities on
the stump, which would prevent uniform application of borate, shall be
cut level prior to treatment. Contractor shall provide borate compound
and apply it in compliance with California states laws and regulations
pertaining to pesticides and pest control operations. Contractor shall
provide Forest Service with a copy of the \"Monthly Summary Pesticide
Use Reports\" submitted to the appropriate County Agricultural
Commissioner.

> **C.2.3.1.6 [Slash Treatment]{.underline}** Slash treatment includes:

1\. Slash left within View areas and within 50 feet both sides of all
roads accessing the area shall be piled by hand. Any slash generated
from landing operations shall be machine piled for burning. In lieu of
piling and burning, Contractor may chip slash. Chips must be removed or
spread to a depth not to exceed 6 inches. View Areas are shown in
Exhibit A-1 Section J, under Contract Requirements.

2\. Piles must be constructed in such a manner that results in 85%
consumption of debris when burned. Minimum spacing between piles shall
be equivalent to one and one-half the diameter of the adjacent pile.
Landing piles shall have a fire line constructed around them down to
mineral soil at least one bulldozer blade width wide.

3\. No hand piling shall be performed within Controlled Areas as shown
in Exhibit A-1, Section J.

4\. All burn piles shall be at least 50 feet horizontal distance from
RHCA's and shall be located so that burning will not damage standing
trees, snags, or improvements.

5\. Slash accumulated at landings shall be piled.

6\. All piles shall be covered with a durable waterproof covering of
either water resistant paper or plastic (at least 3 mil. Thickness). The
material shall be at least six feet in width. Piles shall not be less
than 50 percent covered, with the covering extending not less than
halfway down at least two sides. Piece of burnable material shall be
placed on top of the durable waterproof covering to keep the covering
from blowing off the pile.

**C.2.3.1.7 [Road Maintenance]{.underline}** The following
specifications shall govern road maintenance made necessary by
Contractor\'s road use and responsibilities for using, protecting and
maintaining roads during contract operations, from seasonal weather
damage and for safeguarding soil and water. Roads shall be maintained is
a satisfactory condition commensurate with the use requirements
generated under this contract. Performance by contractor of this road
maintenance work may be required prior to, during, or after each period
of use.

1\. Blading - The Contractor shall maintain the existing road cross
section by blading and shaping surface shoulders. Surface material shall
not be side-cast, but shall be returned onto the traveled way. Banks
shall not be undercut. Established berms shall be maintained. Waterbars,
dips, and overside drains shall be installed as directed by the Forest
Service.

2\. Surface Protection - While performing ordinary road maintenance
work, Contractor shall avoid permanently fouling gravel or asphalt
surfaces through covering them with earth or debris from side ditches,
slides or other sources. Contractor shall avoid blading surface course
off road, if present.

3\. Slide Disposal - In removing material from slides or other sources,
Contractor shall deposit the material which must be moved to locations
chosen with the objective that such material will not erode into
streams, lakes, or reservoirs. Material shall not be wasted over planted
road fill.

4\. Visibility - Contractor shall remove brush or tree growth or other
obstructions to visibility as such obstructions develop during the
permit period. All treated vegetation will be lopped and scattered
within open areas adjacent to the road.

5\. Drainage Maintenance - Contractor shall keep ditches, culverts,
waterbars and other drainage facilities clear and functioning. Overside
drains will be installed and maintained to prevent damage to fill slope.
Any erosion channels on fill slopes will be filled with rock or other
material and revegetated.

6\. Preventive Maintenance - Contractor shall perform preventive
maintenance at end of Contractor\'s use each season to minimize weather
damage during the non-use period. Work will consist of blading to remove
ruts or other surface irregularities, cleaning of ditches and culverts
and any other work that would prevent excessive erosion or bank slough.
Damage resulting from Contractor\'s use or failure to perform required
preventive maintenance shall be repaired by Contractor.

7\. Dust Abatement - The following dust abatement requirements will
apply to use of roads under this contract.

+-------------------+---------+------------+--------------------------+
| > Road            | > M     | > A        | > Frequency of           |
|                   | aterial | pplication | > Application            |
|                   | > Type  | > Rate     |                          |
+-------------------+---------+------------+--------------------------+
| > All roads       | > Water | > N/A      | > As needed to abate     |
| > accessing       |         |            | > dust.                  |
| > project area    |         |            |                          |
+-------------------+---------+------------+--------------------------+

**C.2.3.1.8 [Cooperative Road Use]{.underline}**

When two or more commercial users are simultaneously using the same
road, they shall agree on a maintenance plan and arrangements for
accomplishing the work. This plan shall be approved by the Forest
Service.

> **C.2.3.1.9 [Erosion Control]{.underline}**

1\. To minimize potential of sediment transport from grading activities,
the components of the drainage stabilization must be in place prior to
grading.

2\. All erosion control structures must be installed prior to November
15 of each year. However in the event all structures have not been
completed, temporary BMP\'s shall remain installed, and disturbed areas
shall be stabilized. (see Soil and Water Mitigations & Best Management
Practices, Exhibit F, Section J)

3\. All grading activities shall be halted and appropriate BMPs
installed during periods of precipitation when it is determined by
Contracting Officer Representative (C.O.R.) that grading would adversely
affect the water quality of the area.

4\. Use of roads and landings shall be halted during wet periods
(reference Exhibit C, Wet Haul Conditions). Contractor shall install
temporary waterbars to maintain drainage on travel way if rutting
results in unacceptable road damage (C.1.3.6).

5\. After landings, log decking and sorting areas have served
Contractor\'s purpose or prior to any seasonal period of precipitation,
Contractor shall ditch or slope landings to permit water to drain or
spread if determined necessary by Forest Service. If landings are used
for log decking, Contractor shall close all landings following
completion of log hauling and fuels treatment. Closure shall consist of
subsoiling (see C.3.1 Soils).

6\. Sub-soiling of landings shall be accomplished by equipment that will
lift and fracture the soil by vertical and lateral shattering, leaving
the soil loosened through the full width and depth of the compacted
layer with the top soil remaining substantially in place rather than
being inverted. Sub-soiling shall extend to a depth of 18 inches.
Agreement may be made to lesser depth if rocks or other limiting site
conditions are encountered. Sub-soiling shall be limited to periods when
soil dryness will allow crumbled soil, avoiding the formation of large
clods. The Contractor and Forest Service shall agree on timing of
completion of such work to coordinate with desirable soil moisture
conditions. (See Vegetative Soil Stabilization Specification and
Subsoiling Specification, Exhibit D, Section J)

**C.2.4 [Product Identification]{.underline}** Before removal from the
Project Area; (a) all products ten(10) feet or more in length and
one-third or more sound shall be hammer branded on each end that is six
(6) inches or more in diameter: and (b) all domestic processing products
ten (10) feet or more in length and one-third or more sound shall be
painted with a spot of highway-yellow paint on each end that is six (6)
inches or more in diameter. Each paint spot must be not less than three
(3) square inches in size.

The Contracting Officer shall assign brands and, if the Project Area is
within a State that maintains a log brand register, brands shall be
registered with the State. Contractor will furnish and apply
highway-yellow paint of a lasting quality (oil-base or equivalent).

All hammer brands and/or highway-yellow paint must remain on logs until
they are domestically processed. If the identifying marks are lost,
removed, or become unreadable, they shall be replaced. Contractor may
remanufacture products into different log lengths. Except for logs
remanufactured as part of the mill in-feed process immediately before
processing, remanufactured products must be rebranded with the assigned
sale brand and repainted with highway-yellow paint. For such
remanufactured products, Contracting Officer may approve use of a brand
to be used exclusively as a catch brand, in lieu of the assigned sale
brand.

**C.2.5 [Hauling]{.underline}**. Forest Service and Contractor shall
agree upon the haul route(s) prior to use. All products removed from
project area shall be transported over the designated route of haul.

**Contractor shall**:

\(a\) Require truck drivers to sign form R5-2400-242, Wood Receipt, that
states the driver\'s responsibility when hauling Included Timber.

\(b\) Assign a competent individual at the landing to record the
following information for each load of logs on the Wood Receipt provided
by Forest Service:

1\. Date and time load is physically punched out with a paper punch or
equivalent.

> 2\. Truck ID or license number.
>
> 3\. Load destination.

Used books of Woods Receipts (stub portion) shall be returned to Forest
Service at least weekly.

\(c\) Require truck drivers to stop at agreed upon locations for
accountability checks, if requested by the Forest Service, when products
are in transit from Sale Area to contractor\'s processing facility(s).

\(d\) Inform truck drivers of the designated route(s) of haul, the
method of alerting drivers of an impending stop, and the fact that loads
may be inspected at other locations where it is safe and possible to do
so.

\(e\) Insure that the Woods Receipt attached to each load of logs shall
remain attached to its original log until manufactured into products,
and then shall be either destroyed or otherwise rendered unusable.

**C.3 [RESOURCE PROTECTION STANDARDS]{.underline}**

**C.3.1 [Soils]{.underline}** Refer to Exhibit F, Soil and Water
Integrated Design Features and Best Management Practices.

Maintain soil productivity by providing adequate soil cover to prevent
accelerated sheet and rill erosion from occurring. The amount of
material should not create an adverse effect to fuels and should be
consistent with an Erosion Hazard rating of LOW.

Maintain soil productivity by leaving up to 5 existing down logs per
acre throughout the project area.

Maintain soil productivity by ensuring soil porosity is not adversely
affected by operating while soils are wet and by minimizing the extent
of disturbance. Forest Service shall review soil moisture prior to or
during the contract as needed.

**C.3.2 [Water Quality]{.underline}** The following measures shall be
observed to protect stream courses (RHCA's):

1\. Contractor\'s operations shall be conducted to prevent soil and
vegetative debris from entering stream courses. In event Contractor
causes debris to enter stream courses in amounts which may adversely
affect the natural flow of the stream, water quality or fishery
resource, Contractor shall remove such debris as soon as practicable,
but not to exceed 48 hours, and in an agreed manner that will cause the
least disturbance to stream courses.

2\. Wheeled or track-laying equipment shall not be operated within
RHCA's except at crossings designated by Forest Service. If crossing a
drainage is necessary, it shall be done at designated locations on
existing roads with stream crossing structures in place.

Activities with the greatest potential impact are temporary road
building, landing and skid trail construction, soil disturbance and
vegetation removal. Standard mitigation measures are listed in the
project environmental analysis and include:

1\. Establish Riparian Habitat Conservation Areas (RHCA's), along all
project streams and meadows in which equipment shall not operate.
Minimum width of RHCA\'s shall be 300 feet each side of permanently
flowing streams, 100 feet horizontal distance on each side of seasonally
flowing or intermittent streams; and 150 feet each side of wetlands
greater than 1 acre. Lake Almanor shall receive a 150-foot horizontal
distance buffer from the high water mark. RHCA buffer width will be
determined in advance of operations and designated on the ground by the
C.O.R, approximate locations of RHCA's are displayed on the Contract map
(Exhibit A, Section J).

**C.3.3 [Other Resource Protection]{.underline}** All of the activities
associated with this project shall be conducted in such a manner that
there shall not be any adverse impact as determined by Forest Service to
the following resources listed.

1\. All section corners, post markers, fences, bearing trees, RHCA's,
reserve trees, improvements, trails, non-treatment areas, recreational
development sites, controlled areas and other improvements displayed on
the Contract map (Exhibit A, Section J) shall not be disturbed in any
way.

2\. The 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(e)), has been identified on-the-ground by the Forest
Service prior to award of this contract. The Government may unilaterally
modify or cancel this contract in whole or in part, 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
or objects by either party shall be promptly reported to the other
party.

The 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 the Contractor\'s
operations. Specific protection measures, if required, are listed in the
Special Provisions below. The Contractor shall bear costs of restoration
in accordance with 36 CFR 296.14(c), provided that such payment shall
not relieve the Contractor from civil or criminal remedies otherwise
provided by law.

The Contractor shall not operate wheeled or track-laying equipment
within such areas except on roads, landings, tractor roads or skid
trails approved under Standard Provision 30. Unless the Contracting
Officer or designee agrees in writing otherwise, the Contractor will not
fell trees into such areas. The Contracting Officer or designee may
require the Contractor to backblade skidtrails and other ground
disturbed by the Contractor\'s Operations within such areas in lieu of
cross ditching.

3\. Protection of Protected Species - The location of areas needing
special measures for protection of plants or animals listed as
threatened or endangered under the Endangered Species Act of 1973, 16
U.S.C. 1531, [et]{.underline} [seq]{.underline}., or a sensitive species
identified by the Regional Forester have been identified on-the-ground
by the Forest Service prior to award of this contract and these
locations are shown on the project area map. If the Contracting Officer
determines that protection measures are inadequate, if other such areas
are discovered, or if new species are listed on the Endangered Species
List, Contracting Officer may modify this contract under clause
52.243-01 Alternate 1 ( Page 38, Item I.12)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.
This provision and any protections listed pursuant to this provision do
not constitute a warranty of any kind, either express or implied,
including, but not limited to, implied warranties of merchantability or
fitness for a particular purpose. Contractor is on notice that special
protection measures not currently listed may be required at any time.

4\. Reserve Trees. The contractor shall not cut live or dead reserve
trees or groups of reserve trees. The Forest Service has identified
reserve trees on-the-ground prior to award of this contract by the
method indicated in the table below. The Contactor shall protect reserve
trees from damage or destruction by the Contactor \'s operations. Damage
to reserve trees will cause serious and substantial silvicultural or
other damage to the National Forest. It will be difficult if not
impossible to determine the amount of such damage. Therefore, in the
event that the Contracting Officer or designee determines that the
Contactor\'s operations have unnecessarily cut or unnecessarily damaged
reserve trees through Contactor\'s carelessness, the Contactor shall pay
the amount indicated in the table below as fixed, agreed and liquidated
damages for each reserve tree cut or damaged.

Damage includes any injury to the living crown, bole, or roots of
reserve trees. If areas are marked on the ground around such reserve
trees, operation of heavy equipment or skidding of products within said
area shall be considered to be damaging to the tree.

Units with reserve trees are shown on the Contract map.

+-----------------------+----------------------+-----------------------+
| [Description of       | [Method Reserve Tree | [Liquidated Damage    |
| Reserve               | Has Been             | Amount                |
| Trees]{.underline}    | Ide                  | \$]{.underline}       |
|                       | ntified]{.underline} |                       |
|                       |                      |                       |
|                       | [On-The              |                       |
|                       | -Ground]{.underline} |                       |
+-----------------------+----------------------+-----------------------+
| Rust Resistant Sugar  | Orange Painted       | \$ 5,000              |
| Pine Trees and        | "RRSP" and "RT"      |                       |
| Candidate Trees       |                      |                       |
+-----------------------+----------------------+-----------------------+

> 5\. Protection of Improvements not owned by Forest Service. When the
> Contactor \'s operations are adjacent to

properties of railway, telegraph, telephone, power companies or other
property, the Contactor\'s operations shall not begin until the
Contactor makes all necessary arrangements to prevent damage.

The Contactor shall cooperate with the owners of any underground or
overhead utility lines in their removal and/or rearrangement operations
in order that these operations may progress in a reasonable manner;
utility duplication or rearrangement work may be reduced to a minimum;
and services shall not be unnecessarily interrupted.

If the Contactor\'s operations interrupt utility services because of the
Contactor\'s accidental breakage or as a result of lines being exposed
or unsupported, the Contactor shall promptly notify the proper authority
and shall cooperate with that authority in the restoration of service.
If utility services are interrupted, cooperation shall be required until
the service is restored.

When materials are to be hauled across the tracks of any railway, the
Contracting Officer or designee will make arrangements with the railroad
for the use of any existing crossing or for any new crossing required.
The Contactor shall make arrangements for use of alternate crossings.
The Contactor shall be liable to the railroad for damages to the
railroad\'s property caused by the Contactor\'s operations.

**C.3.4 [Safety]{.underline}** When Contractor\'s operations are in
progress adjacent to or on Forest Service 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. This may require the use of flag persons in
addition to signing or other methods of warning. A specific traffic
control plan for each individual project shall be prepared by the
Contractor and approved by the Forest Service prior to commencing
operations. Devices shall be appropriate to current conditions and shall
be covered or removed when not needed. Flagmen and devices shall be as
specified in the \"Manual on Uniform Traffic Control Devices for Streets
and Highways\" (MUTCD).

**C.3.5 [Cleaning of Equipment]{.underline}** Contractor shall insure
that all off-road equipment moved on to National Forest Land in this
timber sale that last operated in areas known by Forest Service to be
infected with noxious weeds 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 Forest
Service is available at the District Ranger\'s Office for this sale.

Equipment will also be cleaned prior to moving between cutting units on
this sale known to be infested with noxious weeds, and other units, if
any, which are free of such weeds. Sale Area Map shows such areas known
by Forest Service prior to advertisement.

Contractor shall employ whatever cleaning methods are necessary to
ensure compliance with the terms of this provision, and shall notify
Forest Service at least 10 working days prior to moving each piece of
equipment on to National Forest 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, Forest Service may assume that it was infested with noxious
weed seeds. Upon request of Forest Service, arrangements will be made
for Forest Service to inspect each piece of equipment prior to it being
placed in service.

Contractor shall certify in writing compliance with the terms of this
provision prior to each start-up of sale 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 provision, \"off-road equipment\" includes all 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 National Forest Land, such
as at the end of a project prior to moving to a new project, Purchaser
and Forest Service 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 Forest Service,
identified by either Contractor or Forest Service, on National Forest
land in the Sale Area or on the haul route 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.3.6 [Use of Roads by Contractor]{.underline}** The Contractor\'s use
of existing roads identified on Contract map by the following codes is
prohibited or subject to restrictive limitations, unless the Contracting
Officer or designee agrees in writing otherwise:

+------------+---------------------------------------------------------+
| > Code     | > Use Limitations                                       |
+------------+---------------------------------------------------------+
| > X        | > Hauling prohibited                                    |
+------------+---------------------------------------------------------+
| > R        | > Hauling restricted                                    |
+------------+---------------------------------------------------------+
| > P        | > Use prohibited                                        |
+------------+---------------------------------------------------------+
| > A        | > Public use restriction                                |
+------------+---------------------------------------------------------+
| > W        | > Regulation waiver                                     |
+------------+---------------------------------------------------------+

### 

###  

### Restricted Road List

+-------+---------------+-------+-------+-------+---------------------+
| >     |               | > Te  |       | > Map | > Description of    |
|  Road |               | rmini |       |       |                     |
+-------+---------------+-------+-------+-------+---------------------+
| > N   | > Road Name   | >     | > To  | > L   | > Restrictions      |
| umber |               |  From |       | egend |                     |
+-------+---------------+-------+-------+-------+---------------------+
|       |               |       |       |       |                     |
+-------+---------------+-------+-------+-------+---------------------+
| >     | > N/A         | >     | >     | > P   | > Use of road       |
| 27N44 |               | 27N03 | 27N71 |       | > prohibited for    |
|       |               |       |       |       | > any harvesting    |
|       |               |       |       |       | > operations        |
+-------+---------------+-------+-------+-------+---------------------+
| > 2   | > N/A         | >     | > .25 | > P   | > Use of road       |
| 7N35A |               | 27N03 |       |       | > prohibited for    |
|       |               |       |       |       | > any harvesting    |
|       |               |       |       |       | > operations        |
+-------+---------------+-------+-------+-------+---------------------+

**C.3.7 [View Areas]{.underline}**. Shown on the Contract map are Travel
and Water Influence Zones and Special Management Units which include
roads, recreation trails, streamsides, lakeshores and other view areas
with distance limitations for visible slash treatments. Within such
zones, the Contractor shall treat visible logging slash. Primary
treatment shall be by hand piling. Logging slash not readily treated by
hand piling shall be removed to designated areas or treated as agreed by
the Contracting Officer.

**C.4 [REFERENCE DOCUMENTS ]{.underline}**

C.4.1. Herger-Feinstein Quincy Library Group Forest Recovery Act Final
Environmental Impact Statement, August 1999 (HFQLG FEIS).

C.4.2. Forest Service Handbook for Best Management Practices (BMP),
Chapter 30, FSM.

C.4.3. Prattville Forest Recovery Project Environmental Assessment, June
2000.

C.4.4. The above referenced documents are available at the Almanor
Ranger District Office.

**[SECTION E - INSPECTION AND ACCEPTANCE]{.underline}**

**E.1 [INSPECTION OF SERVICES\--FIXED-PRICE]{.underline} (FAR
52.246-4)(AUG 1996)**

\(a\) Definition: \"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. \[See
Clause E.2, Progress Reporting\]

\(c\) 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.2 [PROGRESS REPORTING]{.underline}**

For each day of operation, the Contractor shall complete and mail or
fax, on a daily basis, copies of Contract Daily Diary form to the
Contracting Officer Representative. Content of Contract Daily Diary form
shall include, but not be limited to, current working location, progress
of work, quantity of work accomplished, and quality of work accomplished
(work inspection results).

**E.3 [INSPECTION AND ACCEPTANCE]{.underline} (AGAR 452.246-70)(FEB
1988)**

\(a\) The Contracting Officer or the Contracting Officer\'s duly
authorized representative will inspect and accept the supplies and/or
services to be provided under this contract.

\(b\) Inspection and acceptance will be performed at the project site.

**[SECTION F - DELIVERIES OR PERFORMANCE]{.underline}**

F.1 [PERIOD OF PERFORMANCE]{.underline} (AGAR 452-211-74)(FEB 1988)

The performance period for this project is **September 29, 2000, through
November 30, 2002.**

Service contract work shall be performed in accordance with the order of
preference approved by the Contracting Officer Representative. The
Contractor shall maintain progress at a rate, which will assure quality
and completion within the service contract time specified above.

**F.2 [WINTER SHUTDOWN]{.underline}**

When winter weather sets in and the continuation of work is impractical,
upon written request by the Contractor, the Contracting Officer may
authorize a total suspension until such winter weather has passed and
work can proceed.

**F.3 [TIMBER SALE CONTRACT TERM EXTENSION]{.underline}**

The Timber Sale Contract will only be extended if an extension of time
is authorized under the terms and conditions of the Federal Acquisition
Regulations for Service Contracts. If such an extension of time is
granted and such award of time is not due to any Government Delay or
Stop Work order, the Contractor shall pay the Government for increased
cost determined for: (a) increased costs of regeneration, including
nursery stock loss, carryover or replacement costs, and (b) cost of
remarking timber on the Project Area or reestablishing project or block
boundaries.

**F.4 [QUANTITY DETERMINATION]{.underline}**

The Forest Service has determined the estimated quantities of Included
Timber listed on Page 1 of Exhibit B, Timber Sale Contract (2400-3)
prior to award of this contract. The Contracting Officer or designee
will determine any additional designated timber prior to felling during
the term of the contract. The estimated quantities are determined in
accordance with the volume equations or tables approved for use in the
area by the Forest Service with adjustment for defect as appropriate.
Copies of the volume equations and/or tables are on file in the office
of the Contracting Officer. The Forest Service makes no representation,
warranty, or guarantee of the accuracy of the estimate..

**F.5 [VARIATION IN ESTIMATED QUANTITY]{.underline} (FAR 52.211-18)(APR
1984)**

If the quantity of a unit-priced item in this contract is an estimated
quantity and the actual quantity of the unit-priced item varies more
than 15 percent above or below the estimated quantity, an equitable
adjustment in the contract price shall be made upon demand of either
party. The equitable adjustment shall be based upon any increase or
decrease in costs due solely to the variation above 115 percent or below
85 percent of the estimated quantity. If the quantity variation is such
as to cause an increase in the time necessary for completion, the
Contractor may request, in writing, an extension of time, to be received
by the Contracting Officer within 10 days from the beginning of the
delay, or within such further period as may be granted by the
Contracting Officer before the date of final settlement of the contract.
Upon the receipt of a written request for an extension, the Contracting
Officer shall ascertain the facts and make an adjustment for extending
the completion date as, in the judgment of the Contracting Officer, is
justified.

**F.6 [STOP-WORK ORDER]{.underline} (FAR 52.242-15)(AUG 1989)**

\(a\) The Contracting Officer may, at any time, by written order to the
Contractor, require the Contractor to stop all, or any part, of the work
called for by this contract for a period of 90 days after the order is
delivered to the Contractor, and for any further period to which the
parties may agree. The order shall be specifically identified as a
stop-work order issued under this clause. Upon receipt of the order, the
Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the
work covered by the order during the period of work stoppage. Within a
period of 90 days after a stop-work is delivered to the Contractor, or
within any extension of that period to which the parties shall have
agreed, the Contracting Officer shall either\--

\(1\) Cancel the stop-work order; or

\(2\) Terminate the work covered by the order as provided in the
Default, or the Termination for Convenience of the Government, clause of
this contract.

\(b\) If a stop-work order issued under this clause is canceled or the
period of the order or any extension thereof expires, the Contractor
shall resume work. The Contracting Officer shall make an equitable
adjustment in the delivery schedule or contract price, or both, and the
contract shall be modified, in writing, accordingly, if\--

\(1\) The stop-work order results in an increase in the time required
for, or in the Contractor\'s cost properly allocable to, the performance
of any part of this contract; and

\(2\) The Contractor asserts its right to the adjustment within 30 days
after the end of the period of work stoppage; provided, that, if the
Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon the claim submitted at any
time before final payment under this contract.

\(c\) If a stop-work order is not canceled and the work covered by the
order is terminated for the convenience of the Government, the
Contracting Officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.

\(d\) If a stop-work order is not canceled and the work covered by the
order is terminated for default , the Contracting Officer shall allow,
by equitable adjustment or otherwise , reasonable costs resulting from
the stop-work order.

**F.7 [GOVERMENT DELAY OF WORK]{.underline} (FAR 52.242-17)(APR 1984)**

\(a\) If the performance of all or any part of the work of this contract
is delayed or interrupted (1) by an act of the Contracting Officer in
the administration of this contract that is not expressly or impliedly
authorized by this contract, or (2) by failure of the Contracting
Officer to act within the time specified in this contract, or within a
reasonable time if not specified, an adjustment (excluding profit) shall
be made for any increase in the cost of performance of this contract
caused by the delay or interruption and the contract shall be modified
in writing accordingly. Adjustment shall also be made in the delivery or
performance dates and any other contractual term or condition affected
by the delay or interruption. However, no adjustment shall be made under
this clause for any delay or interruption to the extent that performance
would have been delayed or interrupted by any other cause, including the
fault or negligence of the Contractor, or for which an adjustment is
provided or excluded under any other term or condition of this contract.

(b)A claim under this contract shall not be allowed-

(1)For any costs incurred more than 20 days before the Contractor shall
have notified the Contracting Officer ii writing of the act or failure
to act involved; and

\(2\) Unless the claim in an amount stated, is asserted in writing as
soon as practicable after the termination of the delay or interruption,
but not later than the day of final payment under the contract.

F.8 [SUSPENSION OF WORK]{.underline} (FAR 52.242-14)(APR 1984)

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

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

delayed, or interrupted by any other cause, including the fault or
negligence of the Contractor, or for which an equitable adjustment is
provided for or excluded under any other term or condition of this
contract.

\(c\) A claim under this clause shall not be allowed\--

\(1\) For any costs incurred more than 20 days before the Contractor
shall have notified the Contracting Officer in writing of the act or
failure to act involved (but this requirement shall not apply as to a
claim resulting from a suspension order); and

\(2\) Unless the claim, in an amount stated, is asserted in writing as
soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the
contract.

**[SECTION G - CONTRACT ADMINISTRATION DATA]{.underline}**

**G.1 [DESIGNATION OF CONTRACTING OFFICER\'S
REPRESENTATIVE]{.underline}**

A Contracting Officer\'s Representative (COR) will be designated after
contract award by the Contracting Officer.

The contractor will be notified by letter of the name and duties of the
COR.

**G.2 [INVOICES]{.underline}**

Contractor shall prepare and submit invoices for payment to the
Contracting Officer's Representative.

Each invoice is required to include the following information to be
considered a proper invoice. Failure to include all of the required
information, may result in a delay of payment.

1.  Name of vendor;

2.  Invoice date;

3.  Contract number;

4.  Vendor's invoice number;

5.  Description of goods or services provided, including; contract item;
    price; and quantity;

6.  Payment terms ( i.e., discounts for prompt payment);

7.  Vendor's VXP number for Electronic Funds Deposit (EFT); and

8.  Contact name, title, and telephone number.

**G.3** **[MEASUREMENT]{.underline}**

**G.3.1**. **[Methods of Measurement]{.underline}**.

Acreage was measured on a horizontal plane using a Global Positioning
System.

**G.3.2 [Remeasurement]{.underline}**

Unless otherwise indicated by this contract, the contractor may request
remeasurement of any quantities in Part B, when the units are acres or
any linear measurement. The request must be made in writing and must be
made within 10 calendar days of completing work on the unit in question.
If remeasurement indicates a variance of five percent or less from the
stated quantity, the Contractor shall pay for the actual cost of
remeasurement and no adjustment will be made in the quantity as stated
in Part B. If remeasurement indicates a variance more than five percent
from the stated quantity, payment will be based on the remeasured
quantity, and the Contractor will not be liable for the costs of
remeasurement. All remeasurements will be done by the Government.
Remeasurement of acreage will be done with two people using a hand
compass and ground measurement or by means of a Global Positioning
System. This clause is not applicable to quantities listed as estimated
quantities.

G.4 [PAYMENT]{.underline}

**G.4.1. [Payments and deductions]{.underline}**

Payment will be made for fully acceptable work at the prices in the
schedule of items. In the event of extended non-work periods because of
adverse weather, the Contracting Officer may authorize progress payments
for partially completed sub-items on a case-by-case basis. In accordance
with the appropriate inspection clause, payment may be made for less
than fully acceptable work at a reduced price.

**G.5** **[ADDITIONAL TIMBER PAY RATE]{.underline}**.

ADDITIONAL PAYMENT FOR GREEN TREES CUT SUBJECT TO AGREEMENT

10.0 inch dbh and greater - Volume will be determined from the R5 Cubic
Foot Volume Tables (9/97) and the rate of \$49.75/ccf for PP or JP,
\$47.36/ccf for SP, \$73.85/ccf for WF or RF, \$55.21/ccf for DF,
\$59.21/ccf for IC and \$14.71/ccf for LP.

**G.6 [CUTTING UNDESIGNATED TREES]{.underline}**

The Contractor shall pay for cut or damaged merchantable timber meeting
Utilization Standards as follows: (a) double the Payment Rate in Clause
G.5, Additional Timber Pay Rate, for undesignated trees unnecessarily
cut or unnecessarily damaged. In view of the difficulty in determining
the actual damage to the United States, the amounts specified above
shall be considered liquidated damages; provided, that, if such damage
involves small amounts of material, and in the judgment of the
Contracting Officer or designee, is justified by existing conditions,
the payments may not be required.

The Contracting Officer or designee shall determine rates per unit of
measure for standing timber or other forest products if they are not
Included Timber using the standard Forest Service appraisal methods and
appraisal data in use at time of the damage calculation. In addition to
liquidated damages, if designated for removal by the Contracting Officer
or designee, the Contractor shall make payments at the rate determined
above. The right, title, and interest to any product for which payment
of liquidated damages has been made or which has been regularly paid
for, cut, but not removed, shall remain in or revert to the United
States if not removed from the project area at the expiration or
termination of this contract.

### SECTION H - SPECIAL CONTRACT REQUIREMENTS

**H.1 [DIFFERING SITE CONDITIONS]{.underline} (FAR 52.236-2)(APR 1984)**

(a) The Contractor shall promptly, and before the conditions are
    disturbed, give a written notice to the Contracting

> Officer of\--

\(1\) Subsurface or latent physical conditions at the site which differ
materially from those indicated in this contract; or

> \(2\) Unknown physical conditions at the site, of an unusual nature,
> which differ materially from those ordinarily encountered and
> generally recognized as inhering in work of the character provided for
> in the contract.

\(b\) The Contracting Officer shall investigate the site conditions
promptly after receiving the notice. If the conditions do materially so
differ and cause an increase or decrease in the Contractor\'s cost of,
or the time required for, performing any part of the work under this
contract, whether or not changed as a result of the conditions, an
equitable adjustment shall

be made under this clause and the contract modified in writing
accordingly.

\(c\) No request by the Contractor for an equitable adjustment to the
contract under this clause shall be allowed, unless the Contractor has
given the written notice required; provided, that the time prescribed in
paragraph (a) of this clause for giving written notice may be extended
by the Contracting Officer.

\(d\) No request by the Contractor for an equitable adjustment to the
contract for differing site conditions shall be allowed if made after
final payment under this contract.

**H.2 [SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK]{.underline}
(FAR 52.236-3)(APR 1984)**

\(a\) The Contractor acknowledges that it has taken steps reasonably
necessary to ascertain the nature and location of the work, and that it
has investigated and satisfied itself as to the general and local
conditions which can affect the work or its cost, including but not
limited to (1) conditions bearing upon transportation, disposal,
handling, and storage of materials; (2) the availability of labor,
water, electric power, and roads; (3) uncertainties of weather, river
stages, tides, or similar physical

conditions at the site; (4) the conformation and conditions of the
ground; and (5) the character of equipment and facilities needed
preliminary to and during work performance. The Contractor also
acknowledges that it has satisfied itself as to the character, quality,
and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from
an inspection of the site, including all exploratory work done by the
Government, as well as from the drawings and specifications made a part
of this contract. Any failure of the Contractor to take the actions
described and acknowledged in this paragraph will not relieve the
Contractor from responsibility for estimating properly the difficulty
and cost of successfully performing the work, or for proceeding to
successfully perform the work without additional expense to the
Government.

\(b\) The Government assumes no responsibility for any conclusions or
interpretations made by the Contractor based on the information made
available by the Government. Nor does the Government assume
responsibility for any understanding reached or representation made
concerning conditions, which can affect the work by any of its officers
or agents before the execution of this contract, unless that
understanding or representation is expressly stated in this contract.

**H.3 [SUPERINTENDENCE BY THE CONTRACTOR]{.underline} (FAR 52.236-6)(APR
1984)**

At all times during performance of this contract and until the work is
completed and accepted, the Contractor shall directly superintend the
work or assign and have on the worksite a competent superintendent who
is satisfactory to the Contracting Officer and has authority to act for
the Contractor.

**H.4 [PERMITS AND RESPONSIBILITIES]{.underline} (FAR 52.236-7)(NOV
1991)**

The Contractor shall, without additional expense to the Government, be
responsible for obtaining any necessary licenses and permits, and for
complying with any Federal, State, and municipal laws, codes, and
regulations applicable to the performance of the work. The Contractor
shall also be responsible for all damages to persons or property that
occur as a result of the Contractor\'s fault or negligence. The
Contractor shall also be responsible for all materials delivered and
work performed until completion and acceptance of the entire work,
except for any completed unit of work, which may have been accepted
under the contract.

**H.5 [PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND]{.underline}**

**[IMPROVEMENTS]{.underline} (FAR 52.236-9)(APR 1984)**

\(a\) The Contractor shall preserve and protect all structures,
equipment, and vegetation (such as trees, shrubs, and grass) on or
adjacent to the work site, which are not to be removed and which do not
unreasonably interfere with the work required under this contract. The
Contractor shall only remove trees when specifically authorized to do
so, and shall avoid damaging

vegetation that will remain in place. If any limbs or branches of trees
are broken during contract performance, or by the careless operation of
equipment, or by workmen, the Contractor shall trim those limbs or
branches with a clean cut and paint the cut with a tree-pruning compound
as directed by the Contracting Officer.

\(b\) The Contractor shall protect from damage all existing improvements
and utilities (1) at or near the work site, and (2) on adjacent property
of a third party, the locations of which are made known to or should be
known by the Contractor. The Contractor shall repair any damage to those
facilities, failure to comply with the requirements of this contract or
failure to exercise reasonable care in performing the work. If the
Contractor fails or refuses to repair the damage promptly, the
Contracting Officer may have the necessary work performed and charge the
cost to the Contractor.

**H.6** **[INQUIRIES]{.underline} (AGAR 452.204-70)(FEB 1988)**

Inquiries and all correspondence concerning this solicitation should be
submitted in writing to the Contracting Officer. Offerors should contact
only the Contracting Officer issuing the solicitation about any aspect
of this requirement prior to contract award.

**H.7 [POST AWARD CONFERENCE]{.underline} (AGAR 452.215-73)(NOV 1996)**

A post award conference with the successful offeror is required. It will
be scheduled within 15 days after the date of contract award. The
conference will be held at a place and time determined by the
Contracting Officer.

**H.8 [USE OF PREMISES]{.underline} (AGAR 452.236-72)(NOV 1996)**

\(a\) Before any camp, quarry, borrow pit, storage, detour, or bypass
site, other than shown on the drawings, is opened or operated on USDA
lands or lands administered by the USDA, the Contractor shall obtain
written permission through the Contracting Officer. A camp is
interpreted to include a campsite or trailer parking area of any
employee working on the project for the Contractor.

\(b\) Unless excepted elsewhere in the contract, the Contractor shall:

\(i\) provide and maintain sanitation facilities for the workforce at
the site, and

\(ii\) dispose of solid waste in accordance with applicable Federal,
State, and local regulations.

**H.9 [ARCHEOLOGICAL OR HISTORIC SITES]{.underline} (AGAR
452.236-73)(FEB 1988)**

If a previously unidentified archeological 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.10 [CONTROL OF EROSION, SEDIMENTATION AND POLLUTION]{.underline}**
**(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, bitumen's, raw sewage, and
other harmful materials shall not be discharged on the ground; into or
near 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.11 [EMERGENCY RESPONSE]{.underline} (AGAR 452.236-77)(NOV 1996**)

\(a\) **[Contractor\'s Responsibility for Fire Fighting]{.underline}**.
(1)The Contractor, under the provisions of FAR clause 52.236-9,
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS, shall immediately extinguish all fires on the work site
other than those fires in use as a part of the work. (2) The Contractor
may be held liable for all damages and for all costs incurred by the
Government for labor, subsistence, equipment, supplies, and
transportation deemed necessary to control or suppress a fire set or
caused by the Contractor or the Contractor\'s agents or employees.

\(b\) **[Contractor\'s Responsibility for Notification in Case of
Fire.]{.underline}** The Contractor shall immediately notify the
Government of any fires sighted on or in the vicinity of the work site.

\(c\) **[Contractor\'s Responsibility for Responding to
Emergencies.]{.underline}** When directed by the Contracting Officer,
the Contractor shall allow the Government to temporarily use employees
and equipment from the work site for emergency work (anticipated to be
restricted to fire fighting). An equitable adjustment for the temporary
use of employees and equipment will be made under the CHANGES clause FAR
52.243-01A1.

H.12 [KEY PERSONNEL]{.underline} (AGAR 452-237-74)(FEB 1988)

\(a\) The Contractor shall assign to this contract the following key
personnel: As provided in the technical proposal.

\(b\) During the first ninety (90) days of performance, the Contractor
shall make no substitutions of key personnel unless the substitution is
necessitated by illness, death, or termination of employment. The
Contractor shall notify the Contracting Officer within 15 calendar days
after the occurrence of any of these events and provide the information
required by paragraph (c) below. After the initial 90-day period, the
Contractor shall submit theinformation required by paragraph (c) to the
Contracting Officer at least 15 days prior to making any permanent
substitutions.

\(c\) The Contractor shall provide a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested
by the Contracting Officer. Proposed substitutes should have comparable
qualifications to those of the persons being replaced. The Contracting
Officer will notify the Contractor within 15 calendar days after receipt
of all required information of the decision on substitutions. The
contract will be modified to reflect any approved changes of key
personnel.

H.13 [RESTRICTIONS AGAINST DISCLOSURE]{.underline} (AGAR 452.237-75)(FEB
1988)

\(a\) The Contractor agrees, in the performance of this contract, to
keep all information contained in source documents or other media
furnished by the Government in the strictest confidence. The Contractor
also agrees not to publish or otherwise divulge such information in
whole or in part in any manner or form, or to authorize or permit others
to do so, taking such reasonable measures as are necessary to restrict
access to such information while in the Contractor\'s possession, to
those employees needing such information to perform the work provided
herein, i.e., on a \"need to know\" basis. The Contractor agrees to
immediately notify in writing, the Contracting Officer, named herein, in
the event that the Contractor

determines or has reason to suspect a breach of this requirement.

\(b\) The Contractor agrees not to disclose any information concerning
the work under this contract to any persons or individual unless prior
written approval is obtained from the Contracting Officer. The
Contractor agrees to insert the substance of this clause in any
consultant agreement or subcontract hereunder.

**H.14** **[PROPERTY AND PERSONAL DAMAGE]{.underline}**

(1) The Contractor shall use every precaution necessary to prevent
    damage to public and private property.

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(1) The Contractor shall be responsible for all damage to private
    property and to persons, including third parties, that occur as a
    result of a fire, which is due to his or his agent's or employee's
    fault or negligence. The term "third parties" is construed to
    include employees of the Government.

(2) The Contractor shall be responsible for the total costs for fire
    suppression that occur as a result of his or his agent's or
    employee's fault or negligence.

(3) The Contractor shall procure and maintain during the term of this
    contract, and any extension thereof, commercial general liability
    insurance providing minimum coverage of \$1,000,000 and insurance
    covering damages from an operational fire, such as a 'loggers broad
    form', providing minimum coverage of \$1,000,000. General liability
    insurance shall contain a minimum coverage for personal bodily
    injury of \$500,000 per occurrence. The parties named insured under
    the policy or policies shall be the Contractor and the [United
    States of America]{.underline}.

(4) The Contractor may be otherwise insured by a combination of primary
    and excess policies. Such policies shall have a combined coverage
    equal to, or greater than, the minimums required.

(5) The Contractor, prior to the commencement of work, shall submit to
    the Contracting Officer one copy of the insurance policy, or
    confirmation from the insurance company, certifying that the
    coverage described in this clause has been obtained.

(6) Each policy or certificate evidencing the insurance shall contain an
    endorsement that provides that the insurance company will notify the
    Contracting Officer 30 days prior to the effective date of any
    cancellation or termination of any policy or certificate or any
    modification of a policy or certificate that adversely affects the
    interest of the Government in such insurance. The notice shall be
    sent by registered mail and shall identify this contract, the name
    and address of the Contracting Office, the policy, and the insured.

**H.15 [NOTIFICATION OF ABSENCE]{.underline}**

The Contractor shall notify the COR when intending to leave the project
area for 3 or more consecutive calendar days and also when planning to
return to the project area. Failure to give notice as required herein
may be considered as abandonment and could place the Contractor in
danger of default termination.

**H.16 [SUBCONTRACTING]{.underline}**

The Contractor shall request permission, in advance and in writing, to
subcontract any portion of the contract and shall furnish sufficient
evidence that the subcontractor is experienced and equipped for such
work. The written request shall be specific in indicating which
separable, identifiable, and measurable portion of the project is to be
subcontracted. Written consent to subcontract any portion of the
contract shall not be construed to relieve the Contractor of any
responsibility under the contract. Neither shall such written consent be
construed as approval of a subcontract but rather as approval to
subcontract a specific portion of the project to a specific entity. All
subcontracts must incorporate the specifications, terms, and conditions
of the prime contract and otherwise be in compliance with applicable
laws and regulations.

**H.17 [CAMPING]{.underline}**

Camping is not permitted in U.S. Forest Service campgrounds. The
Contractor ( ) will ( ) will not be permitted to camp elsewhere on U.S.
Forest Service land. Camping on Forest Service land is not a right;
permission may be revoked for failure to comply with camping permit
issued by the District Ranger.

**H.18 [EROSION CONTROL]{.underline}**

When determined by Forest Service, Contractor shall (1) avoid operating
equipment when soil conditions are such that excessive damage will
result; (2) construct erosion control structures as needed to control
erosion; (3) repair promptly any existing erosion control structures
damaged by Contractor\'s operations; (4) complete seasonal erosion
control work prior to suspending operations; and (5) perform other soil
erosion control work as may be required under this contract.

Prior to suspension of operations or seasonal periods of precipitation
or runoff; Contractor shall smooth landings, remove ruts from roads and
construct cross ditches, water bars, water-spreading ditches on landings
and roads where staked or otherwise marked on the ground by Forest
Service. If Contractor chooses to overwinter landings, Contractor shall
mulch and line landings with temporary sediment barriers.

If Contractor fails to do seasonal erosion work prior to any seasonal
period of precipitation or runoff, Forest Service may temporarily assume
responsibility for the work and any unencumbered deposits hereunder may
be used by Forest Service to do the work. If needed for such work,
Contractor shall make additional deposits on request by Forest Service.
Any money deposited or used for this purpose shall be on the basis of
cooperation or assistance (16 U.S.C. 572).

**H.19 [PROTECTION, USE, AND MAINTENANCE OF IMPROVEMENTS]{.underline}**

Contractor, in all phases of construction and logging operations, shall
protect insofar as practicable all land survey corners, telephone lines,
ditches, fences, and other improvements. If such improvements are
damaged by Contractor\'s operations under this contract, Contractor
shall restore them immediately to condition existing immediately prior
to logging. When necessary, Forest Service may require Contractor to
move any such telephone lines or fences from one location to another.
All roads and trails, designated by Forest Service as needed for fire
protection or other purposes, shall at all times be kept free of logs,
brush, and debris resulting from Contractor\'s operations. Contractor
shall perform or pay for road maintenance commensurate with his use.
Roads or trails damaged through such use shall promptly be restored by
Contractor. Contractor\'s use of existing roads may be restricted as
indicated on sale area map.

**H.20 [LANDSCAPE PRESERVATION]{.underline}**

\(a\) The Contractor shall confine operations to within the clearing
limits or other areas designated in contract documents, and prevent the
depositing of rocks, excavated materials, stumps, or other debris
outside of these limits. Material which falls outside of these limits
shall be retrieved, disposed of, or incorporated in the work as directed
by the Contracting Officer.

\(b\) Operation shall be scheduled and conducted to minimize erosion of
soils and to prevent silting and muddying of streams, rivers irrigation
systems, lakes, reservoirs, and other surface waters.

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. Mechanized
equipment shall not be operated in live streams without written approval
by the Contracting Officer.

\(c\) Pollutants such as fuels, lubricants, bitumen's, raw sewage, and
other harmful materials shall not be discharged into or near rivers,
streams, and impoundments, or into or near rivers, streams, and
impoundments, or into natural or man made channels leading thereto.

**[Fuel Storage]{.underline}**

According to EPA requirements (40 CFR 112), if the total oil or oil
products storage exceeds

1,320 gallons or if any single container exceeds a capacity of 660
gallons, the Contractor shall

prepare and implement a Spill Prevention and Countermeasures (SPCC )
Plan. Such plan shall

be certified by a registered professional engineer.

**[Oils and Other Hazardous Substances Spills]{.underline}**

Executive Order 11752 - Prevention, Control, and Abatement of
Environmental Pollution a

Federal Facilities, 40 CFR 300 - National Oil and Hazardous Substances
Contingency Plan, 40

CFR 110 - Discharge of Oil, 40 CFR 112 - Oil Prevention Pollution, and
the Clean Water Act

of 1977 (P. l. 95 -217), Fixes liability for clean-up and abatement of
spills of oil and hazardous

substances on the Contractor.

The Contractor under the direction of the Contracting Officer, or in the
absence of said officer, acting independently, shall immediately take
action to contain and clean up, without expense to the Government, all
petroleum products spills on/or in the vicinity of the project which are
caused by the Contractor\'s employees directly or indirectly as a result
of construction operations. The Contractor will be liable for all
damages and costs of additional labor, subsistence, equipment, supplies,
and transportation deemed necessary by the Government for the
containment and clean up of petroleum products spills.

The Contractor shall immediately report all petroleum products spills to
the Contracting Officer.

**H.21 [LANGUAGE REQUIREMENT]{.underline}**

The Contractor\'s on-site Representative MUST be fully conversant in the
English Language. See Section H, Clause 52.236-06 - Superintendence by
the Contractor.

# H.22 ALIEN LABOR

This contract involves the employment of unskilled labor working under
arduous field conditions. Such employment may be attractive to persons
coming from foreign countries, sometimes illegally. Offerors are
reminded that it is a crime to (1) bring into the United States, (2)
transport within the United States, or (3) harbor within the United
States, aliens who do not have a proper visa for entry and work in this
country (8 U.S.C. 1323-1325). If violations are suspected during the
performance of work under this contract, they will be reported to the
U.S. Immigration and Naturalization Service (INS) for investigation and
appropriate action. Conviction under these statutes will be considered
in determining responsibility of a Contractor in future awards.

If an employer suspect's fraud, they should contact the nearest Office
of Immigration and Naturalization.

**H.23 [LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL
AGRICULTURAL]{.underline}**

**[WORKERS]{.underline}**

Scope - The Migrant and Seasonal Agricultural Workers Protection Act
(MSPA) was passed to eliminate activities that are detrimental to
migrant and seasonal agricultural workers, to require registration of
farm labor contractors, and to assure necessary protections for the
workers. In addition, to traditional farm labor activities, the Act
applies to predominately manual forestry work including, but not limited
to, tree planting, release, precommercial thinning, and site
preparation.

Definitions - The following are summaries of certain terms contained in
the Act. Complete definitions can be found in 29 CFR 500.20.

\"Migrant Agricultural Worker\" and \"Seasonal Agricultural Worker\"
means; individuals employed in agricultural (including forestry) work on
a seasonal or temporary basis. A worker who moves from one seasonal
activity to another is employed on a seasonal basis even though he or
she may continue to be employed during a major portion of the year.
Migrant workers are required to be absent overnight from their permanent
place of residence. Seasonal workers are not required to be absent
overnight from their permanent place of residence. Members of the
contractor\'s immediate family are not considered to be either migrant
or seasonal workers.

\"Farm Labor Contractor\" means; an individual who, for pay, performs
any recruiting, soliciting, hiring, employing, furnishing, or
transporting of any migrant or seasonal agricultural worker.

\"Immediate family\" includes only 1) spouse; 2) children, stepchildren,
or foster children; 3) parents, stepparents, or foster parents; and 4)
brothers and sisters.

Registration Requirement - Any contractor who provides or hires migrant
or seasonal workers to perform agricultural or manual forestry work is
required to first obtain a Certificate of Registration from the
Department of Labor or an authorized State agency. The contractor must
carry the Certificate at all times while engaged in labor contracting
activities, and must display it upon request. Any of the contractor\'s
employees who also perform farm labor contractor duties must have their
own Farm Labor Contractor Employee Certificate.

Worker Protections - The Act provides protections and standards related
to wage disclosure, recordkeeping, vehicle safety, and housing. The full
text of the regulation can be found in 29 CFR 500.

1\) Wage and Payroll Standards

a). The contractor must disclose to each worker the full terms of their
employment at the time they

are recruited or hired. The Department of Labor provides an optional
form for contractor\'s use

in disclosure.

b). The contractor must display and maintain the MSPA poster provided by
the Department of

Labor. The poster shall be in the language common to the workers.

c). The contractor must keep the following payroll records for each
employee: name, address, social security number, basis for wages (i.e.
per hour, per tree, per acre), number of units earned if paid on a per
unit basis, hours worked, total pay, withholdings and purpose for each,
and net pay. Payroll records shall be retained for three years. (If paid
on a piece rate basis, the employee\'s wage must be at least equivalent
to the required hourly wage for the hours worked, including overtime
differential for time in excess of 40 hours per week.)

d). Payments must be made no less frequently than every two weeks. At
the time of each payment, the contractor shall provide to the employee a
written itemization of the information listed above.

2\. Motor Vehicle Safety

a). The authorization to transport employees must appear on the
contractor\'s certificate. The con-

tractor must be registered to transport employees, unless employees
provide their own transportation

or carpool by their own arrangement in one of their own vehicles. If
contractor directs or

requests employees to car-pool the registration requirement is still
applicable.

b). Contractor-provided automobiles and station wagons shall comply with
specified safety stan-

dards. Vehicles larger than a station wagon must comply with additional
standards described

in 29 CFR 500.105, and must be operated by a certified driver.

c). An insurance policy or liability bond is required for each
contractor-provided vehicle used to

transport workers.

3\. Housing

a). The authorization to furnish housing, other than commercial lodging,
must appear on the

contractor's certificate.

b). The act allows workers to be housed only in a commercial
establishment or a facility that has

been certified by a health authority or other appropriate agency. The
certificate must be posted at the site.

**H.24 [USE OF UNDOCUMENTED WORKERS]{.underline}**

The Immigration and Nationality Act as amended by the Immigration Reform
and Control Act (8 USC 1324a; 8 CFR 274a) makes it unlawful for an
employer to hire unauthorized aliens (undocumented workers) and
established the I09 Form as the document to be used for employment
eligibility verification.

The contractor is required to 1) have all employees completed and sign
the I-9 Form to certify that they are eligible for employment; 2)
examine documents presented by the employee and ensure the documents
appear to be genuine and related to the individual; 3) record
information about the documents on the form, and complete the
certification portion of the form; 4) retain the form for three years,
or one year past the end of employment of the individual, whichever is
longer.

It is illegal to discriminate against any individual (other than a
citizen of another country who is not authorized to work in

the U.S.) in hiring, discharging, or recruiting because of that
individual\'s national origin or citizenship status. For further
information on the requirements of the Act, contractors should contact
the Employer and Labor Relations Officer of their local INS office.

**H.25 [PREWORK CONFERENCE]{.underline}**

Prior to commencement of work, the Contractor will meet with the
Contracting Officer to discuss contract terms, work performance
requirements and work progress schedules. Also at this meeting such
things as sanitation, camping requirements, fire prevention and
suppression plans will be developed. The meeting will be held at a time
and place determined by the Contracting Officer.

**H.26 [WORK PROGRESS SCHEDULE ]{.underline}**

The Contractor shall be required to present at the prework conference
(or within 10 days thereafter) a written plan of work providing for the
orderly and timely completion of the contract requirements. This plan is
subject to the approval of the Contracting Officer. The schedule may be
modified in writing during the course of the contract when conditions
warrant it.

If the work progress falls behind schedule, the Contractor shall take
such action as necessary to ensure that the timely completion of the
contract is not jeopardized. In addition, the Contracting Officer may
require the Contractor to submit a revised plan of work showing how he
intends to complete the project on time and in compliance with all
contract requirements.

**H.27 [WORKERS COMPENSATION INSURANCE]{.underline}**

The Contractor shall provide evidence of Worker\'s Compensation
Insurance or a letter from the State Department of Industrial Relations
exempting the Contractor from the requirement. NOTE: A Contractor
working alone is not required to carry the insurance.

**[SECTION I - CONTRACT CLAUSES]{.underline}**

**I.1 See FAR Clause 52.252-02 - CLAUSES INCORPORATED BY REFERENCE (FEB
1998) at the end of this**

**Section I.**

**Clauses Incorporated by Reference are designated in Lower Case
Letter.**

**CLAUSES INCLUDED IN FULL TEXT ARE DESIGNATED IN UPPER CASE LETTERS.**

52.202-01 Definitions (OCT 1995)

52.203-03 Gratuities (APR 1984)

52.203-05 Covenant Against Contingent Fees (APR 1984)

52.203-06 Restrictions on Subcontractor Sales to the Government (JUL
1995)

52.203-07 Anti-Kickback Procedures (JUL 1995)

52.203-08 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 Limitations on Payments to Influence Certain Federal
Transactions (JUN 1997)

52.204-04 Printing/Copying Double- Sided on Recycled Paper (JUN 1996)

52.209-06 Protecting the Government\'s Interest When Subcontracting with
Contractors

Debarred, Suspended, or Proposed for Debarment (JUL 1995)

52.215-02 Audit and Records\--Negotiation (JUN 1999)

8.  Order of Precedence\--Uniform Contract Format (OCT 1997)

52.219-06 Notice of Total Small Business Set-Aside (JUL 1996)

8.  Utilization of Small Business Concerns (OCT 1999)

52.222-03 Convict Labor (AUG 1996)

52.222-04 Contract Work Hours and Safety Standards Act\--Overtime
Compensation (JUL 1995)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (FEB 1999)

52.222-35 Affirmative Action for Disabled Veterans and Veterans of the
Vietnam Era (APR 1998)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Disabled Veterans and Veterans of the
Vietnam Era (JAN 1999)

41. SEVICE CONTRACT ACT OF 1965, AS AMENDED (MAY 1989)

42. STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

43. Fair Labor Standards Act and Service Contract Act---Price Adjustment
    (Multiple Year and Option Contracts)(MAY 1989)

52.222-44 Fair Labor Standards Act and Service Contract Act\--Price
adjustment (MAY 1989)

52.223-06 Drug-Free Workplace (JAN 1997)

52.225-14 Inconsistency between English Version and Translation of
Contract (FEB 2000)

52.227-01 Authorization and Consent (JUL 1995)

2.  Notice of Assistance Regarding Patent and Copyright Infringement
    (AUG 1996)

52.228-05 INSURANCE---WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-03 Federal, State, and Local Taxes (JAN 1991)

52.232-01 Payments (APR 1984)

**52.232-08** **DISCOUNTS FOR PROMT PAYMENT (MAY 1997)**

52.232-11 Extras (APR 1984)

52.232-17 Interest (JUN 1996)

52.232-18 Availability of Funds (APR 1984)

**52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)**

52.232-25 Prompt Payment (JUN 1997)

34. **PAYMENT BY ELECTRONIC FUNDS TRANSFER---OTHER THAN CENTRAL
    CONTRACTOR REGISTRATION (MAY 1999)**

35. **DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS
    TRANSFER INFORMATION (MAY 1999)**

36. **PAYMENT BY THIRD PARTY (MAY 1999)**

**52.233-01 DISPUTES (DEC 1998)**

52.233-03 Protest after Award (AUG 1996)

**52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (APR 1984)**

52.242-13 Bankruptcy (JUL 1995)

**52.243-01A1 CHANGES---FIXED PRICE (AUG 1987)**

52.244-05 Competition in Subcontracting (DEC 1996)

**52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCAL COMPONENTS**

**(OCT 1998)**

52.245-04 Government-Furnished Property (Short Form) (APR 1984)

25. Limitation of Liability\--Services (FEB 1997)

52.249-02 TERMINATION FOR CONVENICE OF THE GOVERNMENT (FIXED-PRICE)

(SEP 1996)

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)(APR 1984)

52.252-02 CLAUSES INCORPORATED BY REFERNCE (FEB 1998)

52.253-01 Computer Generated Forms (JAN 1991)

**I.2 [SERVICE CONTRACT ACT OF 1965, AS AMENDED]{.underline} (FAR
52.222-41)(MAY 1989)**

\(a\) Definitions. \"Act,\" as used in this clause, means the Service
Contract Act of 1965, as amended (41 U.S.C. 351, et seq.).

\"Contractor,\" as used in this clause or in any subcontract, shall be
deemed to refer to the subcontractor, except in the term \"Government
Prime Contractor.\"

\"Service employee,\" as used in this clause, means any person engaged
in the performance of this contract other than any person employed in a
bona fide executive, administrative, or professional capacity, as these
terms are defined in Part 541 of Title 29, Code of Federal Regulations,
as revised. It includes all such persons regardless of any contractual
relationship that may be alleged to exist between a Contractor or
subcontractor and such persons.

\(b\) Applicability. This contract is subject to the following
provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor (29 CFR Part 4). This clause does
not apply to contracts or subcontracts administratively exempted by the
Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in
Subpart C of 29 CFR Part 4.

\(c\) Compensation. (1) Each service employee employed in the
performance of this contract by the Contractor or any subcontractor
shall be paid not less than the minimum monetary wages and shall be
furnished fringe benefits in accordance with the wages and fringe
benefits determined by the Secretary of Labor, or authorized
representative, as specified in any wage determination attached to this
contract.

(2)(i) If a wage determination is attached to this contract, the
Contractor shall classify any class of service employee which is not
listed therein and which is to be employed under the contract (i.e., the
work to be performed is not performed by any classification listed in
the wage determination) so as to provide a reasonable relationship
(i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage
determination. Such conformed class of employees shall be paid the
monetary wages and furnished the fringe benefits as are determined
pursuant to the procedures in this paragraph (c).

\(ii\) This conforming procedure shall be initiated by the Contractor
prior to the performance of contract work by the unlisted class of
employee. The Contractor shall submit Standard Form (SF) 1444, Request
For Authorization of Additional Classification and Rate, to the
Contracting Officer no later than 30 days after the unlisted class of
employee performs any contract work. The Contracting Officer shall
review the proposed classification and rate and promptly submit the
completed SF 1444 (which must include information regarding the
agreement or disagreement of the employees\' authorized representatives
or the employees themselves together with the agency recommendation),
and all pertinent information to the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor. The Wage and Hour
Division will approve, modify, or disapprove the action or render a
final determination in the event of disagreement within 30 days of
receipt or will notify the Contracting Officer within 30 days of receipt
that additional time is necessary.

\(iii\) The final determination of the conformance action by the Wage
and Hour Division shall be transmitted to the Contracting Officer who
shall promptly notify the Contractor of the action taken. Each affected
employee shall be furnished by the Contractor with a written copy of
such determination or it shall be posted as a part of the wage
determination.

(iv)(A) The process of establishing wage and fringe benefit rates that
bear a reasonable relationship to those listed in a wage determination
cannot be reduced to any single formula. The approach used may vary from
wage determination to wage determination depending on the circumstances.
Standard wage and salary administration practices which rank various job
classifications by pay grade pursuant to point schemes or other job
factors may, for example, be relied upon. Guidance may also be obtained
from the way different jobs are rated under Federal pay systems (Federal
Wage Board Pay System and the General Schedule) or from other wage
determinations issued in the same locality. Basic to the establishment
of any conformable wage rate(s) is the concept that a pay relationship
should be maintained between job classifications based on the skill
required and the duties performed.

\(B\) In the case of a contract modification, an exercise of an option,
or extension of an existing contract, or in any other case where a
Contractor succeeds a contract under which the classification in
question was previously conformed pursuant to paragraph (c) of this
clause, a new conformed wage rate and fringe benefits may be assigned to
the conformed classification by indexing (i.e., adjusting) the previous
conformed rate and fringe benefits by an amount equal to the average
(mean) percentage increase (or decrease, where appropriate) between the
wages and fringe benefits specified for all classifications to be used
on the contract which are listed in the current wage determination, and
those specified for the corresponding classifications in the previously
applicable wage determination. Where conforming actions are accomplished
in accordance with this paragraph prior to the performance of contract
work by the unlisted class of employees, the

Contractor shall advise the Contracting Officer of the action taken but
the other procedures in subdivision (c)(2)(ii) of this clause need not
be followed.

\(C\) No employee engaged in performing work on this contract shall in
any event be paid less than the currently applicable minimum wage
specified under section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended.

\(v\) The wage rate and fringe benefits finally determined under this
subparagraph (c)(2) of this clause shall be paid to all employees
performing in the classification from the first day on which contract
work is performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the interested
parties and/or finally determined by the Wage and Hour Division
retroactive to the date such class of employees commenced contract work
shall be a violation of the Act and this contract.

\(vi\) Upon discovery of failure to comply with subparagraph (c)(2) of
this clause, the Wage and Hour Division shall make a final determination
of conformed classification, wage rate, and/or fringe benefits which
shall be retroactive to the date such class or classes of employees
commenced contract work. (3) Adjustment of compensation. If the term of
this contract is more than 1 year, the minimum monetary wages and fringe
benefits required to be paid or furnished there under to service
employees under this contract shall be subject to adjustment after 1
year and not less often than once every 2 years, under wage
determinations issued by the Wage and Hour Division.

\(d\) Obligation to furnish fringe benefits. The Contractor or
subcontractor may discharge the obligation to furnish fringe benefits
specified in the attachment or determined under subparagraph (c)(2) of
this clause by furnishing equivalent combinations of bona fide fringe
benefits, or by making equivalent or differential cash payments, only in
accordance with Subpart D of 29 CFR Part 4.

\(e\) Minimum wage. In the absence of a minimum wage attachment for this
contract, neither the Contractor nor any subcontractor under this
contract shall pay any person performing work under this contract
(regardless of whether the person is a service employee) less than the
minimum wage specified by section 6(a)(1) of the Fair Labor Standards
Act of 1938. Nothing in this clause shall relieve the Contractor or any
subcontractor of any other obligation under law or contract for payment
of a higher wage to any employee.

\(f\) Successor contracts. If this contract succeeds a contract subject
to the Act under which substantially the same services were furnished in
the same locality and service employees were paid wages and fringe
benefits provided for in a collective bargaining agreement, in the
absence of the minimum wage attachment for this contract setting forth
such collectively bargained wage rates and fringe benefits, neither the
Contractor nor any subcontractor under this con-tract shall pay any
service employee performing any of the contract work (regardless of
whether or not such employee was employed under the predecessor
contract), less than the wages and fringe benefits provided for in such
collective bargaining agreement, to which such employee would have been
entitled if employed under the predecessor contract, including accrued
wages and fringe benefits and any prospective increases in wages and
fringe benefits provided for under such agreement. No Contractor or
subcontractor under this contract may be relieved of the foregoing
obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the
Secretary of Labor or the Secretary\'s authorized representative finds,
after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe
benefits provided for in such agreement are substantially at variance
with those which prevail for services of a character similar in the
locality, or determines, as provided in 29 CFR 4.11, that the collective
bargaining agreement applicable to service employees employed under the
predecessor contract was not entered into as a result of arm\'s length
negotiations. Where it is found in accordance with the review procedures
provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all
of the wages and/or fringe benefits contained in a predecessor
Contractor\'s collective bargaining agreement are substantially at
variance with those which prevail for services of a character similar in
the locality, and/or that the collective bargaining agreement applicable
to service employees employed under the predecessor contract was not
entered into as a result of arm\'s length negotiations, the Department
will issue a new or revised wage determination setting forth the
applicable wage rates and fringe benefits. Such determination shall be
made part of the contract or subcontract, in accordance with the
decision of the Administrator, the Administrative Law Judge, or the
Board of Service Contract Appeals, as the case may be, irrespective of
whether such issuance occurs prior to or after the award of a contract
or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage
determination issued solely as a result of a finding of substantial
variance, such determination shall be effective as of the date of the
final administrative decision.

\(g\) Notification to employees. The Contractor and any subcontractor
under this contract shall notify each service employee commencing work
on this contract of the minimum monetary wage and any fringe benefits
required to be paid pursuant to this contract, or shall post the wage
determination attached to this contract. The poster provided by the
Department of Labor (Publication WH 1313) shall be posted in a prominent
and accessible place at the worksite. Failure to comply with this
requirement is a violation of section 2(a)(4) of the Act and of this
contract.

\(h\) Safe and sanitary working conditions. The Contractor or
subcontractor shall not permit any part of the services called for by
this contract to be performed in buildings or surroundings or under
working conditions provided by or under the control or supervision of
the Contractor or subcontractor which are unsanitary, hazardous, or
dangerous to the health or safety of the service employees. The
Contractor or subcontractor shall comply with the safety and health
standards applied under 29 CFR Part 1925.

\(i\) Records. (1) The Contractor and each subcontractor performing work
subject to the Act shall make and maintain for 3 years from the
completion of the work, and make them available for inspection and
transcription by authorized representatives of the Wage and Hour
Division, Employment Standards Administration, a record of the
following:

\(i\) For each employee subject to the Act\--

\(A\) Name and address and social security number;

\(B\) Correct work classification or classifications, rate or rates of
monetary wages paid and fringe benefits provided, rate or rates of
payments in lieu of fringe benefits, and total daily and weekly
compensation;

\(C\) Daily and weekly hours worked by each employee; and

\(D\) Any deductions, rebates, or refunds from the total daily or weekly
compensation of each employee.

\(ii\) For those classes of service employees not included in any wage
determination attached to this contract, wage rates or fringe benefits
determined by the interested parties or by the Administrator or
authorized representative under the terms of paragraph (c) of this
clause. A copy of the report required by subdivision (c)(2)(ii) of this
clause will fulfill this requirement.

\(iii\) Any list of the predecessor Contractor\'s employees which had
been furnished to the Contractor as prescribed by paragraph (n) of this
clause.

\(2\) The Contractor shall also make available a copy of this contract
for inspection or transcription by authorized representatives of the
Wage and Hour Division.

\(3\) Failure to make and maintain or to make available these records
for inspection and transcription shall be a violation of the regulations
and this contract, and in the case of failure to produce these records,
the Contracting Officer, upon direction of the Department of Labor and
notification to the Contractor, shall take action to cause suspension of
any further payment or advance of funds until the violation ceases.

\(4\) The Contractor shall permit authorized representatives of the Wage
and Hour Division to conduct interviews with employees at the worksite
during normal working hours.

\(j\) Pay periods. The Contractor shall unconditionally pay to each
employee subject to the Act all wages due free and clear and without
subsequent deduction (except as otherwise provided by law or
regulations, 29 CFR Part 4), rebate, or kickback on any account. These
payments shall be made no later than one pay period following the end of
the regular pay period in which the wages were earned or accrued. A pay
period under this Act may not be of any duration longer than
semi-monthly.

\(k\) Withholding of payments and termination of contract. The
Contracting Officer shall withhold or cause to be withheld from the
Government Prime Contractor under this or any other Government contract
with the Prime Contractor such sums as an appropriate official of the
Department of Labor requests or such sums as the Contracting Officer
decides may be necessary to pay underpaid employees employed by the
Contractor or subcontractor. In the event of failure to pay any
employees subject to the Act all or part of the wages or fringe benefits
due under the Act, the Contracting Officer may, after authorization or
by direction of the Department of Labor and written notification to the
Contractor, take action to cause suspension of any further payment or
advance of funds until such violations have ceased. Additionally, any
failure to comply with the requirements of this clause may be grounds
for termination of the right to proceed with the contract work. In such
event, the Government may enter into other contracts or arrangements for
completion of the work, charging the Contractor in default with any
additional cost.

\(l\) Subcontracts. The Contractor agrees to insert this clause in all
subcontracts subject to the Act.

\(m\) Collective bargaining agreements applicable to service employees.
If wages to be paid or fringe benefits to be furnished any service
employees employed by the Government Prime Contractor or any
subcontractor under the contract are provided for in a collective
bargaining agreement which is or will be effective during any period in
which the contract is being performed, the Government Prime Contractor
shall report such fact to the Contracting Officer, together with full
information as to the application and accrual of such wages and fringe
benefits, including any prospective increases, to service employees
engaged in work on the contract, and a copy of the collective bargaining
agreement. Such report shall be made upon commencing performance of the
contract, in the case of collective bargaining agreements effective at
such time, and in the case of such agreements or provisions or
amendments thereof effective at a later time during the period of
contract performance such agreements shall be reported promptly after
negotiation thereof.

\(n\) Seniority list. Not less than 10 days prior to completion of any
contract being performed at a Federal facility where service employees
may be retained in the performance of the succeeding contract and
subject to a wage determination which contains vacation or other benefit
provisions based upon length of service with a Contractor (predecessor)
or successor (29 CFR 4.173), the incumbent Prime Contractor shall
furnish the Contracting Officer a certified list of the names of all
service employees on the Contractor\'s or subcontractor\'s payroll
during the last month of contract performance. Such list shall also
contain anniversary dates of employment on the contract either with the
current or predecessor Contractors of each such service employee. The
Contracting Officer shall turn over such list to the successor
Contractor at the commencement of the succeeding contract.

\(o\) Rulings and interpretations. Rulings and interpretations of the
Act are contained in Regulations, 29 CFR Part 4.

\(p\) Contractor\'s certification.

\(1\) By entering into this contract, the Contractor (and officials
thereof) certifies that neither it (nor he or she) nor any person or
firm who has a substantial interest in the Contractor\'s firm is a
person or firm ineligible to be awarded Government contracts by virtue
of the sanctions imposed under section 5 of the Act.

\(2\) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract under section 5 of
the Act.

\(3\) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.

\(q\) Variations, tolerances, and exemptions involving employment.
Notwithstanding any of the provisions in paragraphs (b) through (o) of
this clause, the following employees may be employed in accordance with
the following variations, tolerances, and exemptions, which the
Secretary of Labor, pursuant to section 4(b) of the Act prior to its
amendment by Pub. L. 92-473, found to be necessary and proper in the
public interest or to avoid serious impairment of the conduct of
Government business:

\(1\) Apprentices, student-learners, and workers whose earning capacity
is impaired by age, physical or mental deficiency, or injury may be
employed at wages lower than the minimum wages otherwise required by
section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe
benefits or cash payments in lieu thereof required under section 2(a)(2)
of the Act, in accordance with the conditions and procedures prescribed
for the employment of apprentices, student-learners, handicapped
persons, and handicapped clients of sheltered workshops under section 14
of the Fair Labor Standards Act of 1938, in the regulations issued by
the Administrator (29 CFR Parts 520, 521, 524, and 525).

\(2\) The Administrator will issue certificates under the Act for the
employment of apprentices, student-learners, handicapped persons, or
handicapped clients of sheltered workshops not subject to the Fair Labor
Standards Act of 1938, or subject to different minimum rates of pay
under the two acts, authorizing appropriate rates of minimum wages (but
without changing requirements concerning fringe benefits or
supplementary cash payments in lieu thereof), applying procedures
prescribed by the applicable regulations issued under the Fair Labor
Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

\(3\) The Administrator will also withdraw, annul, or cancel such
certificates in accordance with the regulations in 29 CFR Parts 525 and
528.

\(r\) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they perform when they are employed
and individually registered in a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the
U.S. Department of Labor, or if no such recognized agency exists in a
State, under a program registered with the Bureau of Apprenticeship and
Training, Employment and Training Administration, U.S. Department of
Labor. Any employee who is not registered as an apprentice in an
approved program shall be paid the wage rate and fringe benefits
contained in the applicable wage determination for the journeyman
classification of work actually performed. The wage rates paid
apprentices shall not be less than the wage rate for their level of
progress set forth in the registered program, expressed as the
appropriate percentage of the journeyman\'s rate contained in the
applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification
shall not be greater than the ratio permitted to the Contractor as to
his entire work force under the registered program.

\(s\) Tips. An employee engaged in an occupation in which the employee
customarily and regularly receives more than \$30 a month in tips may
have the amount of these tips credited by the employer against the
minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act,
in accordance with section 3(m) of the Fair Labor Standards Act and
Regulations, 29 CFR Part 531. However, the amount of credit shall not
exceed \$1.34 per hour beginning January 1, 1981. To use this
provision\--

\(1\) The employer must inform tipped employees about this tip credit
allowance before the credit is utilized;

\(2\) The employees must be allowed to retain all tips (individually or
through a pooling arrangement and regardless of whether the employer
elects to take a credit for tips received);

\(3\) The employer must be able to show by records that the employee
receives at least the applicable Service Contract Act minimum wage
through the combination of direct wages and tip credit; and

\(4\) The use of such tip credit must have been permitted under any
predecessor collective bargaining agreement applicable by virtue of
section 4(c) of the Act.

\(t\) Disputes concerning labor standards. The U.S. Department of Labor
has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving
disputes concerning labor standards requirements. Such disputes shall be
resolved in accordance with those procedures and not the Disputes clause
of this contract. Disputes within the meaning of this clause include
disputes between the Contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or
their representatives.

**I.3 [STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES]{.underline} (FAR
52.222-42)(MAY 1989)**

In compliance with the Service Contract Act of 1965, as amended, and the
regulations of the Secretary of Labor (29 CFR Part 4), this clause
identifies the classes of service employees expected to be employed
under the contract and states the wages and fringe benefits payable to
each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

EMPLOYEE CLASS MONETARY WAGE\-- FRINGE BENEFITS

[Forestry Truck Driver WG-6 \$14.05]{.underline}

**I.4 [INSURANCE\--WORK ON A GOVERNMENT INSTALLATION]{.underline} (FAR
52.228-5)(JAN 1997)**

\(a\) The Contractor shall, at its own expense, provide and maintain
during the entire performance of this contract, at least the kinds and
minimum amounts of insurance required in the Schedule or elsewhere in
the contract.

\(b\) Before commencing work under this contract, the Contractor shall
notify the Contracting Officer in writing that the required insurance
has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any
material change adversely affecting the Government\'s interest shall not
be effective\--

\(1\) For such period as the laws of the State in which this contract is
to be performed prescribe; or

\(2\) Until 30 days after the insurer or the Contractor gives written
notice to the Contracting Officer, whichever period is longer.

\(c\) The Contractor shall insert the substance of this clause,
including this paragraph (c), in subcontracts under this contract that
require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in the
Schedule or elsewhere in the contract. The Contractor shall maintain a
copy of all subcontractors\' proofs of required insurance, and shall
make copies available to the Contracting Officer upon request. (See
Section H.15).

I.5 [DISCOUNTS FOR PROMPT PAYMENT]{.underline} (FAR 52.232-8)(MAY 1997)

\(a\) Discounts for prompt payment will not be considered in the
evaluation of offers. However, any offered discount will form a part of
the award, and will be taken if payment is made within the discount
period indicated in the offer by the offeror. As an alternative to
offering a prompt payment discount in conjunction with the offer,
offerors awarded contracts may include prompt payment discounts on
individual invoices. (b) In connection with any discount offered for
prompt payment, time shall be computed from the date of the invoice. If
the Contractor has not placed a date on the invoice, the due date shall
be calculated from the date the designated billing office receives a
proper invoice, provided the agency annotates such invoice with the date
of receipt at the time of receipt. For the purpose of computing the
discount earned, payment shall be considered to have been made on the
date that appears on the payment check or, for an electronic funds
transfer, the specified payment date. When the discount date falls on a
Saturday, Sunday, or legal holiday when Federal Government offices are
closed and Government business is not expected to be conducted, payment
may be made on the following business day.

**I.6 [ASSIGNMENT OF CLAIMS]{.underline} (FAR 52.232-23)(JAN 1986)**

\(a\) The Contractor, under the Assignment of Claims Act, as amended, 31
U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as \"the Act\"), may
assign its rights to be paid amounts due or to become due as a result of
the performance of this contract to a bank, trust company, or other
financing institution, including any Federal lending agency. The
assignee under such an assignment may thereafter further assign or
reassign its right under the original assignment to any type of
financing institution described in the preceding sentence.

\(b\) Any assignment or reassignment authorized under the Act and this
clause shall cover all unpaid amounts payable under this contract, and
shall not be made to more than one party, except that an assignment or
reassignment may be made to one party as agent or trustee for two or
more parties participating in the financing of this contract.

\(c\) The Contractor shall not furnish or disclose to any assignee under
this contract any classified document (including this contract) or
information related to work under this contract until the Contracting
Officer authorizes such action in writing.

**I.7 [PAYMENT BY ELECTRONIC FUNDS TRANSFER\--OTHER THAN CENTRAL
CONTRACTOR]{.underline}**

**[REGISTRATION]{.underline} (FAR 52.232-34)(MAY 1999)**

\(a\) Method of payment. (1) All payments by the Government under this
contract shall be made by electronic funds transfer (EFT) except as
provided in paragraph (a)(2) of this clause. As used in this clause, the
term \"EFT\" refers to the funds transfer and may also include the
payment information transfer.

\(2\) In the event the Government is unable to release one or more
payments by EFT, the Contractor agrees to either\--

\(i\) Accept payment by check or some other mutually agreeable method of
payment; or

\(ii\) Request the Government to extend payment due dates until such
time as the Government makes payment by EFT (but see paragraph (d) of
this clause).

\(b\) Mandatory submission of Contractor\'s EFT information.

\(1\) The Contractor is required to provide the Government with the
information required to make payment by EFT (see paragraph (j) of this
clause). The Contractor shall provide this information directly to the
office designated in this contract to receive that information
(hereafter: \"designated office\") by no later than 15 days prior to
submission of the first request for payment. If not otherwise specified
in this contract, the payment office is the designated office for
receipt of the Contractor\'s EFT information. If more than one
designated office is named for the contract, the Contractor shall
provide a separate notice to each office. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the designated office(s). (2) If the
Contractor provides EFT information applicable to multiple contracts,
the Contractor shall specifically state the applicability of this EFT
information in terms acceptable to the designated office. However, EFT
information supplied to a designated office shall be applicable only to
contracts that identify that designated office as the office to receive
EFT information for that contract.

\(c\) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to
the rules of the National Automated Clearing House Association, or the
Fedwire

Transfer System. The rules governing Federal payments through the ACH
are contained in 31 CFR part 210. (d) Suspension of payment. (1) The
Government is not required to make any payment under this contract until
after receipt, by the designated office, of the correct EFT payment
information from the Contractor. Until receipt of the correct EFT
information, any invoice or contract financing request shall be deemed
not to be a proper invoice for the purpose of prompt payment under

this contract. The prompt payment terms of the contract regarding notice
of an improper invoice and delays in accrual of interest penalties
apply.

\(2\) If the EFT information changes after submission of correct EFT
information, the Government shall begin using the changed EFT
information no later than 30 days after its receipt by the designated
office to the extent payment is made by EFT. However, the Contractor may
request that no further payments be made until the updated EFT
information is implemented by the payment office. If such suspension
would result in a late payment under the prompt payment terms of this
contract, the Contractor\'s request for suspension shall extend the due
date for payment by the number of days of

the suspension.

\(e\) Liability for uncompleted or erroneous transfers. (1) If an
uncompleted or erroneous transfer occurs because the Government used the
Contractor\'s EFT information incorrectly, the Government remains
responsible for\--

\(i\) Making a correct payment;

\(ii\) Paying any prompt payment penalty due; and

\(iii\) Recovering any erroneously directed funds.

\(2\) If an uncompleted or erroneous transfer occurs because the
Contractor\'s EFT information was incorrect, or was revised within 30
days of Government release of the EFT payment transaction instruction to
the Federal Reserve

System, and\--

\(i\) If the funds are no longer under the control of the payment
office, the Government is deemed to have made payment and the Contractor
is responsible for recovery of any erroneously directed funds; or

\(ii\) If the funds remain under the control of the payment office, the
Government shall not make payment and the provisions of paragraph (d)
shall apply.

\(f\) EFT and prompt payment. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal

Reserve System, the date specified for settlement of the payment is on
or before the prompt payment due date, provided the specified payment
date is a valid date under the rules of the Federal Reserve System.

\(g\) EFT and assignment of claims. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of claims
terms of this contract, the Contractor shall require as a condition of
any such assignment, that the assignee shall provide the EFT information
required by paragraph (j) of this clause to the designated office, and
shall be paid by EFT in accordance with the terms of this clause. In all
respects, the requirements of this clause shall apply to the assignee as
if it were the Contractor. EFT information that shows the ultimate
recipient of the transfer to be other than the Contractor, in the
absence of a proper assignment of claims acceptable to the Government,
is incorrect EFT information within the meaning of paragraph (d) of this
clause.

\(h\) Liability for change of EFT information by financial agent. The
Government is not liable for errors resulting from changes to EFT
information provided by the Contractor\'s financial agent.

\(i\) Payment information. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any
particular payment office and retains the latitude to use the format and
delivery method most convenient to the Government. If the Government
makes payment by check in accordance with paragraph (a) of this clause,
the Government shall mail the payment information to the remittance
address in the contract.

\(j\) EFT information. The Contractor shall provide the following
information to the designated office. The Contractor may supply this
data for this or multiple contracts (see paragraph (b) of this clause).
The Contractor shall designate a single financial agent per contract
capable of receiving and processing the EFT information using the EFT
methods described in paragraph (c) of this clause.

\(1\) The contract number (or other procurement identification number).

\(2\) The Contractor\'s name and remittance address, as stated in the
contract(s).

\(3\) The signature (manual or electronic, as appropriate), title, and
telephone number of the Contractor official authorized to provide this
information.

\(4\) The name, address, and 9-digit Routing Transit Number of the
Contractor\'s financial agent.

\(5\) The Contractor\'s account number and the type of account
(checking, saving, or lockbox).

\(6\) If applicable, the Fedwire Transfer System telegraphic
abbreviation of the Contractor\'s financial agent.

\(7\) If applicable, the Contractor shall also provide the name,
address, telegraphic abbreviation, and 9-digit

Routing Transit Number of the correspondent financial institution
receiving the wire transfer payment if the Contractor\'s financial agent
is not directly on-line to the Fedwire Transfer System; and, therefore,
not the receiver of the wire transfer payment.

**I.8 [DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS
TRANSFER]{.underline}**

**[INFORMATION]{.underline} (FAR 52.232-35)(MAY 1999)**

\(a\) As provided in paragraph (b) of the clause at 52.232-34, Payment
by Electronic Funds Transfer\--Other than Central Contractor
Registration, the Government has designated the office cited in
paragraph (c) of this clause as the office to receive the Contractor\'s
electronic funds transfer (EFT) information, in lieu of the payment
office of this contract.

\(b\) The Contractor shall send all EFT information, and any changes to
EFT information to the office designated in paragraph (c) of this
clause. The Contractor shall not send EFT information to the payment
office, or any other office than that designated in paragraph (c). The
Government need not use any EFT information sent to any office other
than that designated in paragraph (c).

\(c\) Designated Office:

**To initiate EFT payment, contact the National Finance Center at (504)
255-4647.**

I.9 [PAYMENT BY THIRD PARTY]{.underline} (FAR 52.232-36)(MAY 1999)

\(a\) General. The Contractor agrees to accept payments due under this
contract, through payment by a third party in lieu of payment directly
from the Government, in accordance with the terms of this clause. The
third party and, if applicable, the particular Government wide
commercial purchase card to be used are identified elsewhere in this
contract

\(b\) Contractor payment request. In accordance with those clauses of
this contract that authorize the Contractor to submit invoices, contract
financing requests, other payment requests, or as provided in other
clauses providing for payment to the Contractor, the Contractor shall
make such payment requests through a charge to the Government account
with the third

party, at the time and for the amount due in accordance with the terms
of this contract.

\(c\) Payment. The Contractor and the third party shall agree that
payments due under this contract shall be made upon submittal of payment
requests to the third party in accordance with the terms and conditions
of an agreement

between the Contractor, the Contractor\'s financial agent (if any), and
the third party and its agents (if any). No payment shall be due the
Contractor until such agreement is made. Payments made or due by the
third party under this clause are not payments made by the Government
and are not subject to the Prompt Payment Act or any implementation
thereof in this contract.

\(d\) Documentation. Documentation of each charge against the
Government\'s account shall be provided to the Contracting Officer upon
request.

\(e\) Assignment of claims. Notwithstanding any other provision of this
contract, if any payment is made under this clause, then no payment
under this contract shall be assigned under the provisions of the
assignment of claims terms of this contract or the Assignment of Claims
Act of 1940, as amended, 31 U.S.C. 3727, 41 U.S.C. 15.

\(f\) Other payment terms. The other payment terms of this contract
shall govern the content and submission of payment requests. If any
clause requires information or documents in or with the payment request,
that is not provided in the third party agreement referenced in
paragraph (c) of this clause, the Contractor shall obtain instructions
from the Contracting

Officer before submitting such a payment request.

**I.10 [DISPUTES]{.underline} (FAR 52.233-1)(DEC 1998)**

\(a\) This contract is subject to the Contract Disputes Act of 1978, as
amended (41 U.S.C. 601-613).

\(b\) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.

\(c\) \"Claim,\" as used in this clause, means a written demand or
written assertion by one of the contracting parties seeking, as a matter
of right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or
relating to this contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a
contract clause that provides for the relief sought by the claimant.
However, a written demand or written assertion by the Contractor seeking
the payment of money exceeding \$100,000 is not a claim under the Act
until certified as required by subparagraph (d)(2) of this clause. A
voucher, invoice, or other routine request for payment that is not in
dispute when submitted is not a claim under the Act. The submission may
be converted to a claim under the Act, by complying with the submission
and certification requirements of this clause, if it is disputed either
as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless
otherwise stated in this contract, submitted within 6 years after
accrual of the claim to the Contracting Officer for a written decision.
A claim by the Government against the Contractor shall be subject to a
written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in
paragraph (d)(2)(iii) of this clause when submitting any claim exceeding
\$100,000.

\(ii\) The certification requirement does not apply to issues in
controversy that have not been submitted as all or part of a claim.

\(iii\) The certification shall state as follows: \"I certify that the
claim is made in good faith; that the supporting data are accurate and
complete to the best of my knowledge and belief; that the amount
requested accurately reflects the contract adjustment for which the
Contractor believes the Government is liable; and that I am duly
authorized to certify the claim on behalf of the Contractor.\"

\(3\) The certification may be executed by any person duly authorized to
bind the Contractor with respect to the claim.

\(e\) For Contractor claims of \$100,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a
decision within 60 days of the request. For Contractor-certified claims
over \$100,000, the Contracting Officer must, within 60 days, decide the
claim or notify the Contractor of the date by which the decision will be
made.

\(f\) The Contracting Officer\'s decision shall be final unless the
Contractor appeals or files a suit as provided in the Act.

\(g\) If the claim by the Contractor is submitted to the Contracting
Officer or a claim by the Government is presented to the Contractor, the
parties, by mutual consent, may agree to use alternative dispute
resolution (ADR). If the Contractor refuses an offer for ADR, the
Contractor shall inform the Contracting Officer, in writing, of the
Contractor\'s specific reasons for rejecting the offer.

\(h\) The Government shall pay interest on the amount found due and
unpaid from (1) the date that the Contracting Officer receives the claim
(certified, if required); or (2) the date that payment otherwise would
be due, if that date is later, until the date of payment. With regard to
claims having defective certifications, as defined in FAR 33.201,
interest shall be paid from the date that the Contracting Officer
initially receives the claim. Simple interest on claims shall be paid at
the rate, fixed by the Secretary of the Treasury as provided in the Act,
which is applicable to the period during which the Contracting Officer
receives the claim and then at the rate applicable for each 6-month
period as fixed by the Treasury Secretary during the pendency of the
claim.

\(i\) The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim,
appeal, or action arising under the contract, and comply with any
decision of the Contracting Officer.

**I.11 [PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION]{.underline}** **(FAR 52.237-2)**

**(APR 1984)**

The Contractor shall use reasonable care to avoid damaging existing
buildings, equipment, and vegetation on the Government installation. If
the Contractor\'s failure to use reasonable care causes damage to any of
this property, the Contractor shall replace or repair the damage at no
expense to the Government as the Contracting Officer directs. If the
Contractor fails or refuses to make such repair or replacement, the
Contractor shall be liable for the cost, which may be deducted from the
contract price.

**I.12 [CHANGES\--FIXED PRICE]{.underline} (FAR 52.243-1)(APR 1984)
ALTERNATE I**

\(a\) The Contracting Officer may at any time, by written order, and
without notice to the sureties, if any, make changes within the general
scope of this contract in any one or more of the following:

\(1\) Description of services to be performed.

\(2\) Time of performance (i.e., hours of the day, days of the week,
etc.).

\(3\) Place of performance of the services.

\(b\) If any such change causes an increase or decrease in the cost of,
or the time required for, performance of any part of the work under this
contract, whether or not changed by the order, the Contracting Officer
shall make an equitable adjustment in the contract price, the delivery
schedule, or both, and shall modify the contract.

\(c\) The Contractor must assert its right to an adjustment under this
clause within 30 days from the date of receipt of the written order.
However, if the Contracting Officer decides that the facts justify it,
the Contracting Officer may receive and act upon a proposal submitted
before final payment of the contract.

\(d\) If the Contractor\'s proposal includes the cost of property made
obsolete or excess by the change, the Contracting Officer shall have the
right to prescribe the manner of the disposition of the property.

\(e\) Failure to agree to any adjustment shall be a dispute under the
Disputes clause. However, nothing in this clause shall excuse the
Contractor from proceeding with the contract as changed.

**I.13 [SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL
COMPONENTS]{.underline} (FAR 52.244-06)**

**(OCT 1998)**

\(a\) Definitions.

\"Commercial item,\" as used in this clause, has the meaning contained
in the clause at 52.202-1, Definitions.

\"Subcontract,\" as used in this clause, includes a transfer of
commercial items between divisions, subsidiaries, or affiliates of the
Contractor or subcontractor at any tier.

\(b\) To the maximum extent practicable, the Contractor shall
incorporate, and require its subcontractors at all tiers to incorporate,
commercial items or nondevelopmental items as components of items to be
supplied under this contract.

\(c\) Notwithstanding any other clause of this contract, the Contractor
is not required to include any FAR provision or clause, other than those
listed below to the extent they are applicable and as may be required to
establish the reasonableness of prices under Part 15, in a subcontract
at any tier for commercial items or commercial components:

\(1\) 52.222-26, Equal Opportunity (E.O. 11246);

\(2\) 52.222-35, Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era (38 U.S.C. 4212(a));

\(3\) 52.222-36, Affirmative Action for Workers With Disabilities (29
U.S.C. 793); and

\(4\) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial
Vessels (46 U.S.C. 1241) (flow down not required for subcontracts
awarded beginning May 1, 1996).

\(d\) The Contractor shall include the terms of this clause, including
this paragraph (d), in subcontracts awarded under this contract.

**I.14 [TERMINATION FOR CONVENIENCE OF THE GOVERNMENT]{.underline}
(FIXED-PRICE)(FAR 52.249-02)**

**(SEP 1996)**

\(a\) The Government may terminate performance of work under this
contract in whole or, from time to time, in part if the Contracting
Officer determines that a termination is in the Government\'s interest.
The Contracting Officer shall terminate by delivering to the Contractor
a Notice of Termination specifying the extent of termination and the
effective date.

\(b\) After receipt of a Notice of Termination, and except as directed
by the Contracting Officer, the Contractor shall immediately proceed
with the following obligations, regardless of any delay in determining
or adjusting any amounts due under this clause:

\(1\) Stop work as specified in the notice.

\(2\) Place no further subcontracts or orders (referred to as
subcontracts in this clause) for materials, services, or facilities,
except as necessary to complete the continued portion of the contract.

\(3\) Terminate all subcontracts to the extent they relate to the work
terminated.

\(4\) Assign to the Government, as directed by the Contracting Officer,
all right, title, and interest of the Contractor under the subcontracts
terminated, in which case the Government shall have the right to settle
or to pay any termination settlement proposal arising out of those
terminations.

\(5\) With approval or ratification to the extent required by the
Contracting Officer, settle all outstanding liabilities and termination
settlement proposals arising from the termination of subcontracts; the
approval or ratification will be final for purposes of this clause.

\(6\) As directed by the Contracting Officer, transfer title and deliver
to the Government\--

\(i\) The fabricated or unfabricated parts, work in process, completed
work, supplies, and other material produced or acquired for the work
terminated; and

\(ii\) The completed or partially completed plans, drawings,
information, and other property that, if the contract had been
completed, would be required to be furnished to the Government.

\(7\) Complete performance of the work not terminated.

\(8\) Take any action that may be necessary, or that the Contracting
Officer may direct, for the protection and preservation of the property
related to this contract that is in the possession of the Contractor and
in which the Government has or may acquire an interest.

\(9\) Use its best efforts to sell, as directed or authorized by the
Contracting Officer, any property of the types referred to in
subparagraph (b)(6) of this clause; provided, however, that the
Contractor (i) is not required to extend credit to any purchaser and
(ii) may acquire the property under the conditions prescribed by, and at
prices approved by, the Contracting Officer. The proceeds of any
transfer or disposition will be applied to reduce any payments to be
made by the Government under this contract, credited to the price or
cost of the work, or paid in any other manner directed by the
Contracting Officer.

\(c\) The Contractor shall submit complete termination inventory
schedules no later than 120 days from the effective date of termination,
unless extended in writing by the Contracting Officer upon written
request of the Contractor within this 120-day period.

\(d\) After expiration of the plant clearance period as defined in
Subpart 45.6 of the Federal Acquisition Regulation, the Contractor may
submit to the Contracting Officer a list, certified as to quantity and
quality, of termination inventory not previously disposed of, excluding
items authorized for disposition by the Contracting Officer. The
Contractor may request the Government to remove those items or enter
into an agreement for their storage. Within 15 days, the Government will
accept title to those items and remove them or enter into a storage
agreement. The Contracting Officer may verify the list upon removal of
the items, or if stored, within 45 days from submission of the list, and
shall correct the list, as necessary, before final settlement.

\(e\) After termination, the Contractor shall submit a final termination
settlement proposal to the Contracting Officer in the form and with the
certification prescribed by the Contracting Officer. The Contractor
shall submit the proposal promptly, but no later than 1 year from the
effective date of termination, unless extended in writing by the
Contracting Officer upon written request of the Contractor within this
1-year period. However, if the Contracting Officer determines that the
facts justify it, a termination settlement proposal may be received and
acted on after 1 year or any extension. If the Contractor fails to
submit the proposal within the time allowed, the Contracting Officer may
determine, on the basis of information available, the amount, if any,
due the Contractor because of the termination and shall pay the amount
determined.

\(f\) Subject to paragraph (e) of this clause, the Contractor and the
Contracting Officer may agree upon the whole or any part of the amount
to be paid or remaining to be paid because of the termination. The
amount may include a reasonable allowance for profit on work done.
However, the agreed amount, whether under this paragraph (f) or
paragraph (g) of this clause, exclusive of costs shown in subparagraph
(g)(3) of this clause, may not exceed the total contract price as
reduced by (1) the amount of payments previously made and (2) the
contract price of work not terminated. The contract shall be modified,
and the Contractor paid the agreed amount. Paragraph (g) of this clause
shall not limit, restrict, or affect the amount that may be agreed upon
to be paid under this paragraph.

\(g\) If the Contractor and the Contracting Officer fail to agree on the
whole amount to be paid because of the termination of work, the
Contracting Officer shall pay the Contractor the amounts determined by
the Contracting Officer as follows, but without duplication of any
amounts agreed on under paragraph (f) of this clause:

\(1\) The contract price for completed supplies or services accepted by
the Government (or sold or acquired under subparagraph (b)(9) of this
clause) not previously paid for, adjusted for any saving of freight and
other charges.

\(2\) The total of\--

\(i\) The costs incurred in the performance of the work terminated,
including initial costs and preparatory expense allocable thereto, but
excluding any costs attributable to supplies or services paid or to be
paid under subparagraph (g)(1) of this clause;

\(ii\) The cost of settling and paying termination settlement proposals
under terminated subcontracts that are properly chargeable to the
terminated portion of the contract if not included in subdivision
(g)(2)(i) of this clause; and

\(iii\) A sum, as profit on subdivision (g)(2)(i) of this clause,
determined by the Contracting Officer under 49.202 of the Federal
Acquisition Regulation, in effect on the date of this contract, to be
fair and reasonable; however, if it appears that the Contractor would
have sustained a loss on the entire contract had it been completed, the
Contracting Officer shall allow no profit under this subdivision
(g)(2)(iii) and shall reduce the settlement to reflect the indicated
rate of loss.

\(3\) The reasonable costs of settlement of the work terminated,
including\--

\(i\) Accounting, legal, clerical, and other expenses reasonably
necessary for the preparation of termination settlement proposals and
supporting data;

\(ii\) The termination and settlement of subcontracts (excluding the
amounts of such settlements); and

\(iii\) Storage, transportation, and other costs incurred, reasonably
necessary for the preservation, protection, or disposition of the
termination inventory.

\(h\) Except for normal spoilage, and except to the extent that the
Government expressly assumed the risk of loss, the Contracting Officer
shall exclude from the amounts payable to the Contractor under paragraph
(g) of this clause, the fair value, as determined by the Contracting
Officer, of property that is destroyed, lost, stolen, or damaged so as
to become undeliverable to the Government or to a buyer.

\(i\) The cost principles and procedures of Part 31 of the Federal
Acquisition Regulation, in effect on the date of this contract, shall
govern all costs claimed, agreed to, or determined under this clause.

\(j\) The Contractor shall have the right of appeal, under the Disputes
clause, from any determination made by the Contracting Officer under
paragraph (e), (g), or (l) of this clause, except that if the Contractor
failed to submit the termination settlement proposal or request for
equitable adjustment within the time provided in paragraph (e) or (l),
respectively, and failed to request a time extension, there is no right
of appeal.

\(k\) In arriving at the amount due the Contractor under this clause,
there shall be deducted\--

\(1\) All unliquidated advance or other payments to the Contractor under
the terminated portion of this contract;

\(2\) Any claim which the Government has against the Contractor under
this contract; and

\(3\) The agreed price for, or the proceeds of sale of, materials,
supplies, or other things acquired by the Contractor or sold under the
provisions of this clause and not recovered by or credited to the
Government.

\(l\) If the termination is partial, the Contractor may file a proposal
with the Contracting Officer for an equitable adjustment of the price(s)
of the continued portion of the contract. The Contracting Officer shall
make any equitable adjustment agreed upon. Any proposal by the
Contractor for an equitable adjustment under this clause shall be
requested within 90 days from the effective date of termination unless
extended in writing by the Contracting Officer.

(m)(1) The Government may, under the terms and conditions it prescribes,
make partial payments and payments against costs incurred by the
Contractor for the terminated portion of the contract, if the
Contracting Officer believes the total of these payments will not exceed
the amount to which the Contractor will be entitled.

\(2\) If the total payments exceed the amount finally determined to be
due, the Contractor shall repay the excess to the Government upon
demand, together with interest computed at the rate established by the
Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest
shall be computed for the period from the date the excess payment is
received by the Contractor to the date the excess is repaid. Interest
shall not be charged on any excess payment due to a reduction in the
Contractor\'s termination settlement proposal because of retention or
other disposition of termination inventory until 10 days after the date
of the retention or disposition, or a later date determined by the
Contracting Officer because of the circumstances.

\(n\) Unless otherwise provided in this contract or by statute, the
Contractor shall maintain all records and documents relating to the
terminated portion of this contract for 3 years after final settlement.
This includes all books and other evidence bearing on the Contractor\'s
costs and expenses under this contract. The Contractor shall make these
records and documents available to the Government, at the Contractor\'s
office, at all reasonable times, without any direct charge. If approved
by the Contracting Officer, photographs, microphotographs, or other
authentic reproductions may be maintained instead of original records
and documents.

**I.15 [DEFAULT (FIXED-PRICE SUPPLY AND SERVICE]{.underline})(FAR
52.249-8)(APR 1984)**

(a)(1) The Government may, subject to paragraphs (c) and (d) of this
clause, by written notice of default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to\--

\(i\) Deliver the supplies or to perform the services within the time
specified in this contract or any extension;

\(ii\) Make progress, so as to endanger performance of this contract
(but see subparagraph (a)(2) of this clause); or

\(iii\) Perform any of the other provisions of this contract (but see
subparagraph (a)(2) of this clause).

\(2\) The Government\'s right to terminate this contract under
subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if
the Contractor does not cure such failure within 10 days (or more if
authorized in writing by the Contracting Officer) after receipt of the
notice from the Contracting Officer specifying the failure.

\(b\) If the Government terminates this contract in whole or in part, it
may acquire, under the terms and in the manner the Contracting Officer
considers appropriate, supplies or services similar to those terminated,
and the Contractor will be liable to the Government for any excess costs
for those supplies or services. However, the Contractor shall continue
the work not terminated.

\(c\) Except for defaults of subcontractors at any tier, the Contractor
shall not be liable for any excess costs if the failure to perform the
contract arises from causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include (1) acts
of God or of the public enemy, (2) acts of the Government in either its
sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics,
(6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9)
unusually severe weather. In each instance the failure to perform must
be beyond the control and without the fault or negligence of the
Contractor.

\(d\) If the failure to perform is caused by the default of a
subcontractor at any tier, and if the cause of the default is beyond the
control of both the Contractor and subcontractor, and without the fault
or negligence of either, the Contractor shall not be liable for any
excess costs for failure to perform, unless the subcontracted supplies
or services were obtainable from other sources in sufficient time for
the Contractor to meet the required delivery schedule.

\(e\) If this contract is terminated for default, the Government may
require the Contractor to transfer title and deliver to the Government,
as directed by the Contracting Officer, any (1) completed supplies, and
(2) partially completed supplies and materials, parts, tools, dies,
jigs, fixtures, plans, drawings, information, and contract rights
(collectively referred to as

\"manufacturing materials\" in this clause) that the Contractor has
specifically produced or acquired for the terminated portion of this
contract. Upon direction of the Contracting Officer, the Contractor
shall also protect and preserve property in its possession in which the
Government has an interest.

\(f\) The Government shall pay contract price for completed supplies
delivered and accepted. The Contractor and Contracting Officer shall
agree on the materials delivered and accepted and for the protection and
preservation of the property. Failure to agree will be a dispute under
the Disputes clause. The Government may withhold from these amounts any
sum the Contracting Officer determines to be necessary to protect the
Government against loss because of outstanding liens or claims of former
lien holders.

\(g\) If, after termination, it is determined that the Contractor was
not in default, or that the default was excusable, the rights and
obligations of the parties shall be the same as if the termination had
been issued for the convenience of the Government.

\(h\) The rights and remedies of the Government in this clause are in
addition to any other rights and remedies provided by law or under this
contract.

**I.16 [CLAUSES INCORPORATED BY REFERENCE]{.underline} (FAR
52.252-2)(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.arnet.gov.

**[LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS]{.underline}**

**[SECTION J - LIST OF ATTACHMENTS]{.underline}**

**The following hereto form a part of this solicitation and any
resultant service contract:**

**[EXHIBITS]{.underline}**

> Exhibit A-1 Project Map
>
> Exhibit A-2 Spot Map of Limited Operating Periods
>
> Exhibit A-3 Prattville DFPZ sample Mark Areas
>
> Exhibit B FS-2400-3 Timber Sale Contract
>
> Exhibit C Wet Haul Conditions
>
> Exhibit D Subsoiling Specifications
>
> Exhibit D-1 Marking Prescription for Control of Black Stain Root
> Disease in Unit 32D
>
> Exhibit E Fire Plan
>
> Exhibit F Soil and Water Integrated Design Features & Best Management
> Practices
>
> Exhibit G Wage Determination
>
> Exhibit A Vicinity Map
>
> Exhibit A-1 Project Map
>
> Exhibit A-2 Spot Map of Limited Operating Periods
>
> **EXHIBIT B**

+-------------------+----------+------------+------------+------------+
| > Region: Pacific | > U.S.   |            |            |            |
| > Southwest (R-5) | > DE     |            |            |            |
|                   | PARTMENT |            |            |            |
|                   | > OF     |            |            |            |
|                   | > AGRIC  |            |            |            |
|                   | ULTURE - |            |            |            |
|                   | > FOREST |            |            |            |
|                   | >        |            |            |            |
|                   |  SERVICE |            |            |            |
+-------------------+----------+------------+------------+------------+
| > National        | > TIMBER |            |            | >          |
| > Forest: Lassen  | > SALE   |            |            | FS-2400-3S |
|                   | >        |            |            | > (8/99)   |
|                   | CONTRACT |            |            |            |
+-------------------+----------+------------+------------+------------+
| > Ranger          | > (Ref.  |            |            | > **Page   |
| > District:       | > FSM    |            |            | > 1**      |
| > Almanor         | > 2430,  |            |            |            |
|                   | > FSH    |            |            |            |
|                   | >        |            |            |            |
|                   | 2409.18) |            |            |            |
+-------------------+----------+------------+------------+------------+
| > Sale Name:      |          | > Contract | > Award    | > T        |
| > Prattville      |          | > No.      | > Date     | ermination |
| > Forest Recovery |          |            |            | > Date     |
| > DFPZ            |          |            |            |            |
+-------------------+----------+------------+------------+------------+
| > [Purchaser\'s   |          |            |            |            |
| > Name and        |          |            |            |            |
| > Complete        |          |            |            |            |
| > Addr            |          |            |            |            |
| ess:]{.underline} |          |            |            |            |
+-------------------+----------+------------+------------+------------+
|                   |          | > Total    | > Acres to | > Type of  |
|                   |          | > Sale     | > be Cut   | > Sale     |
|                   |          | > Acres    |            |            |
+-------------------+----------+------------+------------+------------+
|                   |          | > 1,356    | > 1,356    | >          |
|                   |          |            |            | **Scaled** |
+-------------------+----------+------------+------------+------------+
|                   |          | > Legal    |            |            |
|                   |          | > D        |            |            |
|                   |          | escription |            |            |
|                   |          | > of Sale  |            |            |
|                   |          | > Area     |            |            |
|                   |          | > (1):     |            |            |
|                   |          | > Sections |            |            |
|                   |          | > 3, 4,    |            |            |
|                   |          | > 9,10,12  |            |            |
|                   |          | > -16, 23  |            |            |
|                   |          | > & 24,    |            |            |
|                   |          | > T.27N.,  |            |            |
|                   |          | > R.7E.;   |            |            |
|                   |          | > and      |            |            |
|                   |          | > Sections |            |            |
|                   |          | > 17-19,   |            |            |
|                   |          | > T.27N.,  |            |            |
|                   |          | > R.8E.,   |            |            |
|                   |          | > MDM.     |            |            |
+-------------------+----------+------------+------------+------------+
|                   |          |            |            |            |
+-------------------+----------+------------+------------+------------+
|                   |          |            |            |            |
+-------------------+----------+------------+------------+------------+
| > The Parties to  |          |            |            |            |
| > this contract   |          |            |            |            |
| > are the United  |          |            |            |            |
| > States of       |          |            |            |            |
| > America, acting |          |            |            |            |
| > through the     |          |            |            |            |
| > Forest Service, |          |            |            |            |
| > United States   |          |            |            |            |
| > Department of   |          |            |            |            |
| > Agriculture,    |          |            |            |            |
| > hereinafter     |          |            |            |            |
| > called Forest   |          |            |            |            |
| > Service, and ,  |          |            |            |            |
| > hereinafter     |          |            |            |            |
| > called          |          |            |            |            |
| > Purchaser.      |          |            |            |            |
| > Standard        |          |            |            |            |
| > Provisions of   |          |            |            |            |
| > this contract   |          |            |            |            |
| > begin on page   |          |            |            |            |
| > 2. Specific     |          |            |            |            |
| > conditions are  |          |            |            |            |
| > given below.    |          |            |            |            |
| > Numbers in      |          |            |            |            |
| > parentheses     |          |            |            |            |
| > refer to        |          |            |            |            |
| > Standard        |          |            |            |            |
| > Provisions.     |          |            |            |            |
| > Forest Service  |          |            |            |            |
| > address to      |          |            |            |            |
| > receive         |          |            |            |            |
| > payments        |          |            |            |            |
| > (9,11,12): Bank |          |            |            |            |
| > of America,     |          |            |            |            |
| > File No.        |          |            |            |            |
| > [71             |          |            |            |            |
| 652]{.underline}, |          |            |            |            |
| > P.O. Box 60000, |          |            |            |            |
| > San Francisco,  |          |            |            |            |
| > CA 94160-1652.  |          |            |            |            |
| > Measurement     |          |            |            |            |
| > will be done    |          |            |            |            |
| > after felling.  |          |            |            |            |
| > Products will   |          |            |            |            |
| > be scaled,      |          |            |            |            |
| > counted or      |          |            |            |            |
| > otherwise       |          |            |            |            |
| > measured        |          |            |            |            |
| > according to    |          |            |            |            |
| > the National    |          |            |            |            |
| > Forest Cubic    |          |            |            |            |
| > Scaling         |          |            |            |            |
| > Handbook (FSH   |          |            |            |            |
| > 2409.11a)       |          |            |            |            |
| > Edition (5/91), |          |            |            |            |
| > as              |          |            |            |            |
| > Supplemented.   |          |            |            |            |
| > Logs will be    |          |            |            |            |
| > measured in     |          |            |            |            |
| > cubic feet.     |          |            |            |            |
+-------------------+----------+------------+------------+------------+

**INCLUDED TIMBER (4,7)**

<table style="width:100%;">
<colgroup>
<col style="width: 11%" />
<col style="width: 11%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 1%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 6%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 8%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 9%" />
<col style="width: 0%" />
<col style="width: 10%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="5"></td>
<td colspan="11"><blockquote>
<p><strong>Minimum Specifications</strong></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p><strong>Payment Rates Per</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="4"></td>
<td colspan="4"><blockquote>
<p><strong>Tree</strong></p>
</blockquote></td>
<td colspan="8"><blockquote>
<p><strong>Piece Required to be Removed</strong></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p><strong>Unit of Measure</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td><strong>Species</strong></td>
<td><strong>Product</strong></td>
<td><p><strong>Estimated</strong></p>
<p><strong>Quantity</strong></p></td>
<td><strong>Unit of Measure</strong></td>
<td colspan="2"><p><strong>DBH</strong></p>
<p><strong>(Inches)</strong></p></td>
<td colspan="3"><p><strong>No. of Minimum</strong></p>
<p><strong>Pieces</strong></p>
<p><strong>Per tree</strong></p></td>
<td colspan="2"><p><strong>Length</strong></p>
<p><strong>(Feet)</strong></p></td>
<td colspan="3"><p><strong>D.I.B.</strong></p>
<p><strong>at small end</strong></p>
<p><strong>(Inches)</strong></p></td>
<td colspan="3"><p><strong>Net Volume</strong></p>
<p><strong>in % of Gross</strong></p>
<p><strong>Volume</strong></p></td>
<td colspan="2"><p><strong>Bid Rates</strong></p>
<p><strong>$</strong></p></td>
<td><p><strong>Required</strong></p>
<p><strong>Slash</strong></p>
<p><strong>Disposal</strong></p>
<p><strong>$</strong></p></td>
</tr>
<tr class="even">
<td><blockquote>
<p>PP, JP</p>
</blockquote></td>
<td><blockquote>
<p>Sawtimber</p>
</blockquote></td>
<td><blockquote>
<p>14,238</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>10.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>NA</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="odd">
<td><blockquote>
<p>SP, WWP</p>
</blockquote></td>
<td><blockquote>
<p>Sawtimber</p>
</blockquote></td>
<td><blockquote>
<p>664</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>10.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3">NA</td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="even">
<td><blockquote>
<p>WF, RF</p>
</blockquote></td>
<td><blockquote>
<p>Sawtimber</p>
</blockquote></td>
<td><blockquote>
<p>704</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>10.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3">NA</td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="odd">
<td><blockquote>
<p>DF</p>
</blockquote></td>
<td><blockquote>
<p>Sawtimber</p>
</blockquote></td>
<td><blockquote>
<p>32</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>10.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3">NA</td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="even">
<td><blockquote>
<p>IC</p>
</blockquote></td>
<td><blockquote>
<p>Sawtimber</p>
</blockquote></td>
<td><blockquote>
<p>106</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>10.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3">NA</td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="odd">
<td><blockquote>
<p>LP</p>
</blockquote></td>
<td><blockquote>
<p>Sawtimber</p>
</blockquote></td>
<td><blockquote>
<p>Unest.</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>10.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>10</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3">NA</td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="even">
<td><blockquote>
<p>All species</p>
</blockquote></td>
<td><blockquote>
<p>MCP</p>
</blockquote></td>
<td><blockquote>
<p>17,885</p>
</blockquote></td>
<td>GT</td>
<td colspan="2"><blockquote>
<p>3.0</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>6</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>NA</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>NA</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>1.37</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>X</p>
</blockquote></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="2"></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="20"><blockquote>
<p>Timber Subject to Agreement Under Special Provision 07.1#</p>
</blockquote></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="2"></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="2"><blockquote>
<p><strong>Total Quantity</strong></p>
</blockquote></td>
<td><blockquote>
<p>33,629</p>
</blockquote></td>
<td></td>
<td colspan="3"></td>
<td colspan="8"><blockquote>
<p><strong>Total Sale Value $</strong></p>
</blockquote></td>
<td colspan="4"><blockquote>
<p>46,071.73</p>
</blockquote></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="20"><blockquote>
<p>GT – Green Ton MCP – Miscellaneous Convertible Product</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="20"><blockquote>
<p>Designation for cutting (7): Refer to table in Section C –
Description/Work Statement, C.2 Technical Requirements</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="20"></td>
</tr>
<tr class="even">
<td colspan="20"><blockquote>
<p>Slash Disposal (33): Refer to table in Section C – Description/Work
Statement, C.2.3 Work Standards</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="20"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="8"><blockquote>
<p><strong>UNITED STATES OF AMERICA</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="12"><blockquote>
<p>Maximum stump height (29): in Section C.2.3.1.4 Utilization</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="8"><blockquote>
<p>By (Signature)</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="12"><blockquote>
<p>Normal Operating Season (3,21): From June 1 to November 15</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="12"><blockquote>
<p>Listing of Special Provisions attached to this contract: 7.2#, 7.21#,
7.3, 7.4#, 7.5,</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="12"><blockquote>
<p>7.6, 7.7, 7.8,</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="12"><blockquote>
<p>*(1)- Contractor’s Fire Liability is stated in Section H – Special
Contract</p>
</blockquote></td>
<td colspan="8"><blockquote>
<p>CONTRACTING OFFICER</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="12"><blockquote>
<p>Requirements, H.15 Emergency Response (AGAR 452,236-77)(Nov
1996),</p>
</blockquote></td>
<td colspan="8"><blockquote>
<p><strong>PURCHASER</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="12"><blockquote>
<p>Subsection (a) Contractor’s Responsibility for Fighting Fire.</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="12"><blockquote>
<p>In witness hereof, the parties hereto have executed this contract as
of the award date.</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="8"><blockquote>
<p>By (Signature)</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="12"><blockquote>
<p>(Witness Signature)</p>
</blockquote></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="12"><blockquote>
<p>(Witness Signature)</p>
</blockquote></td>
<td colspan="8"><blockquote>
<p>(Title)</p>
</blockquote></td>
</tr>
</tbody>
</table>

**CERTIFICATION**

I, , certify that I am the , Secretary of the corporation named as
Purchaser herein; that who signed this contract on behalf of the
Purchaser, was then

of said corporation; that said contract was duly signed for and on
behalf of said corporation by authority of its governing body, and is
within the scope of its corporate powers.

+-----------------------------+--------------------------+-------------+
|                             |                          | > CORPORATE |
+-----------------------------+--------------------------+-------------+
|                             |                          | > SEAL      |
+-----------------------------+--------------------------+-------------+

**1. Included Timber** - The Forest Service agrees to sell and the
Contractor agrees to purchase, cut and remove all Included Timber as
located and described in Section C of the attached Service Contract,
including all pieces that meet minimum piece specifications, and as
shown on the Project Area map. Designation(s) for cutting is(are) shown
and described in Section C - [DESCRIPTION/SPECIFICATIONS/WORK
STATEMENT]{.underline}.

Title to all timber included in this contract shall remain with the
United States until its estimated quantities have been determined by the
Contracting Officer or designee and, paid for and removed from the
Project Area by the Contractor. The Contractor shall not cut any timber
until its quantities have been estimated by the Contracting Officer or
designee, and paid for by the Contractor.

The Contractor shall cut and remove Included Timber in strict accordance
with the requirements on Page 1, the following Standard Provisions, and
with all conditions and requirements in the attached Service Contract,
and with the regulations governing timber sales prescribed by the
Secretary of Agriculture.

The Contracting Officer or designee may designate additional timber not
included in the original volume estimate for cutting within the Project
Area as needed to utilize damaged trees, trees to be removed in
authorized clearings, or trees the Contracting Officer or designee
determines have been unnecessarily damaged or cut by the Contractor. The
Contractor shall pay for additional timber at Bid Rates and Required
Deposits, in addition to any payments for liquidated damages as shown in
Section G - CONTRACT ADMINISTRATION DATA, G.2 MEASUREMENT AND
PAYMENT.**\*** The additional trees will become Included Timber when
designated by the Contracting Officer or designee.

**2. Deposits.** The Contractor agrees to make cash deposits in advance
of cutting. Advance deposits shall be in such amount as to cover the
applicable charges for Blocks released for cutting as shown on the
Project Area map and in the attached Block/Item Schedule, and for
estimated additional specified timber as described in SECTION C -
DESCRIPTION/WORK of the attached Service Contract, to be cut in the next
30 to 60 days. Except for amounts required for the downpayment, the
Contractor shall not be required to make additional deposits when the
credit balance in the timber sale account exceeds the charges for Blocks
released and for estimated additional specified timber as described in
SECTION C - DESCRIPTION/WORK of the attached Service Contract to be cut
in the next 60 days.

To the extent payment guarantee is provided, the Contracting Officer or
designee shall waive requirements for advance cash deposits for the
value of timber on the Project Area which has been released for cutting
but not removed, and for the estimated value of species and products
removed from the Project Area. Advance cash deposits shall not be
required for more than a monthly billing period.

If at any time the credit balance of the timber sale account exceeds the
charges for timber within Blocks released for cutting and for additional
Included Timber as described in SECTION C - DESCRIPTION/WORK of the
attached Service Contract that is expected to be cut within the next 60
calendar days, the Contracting Officer or designee shall refund any
portion of such unobligated cash balance in the timber sale account, if
requested in writing by the Contractor. The Contracting Officer or
designee shall not refund cash in the Contractor\'s account if the cash
is deposited to meet downpayment, extension deposits, or a periodic
payment.

If the Contractor plans no cutting within the next 60 calendar days, the
Contracting Officer or designee may refund the entire unobligated cash
balance, if requested in writing by the Contractor, unless the cash is
used for the downpayment, extension deposits, or a periodic payment.
However, the Contracting Officer or designee shall not reduce the
account balance below the total value of Blocks released for cutting and
for an estimated 10 day cut of additional material designated as
Included Timber as described in SECTION C - DESCRIPTION/WORK of the
attached Service Contract. The Contractor shall make deposits to meet
the requirements of advance deposits, before cutting may resume.

Payments are due and payable on the date indicated on the bill for
collection. When a payment for timber cut, other charges, and other
payments is not received at the location designated by the Contracting
Officer or designee within the 15 calendar days allowed for receipt of
payment as indicated on the bill for collection, or when the credit
balance in the timber sale account is exceeded by the charges for timber
within Blocks released for cutting and additional Included Timber
designated as described in SECTION C - DESCRIPTION/WORK of the attached
Service Contract, the Contracting Officer or designee shall suspend all
or any part of the Contractor\'s operations until payment or acceptable
payment guarantee is received.

Except for advance deposits, the Contractor\'s failure to pay amounts
due by the date allowed for receipt of payment as indicated on the bill
for collection shall be considered for Termination for Convenience of
the Government as stated in SECTION I.

If the performance or payment is guaranteed by surety bond, the
Contracting Officer shall send a copy of the written notification of the
Termination to the surety. Ten calendar days after the Contracting
Officer issues written notification to the Contractor of the
termination, the Contracting Officer shall make written demand for
immediate payment on the surety or other institution providing the
guarantee or bond instrument.

Pursuant to the Debt Collection Act, as amended (31 U.S.C. 3701,
[et]{.underline} [seq]{.underline}.), if payment is not received by the
Forest Service within 30 days after the bill for collection\'s date of
issue the Contracting Officer shall:

\(a\) Assess simple interest at the higher of the U.S. Treasury current
value of funds rate, as published by the Secretary of Treasury in the
Federal Register, or the rate established by the Secretary of Treasury
under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611).
Interest will begin to accrue as of the initial bill for collection\'s
date of issue; (b) Assess debtors\' administrative charges in addition
to the delinquent amount due. Administrative charges are those
additional costs incurred by the Government in processing, handling and
collecting delinquent debts; (c) Assess a penalty charge of 6 percent
per annum on any portion of a debt delinquent more than 90 days. This
penalty charge will be in addition to the interest and administrative
charges under paragraphs (a) and (b). Such penalty charge shall accrue
from the bill for collection\'s date of issue and shall be assessed on
all outstanding amounts including interest and administrative costs
assessed under paragraphs (a) and (b).

Payments will be credited on the date received at the location
designated on the bill for collection.

**10. Payment Guarantee -** The Contractor may furnish and maintain an
acceptable payment guarantee on forms provided by the Contracting
Officer or designee, to guarantee payments for stumpage and stumpage
related deposits under this contract, in lieu of an advanced cash
deposit. Such guarantee may be a surety bond, negotiable securities,
irrevocable letter of credit, assigned savings account, certificates of
deposit, or corporate guarantee, and may apply only to the named timber
sale contract. The Contracting Officer shall return the payment
guarantee within 60 days of contract closure.

In lieu of an individual payment guarantee, the Contractor may furnish
an acceptable blanket payment guarantee for all timber sale contracts
the Contractor holds within the same National Forest. The Contractor
shall specify in writing how to distribute the amount of such guarantee
to any and all sales. When the Contractor gives written notice to the
Contracting Officer that the Contractor will not cut any trees for 30
calendar days or more, has made payment of current charges, and removed
all cut timber, the Contractor may request that the amount allocated to
this contract be reallocated to other sales or left unallocated. The
Contractor may not resume cutting on this sale until the Contractor
returns the blanket payment guarantee to this contract in an amount
sufficient to meet the Contractor\'s obligations on this contract. The
Contractor may combine the blanket payment guarantee with cash to meet
these obligations.

At the Contractor\'s request, the Contracting Officer shall reduce or
return the Contractor\'s blanket payment guarantee when the Contracting
Officer suspends the Contractor\'s operations for 60 or more consecutive
calendar days through no fault of the Contractor, and there are no
outstanding obligations. The Contracting Officer shall return the
ContractorContractor\'s blanket payment guarantee within 60 calendar
days of contract closure.

**3. Downpayment -** The Contractor agrees to make a downpayment in cash
in the amount shown on Page 1. This payment must be made by the time the
contract is required to be executed and returned by the Contractor. The
downpayment may not be used for any other purpose, transferred to other
sales, or refunded until stumpage value representing 25 percent of the
total sale value of the sale has been shown as paid for, cut and removed
on the statement of account, except that total deposits for downpayment
and Included Timber will not be required in excess of total sale value.
The Contractor\'s failure to make the downpayment within the required
time constitutes repudiation of this contract. The Contracting Officer
may terminate the contract and assess damages pursuant to SECTION 1 of
the attached Service Contract..

When, pursuant to SECTION F or SECTION C of the attached Serice
Contract, the Contracting Officer requests the Contractor to interrupt
or delay all or any portion of the Contractor\'s operations under this
contract for more than 60 consecutive days, the Contracting Officer may
temporarily reduce the downpayment amount being held on deposit upon the
written request of the Contractor or at the Contracting Officer\'s
discretion. For the period of the interruption or delay, the Contracting
Officer may reduce the downpayment on deposit to \$1,000 or 2 percent of
the downpayment amount listed on Page 1, whichever is larger. Upon the
Contractor\'s receipt of the bill for collection and written notice from
the Contracting Officer that the basis for the interruption or delay no
longer exists, the Contractor shall restore the downpayment to the full
amount shown on Page 1 within 30 days after the bill for collection\'s
date of issue. The Contractor shall not resume contract operations until
the downpayment amount is fully restored. The Contractor\'s failure to
restore the downpayment is a breach of the contract under SECTION F of
the attached Service Contract and if the Contractor fails to remedy the
breach the Contracting Officer may terminate this contract and shall
assess damages pursuant to SECTION I of the attached Service Contract.

**4. Periodic Payments -** The Contractor shall make periodic payments
as listed on

Page 1. If the Contractor\'s total stumpage payments do not equal or
exceed the amount required on the date due, the Contractor shall make a
periodic payment for the amount of the difference. A periodic payment is
not required if the Contractor\'s total stumpage payments exceed the
amount required on the date due. Periodic payments may be used as a
deposit in the Contractor\'s timber sale account to pay charges for
timber released for cutting. The Contractor may use only cash to meet
this obligation.

The Contracting Officer shall adjust the periodic payment schedule
dates, if they have not been reached, when a contract term adjustment
pursuant to SECTION F or a Market-related Contract Term Addition
pursuant to SECTION F of the attached Service contract has been granted.
The Contracting Officer shall adjust the dates for a period of time
equal to the period of time granted for the contract term adjustment or
Market-related Contract Term Addition. The Contracting Officer may not
adjust the periodic payment schedule dates when a contract term
extension is granted pursuant to SECTION F - TIMBER SALE CONTRACT
EXTENSION of the attached Service Contract.

The Contractor\'s failure to make a periodic payment within the required
time is a breach of the contract under SECTION F of the attached Service
Contract and if the Contractor fails to remedy the breach, the
Contracting Officer may terminate this contract and shall assess damages
pursuant to SECTION I of the attached Service Contract.

**[5.5#]{.underline} - [USE OF TIMBER]{.underline}. (8/98)** This
contract is subject to the Forest Resources Conservation and Shortage
Relief Act of 1990, as amended (16 U.S.C. 620, [et]{.underline}
[seq]{.underline}.).

Except for [NONE]{.underline} determined pursuant to public hearing to
be surplus, unprocessed Included Timber shall not be exported from the
United States nor used in direct or indirect substitution for
unprocessed timber exported from private lands by the Contractor or any
person as defined in the Act (16 U.S.C. 620e).

Timber in the following form will be considered unprocessed: (a) trees
or portions of trees or other roundwood not processed to standards and
specifications suitable for end product use; (b) lumber, construction
timbers or cants intended for remanufacturing not meeting standards
defined in the Act

(16 U.S.C. 620e); and (c) Aspen or other pulpwood bolts exceeding 100
inches in length.

Unless the Contracting Officer and the Contractor otherwise agree in
writing, unprocessed Included Timber shall be delivered to a domestic
processing facility and shall not be mixed with logs intended for
export.

Prior to award, during the life of this contract, and for a period of 3
years from Termination Date, the Contractor shall furnish to the
Contracting Officer, upon request, records showing the volume and
geographic origin of unprocessed timber from private lands exported or
sold for export by the Contractor or the Contractor\'s affiliates.

Prior to delivering unprocessed Included Timber to another party, the
Contractor shall require each buyer, exchangee, or recipient to execute
an acceptable agreement, which shall: (a) identify the Federal origin of
the timber, (b) specify domestic processing for the timber involved, (c)
require the execution of such agreements between the parties to any
subsequent transactions involving said timber, (d) require that all
hammer brands and/or yellow paint must remain on logs until they are
either legally exported or domestically processed, whichever is
applicable, and (e) otherwise comply with the requirements of the Act
(16 U.S.C. 620d).

No later than 10 days following the execution of any such agreement
between the Contractor and another party, the Contractor shall furnish
to the Contracting Officer a copy of each such agreement. The Contractor
shall retain, for 3 years from the Termination Date, the records of all
sales, exchanges, or dispositions of all Included Timber.

The Regional Forester may terminate this contract pursuant to Standard
Provision 18 for the Contractor\'s breach under this provision and take
such other action as may be provided by statute or regulation, including
the imposition of penalties. When the Regional Forester terminates this
contract under this provision the Forest Service will not be liable for
any claim submitted by the Contractor relating to the termination.

[7.1#]{.underline} - [TIMBER SUBJECT TO AGREEMENT]{.underline}. (8/98)
In addition, there is within Sale Area an unestimated quantity of
material meeting Sawlog and Miscellaneaous Convertible Products
specifications which shall be Included Timber upon the written agreement
of the Contracting Officer and the Purchaser.

[7.2]{.underline}\# - [SCALING SERVICES]{.underline}. (8/98) Scaling
services shall be provided and performed by Forest Service personnel or
parties under contract to the Forest Service in accordance with the
instructions and specifications listed below. The Contracting Officer
shall exclusively select the Scaling services provided.

[Contract Scaling Deposits]{.underline}. In the event the Forest Service
enters into contracts with another party to provide Scaling services,
the Purchaser shall make Required Deposits in cash to the Contracting
Officer for such contract Scaling services at rates stated in 7.21# -
Scaling Services Deposit Schedule. The Purchaser shall make such
deposits in advance of Scaling. By written notice, the Contracting
Officer may adjust such rates to reflect redetermined costs, provided
that such rates may not increase by more than ten percent during the
original term of this contract.

Purchaser\'s Required Deposits for contract Scaling services shall
include all costs sufficient to pay for Scaling services, including but
not limited to: contract preparation and supervision, Scaling, check
Scaling, data processing, facility maintenance and other Forest Service
overhead expenses. By written agreement of the Contracting Officer, and
pursuant to the Purchaser\'s operating plan and annual operating
schedule, the Purchaser may pay deposits for Scaling services in total
or deposits may be based on the estimated quantities of timber to be
scaled in not less than 30 calendar days and not more than 60 calendar
days, unless the Purchaser\'s production exceeds haul estimates. The
Purchaser\'s failure to make advanced deposits when due shall be a
material breach of contract under Standard Provision 10. The Contracting
Officer shall make refunds to the Purchaser after Scaling is completed
pursuant to Standard Provision 9.

[Scaling Location]{.underline}. Forest Service shall provide Scaling
services at the following Scaling

site(s): [Bar J Scales, 1.5 miles off Lassen County Road A3 on Lassen
County Road 311]{.underline}. The Scaling site(s), normally will be a
non-exclusive site where more than one National Forest timber sale
Purchaser may be served.

The Purchaser may request, in writing, to the Contracting Officer an
alternate Scaling site, such as at a private mill yard, private truck
ramp, or a privately operated log transfer facility. The Contracting
Officer may approve an alternate Scaling site when the Contracting
Officer determines that existing conditions ensure that Scaling at an
alternate site is acceptable. Such conditions shall include at a
minimum: (a) scaler safety and comfort; (b) product accountability and
security; (c) conditions conducive to accurate and independent Scaling;
and (d) remote check Scaling. Upon the Contracting Officer\'s written
approval of an alternate Scaling site, the Contracting Officer and the
Purchaser shall enter into a written memorandum of agreement governing
Scaling at that alternate location. The Purchaser agrees that Scaling
services at an alternative Scaling site shall be performed by Forest
Service personnel or persons under contract with the Forest Service. In
no instance shall Scaling services be performed by the Purchaser or
employees of the Purchaser.

[Definitions]{.underline}. Scaling services may be Continuous,
Intermittent, or Extended. \"Continuous Scaling Services\" is Scaling at
one site five eight-hour shifts a week, exclusive of Sundays and Federal
holidays designated by statute. \"Intermittent Scaling Services\" are
non-continuous Scaling services. \"Extended Scaling Services\" are
Scaling services exceeding Continuous Scaling Services, and may include
Sundays and designated Federal holidays.

[Other Services]{.underline}. Upon written request of Purchaser, the
Contracting Officer may approve the Forest Service providing other
services, such as but not limited to grading, tagging or marking of
scaled logs.

[Interrupted or Delayed Services]{.underline}. In the event Scaling
services are interrupted or delayed, the Contracting Officer shall
provide written notification to the Purchaser and the Purchaser shall
suspend the Purchaser\'s operations. The Purchaser agrees that in the
event such an interruption or delay occurs for reasons not caused by the
Purchaser, its sole and exclusive remedy shall be (a) contract term
adjustment pursuant to Standard Provision 3, or (b) when such an
interruption or delay exceeds 30 days during Normal Operating Season,
contract term adjustment pursuant to Standard Provision 3, plus
out-of-pocket expenses involved in acquiring and holding the contract
such as maintaining performance bonds and cash deposits incurred as a
direct result of the interruption or delay of Scaling services under
this provision. Out-of-pocket expenses apply only when the Forest
Service provides Scaling services and do not include lost profits,
attorney\'s fees, replacement cost of timber, or any other anticipatory
losses suffered by the Purchaser. The Purchaser agrees to provide
receipts or other documentation to the Contracting Officer which clearly
identifies and verifies actual expenditures. The Purchaser further
agrees that no log hauling shall be conducted outside agreed upon
Scaling services scheduled.

**SCALING SPECIFICATIONS**

+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        | > |        |        |       |
|           |           |       |        |   |        |        |       |
|           |           |       |        | * |        |        |       |
|           |           |       |        | * |        |        |       |
|           |           |       |        | T |        |        |       |
|           |           |       |        | r |        |        |       |
|           |           |       |        | i |        |        |       |
|           |           |       |        | m |        |        |       |
|           |           |       |        | > |        |        |       |
|           |           |       |        |   |        |        |       |
|           |           |       |        | A |        |        |       |
|           |           |       |        | l |        |        |       |
|           |           |       |        | l |        |        |       |
|           |           |       |        | o |        |        |       |
|           |           |       |        | w |        |        |       |
|           |           |       |        | a |        |        |       |
|           |           |       |        | n |        |        |       |
|           |           |       |        | c |        |        |       |
|           |           |       |        | e |        |        |       |
|           |           |       |        | * |        |        |       |
|           |           |       |        | * |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
| **        | **        | **U   | **Max  |   | **Diam | **Le   | **T   |
| Species** | Product** | nit** | imum** |   | eter** | ngth** | rim** |
|           |           |       |        |   |        |        |       |
|           |           | *     | **Sca  |   | **R    | **R    | **A   |
|           |           | *of** | ling** |   | ange** | ange** | llowa |
|           |           |       |        |   |        |        | nce** |
|           |           | *     | **Le   |   | **(inc | **(f   |       |
|           |           | *Meas | ngth** |   | hes)** | eet)** | **    |
|           |           | ure** |        |   |        |        | (inch |
|           |           |       | **(f   |   |        |        | es)** |
|           |           |       | eet)** |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+
|           |           |       |        |   |        |        |       |
+-----------+-----------+-------+--------+---+--------+--------+-------+

[7.21#]{.underline} - [SCALING SERVICES DEPOSIT SCHEDULE]{.underline}
(11/99) Purchaser shall make deposits for Scaling Services to the Forest
Service under Standard Provision 9 at the following rate(s):

[Standard Rate]{.underline} [Premium Rate]{.underline}

Scaling Services: \$\_[N/A]{.underline}\_\_ per load.
\$\_[N/A]{.underline}\_ per load

Weighing Services: \$\_[27.56]{.underline} per load.

When Purchaser requests scaling services outside normal working hours,
Saturdays, Sundays or the listed holidays and the Forest Service agrees,
scaling deposits will be paid at the premium rate of 1.5 X the contract
scaling rate plus overhead:

Normal working hours are Monday - Friday between 6:00 a.m. and 8:00 p.m.

Holidays:

New Years Day Labor Day

Martin Luther King\'s Birthday Columbus Day

Washington\'s Birthday Veteran\'s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

**Attachment A**

WORKSHEET TO DETERMINE SCALING COSTS

SALE NAME: **PRATTVILLE FOREST RECOVERY DFPZ**

Original Worksheet: \[ **X** \] Revised Worksheet: \[ \]

Instructions: Use for estimating scaling costs to be included in
[7.21#]{.underline} - [Scaling Services Deposit Schedule]{.underline}
and for adjusting scaling costs, if applicable, to reflect actual
scaling costs and indirect cost assessment.

**SALE INFORMATION:**

1\. Estimated scaled volume **100%** [33,629 GT]{.underline}

2\. Average volume/load [25 GT]{.underline}

3\. Estimated number of loads for the timber sale [1,345
loads]{.underline}

4\. Check scale: Frequency = 1 check scale per month, per scale

to equal 2% of total volume scaled for sale [\$ 0.00/load]{.underline}

5\. Facility maintenance: Upgrading existing truck ramp or establishing
temporary ramp at A-14 [\$ 0.00/load]{.underline}

+---------------------+--------------+-----------------+--------------+
| [Item]{.underline}  | > [\$/Month] | > [No of        | > [Total]    |
|                     | {.underline} | > Mont          | {.underline} |
|                     |              | hs]{.underline} |              |
+---------------------+--------------+-----------------+--------------+
| Office Trailer      |              |                 |              |
+---------------------+--------------+-----------------+--------------+
| Generator           |              |                 |              |
+---------------------+--------------+-----------------+--------------+
| Portable Toilet     |              |                 |              |
+---------------------+--------------+-----------------+--------------+
| Set-Up / Breakdown  |              |                 |              |
+---------------------+--------------+-----------------+--------------+
| **TOTAL**           |              |                 |              |
+---------------------+--------------+-----------------+--------------+

6\. Indirect cost assessment (%) (check with your forest) \$
[.20]{.underline}

**CALCULATION FOR THE SALE:**

7\. Estimated or actual bid rates for scaling (based on which (**HIGHEST
BID**)

contractor will likely accept or has accepted delivery order): [\$
15.45/load]{.underline}

8\. Check Scaling Costs (Line 4) [\$ 0.00/load]{.underline}

9\. Weight Scaling Cost: Cost of weighing load (if applicable)

at A-14 location or an alternate location requiring payment for

weigh services. **(Use only when weight scaling is required and**

Forest Service is paying with funds collected through C6.811). [7.00
/load]{.underline}

10\. Facility Maintenance (Line 5) [\$ 0.00/load]{.underline}

11\. Bid rate PLUS indirect cost assessment (Line 7 / (1.0-16%) [\$
18.39/load]{.underline}

> a\. Estimated or actual cost per load for indirect cost assessment

collection (Line 11 - 7). [\$ 5.11/load]{.underline}

12\. Total estimated cost (included in C6.811) or actual cost per

load charged to purchaser (Lines 8 + 9 + 10 + 11a) [\$
27.56/load]{.underline}

13\. **Estimated** total cost for scaling for timber sale

(Line 12 X Line 3 =) [\$ 37,068.20]{.underline}

INITIAL ADVANCE SCALING DEPOSITS REQUIRED FROM PURCHASER:1

14\. **Estimated** advance deposit required for 60 days production prior
to hauling. Based on Purchaser\'s Plan of

Operations, calculate the following:

[00]{.underline} loads/day X [22]{.underline} days/month X 2 months =
total \# loads 60 days [000]{.underline}

Estimated total value of deposit = Line 12 X Line 14 = [\$
N/A]{.underline}

[7.3]{.underline} - [WEIGHING SERVICES]{.underline}. (8/98) Weighing
services for stumpage payment purposes may be provided by either public
or privately owned and operated weighing facilities. A Weighing Services
Agreement, approved by the Forest Supervisor, must be executed at each
weighing facility providing weighing services.

Scales used to weigh National Forest products for stumpage payment
purposes must be a currently certified scale in accordance with State
law and be capable of weighing the entire load of products in a single
operation. The weighing of less than the entire load is prohibited.
Unless the Contracting Officer agrees in writing otherwise, the minimum
sized weighing facility shall be a 60-ton capacity scale with a 10\' x
70\' platform or larger. The weightmaster must work in a position where
it is possible to verify that the truck wheels are on or off the scales.

Weighbeam facilities shall meet the following minimum requirements:

> \(a\) be an electronic design;
>
> \(b\) use electronic load cells or have a fully enclosed and sealed
> weighbeam;
>
> \(c\) have digital weight meters sealed with a seal approved by the
> State;
>
> \(d\) have a zero interlocking device on the printer;
>
> \(e\) have an automatic zeroing setting mechanism;
>
> \(f\) have an automatic motion detecting device;
>
> \(g\) be shielded against radio or electromagnetic interference; and
>
> \(h\) have a date and time stamp which prints with each weighing.

The Purchaser shall bear all charges or fees for weighing services.

[7.4#]{.underline} - [THIRD PARTY SCALING SERVICES]{.underline}. (8/98)
Notwithstanding the requirement for Forest Service or parties under
contract to Forest Service to provide scaling services under Special
Provision 7.2, scaling designated in the table below shall be conducted
by a Third Party Scaling Organization (TPSO) approved by the Contracting
Officer. Scaling shall be done in accordance with Special Provision 7.2#
and the Purchaser shall bear costs for the scaling service.

In the event the Third Party Scaling Service is suspended for causes
such as strike(s), the Forest Service\'s termination of the third
party\'s approval to scale National Forest System logs, or the
Purchaser\'s failure to pay third party scaling costs, Purchaser\'s
hauling operations shall be suspended until the Contracting Officer
agrees, in writing, to alternate scaling services or service by a third
party is resumed.

When an approved alternate scaling location, pursuant to Special
Provision 7.2, does not have an approved third party scaling
organization as a commonly used scaling services provider, the Forest
Service or parties under contract to the Forest Service shall provide
scaling services at the approved alternate location. In such an event
the cost of waived the third party scaling listed in table below shall
be charged to the timber sale account.

If the Contracting Officer and the Purchaser agree in writing that
scaling will be performed by another party under contract to the Forest
Service, the Purchaser\'s Timber Sale Account will be charged for such
scaling pursuant to Special Provision 7.2.

+-----------+---------+-------+--------------------+-------+---------+
| **        | **Pr    | **U   | **Site and         | **Sta | **Esti  |
| Species** | oduct** | nit** | Geographic**       | ndard | mated** |
|           |         |       |                    | Met   |         |
|           |         | *     | **Location**       | hod** | **Cost  |
|           |         | *of** |                    |       | Per**   |
|           |         |       |                    |       |         |
|           |         | *     |                    |       | **Unit  |
|           |         | *Meas |                    |       | \$**    |
|           |         | ure** |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+
|           |         |       |                    |       |         |
+-----------+---------+-------+--------------------+-------+---------+

[7.5 (OPTION 1)]{.underline} - [PRODUCT IDENTIFICATION]{.underline}.
(8/98) Before removal from the Sale Area, unless the Contracting Officer
determines that circumstances warrant a written waiver or adjustment,
(a) all products 8 feet or more in length and one-third or more sound
shall be hammer branded on each end that is 7 inches or more in diameter
and (b) all domestic processing products 8 feet or more in length and
one-third or more sound shall be painted with a spot of highway-yellow
paint on each end that is 7 inches or more in diameter. Each paint spot
must be not less than 3 square inches in size.

Brands shall be assigned by the Contracting Officer and, if the Sale
Area is within a State that maintains a log brand register, brands shall
be registered with the State. The Purchaser will furnish and apply
highway-yellow paint of a lasting quality (oil-base or equivalent).

All hammer brands and/or highway-yellow paint must remain on logs until
they are domestically processed. If the identifying marks are lost,
removed, or become unreadable, they shall be replaced. The Purchaser may
remanufacture products into different log lengths. Except for logs
remanufactured as part of the mill in-feed process immediately before
processing, remanufactured products must be rebranded with the assigned
sale brand and repainted with highway-yellow paint, unless otherwise
agreed to in writing by the Contracting Officer. For such remanufactured
products, the Contracting Officer may approve use of a brand to be used
exclusively as a catch brand, in lieu of the assigned sale brand.?

[7.6]{.underline} - [LOG ACCOUNTABILITY]{.underline}. (11/99) Forest
Service and Purchaser shall agree upon the haul route(s) prior to use.
All products removed from Sale Area shall be transported over the
designated route of haul. If products are removed in log form using
conventional logging trucks, follow instructions on the inside cover of
product removal permit for attaching permit to the load. If purchaser
elects to use chip vans, dump trucks or vehicles other than conventional
logging trucks, the following additional requirements shall apply:

> Product removal permits shall be stapled to a piece of wood or similar
> material attached to the lower front corner of the van or other
> non-conventional trailer or dump, on the drivers side.
>
> Purchaser shall:
>
> \(a\) Assign a competent individual to insure form R5-2400-41, product
> removal permit, is completely and accurately filled out. Require truck
> drivers to sign the stub of a completed product removal permit, assure
> permit is attached to the load as indicated on the inside cover of the
> product removal permit book, prior to removal from the Sale Area and
> while in transit to the scaling location.
>
> \(b\) Inform all drivers of their responsibilities and assure that
> drivers have access to form R5-2400-219, Off-loaded or Lost Log(s)
> Report, at all times during the haul.
>
> \(c\) Require truck drivers to complete form R5-2400-219 at the time
> and location logs are lost or off-loaded. Upon arrival at scaling
> location, the truck driver shall staple the form to the scaler\'s copy
> of the product removal permit or otherwise deliver to the scaler.
>
> \(d\) Require truck drivers to stop for transportation inspections, if
> requested by Forest Service, for the following reasons:
>
> \(1\) For accountability checks when products are in transit from Sale
> Area to the designated scaling location.
>
> \(2\) For a remote check scale when products are in transit after
> being truck scaled at the designated scaling location.
>
> \(e\) Inform truck drivers of the designated route(s) of haul, the
> agreed upon location(s) for transportation inspections, the method of
> alerting drivers of an impending stop, and the fact that loads may be
> inspected at other locations where it is safe and possible to do so.
>
> \(f\) Require truck drivers to report to Purchaser instances when the
> load will be delayed in transit for more than 24 hours. Purchaser in
> turn shall promptly notify Forest Service of delayed loads by product
> removal permit number and reason for the delay. Routine delays may be
> approved by Forest Service in writing in advance, provided the
> location of the delayed truck load is specified.

Purchaser shall arrange for notice of off-loaded or lost logs by the
scaling organization. Purchaser shall notify Forest Service of
off-loaded or lost log(s) and their location within 24 hours of such
loss. The scaler shall attach form R5-2400-219 to the Ranger District\'s
copy of the scale ticket along with the scaler\'s copy of the Product
removal permits.

In the event Purchaser\'s branded and unreported logs are found by
Purchaser, Purchaser will notify the Forest Service and/or cooperate and
participate in an investigation to determine the reason the log was not
reported as required.

Locations for accountability checks shall be established by agreement
between Purchaser and Forest Service in advance of haul. Such locations
shall be only in areas where trucks can be safely stopped and parked.

Remote check Scale locations shall be established by agreement between
Forest Service and Purchaser in areas where it is safe to stop trucks
and scale logs.

[7.7]{.underline} - [SCALING LOST PRODUCTS]{.underline}. (8/98) The
Contracting Officer or designee shall determine the volume of lost
products by the best methods currently available, using data from the
records for the period in which the loss occurred or the most applicable
period if loss should occur substantially after cutting. In the absence
of specific information indicating size or species of lost truck loads,
lost loads will be deemed to have a scale volume and species composition
equal to that of the highest value load scaled during the report period.
Individual products shall be assumed to be the same as that of the
average volume of the highest priced species scaled during the report
period. No payment for lost products may be required if the Contracting
Officer or designee determines that the volume involved is small and
justified by existing conditions.

[7.8]{.underline} - [SCALING LOST SAMPLE LOADS]{.underline}. (8/98) If
loads of logs selected to be sample scaled are placed in the decks
before they are scaled, they will be considered lost sample loads. It
will be difficult if not impossible, to determine the volume and species
contained in such loads for payment purposes. Therefore, lost sample
loads will be deemed to have a scale volume and species composition
equal to that of the highest value load scaled during the sampling
period as determined by the Contracting Officer or designee. If no
sample loads were scaled during the period, the scale data for the high
valued load will be taken from the most current preceding sampling
period with scale. Sample loads lost as a result of Forest Service
actions shall be treated as non-scaled loads.

**EXHIBIT C**

### Wet Haul Conditions

The following is a supplement to the Road Maintenance and Erosion
Control item (C.2.3.1). It is intended as a set of operating conditions
for the use of roads during wet periods within the normal operating
season (June 1 through November 15). Roads are a forest improvement and
are protected under C.3 \"Resource Protection Standards.\"

A. Haul may be allowed when:

1\. The haul route from the unit to the paved road is stabilized with
sufficient aggregate to support haul under evaluated conditions.

2\. Earth surfaced roads must be dry enough to be bladed and shaped to
maintain proper drainage. This may be necessary quite frequently,
depending on road conditions and pending storms.

3\. If the road is in a condition acceptable for drainage and it is
frozen.

B. Haul shall not be allowed when:

1\. The road is stabilized with aggregate, but the subgrade becomes
saturated and the stability of the road prism cannot support the haul.

2\. When native surface roads turn to mud and cannot be immediately
shaped for drainage.

3\. If sections of roads lose structural strength and will not support
haul.

4\. When sediment is draining from the roadway and entering a
streamcourse.

C. Other than haul traffic:

1\. In some instances, crew traffic may alter the designed road drainage
through minor rutting. Minor rutting is defined as the travelway being
rutted to a depth less than or equal to two (2) inches over less than
10% of the length of the road (measured on a mile by mile basis). When
this occurs, the purchaser will be required to install temporary
waterbars to maintain drainage on the road. This will be done on a daily
basis if melting and run-off is occurring. If this traffic is causing
road resource damage or sediment to enter a streamcourse, crews shall
find alternate ways of reaching the area.

D. General

1\. If Contractor removes snow from roads, such work shall be done in a
manner that will protect roads and adjacent resources.

2\. Snow berms shall be removed or placed to avoid accumulation of melt
water on the road and prevent water concentration on erosive slopes or
soils. If the road surface is damaged, Contractor shall replace lost
surface material and repair structures damaged in blading operations
prior to hauling, unless climatic conditions prevent necessary work from
being accomplished.

3\. Single lane roads shall be plowed full width including turnouts. In
event double lane roads are not plowed to full width, warning signs
shall be required and plowing shall be no less than single lane (12
feet) with intervisible turnouts.

4\. Snow removals to two (2) to four (4) inches above road surface may
be permitted. Road surface shall not be removed by plowing. Any damage
or loss of road surface shall be replaced or repaired. Drainouts shall
be provided at 100 to 200 foot intervals or as designated on the ground.

5\. Trucks shall track over the entire road surface to disperse water
run-off.

6\. Temporary cross drains may be required in advance of predicted
storms or warm fronts.

7\. Large puddles shall be drained.

8\. Ditches and culverts shall be maintained so they will be functional
at all times.

**EXHIBIT D**

**[Subsoiling Specifications]{.underline}**

Contractor shall subsoil landings unless otherwise agreed to by the
Contracting Officer and the Contractor. Subsoiling shall be accomplished
by a winged subsoiler or other equipment that will lift and fracture the
subsoil by vertical and lateral shattering, leaving the soil loosened
through the full width and depth of the compacted layer with the topsoil
remaining substantially in place rather than being inverted. Subsoiling
shall extend to a depth of 18 inches. Forest Service may agree to lesser
depths when excessive rock or other limiting site conditions are
encountered. Use of rock rippers shall not be permitted to accomplish
subsoiling requirements.

> **EXHIBIT D-1**
>
> **[Marking Prescription for Control of Black Stain Root Disease in
> Unit 32D]{.underline}**

**General** - Leave trees will be selected by the Forest Service from
the dominant, codominant and intermediate crown classes. Selected trees
should be the best formed, disease/damage/defect free tress available.
Slightly damaged or disease trees may be left (not excessively damaged)
when these are the healthiest trees available to meet stocking and
spacing requirements. Suppressed trees should not be marked for
retention. Spacing may be adjusted by up to 25%, in order to keep as
many healthy trees as possible and to facilitate an irregular spacing
pattern for visual quality objectives.

Markers should strive to maintain species diversity within the stand.
While leaving healthy trees should be a primary consideration, those
species which are poorly represented will be generally be marked for
leave, when all other things are considered equal. These tree species
include sugar pine, Douglas-fir, incense cedar, and white fir. These
trees may be found more commonly in the codominant crown classes, and
they should be retained, when healthy, over ponderosa pine. Douglas-fir
in the intermediate crown classes should not be retained if it has low
branching that would render DFPZ objectives less effective.

# Unacceptable trees

\- A live crown ratio of less than 30%

\- Fading, thinning, off-color foliage

\- Suppressed trees

\- Excessive damage, defect or disease infection

**Blister Rust Infected** -- Sugar pine trees should be considered
excessively diseased if they are bearing any visible blister rust
cankers on the trunk or there are in excess of five branches with
cankers. Branch cankers can appear as "flags" in which all the needles
turn brown.

**Black Stain Infected** -- Black stain is host-specific and is
infecting only Ponderosa pine/Jeffrey pine trees in this stand. Black
stain centers typically start in a tree or stump and work outwards,
spreading slowly in all directions.

Trees adjacent to these centers will show symptoms including chlorosis,
fading crowns, and reduced needle length. Trees continue to be infected
through root contact, as well as through insect vectors, therefore, to
minimize the spread in this manner, all ponderosa/Jeffrey pine trees
within 60 feet (roots may extend the width of tree height) of a
suspected center (dead and infected trees) will need to be removed.
There are numerous centers in this stand (at least 14 and up to 20).
These centers will likely overlap onto each other. All other tree
species may be retained in these centers, provided they do not hinder
operations.

Immediately adjacent to the areas of complete removal, thinning will be
initiated. Spacing will be wider than normal, to 32'X 32' spacing, to
lessen root contact between infected trees. This wide spacing "buffer"
will extend for 200 feet surrounding the cut infection centers.
Thereafter, spacing will resume to a range of 18 to 32 'spacing, with an
average of 25' spacing. Current spacing varies widely from 8X8' to
16X16'. Clumping is allowed only in the outermost thinning area.
Clumping up to 3 codominants and varying the spacing is acceptable when
done in an effort to retain the best trees and to retain species
diversity. Be careful not to clump continuously as this defeats the
purpose of thinning and may complicate timber-harvesting operations.

**Elytroderma Infected** -- Ponderosa pine/Jeffrey pine -- trees should
be considered excessively infected if more than 60% of the crown is
heavily infected. Heavy infection appears as the current years needles
are red or brown, and older infections create brooming similar to those
seen in dwarf mistletoe infections, however they tend to be more compact
and globulose.

**Excessive damage** -- all species -- broken tops in the lower
two-thirds of the tree are characterized as excessively damaged and
should not be considered as leave trees.

**Defect** -- Forks and crook in the upper third of the tree are not
classified as excessive. These trees should only be left if no better
formed trees exist within the specified distance.

### 

### Snags and down logs guidelines:

### 

### Snag retention

> 0-3 per acre in the primary corridor (1 to 2 tree heights in width)
>
> Up to 8 of the largest snags per acre in the secondary zone

**Down log retention**

> 2 of the largest down logs per acre in the primary corridor
>
> Up to 10-15 tons per acre of the largest logs

EXHIBIT E

FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS

**Sierra Cascade Province (07-20-00)**

**(Ref: FSH 6309.32 and 6309.11)**

1.  **[SCOPE]{.underline}:**

The provisions set forth below outline the responsibility for fire
prevention and suppression activities and establish an attack procedure
for fires within the contract area. The contract area is delineated by
map in the contract. The provisions set forth below also specify
conditions under which contract activities will be curtailed or shut
down. See Section 5, Emergency Measures below.

**2.** **[RESPONSIBILITIES]{.underline}**:

#  A. Contractor

(1) Shall abide by the requirements of this Fire Plan.

\(2\) Shall take all steps necessary to prevent his/her employees,
subcontractors and their employees from setting fires not required in
completion of the contract, shall be responsible for preventing the
escape of fires set directly or indirectly as a result of contract
operations, and shall extinguish all such fires which may escape.

\(3\) Shall complete the Contractor\'s Plan Regarding Personnel,
Equipment and organization (6.B) and shall furnish the Contracting
Officer (CO) with a copy prior to commencing work at the site. Shall
currently advise the CO of any changes in personnel, equipment and
organization as the changes occur. Shall revise Section 6.B to reflect
current activities upon request of the CO.

#  B. Forest Service 

The Forest Service may conduct one or more inspections for compliance
with the fire plan. The number, timing, and scope of such inspections
will be committed at the discretion of agency employees responsible for
contract administration. Such inspections do not relieve the Contractor
of responsibility for correcting violations of the fire plan or for fire
safety in general, as outlined in paragraph 2.A above.

**3. [TOOLS AND EQUIPMENT:]{.underline}**

A.  The Contractor shall comply with the following requirements:

    1.  Shall equip all diesel and/or gasoline-operated engines, both
        stationary and mobile, and all flues used in any contract and
        camp operations with spark arresters that meet Forest Service
        standards set forth in the National Coordinating Group
        publication for Multiposition Small Engines, #430-4, or General
        Purpose and Locomotive, #430-2. Spark arresters are not required
        on equipment powered by exhaust-driven turbo-charged engines or
        motor vehicles equipped with a maintained muffler as defined in
        California Public Resources Code (CPRC), Section 4442 and 4443.

    2.  Shall furnish and have available for emergency use on each piece
        of equipment used in conjunction with performance of the work as
        listed below, hand tools and/or equipment as follows (CPRC 4427,
        4428 and 4431):

> \(a\) One shovel, one axe (or pulaski) and a fully charged fire
> extinguisher U.L. rated at 4 B:C or more on each truck, personnel
> vehicle, tractor, grader and other heavy equipment.
>
> Contractor shall equip each mechanized harvesting machine with
> hydraulic systems, powered by an internal combustion engine (chipper,
> feller/buncher, harvester, forwarder, stroke delimber, etc), except
> tractors and skidders, with at least two 10 lb 4A/60B:C fire
> extinguishers or equivalent. In addition, concentrations of wood dust
> and debris shall be removed from such equipment daily.
>
> \(b\) One shovel and one back-pack 5 gallon water-filled tank with
> pump with each welder.
>
> \(c\) One shovel and one chemical pressurized fire extinguisher (fully
> charged) for each gasoline-powered tool, including but not restricted
> to chain saws, soil augers, rock drills, etc. Fire extinguishers shall
> be of the type and size set forth in the California Public Resources
> Code Section 4431. Shovel must be kept within 100 feet from each chain
> saw when used off cleared landing areas.

3.  All tools and equipment required in (1) and (2) above shall be in
    good workable condition and shall meet the following principle
    Forest Service specifications for fire tools:

    a.  Shovels shall be size \"O\" or larger and be not less than 46
        inches in overall length.

    b.  Axes (or pulaskis) shall have 2-1/2 pound or larger heads and be
        not less than 28 inches in overall length.

4.  Shall furnish a water tank truck or trailer, if so designated in
    Section 5.F. Tank truck or trailer shall be located on or
    immediately adjacent to the contract area and meet the following
    minimum specifications: Contain at least 300 gallons of water; a
    combination straight stream-fog nozzle with 300 feet of one inch
    fire hose with no segment longer than 50 feet; fire hose with nozzle
    closed shall be capable of withstanding 200 psi pump pressure
    without leaking, slipping of couplings, distortions, or other
    failures; nozzle discharge rating of six to 20 gallons per minute; a
    pump capable of delivering 23 gallons per minute at 175 pounds psi
    at sea level; power unit for pump shall have fuel for at least two
    hours operation, with ample transport available for immediate and
    safe movement of tank over roads serving the contract area; and
    shall be in good working order; pump outlet shall be equipped with
    1-1/2 inch National Standard Fire Hose thread.

5.  Shall furnish two tractor headlights for each tractor dozer, if so
    designated in Section 5.G. Tractor headlights shall be attachable to
    each tractor and served by an adequate power source.

B. **Forest Service** (1) Contracting Officer\'s Representative (COR)
will deliver Government-furnished fire tool box to contract site and
remove after completion and acceptance of the contract, if so designated
in Section 5.C below.

**4. [GENERAL]{.underline}**

**A. State Law**. The Contractor shall comply with all applicable laws
of the State of California. In particular, see California Public
Resource Codes.

**B. Permits Required**. The Contractor must secure a special written
permit from the District Ranger or designated representative before
engaging in any of the activities listed below. The terms and conditions
of any of the permits required for this contract are as shown on copies
attached to the Fire Plan.

> \(1\) Blasting and Storage of Explosives and Detonators. (Explosives
> Permit required by California Health & Safety Code, Section 12101.)
>
> \(2\) Burning.
>
> \(3\) Air Pollution. (Issued by local State or County Air Pollution
> Control Districts, as applicable.)
>
> \(4\) Camp, Lunch and Warming Fires.
>
> \(5\) Welding and Cutting.

**C. Regulations for Burnin**g. Before setting any fires whatsoever, the
Contractor shall notify the CO of his/her intentions. Special care shall
be taken to prevent scorching or causing any damage to adjacent
structures, trees, and shrubbery. Piles of material to be burned shall
be of such size and so placed that during burning no damage shall result
to adjacent objects.

**D. Smoking and Fire Rules**. Smoking shall not be permitted during
fire season, except in a barren area or in an area cleared to mineral
soil at least three feet in diameter (CPRC 4423.4). In areas closed to
smoking, the CO may approve special areas to be used for smoking. These
areas shall be signed by the Contractor. Contractor shall post signs
regarding smoking and fire rules in conspicuous places for all employees
to see. Contractor\'s supervisory personnel shall require compliance
with these rules. Under no circumstances shall smoking be permitted
during fire season while employees are operating light or heavy
equipment, or walking or working in grass and woodlands.

**E. Storage and Parking Areas**. Equipment service areas, parking
areas, and gas and oil storage areas shall be cleared of all inflammable
material for a radius of at least 50 feet. Small mobile or stationary
engine sites shall be cleared of inflammable material for a radius of at
least 15 feet from such engine. Areas of the type described above must
be approved in writing by the CO.

**F. Welding**. Contractor shall confine welding activity to cleared
areas having a minimum radius of ten feet measured from place of
welding.

**G. Blasting**. Contractor shall use electric caps only. When blasting
is necessary in slash areas, a watchperson equipped with shovel and a
water-filled backpack can (5 gallon) with hand pump shall remain in the
immediate area for an hour after blasting has been completed.

**H. Oil Filter and Glass Jugs**. Contractor shall remove from National
Forest land all oily rags and used oil filters. Contractor shall
prohibit use of glass bottles and jugs on contract operations.

**I. Reporting Fires**. As soon as feasible after initial control action
is taken, Contractor shall notify Forest Service of any fires along
roads used by Contractor.

**J. Communications**. If required in Section 5.I of these Fire Plan
Requirements, Contractor shall furnish a serviceable telephone,
radio-telephone, or radio system connecting each operation with the
designated Forest Service Dispatch Center. A radio-equipped fire
patrolperson vehicle will satisfy this requirement if in operation
during the time required. The communication system shall provide prompt
and reliable communications between the Contractor\'s operations and the
Forest Service Dispatch Center**.** The communications system shall be
operable during Contractor\'s operation in the fire precautionary period
and at the time fire patrolperson service is required. The
communications system shall be capable of contacting the designated
Forest Service Dispatch Center within five (5) minutes of discovery of a
fire in the Contractor's operating area.

**5. [EMERGENCY MEASURES]{.underline}**

The table set forth below establishes work restrictions and fire
precautions that the Contractor must observe at each activity level.

If so designated in paragraph 5.H. below, the Contractor shall install a
weather station representative of conditions within the contract area
for the purpose of determining the activity level. If the Contractor
installs a weather station, the Contractor shall determine and implement
the appropriate activity level immediately after taking weather
observations.

If the Contractor does not install a weather station, it shall obtain
the activity level from the Forest Service before starting work each
day. If practicable, the Forest Service will determine the activity
level for the following day by 4:00 each afternoon. The activity level
may be changed at any time if, in the judgment of the Forest Service,
fire danger is higher or lower than predicted and the change is
consistent with forest management objectives. Whether to change the
activity level and whether, when and how to take weather observations
for that purpose are within the discretion of the Forest Service.

**Activity Limitations or Requirements for Next Day Based on Predicted
Activity Level**

**[Level]{.underline} [or When Actual Activity Level is
Measured]{.underline}**

(1) Minimum required by state law.

(2) When the Activity Level shown under (1) of this Fire Plan is met or
    exceeded:

> In addition to complying with the limitations and requirements for the
> preceding level, the Contractor shall: Furnish fire patrolperson (if
> required under 5.E below). Furnish tank truck or trailer (if required
> under 5.F below).

\(3\) When the Activity Level shown under (2) of this Fire Plan is met
or exceeded:

> In addition to complying with the limitations and requirements shown
> for the preceding levels, the Contractor shall: Stop all dead tree
> felling except **when the 10-hour fuel stick measures 4 or less, and
> the relative humidity is 20 percent or less, equipment with a rotary
> cutting head shall only be operated with appropriate additional
> precautions approved by the District Fire Management Officer (FMO) and
> Contracting Officer (C.O.).**

\(4\) When the Activity Level shown under (3) of this Fire Plan is met
or exceeded:

> In addition to complying with the limitations and requirements shown
> for the preceding levels, the Contractor shall: Stop all falling,
> limbing, bucking, skidding and other clearing and grubbing operations
> at 1:00 p.m. (local time). Welding only by special permit. No blasting
> after 10:00 a.m. Open burning of any kind shall not be permitted at
> any time during the day.

\(5\) When the Activity Level shown under (4) of this Fire Plan is met
or exceeded:

> In addition to complying with the limitations and requirements shown
> for the preceding levels, the Contractor shall: Shut down all
> operations except as specifically permitted by written order of CO. No
> welding, burning or blasting of any kind shall be permitted. Roads may
> be watered, or dust oiled (does not include pit development).
> Equipment at landings may be serviced. Work in non-hazardous areas may
> continue if specifically permitted by written order of CO.

A.  The Contractor can obtain the Predicted Activity level for the
    following day at telephone number: **(530) 573-2600.**

B. The Contractor (**X**) will ( ) will not be required to furnish a
sealed box of fire fighting tools, to be located in the operating area,
at a point accessible in the event of fire. This box shall contain: one
5-gallon, backpack pump-type fire extinguisher filled with water; two
axes; two Mcleod fire tools; one serviceable chain saw of three and
one-half or more horsepower with a cutting bar 20 inches in length or
longer; and enough shovels so that each employee at the operation can be
equipped to fight fire. The box shall remain unlocked, but be sealed
with a Forest Service seal to be broken for emergency use only.

C. The Forest Service ( ) will (**X**) will not furnish box of fire
fighting tools, the contents of which is within the discretion of agency
employees at the district level. The Contractor shall ensure that the
box remains unlocked but sealed with a Forest Service seal to be broken
for emergency use only. The Contractor will be responsible for keeping
the box in the operating area, at a point accessible in the event of
fire, and will return it to the government upon completion of the work.
The cost of replacing any shortage of tool inventory or loss or damage
to the box will be withheld from the final contract payment due the
Contractor.

D. The Contractor (**X**) will ( ) will not be required to furnish a
filled five gallon backpack pump at each work site at activity level 3
or above.

E. The Contractor (**X**) will ( ) will not be required to furnish a
fire patrolperson with a filled 5-gallon backpack pump to prevent,
detect, and suppress any fires in the contract area. The patrolperson
shall remain on duty at least two hours after the close of work, at
Activity Level 3 or above. SUPPLEMENT: The fire patrolperson (X) may ( )
may not perform other duties on the contract.

F. The Contractor (**X**) will ( ) will not be required to furnish a
water tank truck or trailer. Water tank truck or trailer ( ) may ( ) may
not be used for other work on the contract.

G. The Contractor (**X**) will ( ) will not be required to furnish
tractor headlights.

H. The Contractor (**X**) **shall** ( ) may not install a fire weather
station for obtaining Activity level. The Forest Service shall designate
the fire weather station location. Instruments needed to obtain Activity
level shall meet specifications and standards in Weather Station
Handbook (Inter-agency Guide For Wildland Managers, March 1990 PMS 426-2
NFES 2140), which is available for inspection in the District Ranger\'s
Office. Observations shall be taken hourly, starting at 10:00 am. When
Activity **Level 3 or above** is predicted, additional observations
shall be taken beginning at the time work starts. Observations shall
measure; relative humidity; 10-hour fuel stick; and wind speed.
Emergency precautions for the measured Activity level shall be
implemented. Records of weather measurements shall be maintained and
shall be available to the Forest Service on request.

I. The Contractor (**X**) will ( ) will not be required to furnish
communications equipment.

J.  The appropriate fuel model(s) for this project is G at the Almanor
    weather station.

    6.  **[REPORTING ALL WILD FIRES]{.underline}**

A. Contractor\'s employees shall report all fires to any of the
following Forest Service facilities and/or personnel listed below, but
not necessarily in the order shown:

  ----------------- ----------------- ----------------- -----------------
                    Name              Office Address    Home address
                                      and/or telephone  and/or telephone

  **Dispatch        **SIFC ECC**      **(530)           
  Center**                            252-1588**        

  Nearest FS        Almanor R.S.      \(530\) 258-2141  
  Station                                               

  Inspector                                             

  COR                                                   

  District Ranger                                       

  D.R. Designated                                       
  Rep                                                   

                                                        
  ----------------- ----------------- ----------------- -----------------

When reporting a fire, provide the following information;

Your Name;

Call back telephone number;

Project name;

Location;

Legal description (Township, Range, Section); and

Descriptive location (Reference point);

Fire Information;

Acres;

Rate of Spread; and

Wind Conditions.

B. Contractor\'s Plan Regarding Personnel, Equipment and Organization.
The Contractor shall, prior to commencing work, furnish the following
information relating to key personnel, tools and equipment available for
the purpose of fighting wild fires within and adjacent to the Contract
Area:

\(1\) **Key Personnel**: (In order of call preferences)

+-----------------------+----------------------+----------------------+
| Title                 | Name                 | Address and/or       |
|                       |                      | telephone            |
+-----------------------+----------------------+----------------------+
| # Fire Supervisor     |                      |                      |
+-----------------------+----------------------+----------------------+
|                       |                      |                      |
+-----------------------+----------------------+----------------------+
| # Fire Patrolperson   |                      |                      |
+-----------------------+----------------------+----------------------+
|                       |                      |                      |
+-----------------------+----------------------+----------------------+

#  (2) Personnel and Equipment

  ----------------------- ----------------------- -----------------------
                          Number                  Classification or Type,
                                                  Make & Model

  Fire Fighters:                                  

                                                  

  Fallers:                                        

                                                  

  Power Saws:                                     

                                                  

  Other Equipment:                                

                                                  
  ----------------------- ----------------------- -----------------------

\(3\) **Fire Suppression Plan**:

Contractor\'s Signature Date

Contracting Officer Date

**EXHIBIT F**

Soil and Water Integrated Design Features and Best Management Practices

BMP 1.3 Use of Erosion Hazard Ratings for Timber Harvest Unit Design.
The EHR for this project is **[LOW]{.underline}**. Erosion control
structures on skid trails should be based on this rating.

BMP 1.4 Use of Sale Area Maps for Designating Water Quality Protection
Needs. Protection of Riparian Habitat Conservation Areas (RHCAs) has
been identified by Project Foresters and the Forest Soil Scientist.

BMP 1.8 Streamside management zone designation. Buffers should be
consistent with the SAT guidelines.

BMP 1.12 Log Landing Location: Locate landings in such a way as to avoid
creation of hazardous watershed conditions and resulting water quality
degradation. Where possible re-use existing landings that do not
adversely affect water quality. Scarify the surface of landings and
spread any existing soil piles to restore soil infiltration and
productivity.

BMP 1.13 Erosion Prevention and Control Measures During Timber Sale
Operations. Ensure that Purchaser's operations shall be conducted
reasonably to minimize soil erosion.

BMP 1.17 Erosion Control on Skid Trails: To protect water quality by
minimizing erosion and sedimentation derived from skid trails. Refer to
Erosion Hazard Rating of LOW for distance between water bars.

BMP 1.19 Stream course Protection: This is to protect the natural flow
of streams, to provide unobstructed passage of stormflows, to reduce
sediment and other pollutants from entering streams, and to restore the
natural course of any stream as soon as practicable if the stream is
diverted as a result of timber management activities. RHCA buffer width
requirement identified by the Scientific Analysis Team (SAT) Report
(*Viability Assessment and Management Considerations for Species
Associated with Late-Successional and Old-Growth Forests of the Pacific
Northwest*, The Report of The Scientific Analysis Team, USDA Forest
Service, March 1993). Buffer strip distances were not modified during
the watershed analysis. The following interim guideline distances will
be used:

1.  [Ponds, Reservoirs, and Wetlands Greater Than One Acre]{.underline}:
    The Riparian Habitat Conservation Area consists of the body of water
    (the maximum pool elevation of Lake Almanor) for 150 feet horizontal
    distance.

2.  [Seasonally Flowing or Intermittent Streams]{.underline}: Wetlands
    less than One Acre: This Riparian Habitat Conservation Area consists
    of the stream channel or wetland to 100 feet horizontal distance
    (200 feet, including both sides of the channel).

3.  [Permanently Flowing Non-fish-bearing Streams]{.underline}: The RHCA
    consists of the stream and the area on either side of the stream
    extending from the edges of the active stream channel for [150
    feet]{.underline} horizontal distance.

BMP 2.26 Obliteration of Temporary Roads: To reduce sediment generated
from temporary roads by obliterating them at the completion of their
intended use. Temporary roads are constructed for a specific short-term
purpose. In order to prevent continued low level casual use, such roads
are obliterated at the completion of their intended use. Obliteration is
achieved by the following:

-   Road is effectively drained and blocked.

-   Temporary culvert and natural drainage configuration is
    reestablished.

-   The road prism is returned to resource production through tillage,
    reshaping, and stabilization of side slopes as needed to prevent
    erosion and foster recovery.

-   Each temporary road should be treated in the manner described above
    at the end of its intended use and prior to the beginning of
    seasonal precipitation.

BMP 6.1 Fire and Fuel Management Activities: One of the objectives of
fire management is to reduce public and private losses which result from
wildfires and or subsequent flooding and erosion, by reducing the
frequency, intensity and destructiveness of wildfire. Surface fuels that
are treated through a combination of understory burning or jackpot
burning will be performed in conjunction with applicable BMPs, which
include BMP 1.22 Slash Treatment in Sensitive Areas. This protects
meadows, wetlands, streamside zones and other sensitive areas.

BMP 7.1 Watershed restoration: To improve water quality and soil
stability watershed restoration is a corrective measure to repair
degraded watershed conditions and restore hydrologic balance with a
vegetative cover. This will maintain or improve soil stability, reduce
surface runoff, increase infiltration, and reduce flood occurrence and
flood damage.

Maintain soil productivity by providing adequate soil cover to prevent
accelerated sheet and rill erosion from occurring. The amount of
material should not create adverse effects to fuels. (Should be
consistent with Erosion Hazard documentation for soils.)

Maintain soil productivity by providing up to 5 downed logs per acre is
maintained throughout the activity area. Special emphasis should be
placed on unit 32 since this area has minimal LWD and limited potential
recruitment.

Maintain soil productivity by ensuring soils porosity is not adversely
affected by operating while soils are wet and by minimizing the extent
of disturbance. Forest Soil Scientist is available to review soil
moisture prior to or during the contract as needed.

Require that all roads on lands managed by the Forest Service, including
those operated by others, be maintained and operated in a manner
consistent with the planned uses and with meeting Riparian Management
Objectives. (SAT Guidelines)

Roads have been inventoried and evaluated in RHCAs. Through this
interdisciplinary team review process, the influence of each road in an
RHCA was identified and a prescription for closure, modification of road
level or obliteration was identified. This is consistent with SAT
guidelines RF-3 (pg 449).

**Wage Determination 5 Pages**

**[SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS]{.underline}**

### OF OFFERORS OR RESPONDENTS

**K.1 [CERTIFICATE OF INDEPENDENT PRICE DETERMINATION]{.underline} (FAR
52.203-2)(APR 1985)**

\(a\) The offeror certifies that\--

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to\--

\(i\) Those prices;

\(ii\) The intention to submit an offer; or

\(iii\) The methods or factors used to calculate the prices offered.

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

\(b\) Each signature on the offer is considered to be a certification by
the signatory that the signatory\--

\(1\) Is the person in the offeror\'s organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) of this
provision; or

(2)(i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) of this provision
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[insert full name of person(s)
in the offeror\'s organization responsible for determining the prices
offered in this bid or proposal, and the title of his or her position in
the offeror\'s organization\];

\(ii\) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) of this provision have not participated, and will
not participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision; and

\(iii\) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision. (c) If the offeror deletes or modifies
subparagraph (a)(2) of this provision, the offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of
the disclosure.

**K.2 [CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN]{.underline}**

**[FEDERAL TRANSACTIONS]{.underline} (FAR 52.203-11)(APR 1991)**

\(a\) The definitions and prohibitions contained in the clause, at FAR
52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.

\(b\) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989\--

\(1\) No Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or
cooperative agreement;

\(2\) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and

\(3\) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of \$100,000 shall certify and disclose
accordingly.

\(c\) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes expenditure prohibited
under this provision or who fails to file or amend the disclosure form
to be filed or amended by this provision shall be subject to a civil
penalty of not less than \$10,000, and not more than \$100,000, for each
such failure.

**K.3 [TAXPAYER IDENTIFICATION]{.underline}** **(FAR 52.204-3)(OCT
1998)**

\(a\) Definitions. Common parent, as used in this provision, means that
corporate entity that owns or controls an affiliated group of
corporations that files its Federal income tax returns on a consolidated
basis, and of which the offeror is a member. Taxpayer Identification
Number (TIN), as used in this provision, means the number required by
the Internal Revenue Service (IRS) to be used by the offeror in
reporting income tax and other returns. The TIN may be either a Social
Security Number or an Employer Identification Number.

\(b\) All offerors must submit the information required in paragraphs
(d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the IRS. If the resulting contract is subject to the payment reporting
requirements described in Federal Acquisition Regulation (FAR) 4.904,
the failure or refusal by the offeror to furnish the information may
result in a 31 percent reduction of payments otherwise due under the
contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(d\) Taxpayer Identification Number (TIN).

\[ \] TIN:.

\[ \]TIN has been applied for.

\[ \] TIN is not required because:

\[ \]Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \] Offeror is an agency or instrumentality of the Federal Government.

\(e\) Type of organization.

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax-exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other

\(f\) Common parent.

\[ \] Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this provision.

\[ \] Name and TIN of common parent:

Name

TIN

**K.4 [CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND ]{.underline}**

**[OTHER RESPONSIBILITY MATTERS]{.underline} (FAR 52.209-5)(MAR 1996)**

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that\--

\(i\) The Offeror and/or any of its Principals\--

\(A\) Are \_\_\_ are not \_\_\_ presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have \_\_\_ have not \_\_\_, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and

\(C\) Are \_\_\_ are not \_\_\_ presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this
provision.

\(ii\) The Offeror has \_\_\_ has not \_\_\_, within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) \"Principals,\" for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution
Under Section 1001, Title 18, United States Code.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offer or nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

**K.5 [SMALL BUSINESS PROGRAM REPRESENTATIONS]{.underline} (FAR
52.219-1)(MAY 1999)**

(a)(1) The standard industrial classification (SIC) code for this
acquisition is **2411- Logging**.

\(2\) The small business size standard is **500 employees**.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(b\) Representations. (1) The offeror represents as part of its offer
that it \_\_ is, \_\_is not a small business concern.

\(2\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents, for general statistical purposes, that it \_\_is, \_\_ is
not, a small disadvantaged business concern as defined in 13 CFR
124.1002.

\(3\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents as part of its offer that it \_\_is, \_\_is not a women-owned
small business concern.

\(c\) Definitions.

\"Small business concern,\" as used in this provision, means a concern,
including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government
contracts, and qualified as a small business under the criteria in 13
CFR Part 121 and the size standard in paragraph (a) of this provision.

\"Women-owned small business concern,\" as used in this provision, means
a small business concern\--

\(1\) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) Notice. (1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the clause
in this solicitation providing notice of the set-aside contains
restrictions on the source of the end items to be furnished.

\(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm\'s
status as a small, small disadvantaged, or women-owned small business
concern in order to obtain a contract to be awarded under the preference
programs established pursuant to section 8(a), 8(d), 9, or 15 of the
Small Business Act or any other provision of Federal law that
specifically references section 8(d) for a definition of program
eligibility, shall\--

\(i\) Be punished by imposition of fine, imprisonment, or both;

\(ii\) Be subject to administrative remedies, including suspension and
debarment; and

\(iii\) Be ineligible for participation in programs conducted under the
authority of the Act.

**K.6 [PREVIOUS CONTRACTS AND COMPLIANCE REPORTS]{.underline} (FAR
52.222-22)(FEB 1999)**

The offeror represents that\--

\(a\) It \_\_ has, \_\_ has not participated in a previous contract or
subcontract subject the Equal Opportunity clause of this solicitation;

\(b\) It \_\_ has,\_\_ has not filed all required compliance reports;
and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

**K.7 [AFFIRMATIVE ACTION COMPLIANCE]{.underline} (FAR 52.222-25)(APR
1984)**

The offeror represents that\--

\(a\) It \_\_has developed and has on file, \_\_has not developed and
does not have on file, at each establishment, affirmative action
programs required by the rules and regulations of the Secretary of Labor
(41 CFR 60-1 and 60-2); or

\(b\) It \_\_has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

**K.8 [MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT
REGISTRATION]{.underline}**

In compliance with the Migrant and Seasonal and Agricultural Worker
Protection Act (MSPA) (29 USC 1801-1872; 5 CFR 500), the offeror
certifies that he/she:

\_\_\_

\|\_\_\_\| Has been issued MSPA Registration Number

\|\_\_\_\| Has applied for a MSPA Registration Number.

\|\_\_\_\| Has not applied for a number.

\|\_\_\_\| Is not required to register because the offeror does not
employ other than immediate family members. (Parents, children, brothers
and sisters.

Any employer who hires or anticipates hiring employees subject to MSPA
and who anticipates bidding on a federal contract nor or in the future
must submit an application to obtain a registration number.

Applications for a registration number should be made on Form WH-510
which is available at your State Employment Service Offices. Questions
concerning the application should be directed to the State Employment
Office or the Department of Labor office, shown below.

California

U.S. Department of Labor (ESA)

Wage and Hour Division

71 Stevenson Street, Room 905

San Francisco, California 94105 (415) 975-4520

Completed forms should be mailed to the appropriate U.S. Department of
Labor Office above.

A valid U.S. Department of Labor Registration Number must be supplied to
the Contracting Officer prior to issuance of a \"Notice to Proceed\"
with the work. Failure to provide such number within 10 days of award is
grounds for termination of your contract.

#### K.9 [EXPEREINCE & PAST PERFORMANCE QUESTIONNAIRE]{.underline}

The Offeror shall complete and submit the attached experience and past
performance questionnaire.

Experience & Past Performance Questionnaire

**1. Firm Name/ Business Address:**

**2. Year Present Firm Established:**

**3. Name of Parent Company, if any:**

**4. Principal Contact at Firm: Name/ Title/ Telephone**

5.  **Work Experience, during the past 3 years, which best illustrates
    current qualifications relevant to this project. For each project
    provide the following information;**

    a.  **Client's name, address, & telephone number;**

    b.  **Description & location of work;**

    c.  **Dates of contract performance period;**

    d.  **Contract dollar amount; and**

    e.  **Client, Project Manager, or Contracting Officer who can verify
        your experience and provide a reference on the quality of your
        work. Provide name and telephone number.**

**6. All work currently under contract, or being performed, for Federal
agencies, as a prime or subcontractor:**

+------------------+------------------------------+---------+---------+
| > **Project Name | > **Agency Name & Address**  | > **    | **Es    |
| > & Location**   | >                            | Percent | timated |
|                  | > **and**                    | > Com   | Cost    |
|                  | >                            | plete** | (In     |
|                  | > **Project Manager\'s Name  |         | Thous   |
|                  | > & Telephone Number**       |         | ands)** |
+------------------+------------------------------+---------+---------+
|                  |                              |         |         |
+------------------+------------------------------+---------+---------+

7\. Use this space to provide any additional information supporting your
firm\'s qualifications for the proposed project, including resources
(e.g. equipment and personnel) available to accomplish the proposed
tasks under this contract.

**8. The foregoing is a statement of fact.**

Signature Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Typed Name & Title

**SECTION L**

### INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

#  

**L.1 [DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER]{.underline} (FAR
52.204-6)(JUNE 1999)**

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" followed by the
DUNS number that identifies the offeror\'s name and address exactly as
stated in the offer. The DUNS number is a nine-digit number assigned by
Dun and Bradstreet Information Services.

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one. A DUNS number will be provided
immediately by telephone at no charge to the offeror. For information on
obtaining a DUNS number, the offeror, if located within the United
States, should call Dun and Bradstreet at 1-800-333-0505. The offeror
should be prepared to provide the following information:

\(1\) Company name.

\(2\) Company address.

\(3\) Company telephone number.

\(4\) Line of business.

\(5\) Chief executive officer/key manager.

\(6\) Date the company was started.

\(7\) Number of people employed by the company.

\(8\) Company affiliation.

\(c\) Offerors located outside the United States may obtain the location
and phone number of the local Dun and Bradstreet Information Services
office from the Internet home page at
http://www.customerservice@dnb.com. If an offeror is unable to locate a
local service center, it may send an e-mail to Dun and Bradstreet at
globalinfo@mail.dnb.com.

**L.2 [SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE]{.underline} (FAR
52.214-34)(APR 1991)**

Offers submitted in response to this solicitation shall be in the
English language. Offers received in other than English shall be
rejected.

**L.3** **[SUBMISSION OF OFFERS IN U.S. CURRENCY]{.underline} (FAR
52.214-35)(APR 1991)**

Offers submitted in response to this solicitation shall be in terms of
U.S. dollars. Offers received in other than U.S. dollars shall be
rejected.

**L.4 [INSTRUCTIONS TO OFFERORS\--COMPETITIVE ACQUISITION]{.underline}
(FAR 52.215-1)(FEB 2000)**

\(a\) Definitions. As used in this provision\--

\"Discussions\" are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer\'s discretion,
result in the offeror being allowed to revise its proposal.

\"In writing\" or \"written\" means any worded or numbered expression
which can be read, reproduced, and later communicated, and includes
electronically transmitted and stored information.

\"Proposal modification\" is a change made to a proposal before the
solicitation\'s closing date and time, or made in response to an
amendment, or made to correct a mistake at any time before award.

\"Proposal revision\" is a change to a proposal made after the
solicitation closing date, at the request of or as allowed by a
Contracting Officer as the result of negotiations.

\"Time,\" if stated as a number of days, is calculated using calendar
days, unless otherwise specified, and will include Saturdays, Sundays,
and legal holidays. However, if the last day falls on a Saturday,
Sunday, or legal holiday, then the period shall include the next working
day.

\(b\) Amendments to solicitations. If this solicitation is amended, all
terms and conditions that are not amended remain unchanged. Offerors
shall acknowledge receipt of any amendment to this solicitation by the
date and time specified in the amendment(s).

\(c\) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are
permitted in the solicitation, proposals and modifications to proposals
shall be submitted in paper media in sealed envelopes or packages (i)
addressed to the office specified in the solicitation, and (ii) showing
the time and date

specified for receipt, the solicitation number, and the name and address
of the offeror. Offerors using commercial carriers should ensure that
the proposal is marked on the outermost wrapper with the information in
paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

\(2\) The first page of the proposal must show\--

\(i\) The solicitation number;

\(ii\) The name, address, and telephone and facsimile numbers of the
offeror (and electronic address if available);

\(iii\) A statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation and agreement to
furnish any or all items upon which prices are offered at the price set
opposite each item;

\(iv\) Names, titles, and telephone and facsimile numbers (and
electronic addresses if available) of persons authorized to negotiate on
the offeror\'s behalf with the Government in connection with this
solicitation; and

\(v\) Name, title, and signature of person authorized to sign the
proposal. Proposals signed by an agent shall be accompanied by evidence
of that agent\'s authority, unless that evidence has been previously
furnished to the issuing office.

\(3\) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any
modifications, or revisions, so as to reach the Government office
designated in the solicitation by the time specified in the
solicitation. If no time is specified in the solicitation, the time for
receipt is 4:30 p.m., local time, for the designated Government office
on the date the proposal or revision is due.

(ii)(A) Any proposal, modification, or revision, or received at the
Government office designated in the solicitation after the exact time
specified for receipt of offers is \"late\" and will not be considered
unless it is received before award is made, the Contracting Officer
determines that accepting the late offer would not unduly delay the
acquisition; and

\(1\) If it was transmitted through an electronic commerce method
authorized by the solicitation, it was received at the initial point of
entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of proposals; or

\(2\) There is acceptable evidence to establish that it was received at
the Government installation designated for receipt of offers and was
under the Government\'s control prior to the time set for receipt of
offers; or

\(3\) It is the only proposal received.

\(B\) However, a late modification of an otherwise successful proposal
that makes its terms more favorable to the Government will be considered
at any time it is received and may be accepted.

\(iii\) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that
installation on the proposal wrapper, other documentary evidence of
receipt maintained by the installation, or oral testimony or statements
of Government personnel.

\(iv\) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the office
designated for receipt of proposals by the exact time specified in the
solicitation, and urgent Government requirements preclude amendment of
the solicitation, the time specified for receipt of proposals will be
deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes
resume.

\(v\) Proposals may be withdrawn by written notice received at any time
before award. Oral proposals in response to oral solicitations may be
withdrawn orally. If the solicitation authorizes facsimile proposals,
proposals may be withdrawn via facsimile received at any time before
award, subject to the conditions specified in the provision at 52.215-5,
Facsimile Proposals. Proposals may be withdrawn in person by an offeror
or an authorized representative, if the identity of the person
requesting withdrawal is established and the person signs receipt for
the proposals before award.

\(4\) Unless otherwise specified in the solicitation, the offeror may
propose to provide any item or combination of items.

\(5\) Offerors shall submit proposals in response to this solicitation
in English, unless otherwise permitted by the solicitation, and in U.S.
dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign
Currency Offers, is included in the solicitation.

\(6\) Offerors may submit modifications to their proposals at any time
before the solicitation closing date and time, and may submit
modifications in response to an amendment, or to correct a mistake at
any time before award.

\(7\) Offerors may submit revised proposals only if requested or allowed
by the Contracting Officer.

\(8\) Proposals may be withdrawn at any time before award. Withdrawals
are effective upon receipt of notice by the Contracting Officer.

\(d\) Offer expiration date. Proposals in response to this solicitation
will be valid for the number of days specified on the solicitation cover
sheet (unless a different period is proposed by the offeror).

\(e\) Restriction on disclosure and use of data. Offerors that include
in their proposals data that they do not want disclosed to the public
for any purpose, or used by the Government except for evaluation
purposes, shall\--

\(1\) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the
Government and shall not be duplicated, used, or disclosed\--in whole or
in part\--for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of\--or in
connection with\--the submission of this data, the Government shall have
the right to duplicate, use, or disclose the data to the extent provided
in the resulting contract. This restriction does not limit the
Government\'s right to use

information contained in this data if it is obtained from another source
without restriction. The data subject to this restriction are contained
in sheets \[insert numbers or other identification of sheets\]; and

\(2\) Mark each sheet of data it wishes to restrict with the following
legend:

Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this proposal.

\(f\) Contract award. (1) The Government intends to award a contract or
contracts resulting from this solicitation to the responsible offeror(s)
whose proposal(s) represents the best value after evaluation in
accordance with the factors and subfactors in the solicitation.

\(2\) The Government may reject any or all proposals if such action is
in the Government\'s interest.

\(3\) The Government may waive informalities and minor irregularities in
proposals received.

\(4\) The Government intends to evaluate proposals and award a contract
without discussions with offerors (except clarifications as described in
FAR 15.306(a)). Therefore, the offeror\'s initial proposal should
contain the offeror\'s best terms from a cost or price and technical
standpoint. The Government reserves the right to conduct discussions if
the Contracting Officer later determines them to be necessary. If the
Contracting Officer determines that the number of proposals that would
otherwise be in the competitive range exceeds the number at which an
efficient competition can be conducted, the Contracting Officer may
limit the number of proposals in the competitive range to the greatest
number that will permit an efficient competition among the most highly
rated proposals.

\(5\) The Government reserves the right to make an award on any item for
a quantity less than the quantity offered, at the unit cost or prices
offered, unless the offeror specifies otherwise in the proposal.

\(6\) The Government reserves the right to make multiple awards if,
after considering the additional administrative costs, it is in the
Government\'s best interest to do so.

\(7\) Exchanges with offerors after receipt of a proposal do not
constitute a rejection or counteroffer by the Government.

\(8\) The Government may determine that a proposal is unacceptable if
the prices proposed are materially unbalanced between line items or
subline items. Unbalanced pricing exists when, despite an acceptable
total evaluated price, the price of one or more contract line items is
significantly overstated or understated as indicated by the application
of cost or price analysis techniques. A proposal may be rejected if the
Contracting Officer determines that the lack of balance poses an
unacceptable risk to the Government.

\(9\) If a cost realism analysis is performed, cost realism may be
considered by the source selection authority in evaluating performance
or schedule risk.

\(10\) A written award or acceptance of proposal mailed or otherwise
furnished to the successful offeror within the time specified in the
proposal shall result in a binding contract without further action by
either party.

\(11\) The Government may disclose the following information in
postaward debriefings to other offerors:

\(i\) The overall evaluated cost or price and technical rating of the
successful offeror;

\(ii\) The overall ranking of all offerors, when any ranking was
developed by the agency during source selection;

\(iii\) A summary of the rationale for award; and

\(iv\) For acquisitions of commercial items, the make and model of the
item to be delivered by the successful offeror.

**L.5 [FACSIMILE PROPOSALS]{.underline} (FAR 52.215-5)(OCT 1997)**

\(a\) Definition. \"Facsimile proposal,\" as used in this provision,
means a proposal, revision or modification of a proposal, or withdrawal
of a proposal that is transmitted to and received by the Government via
facsimile machine.

\(b\) Offerors may submit facsimile proposals as responses to this
solicitation. Facsimile proposals are subject to the same rules as paper
proposals.

\(c\) The telephone number of receiving facsimile equipment is:
**530-252-6408**

\(d\) If any portion of a facsimile proposal received by the Contracting
Officer is unreadable to the degree that conformance to the essential
requirements of the solicitation cannot be ascertained from the
document\--

\(1\) The Contracting Officer immediately shall notify the offeror and
permit the offeror to resubmit the proposal;

\(2\) The method and time for resubmission shall be prescribed by the
Contracting Officer after consultation with the offeror; and

\(3\) The resubmission shall be considered as if it were received at the
date and time of the original unreadable submission for the purpose of
determining timeliness, provided the offeror complies with the time and
format requirements for resubmission prescribed by the Contracting
Officer.

\(e\) The Government reserves the right to make award solely on the
facsimile proposal. However, if requested to do so by the Contracting
Officer, the apparently successful offeror promptly shall submit the
complete original signed proposal.

**L.6 [INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER
INFORMATION]{.underline}**

Each offeror must; (1) submit an offer; (2) submit written information
that pertains to its capability; and (3) submit a reasonable price
proposal demonstrating its understanding of the Government\'s
requirements. When evaluating an offeror\'s capability to perform the
prospective contract, the Government will consider how well the offeror
complied with these instructions. The Government will consider an
offeror\'s noncompliance with these instructions to be indicative of the
type of conduct that it may expect from the offeror during contract
performance.

**(a) Offers (Proposals)**. Offers must include the following:

**1. Standard Form 33**, \"Solicitation, Offer, and Award\", with blocks
12 through 18 completed by the offeror.

**2. RFP Section B.** \"Supplies or Services and Prices/Costs\", with
the offeror\'s proposed contract line item prices inserted in the
appropriate spaces.

**3. RFP Section K**, \"Representations, Certifications, and Other
Statements of Offerors\", completed by the offeror.

The completion and submission to the Government of the above items will
constitute an offer (proposal) and will indicate the offeror\'s
unconditional assent to the terms and conditions in this RFP and any
attachments hereto. [Unless this RFP expressly authorizes alternate
proposals with respect to specific terms or conditions of this RFP, any
objection to any of the terms and conditions of this RFP will constitute
a deficiency, which will make the offer unacceptable.]{.underline} An
offeror may correct a deficiency only through discussions. [The
Government intends to award a contract without discussions.]{.underline}
Therefore, offerors are warned to consult with the contracting officer
before submitting an offer that takes exception to any term or condition
of this RFP. However, the Government reserves the right to conduct
discussions and to permit offerors to revise their proposals.

**(b) Other Information.**

**1. Price Information.** Insert your proposed prices (unit prices and
total amounts) in the blank spaces adjacent to the contract line items
in RFP Section B.

**2. Written Capability Information. Each offeror must prepare an
Experience & Past Performance Questionnaire in the format which is
attached to this RFP.** It is especially important that offerors
disclose instances in which their past performance may be considered by
previous customers or their representatives to have been less than fully
satisfactory, and that they tell their side of the story and/or describe
corrective actions they have taken.

**L.7 [CLARIFICATIONS AND AWARD WITHOUT DISCUSSIONS]{.underline}**

Clarifications are limited exchanges, between the Government and
offerors, that may occur when award without discussions is contemplated.
Offerors may be given the opportunity to clarify certain aspects of
their proposal (e.g., the relevance of an offeror\'s past performance
information and adverse past performance information to which the
offeror has not previously had an opportunity to respond) or to resolve
minor or clerical mistakes.

**Clarifications are not used to cure proposal deficiencies or material
omissions, materially alter the technical or cost elements of the
proposal, and/or otherwise revise the proposal.**

**L.8 [AMENDMENTS TO PROPOSALS]{.underline}** **(AGAR 452.215-72) (FEB
1988)**

Any changes to a proposal made by the offeror after its initial
submittal shall be accomplished by replacement pages. Changes from the
original page shall be indicated on the outside margin by vertical lines
adjacent to the change. The offeror shall include the date of the
amendment on the lower right corner of the changed pages.

**L.9 [TYPE OF CONTRACT]{.underline} (FAR 52.216-1)(APR 1984)**

The Government contemplates award of a Fixed-Price contract resulting
from this solicitation.

**L.10 [SERVICE OF PROTEST]{.underline} (FAR 52.233-2)(AUG 1996)**

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from

MILEY SUTHERLAND

SIERRA CASCADE PROVINCE

> LASSEN NATIONAL FOREST
>
> 2550 RIVERSIDE DRIVE

SUSANVILLE, CA 96130

(b) The copy of any protest shall be received in the office designated
    above within one day of filing a protest

with the GAO.

**L.11 [SITE VISIT]{.underline} (FAR 52.237-1)(APR 1984)**

Offerors or quoters are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding all
general and local conditions that may affect the cost of contract
performance, to the extent that the information is reasonably
obtainable. In no event shall failure to inspect the site constitute
grounds for a claim after contract award.

\(b\) An organized site visit has been scheduled for\--

**[Wednesday, August 16, 2000, at 0900 hours.]{.underline}**

\(c\) Participants will meet at\--

**[Almanor Ranger Station, 900 Hwy. 36, Chester, CA]{.underline}**

**[SECTION M - EVALUATION FACTORS FOR AWARD]{.underline}**

**M.1 [GENERAL]{.underline}.** The Government will award the contract to
the offeror whose offer represents the best value to the Government on
the basis of; (1) the merits of the offer; and (2) the offeror\'s
capability, as explained below.

**M.2 [MERITS OF THE OFFER]{.underline}**. The Government will determine
the merits of each offer on the basis of; (1) its acceptability; and (2)
its price reasonableness.

a\. **Acceptability**. The Government will determine the acceptability
of each offer on a pass/fail basis. An offer is acceptable when it
manifests the offeror\'s assent, without exception, to the terms and
conditions of this solicitation, and attachments. [If an offeror takes
exception to any of the terms and conditions of the solicitation, then
the Government will consider its offer to be unacceptable.]{.underline}
The Government reserves the right to change the terms and conditions of
the solicitation by amendment at any time prior to the source selection
decision.

b\. **Price**. The Government will evaluate the reasonableness of the
price of each acceptable offer in relation to the offeror\'s relative
capability. (See **Source Selection Decision** below.)

c\. **Biomass Removal Factor.** For the purposes of evaluation and
determination of the low acceptable bidder, the amount of \$125 per acre
will be calculated as an addition to the alternative other than Biomass
removal. This is to compensate government for additional treatment of
material piled vs removal. This amount is only a calculation to
determine the lowest cost to the Government and does not infer in any
way that this amount will be paid to the successful bidder.

**M.3 [CAPABILITY OF THE OFFEROR]{.underline}.** The Government will
assess the capability of each offeror on the basis of; (1) its
organizational experience; (2) its organizational past performance; (3)
its understanding of the Government\'s requirements, as reflected in the
reasonableness of the offered price; (4) the economic area from which
most of the offeror's workforce is drawn; and (5) its demonstrated
ability to comply with instructions. The Government will not assess
capability on a pass/fail basis, but will use its assessments of
capability as a basis for comparing offerors to determine best value.

a\. **Organizational Experience (What have you done.)** Experience is
the opportunity to learn by doing. The Government will evaluate each
offeror\'s organizational experience on the basis of its breadth, its
depth, and its relevance to the work that will be required under the
prospective contract. The Government will not evaluate an offeror\'s
experience on the basis of the personal experience of the offeror\'s key
personnel. However, the Government will consider the extent to which the
offeror\'s key personnel have worked together in the past. The
Government will evaluate the organizational experience of the offeror\'s
proposed key subcontractors.

b\. **Organizational Past Performance (How well did you do it.)** Past
performance is a measure of the degree to which an offeror satisfied its
customers in the past and complied with Federal, state, and local laws
and regulations. The Government will contact some of each offeror\'s
customers to ask whether or not they believe; (1) that the offeror was
capable, efficient, and effective; (2) that the offeror\'s performance
conformed to the terms and conditions of the contract; (3) that the
offeror was reasonable and cooperative during contract performance; and
(4) that the offeror was committed to customer satisfaction. In
evaluating past performance the Government will contact some of the
references provided by the offeror and other sources of information,
including, but not limited to; Federal, state, and local government
agencies, better business bureaus, published media, and electronic
databases. The Government will not evaluate an offeror\'s organizational
past performance on the basis of the personal past performance of the
offeror\'s key personnel. The Government may evaluate the organizational
past performance of the offeror\'s proposed key subcontractors.

c\. **Understanding of the Government\'s Requirements.** The Government
will evaluate each offeror\'s relative understanding of the
Government\'s requirements on the basis of its price proposal.

d\. **Economic area from which most of the offeror's workforce is
drawn.** Preference will be given to offerors whose workforce is
predominantly from the business zone around the Lassen, Plumas, and
Tahoe National Forests.

e\. **Compliance with Instructions.** In evaluating an offeror\'s
capability, the Government will consider how well the offeror complied
with the instructions in this solicitation. The Government will consider
any noncompliance to be indicative of what can be expected from the
offeror during contract performance.

**M.4 [RELATIVE IMPORTANCE OF THE EVALUATION FACTORS]{.underline}.**
Non-price evaluation factors, when combined, are as important as price.
An offer must be acceptable in order for the offeror to be eligible for
award. The Government will not award a contract on the basis of an
unacceptable offer. Thus, acceptability of the offer is the most
important evaluation factor. The Government considers an offeror\'s
capability to be as important as price. However, the Government will not
select an offeror for award on the basis of a superior capability
without consideration of the amount of its price. The relative influence
that capability and price will have on the award decision will depend on
the marginal differences among the competing offerors.

**M.5 [SOURCE SELECTION DECISION]{.underline}.** In order to select the
winning offeror, the Government will rank the offerors from best to
worst by making a series of paired comparisons among them, trading off
the marginal differences in capability and price between the members of
each pair. If one offeror has both the better capability and the lower
price, then that offeror will be the better value. If one offeror has
the better capability and the higher price, then the source selection
decision will be based on whether the marginal difference in capability
is worth the marginal difference in price. If the contracting officer
considers the better capability to be worth the higher price, then the
more capable, higher-priced offeror will be the better value. If not,
then the less capable, lower-priced offeror will be the better value.
The contracting officer will continue to make paired comparisons until
the contracting officer has decided which offeror represents the best
value.

The contract, resulting from this solicitation, will be awarded to the
offeror which represents the best value to the Forest Service.