1.DRAFT_Hut DxP NPL STWD IRSC_ IRSC RFP Construction SF-33 Contract.pdf

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

Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c)

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

UNDER DPAS (15 CFR 350) 1 105

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

12363N25R4004 [ ] SEALED BID (IFB)

[ ] NEGOTIATED (RFP)

7. ISSUED BY CODE 363N 8. ADDRESS OFFER TO (If other than Item 7) USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in n/a until 4:00 p.m. PT local time (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

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

C DESCRIPTION/SPECS./WORK/STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIVES, CERTIFICATIONS AND

F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

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

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

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

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

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

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

15A. NAME AND

ADDRESS

OF

OFFEROR

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

OFFER (Type or Print)

SAM UEI::

Email:

15B. TELEPHONE NO. 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. IS DIFFERENT FROM ABOVE - ENTER

- SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ) 41U.S.C. 142(c) ( ) (4 copies unless otherwise specified) G.9

24. ADMINISTERED BY (If other than Item 7) CODE 363N 25. PAYMENT WILL BE MADE BY CODE 363N

As specified in Section G.3

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

Ingrid Anderson (Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

DRAFT

Hut DxP NPL STWD IRSC Deschutes National Forest Page 2 of 105 Bend/Fort Rock Ranger District

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

B.3 SCHEDULE NOTES

B.4 LAND MANAGEMENT ACTIVITIES

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATION

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

C.4 TECHNICAL SPECIFICATIONS

C.5 CONTRACT AREA MAP

C.6 GOVERNMENT FURNISHED PROPERTY

C.7 OPERATING PLAN AND SCHEDULE:

C.8 SUSTANABLE AQUISITIONS

C.9 DEFINITIONS

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

E.2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

E.3 ACCEPTANCE OF SERVICES

E.4 ACCEPTANCE OF CONSTRUCTION

E.5 GOVERNMENT QUALITY ASSURANCE SUREILLANCE PLAN

SECTION F--DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPROATED BY REFERENCE (FEB 1998)

F.2 FAR 52.211.10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F.3 PERIOD OF PERFORMANCE (FEB 1988)

F.4 CONTRACT OPERATIONS SCHEDULE

F.5 SCHEDULES AND REPORTS

F.6 52.211-18 VARIATION IN ESTIMATED QUANTIITY (Apr 1984)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 MEASUREMENT

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G.3 PAYMENT

G.4 FINAL PAYMENT - RELEASE OF CLAIMS

G.5 INCIDENTAL PAYMENT ITEMS

G.6 TIMBER PAYMENT GUARANTEE

G.7 REIMBURSEMENT OF BOND PREMIUMS

G.8 STEWARDSHIP CREDITS

G.9 ESTABLISHMENT OF STEWARDSHIP CREDITS

G.10 EXCESS STEWARDSHIP CREDITS

G.11 EXCESS TIMBER VALUE

G.12 REFUND OF EXCESS CASH

G.13 TIMBER PRODUCT VOLUME ESTIMATION

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 POST AWARD CONFERENCE

H.2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

H.3 USE OF PREMISES

H.4 KEY PERSONNEL

H.5 EMPLOYMENT OF ELIGIBLE WORKERS

H.6 Insurance Coverage

H.7 SAFETY

H.8 REQUIREMENTS OF RIGHTS-OF-WAY

H.9 ROAD MAINTENANCE

H.10 TRAFFIC CONTROL PLAN

H.11 USE BY OTHERS

H.12 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

H.13 LOCAL MATERIAL SOURCES

H.14 SAMPLES, TESTS, CITED SPECIFICATIONS

H.15 PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES, AND CAVE RESOURCES35

H.16 SITE SPECIFIC PROTECTIONS

H.17 STREAMCOURSE PROTECTION

H.18 EROSION PREVENTION AND CONTROL

H.19 PROTECTION OF LAND SURVEY MONUMENTS

H.20 PROTECTION OF IMPROVEMENTS

H.21 PROTECTION OF PROPERTY

H.22 PROTECTION OF RESIDUAL TREES

H.23 SANITATION AND SERVICING

H.24 PREVENTION OF OIL SPILLS AND HAZARDOUS SUBSTANCES

H.25 EQUIPMENT CLEANING/NOXIOUS WEED CONTROL

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H.26 MEADOW PROTECTION

H.27 WETLANDS PROTECTION

H.28 AGAR 452.236-70 Emergency Response, Fire Suppression, and Liability

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES-FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) I.2 FAR 52.203-14 Display of Hotline Poster(s) (NOV 2021) I.3 FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) I.4 FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989) I.5 FAR 52.219-9 Small Business Subcontracting Plan (SEP 2023) I.6 FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) 63 I.7 52.237-1 Site Visit (APR 1984) I.8 FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020) I.9 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) I.10 FAR 52.246-20 Warranty of Services (MAY 2001) (Applicable only to service items) I.11 FAR 52.225-9 Buy American Act-Construction Materials (OCT 2022) I.12 FAR 52.225-11 Buy American Act-Construction Materials under Trade Agreements (NOV 2023) I.13 FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY 2023) I.14 FAR 52.228-13 Alternative Payment Protections (JUL 2000) I.15 FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION MAY 2023) I.16 FAR 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021) (DEVIATION MAY 2023) ... 76 I.17 FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

K.2 FAR 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) K.3 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

K.5 FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) K.6 FAR 52.209-13 Violation of Arms Control Treaties or Agreements – Certification (NOV 2021) K.7 EMPLOYMENT OF ELIGIBLE WORKERS- WORKFORCE CERTIFICATION (Certification to be submitted with response.)

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K.8 STATE AND FEDERAL LICENSING REQUIREMENTS (Certification to be submitted with response.)

K.9 GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES (Certification to be submitted with response.)

K.10 TAXPAYER IDENTIFICATION (Certification to be submitted with response.)

K.11 SYSTEM FOR AWARD MANAGEMENT (SAM) (Certification to be submitted with response.)

K.12 SAM UNIQUE ENTITY IDENTIFIER (UEI) NUMBER (12 Characters) (Certification to be submitted with response.)

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 PROVISIONS

L.2 FAR 52.215-1 Instructions to Offerors--Competitive Acquisition (NOV 2021) Alternate II (OCT 1997) L.3 Instructions for the Preparation of Technical And Business Proposals L.4 FAR 52.216-1 Type of Contract (APR 1984) L.5 FAR 52.228-1 Bid Guarantee (SEP 1996) (DEVIATION MAY 2023) L.6 FAR 52.233-2 Service of Protest (SEP 2006)

L.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.8 INQUIRIES

L.9 AMENDMENT TO PROPOSALS

L.10 PRE-BID/PRE-PROPOSAL CONFERENCE

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 EVALUATION, NEGOTIATION AND AWARD PROCESS

M.3 EVALUATION CRITERIA

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item No.

Description of Mandatory work activities Unit Estimated

Quantity Unit Price Total Price

1 Cut and Removal of Included Material Acres 3,698 NA NA

2 Road Reconstruction Items 2A – 2L (15101 -63501)

2A 15101: Mobilization Lump Sum All NA $

2B 15802: Water for Dust Control Lump Sum All NA $

2C 20101A: Clearing and Grubbing Miles 5.37 $ $

2D 2101B: Clearing ONLY Miles 0.49 $ $

2E 20305A: Disposing of Material, (g) Chipping

Miles 5.86 $ $

2F 20305B: Disposing of Material, (k) Piling Miles 5.86 $ $

2G 30103A: Untreated Aggregate Course.

Max size 2.5 in., Depth 6 in., Compaction A

Cubic Yard 4,871

2H 30103B: Untreated Aggregate Course.

Max size 2.5 in., Pipeline Crossing, Compaction A

Each 1

2I 30301A: Road Reconditioning, Compaction Method 3

Miles 5.37 $ $

2J 30301B: Road Reconditioning, ATP, Compaction Method 3

Miles 0.49 $ $

2K 30301C: Road Reconditioning, Lead Out Ditch Ea 45 $ $

2L 63501: Temporary Traffic Control Lump Sum All NA $

3 Treatment of Stands – Block 1 Acres 2,046 $ $

Total All Mandatory Service Items $

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Item No. Description of Optional work activities Unit Estimated

Quantity Unit Price Total Price

4 Cut, Skid & Deck – Subdivision 143 Acres 95 $ $

5 Subsoiling – Block 1 Acres 67.4 $ $

6 Road Closures – Block 1 Each 7 $ $

7 Road Decommissioning – Block 1 Miles 2.51 $ $

8 Treatment of Stands – Block 2 Acres 734 $ $

9 Cut, Skid & Deck – Subdivisions 102,105 Acres 110 $ $

10 Subsoiling – Block 2 Acres 12.6 $ $

11 Road Decommissioning – Block 2 Miles 0.65 $ $

12 Treatment of Stands – Block 3 Acres 1,327 $ $

13 Subsoiling – Block 3 Acres 54.4 $ $

14 Road Closures – Block 3 Each 6 $ $

15 Road Decommissioning – Block 3 Miles 1.42 $ $

16 Treatment of Stands – Block 4 Acres 420 $ $

17 Subsoiling – Block 4 Acres 13.8 $ $

18 Road Decommissioning – Block 4 Miles 0.97 $ $

19 Treatment of Stands – Block 5 Acres 2,545 $ $

20 Road Closures – Block 5 Each 2 $ $

21 Road Decommissioning – Block 5 Miles 0.33 $ $

22 Treatment of Stands – Block 6 Acres 1,583 $ $

23 Road Closures – Block 6 Each 8 $ $

24 Miscellaneous Subsoil Acres Acres 6.5 $ $

25 Removal of Abandoned Vehicles Each 10 $ $

Total All Optional Service Items $

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES PRODUCT QUANTITY UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT) TOTAL OFFER

All All 86,637 Ton $6.30

Total – All Included Products $

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B.3 SCHEDULE NOTES

These schedules are for pricing/payment purposes. Refer to Section L, Instructions to Offerors for business proposal requirements. Evaluation criteria used by the Forest Service for proposals is in Section M of this solicitation.

Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Timber or other products Removal Price Schedule. Unit prices prevail.

Quantities listed in Timber/Product removal schedules are estimates only. Refer to solicitation G.15, Timber Product Volume Estimation for the methodology used.

The following apply to Road Reconstruction work items only:

A. For Road Reconstruction work requirements, the total estimated price magnitude for all project areas is between $100,000 and $250,000.

B. Payment and performance bonds are required for construction projects greater than $150,000 and shall be provided within 10 business days of award.

C. Service Contract Act minimum wages applies to all work items EXCEPT for Item 2. See Wage Determination in Section J.

D. The road reconstruction work required within Mandatory Items 2(a-l) is subject to the the Construction Wage Rate Requirements (see Wage Decision in Section J) and related regulations, formerly referred to as Davis-Bacon (i.e. certified payroll submission).

E. Payment and Performance Bonds shall be required in an amount equal to 100% of the awarded value of road reconstruction work. See Section I. FAR 52.228-1\Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION MAY 2023). Bonding costs shall be included in the prices quoted for Mobilization. No separate payment for bond premiums shall be made.

F. A Bid Guarantee is required in an amount equal to 20% of the total price offered for the Mandatory Reconstruction Items only. BID BONDS MUST BE PROVIDED WITH THE INITIAL OFFER. See FAR 52.228-1 Bid Guarantee (SEP 1996) (DEVIATION MAY 2023) in Section L.

G. As service requirements, fuels management and road maintenance work are not subject to bonding requirements.

The following apply all work items:

A. Period of Performance: IS FROM DATE OF AWARD through November 30, 2032.

B. Due to the high priority of completing the Hut DxP NPL STWD IRSC project, a benchmark system will be utilized to ensure the swift implementation of mandatory items. Item 1, Cut and Removal of Included Material, shall be completed by November 30, 2030. Items 2A – 2L, Road Reconstruction, shall be completed by November 30, 2026. Items 3 – 7 shall be completed by November 30, 2028. These benchmarks are the minimum requirements to meet, and Contractor is encouraged to complete as many acres as possible in any given year. See Evaluation Criteria for additional information.

C. The Contractor shall provide in writing a 10-business day notice prior to starting work in a Block or any timber subdivisions outside of the requested block.

D. All service items shall be completed in one block before service item operations can begin in a second block, unless otherwise agreed to by the Forest Service.

E. Award of full or partial blocks may occur contingent on funding.

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F. In addition to the price to be paid by contractor for timber products to be removed, contractor shall pay deposits for Road Maintenance in the amount of $0.50/TON; co-op deposit of $.02/TON for the cultivation and harvest of replacement seed of native species for use on future contracts; and $0.41/TON for Brush Disposal.

G. All material produced as a result of small tree treatments including cut trees shall be considered slash. All activity generated slash treatments shall be completed within 180 days from the start date of cutting, unless otherwise agreed to by the Forest Service.

H. If situations arise in which rocky ground prohibits meeting required treatment of brush acerage, reductions in required acerage may be made per agreement with Forest Service.

I. Forest Service gates, as identified on the Contract Area Map, may be unlocked at the beginning of daily operations, remain in the closed position during the day, and shall be locked daily prior to final employee departing the contract area.

***A Draft Small Business Subcontracting Plan is required with any proposal from a large business. Refer to FAR

52.219-9 Small Business Subcontracting Plan for requirements.***

A site visit is scheduled for May 6th, 2025 to view the contract area, discuss end results, and contractual requirements. We will meet at 10:00 a.m. PT at the junction of China Hat Road (Forest Road 18) and Forest Road 1810.

B.4 LAND MANAGEMENT ACTIVITIES.

The Forest Service is executing this procurement under the stewardship contracting authority provided under Section 8205 of Public Law 113-79, the Agricultural Act of 2014 as amended under Section 204 & 207 of the Consolidated Appropriations Act (Omnibus Bill 2018). Stewardship authority grants the Forest Service the authority to aggregate stewardship work activity requirements and solicit those requirements utilizing full and open competition.

Performance of land management activities shall be in accordance with the Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in Stewardship Credits and Appropriated Funds.

All Base Work Activities (Mandatory) shall be performed. Optional activities are listed in order of planned priority. Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government.

Note – This contract area is located adjacent to the Wildland Urban Interface. Contractor should take into account the need for security of equipment. The Forest Service will be responsible for implementing a closure order for the contract area and surrounding Federal Land which will prevent access to the contract area by the public.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

(a) Description of Work- Project objectives are to restore forested areas towards historic conditions, improve resilience to disturbances, reduce the threat of large-scale wildfire to adjacent private landowners, and move towards a minimum road system by accomplishing the following:

1. Cut and remove included saw timber and green convertible biomass (Grn Bio Cv) from the Contract Area

2. Road Reconstruction

3. Treatment of Stands (small tree treatment and/or brush treatment)

4. Cut, Skid and Deck

5. Subsoiling

6. Road Closures

7. Road Decommissioning (user created and forest system roads)

8. Removal of Abandoned Vehicles

(b) Resulting Contract – Any resultant contract will be a construction contract with service requirements and requirements for timber removal.

(c) Under this contract, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

Contractor’s Operations shall be conducted in a workmanlike and orderly manner. The timing of re-quired Forest Service designation of work on the ground and the performance of other Forest Service work shall not be such as to cause unnecessary delay to Contractor.

C.2 PROJECT LOCATION

Approximately 10 miles southeast of Bend, OR. Within T18S R12E, Sections 33-34; T19S R12E, Sections 1-4, 9-16, 21-27; T19S R13E, Sections 6, 7, 8, 18-20, 30-31, Surveyed Willamette Meridian.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

For Road Reconstruction work requirements, the total estimated price magnitude for all project areas is between $100,000 and $250,000.

C.4 TECHNICAL SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Service Items can be found in Appendix A. Specifications for timber removal can be found in Appendix B and associated road plans and specifications in Appendix C for Stewardship related projects. Incidental construction or reconstruction specified road work plans, drawings, exhibits, and specifications can be found in Appendix D.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

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C.5 CONTRACT AREA MAP

The boundaries of restoration activities identified in Appendix A, B, C, and D as well as Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map’s," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Restoration Activities including Subdivisions or Payment Units, and their approximate acreage are stated in Division A. Subdivisions or Payment Units may be revised, and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Boundaries of cutting units;

(c) Areas where leave trees are marked to be left uncut;

(d) Roads listed

(e) Sources of base course, rock riprap and surface rock;

(f) Roads where log hauling is prohibited or restricted;

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

(j) Maximum stump heights when more than one height is listed by areas;

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Boundaries of stewardship work activities.

C.6 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause(s) contained in Section I of the contract.

Description of Property Value Quantity Return/Consumable

NONE

C.7 OPERATING PLAN AND SCHEDULE:

The Contractor will provide, as part of the technical proposal, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F.5. The operating plan should indicate the sequence of activities that will take place to accomplish the tasks described within the solicitation, Appendix A, Appendix B, Appendix C, and Appendix D including proposed start and completion dates.

Depending upon how the contractor proposes accomplishing the activities within the solicitation, the Operating Plan and Schedule may be developed by indicating when and how all work activities within individual units will be completed, when and how individual tasks will be completed, or a combination of when and how units or tasks will be completed. The contractor should be able to display through an operating plan and schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

The operating plan and schedule should contain the following elements:

• A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable wage rate.

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• An identified “Project Manager” whom shall be designated as a Contractor’s Representative and shall be the primary contract with the Forest Service regarding all work activities within the Contract Area.

• All Subcontractors must also provide a list of all employees/personnel working on this contract identifying each by their Occupational Code/Job Title as it applies to this contract under the applicable wage rate.

• A proposed communication plan regarding findings, progress, information exchange, questions, and concerns of both parties. Communication Plans shall provide for the following minimum requirements when ay operations are occurring in the Contract Area:

o A scheduled bi-weekly electronic report from the Project Manager to the COR including (1) The status of all current work activities, personnel, and equipment in the Contract Area (2) Any relevant inspection reports, plot data, GPS data, government inspection and acceptance requests, or other information required under Work Items or as defined in the Contractor’s Quality Control Plan as agreed to and accepted by the Forest Service in writing (3) A projected operations plan for the following two work weeks.

C.8 SUSTANABLE AQUISITIONS

The Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

In compliance with FAR Part 23.4 through performance of this contract, the Contractor shall make maximum use of EPA designated and USDA designated biobased in accordance with FAR clause 52.223-2 Reporting Biobased Products under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025).

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Information about this requirement and a catalog of products are available at the Bio-Preferred Web Site.

The Contractor shall utilize products and material to the maximum extent possible in the performance of this contract from EPA’s list of designated products and the accompanying recommendations for post-consumer content and recovered materials content in the following eight categories: Construction products, Landscaping products, Non-paper Office Products, Paper and Paper Products, Park and Recreation products, Transportation Products, Vehicular Products, and Miscellaneous Products.

Compliance with the USDA Biobased requirements requires Contractors to report the purchase of biobased products during the previous Government fiscal year, between October 1 and September 30 under service and construction contracts through the System for Award Management at https://sam.gov/content/home and provide a copy of the report to the Contracting Officer no later than October 31 of each year during contract performance and at the end of contract performance.

DRAFT

http://www.biopreferred.gov/BioPreferred/ http://www.biopreferred.gov/BioPreferred/ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://sam.gov/content/home

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C.8.1 Sustainable products identified for this solicitation:

The following is a list of categories for bio-preferred products and EPA products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C.8.1.1 Bio Preferred Products:

a Diesel Fuel Additives

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

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

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

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

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

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

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

h Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

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

C.9 DEFINITIONS

Acceptable Quality Level: The allowable leeway or variance from a standard before the government will reject the specific service. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the government. The contractor, however, must re-perform the defective service when possible.

Biobased Products: See Sustainable Acquisitions http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

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Contracting Officer (CO): Individual with authority to bind the government with their signature on the contract.

Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

Period of performance (also Performance period or Contract time): All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

Quality Assurance: Those actions taken by the government to check goods or services to determine that they meet the requirements of the Statement of Work (SOW).

Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

Quality Control: Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the Performance Work Statement. Refer to Inspection and Acceptance 52.246-4 or 52.246-12 and Contractors Quality Control Plan as described in Section E.

Quality Control Plan: Contractors plan for self-monitoring work prior to Government inspection and acceptance. See Section E.

Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

(Acceptable) Service: A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

Standard: An acknowledged measure of comparison.

Stewardship Contracting: An exchange of goods/products for services including construction.

Sustainable Acquisitions (FAR Part 23.4 – Use of recovered materials and biobased products)

Biobased product means a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) ([7 CFR part 4270.2)]).

Sustainable products and services means

[(1)] Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

[(2)] Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

[(3)] Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) ([7 CFR part 4270]) (https://www.biopreferred.gov).

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[(4)] Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

C.9.1 Technical Definitions – See Appendices.

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SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

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SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

FAR 52.246-4 Inspection of Services- Fixed Price (AUG 1996) FAR 52.246-12 Inspection of Construction (AUG 1996)

E.2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.2.1 Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be performed on each sub-item listed in the Schedule.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control.

The QCP shall at minimum provide the following:

1. The QCP shall designate a “Project Manager”. This individual shall be the primary contact with the Forest

Service for all work activities within the scope of the contract. This can be the Contractor or a Designated Contractor’s Representative, however, should be an individual who is familiar with the entirety of the contract and all related activities.

2. A communication plan which provides for bi-weekly written updates to designated Forest Service personnel.

Refer to F.5 for requirements.

E.2.2 Contractor Quality Control Inspection At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. Inspection procedures must provide the following information:

E.3 ACCEPTANCE OF SERVICES

The Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one re-inspection for each unit. If the contractor fails to meet the minimum AQL, the contractor shall rework the unit. Anytime more than two inspections are required per unit, the contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3). Acceptance may be made for all or portions of work.

E.4 ACCEPTANCE OF CONSTRUCTION

Refer to FAR Clause 52.246-12 – ‘Inspection of Construction’ for information on Government acceptance of construction.

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E.5 GOVERNMENT QUALITY ASSURANCE SUREILLANCE PLAN

Quality assurance specific to individual items will be found in Section IV of Appendix A. Quality assurance specifications for Road Reconstruction are found in Appendix D.

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPROATED BY REFERENCE (FEB 1998)

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

FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211.10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 30, 2032. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and/or C and as approved by the Contracting Officer.

(End of clause)

F.3 PERIOD OF PERFORMANCE (FEB 1988)

The effective period of this contract is from date of award through November 30, 2032.

F.4 CONTRACT OPERATIONS SCHEDULE

Timeframe Restriction Description

April 15 – July 15 No operations shall occur in subdivision 108 from April 15 through July 15 unless waived by the FS in writing. Waivers are not guaranteed.

December 1 - March 31

No operations shall occur inside of Winter Restriction area, as displayed on the Supplemental Map, unless waived by the Forest Service in writing. Waivers are not guaranteed.

F.5 SCHEDULES AND REPORTS

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. The Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on a date specified by the Contracting Officer:

ITEM DESCRIPTION SUMBITTAL

DUE

COPIES

REQUIRED

Proposed Operation Plan (Overall Schedule): The Contractor shall prepare and submit one electronic copy of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the estimated starting and completion dates of various phases of the work. The schedule shall comply with the contract time requirements in the contract, including, but not limited to Paragraphs F.2 and F.4.

With Proposal 1 https://www.acquisition.gov/browse/index/far

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Annual Operating Schedule: Contractor shall submit electronically an annual Operating Schedule. Schedule should include anticipated operating season, identify any planned operations such as: road reconstruction and/or maintenance, subdivisions to be logged, any service work to be completed, and any other additional plans. Each activity should include estimated starting and completion dates.

March 31 Annually 1

Subcontractors: List of proposed sub-contractors and their intended work.

Sub-contractors must have Contracting Officer’s written approval prior to starting work on the project.

*Any proposed changes to Sub-Contractors post-award, shall be submitted in writing to Contracting Officer and COR for approval.

With Proposal* 1

Traffic Control Plan. The Contractor shall prepare and submit a Traffic Control Plan detailing conformance with OSHA requirements, MUTCD requirements, and all other contract requirements, including, but not limited to Paragraph H.10, “Traffic Control Plan” and the requirements included in the Appendices, if any.

With Proposal 1

Safety Plan. The Contractor shall comply with the requirements of FAR 52.236- 13 – Accident Prevention, for all activities under this contract. (Paragraph I.2)

With Proposal 1

Quality Control Plan. Submit original with proposal. Any updates need to be provided for approval to the CO. Refer to E.2 and L.2.1.

With Proposal 1

Small Business Subcontracting Plan. Applies to large businesses only- A Draft Small Business Subcontracting Plan is required with any proposal from a large business. Refer to Solicitation Section I.5, 52.216-9 Small Business Subcontracting Plan for requirements.

With Proposal (if

Large Business)

Schedule for Construction Items: The Contractor shall comply with the requirements of FAR 52.236-15 – Schedules for Construction Contracts.

At Prework Meeting 1

Soil Erosion and Water Pollution Control Plan. The Contractor shall prepare and submit an Erosion Control Plan detailing permanent and temporary control measures to minimize erosion and sedimentation during and after contract performance. Plan shall conform to all contract requirements, including but not limited to Paragraph H.18, “Erosion Prevention and Control”, and the requirements in the Appendices, if any.

At Prework Meeting 1

Designation of Contractor Representatives: Designate personnel describing responsibilities and authorities.

At Prework Meeting 1

Communication Plan: The Contractor’s assigned Project Manager shall prepare and submit to the COR an electronic bi-weekly report including (1) The status of all current work activities, personnel, and equipment in the Contract Area (2) Any relevant inspection reports, plot data, GPS data, government inspection and acceptance requests, or other information required under Work Items or as defined in the Contractor’s Quality Control Plan as agreed to and accepted by the Forest Service in writing (3) A projected operations plan for the following work two weeks. Refer to C.7

Bi-weekly When Any

Operations Are Occurring

Fire Plan: Contractor shall submit annually. Refer to H.28.3 March 31 Annually 1

BioBased Report. Submit annually. Refer Section C.8 October 31 Annually 1

Service Contract Inventory Report. Submit annually via sam.gov. Refer to Section I.1 – FAR 52.204-14.

October 31 Annually 1

All schedules and reports shall be submitted to the Contracting Officer, unless the Contracting Officer directs the

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Contractor to submit any schedules or reports directly to the Contracting Officer’s Representative.

F.6 52.211-18 VARIATION IN ESTIMATED QUANTIITY (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 judgement of the Contracting Officer, is justified.

(End of clause)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 MEASUREMENT

Acreages were determined by using ArcGIS and Global Positioning Systems (GPS). The acreage for each work item will be rounded to the nearest acre and is final unless:

a. The contract is modified or,

b. The Government makes a determination to remeasure or,

c. The Contractor exercises his/her option under the Remeasurement provisions in Appendix A, Section V.

G.3 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall be made in either cash or non-monetary stewardship credits and clearly stated in award documents by line item.

Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for road reconstruction work performed, it will be made in accordance with FAR 52.232-5 Payments under Fixed-Price Construction Contracts, 52.232-27 Prompt Payment for Construction Contracts, and 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Section I).

When payment is made to the contractor for service work performed (items 1-25 and road maintenance activities), it will be made in accordance with the specifications set forth under Section V of Appendix A.

When removal operations are underway, the value of work completed, and timber removed will be documented monthly in the Forest Products Financial System which will produce a Statement of Accounts.

G.3.1 Payment Reductions for Service Items in Appendix A and C

G.3.1.1 Payments for tasks meeting stated minimum AQL or above

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The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL and above (As identified in Appendix A, Section IV.)

G.3.1.2 Payments for task with AQL between 1% and 10% below minimum AQL

If informal visual inspection indicates acceptable work quality, the Contractor will be paid 100 percent of their bid rate.

1. In the event that formal inspections are used, the rate of payment to the Contractor will be calculated as follows:

(a) For work quality of 95 percent or higher, 5 percent (adjustment for statistical variation) will be added and the Contractor will be paid 100 percent of their bid rate.

(b) For work quality from 85 to 94 percent, the 5 percent will be added to the work quality percent and the Contractor will be paid the total multiplied by the bid rate.

(c) For work quality 84 percent and less, the 5 percent will not be added and there will be no payment made to the Contractor.

(d) If, after rework, the percentage of satisfactory work is between 85% and 94%, payment will be made by the actual percentage. If the percentage is less than 85%, the work is unacceptable, and no payment will be made.

G.3.2 Re-Inspection Costs for Service Items

If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection will be authorized at no charge to the contractor for work that does not meet the AQL

The table below lists charge rates for Government re-inspection of work.

Activity Charge rate

Government wages (per employee…