12034320R0005 R1 Timber Sales Prep Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 85

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 996585

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

12034320R0005

DATE

08/03/2020

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Chad Santone, Contracting Officer calls) 406-329-3745 LOCAL TIME INFORMATION CALL: 09/02/2020 by 1:00 pm

9. ISSUED BY CODE 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE: 100_% FOR

USDA – Forest Service Region 1, Acquisition Management Contracting Officer: Chad Santone 24 Fort Missoula Road

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

Missoula, MT 89804

EDWOSB NAICS: 115310

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $8.0 M

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ____________________________________________ Tax Identification No.: ___________________________________ CAGE Code (see FAR Provision 52.204-16) __________________ Email Address: _________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via

IPP.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Region 1 & Region 4 Timber Sales Preparation Services

See 52.212-1 Instructions to Offerors for submission instructions. (Page 50)

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1__ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 http://www.ipp.gov/

SERVICES AND PRICES

Schedule of Items

Base Year and four Option Years for Timber Sales Preparation Services R1 Forests: Beaverhead- Deerlodge National Forest (NF), Bitterroot NF, Custer-Gallatin NF, Dakota Prairie Grasslands, Flathead NF, Helena-Lewis & Clark NF, Idaho Panhandle NF, Kootenai NF, Lolo NF, Nez Perce- Clearwater NF; R4 Forests: Ashley NF, Boise NF, Bridger-Teton NF, Caribou-Targhee NF, Dixie NF, Fishlake NF, Humboldt-Toiyabe NF, Manti-La Sal NF, Payette NF, Salmon-Challis NF, Sawtooth NF, Uinta-Wasatch-Cache NF

Contract Line Item Number 0001

Base Period: Date of award of base contract through 12 months thereafter.

FFP, IDIQ MATOC for data collection within the USFS Region 1

Contract Line Item Number 0002

Option 1: Date of award of Option Period 1 through 12 months thereafter.

Contract Line Item Number 0003 Option 2: Date of award of Option Period 2 through 12 months thereafter.

Contract Line Item Number 0004 Option 3: Date of award of Option Period 3 through 12 months thereafter.

Contract Line Item Number 0005 Option 4: Date of award of Option Period 4 through 12 months thereafter.

FFP, IDIQ MATOC for data collection within the USFS Region 1

*Note: Actual dates for period of performance will be entered upon award for all contract line items.

DESCRIPTION OF WORK

Region 1 and Region 4 Timber Sale IDIQ

Scope of Work This contract requires timber sale preparation services and related work in compliance with its terms, specifications, and provisions. The Contractor will be required to furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals (except those identified as Government furnished) necessary to layout boundary, GPS, traverse, paint boundaries, complete profiles, mark trees and cruise timber to complete harvest unit(s) and boundaries for timber sale areas. Work may be required within any national forests in Region 1 or Region 4.

TECHNICAL SPECIFICATIONS

A. BOUNDARY LAYOUT

Unit boundaries will be determined by the unit boundary implementation map location and layout guidelines with boundary adjustments made for logging requirements, riparian habitat conservation areas, and unsuitable forest lands.

Adjustments in unit boundaries are common and reconnaissance for logging feasibility is desirable. Typical adjustments account for 30-40% of unit acres being eliminated for various reasons. All adjustments will be agreed upon prior to acceptance. Boundaries of units are put in with blue flagging. The unit boundary layout map will be updated with unit adjustments and logging breaks. Roads used as part of the boundary will be flagged and will be included for boundary layout payment.

Layout will be implemented using the following criteria:

1. No timber harvest would occur within Riparian Habitat Conservation Areas (RHCAs).

Known locations of RHCAs and associated buffers are shown on unit maps. Unit boundaries will be located in accordance with the following buffers:

a) 300 foot buffer on perennial fish bearing streams

b) 150 foot buffer on non-fish bearing streams and wetlands greater than 1 acre in size

c) 100 foot buffer on seasonally flowing or intermittent streams and wetlands less than 1 acre in size

d) 50 foot no-equipment buffer will be placed around wet areas, seasonally moist areas, seeps, and springs

e) 50 foot no-equipment buffer will be placed from the centerline of the drainage or from the top of the slope break at the edge of all ephemeral draws

2. Locations of botanical, heritage, or other resources to be protected will be buffered out of the unit when specified as “Restricted No Activity Area” on unit specific maps provided by the Forest Service.

3. Logging system limitations:

a. Tractor skidding equipment would be allowed to operate on slopes averaging 35% or less. Slopes 36-45% for distances less than 100 feet can be included in tractor units when approved by the Forest Service.

b. Skyline yarding to 1,500 feet External Yarding Distance. Use of one intermediate support acceptable with validation of adequate support trees.

c. Off-Road Skyline yarding (excaline) to 800 feet External Yarding Distance.

d. Each unit shall have only one logging system. If multiple logging systems are found within a unit, it shall be split into two separate harvest units.

4. The layout person will fill out unit card information (Attachment 4) describing logging system and special requirements (swing yarding, temporary road needs, directional felling, high banking, line pulling, etc.), and general species composition.

B. GPS TRAVERSING

All units shall be traversed with GPS meeting standards in Forest Service Handbook

2409.12. A “walk” file or “always active-only record points” file will be used to record 3-D position fixes for each GPS traverse.

1. GPS setting will follow the referenced Handbook direction. Contractors are required to utilize the TwoTrails software. The software is commercially available, for free, at the following link:

https://www.fs.fed.us/forestmanagement/products/measurement/area-determination/.

2. Position fixes shall be collected while moving around the perimeter. Use a collection interval appropriate to the speed of travel in order to record an accurate path of the unit boundary. Loss of position fixes (signal) is acceptable for a short duration while moving in a straight line. Position fixes shall be received at all turning points.

3. GPS traverses shall directly follow the blue ribbon boundary line or painted/posted boundary. Painted/posted boundaries will take precedence for measurements. The GPS traverse line shall not vary more than 5 feet from the painted/posted boundary.

4. Prepare a sketch map of the unit utilizing Attachment 4. Map will include pertinent features such as: springs, streams, ridges, rock outcrops, openings, roads, trails, planned road P-lines, logging breaks, etc.

5. All units will be corrected fully and completed polygons.

C. BOUNDARY POSTING AND PAINTING

Sale Unit Boundaries are designated by posting unit signs. The ORANGE paint and blue ribbon aid in identifying the boundary location. Sale units are initially identified with blue ribbon. Note: The Contractor shall only use Government Furnished paint for boundary designation.

https://www.fs.fed.us/forestmanagement/products/measurement/area-determination/

1. Unit boundary signs and ORANGE tracer paint shall be used to indicate cutting unit boundaries unless otherwise indicated by Forest Service. Cutting unit boundaries must be posted so there are no questionable or borderline trees. At least two painted boundary trees shall be visible from any single painted boundary tree. Live trees greater than 8.0” DBH shall be used for boundary trees where possible.

2. “Cutting Unit Boundary” signs shall face into the unit. Unit boundary signs shall be posted at unit corners on roads or access points. Cutting unit signs shall be posted so they are attached solid to an object; signs shall not be posted on movable objects.

Cutting unit numbers will be painted intermittently on boundary trees facing into the unit. The Sale Name shall be hand written in permanent ink on all cutting unit boundary signs. Signs shall be located where they are legible from the road.

3. Painted boundary lines shall consist of three vertical stripes painted on trees, or brush if no trees exist, and shall be at least three feet long, two inches wide and between four and seven feet above the ground level. The center stripe shall face directly into the cutting unit while the other two stripes shall be opposite of each other facing the direction of the unit boundary. Painted trees/brush shall be intervisible. The stump mark shall be a concentration of paint in the form of a horizontal stripe extending at least one-fourth the tree circumference or 12 inches in length, whichever is greater, and at least 2 inches wide on the base of the tree at ground level on the downhill side.

Logs or rocks shall not be used for marking unit boundaries. Paint shall be in crevices of the bark, avoiding moss and lichen when possible, to ensure longevity of paint on the tree.

4. Where existing open or travelable roads serve as boundaries, only the corners where the boundary leaves the road are to be marked and unit boundary sign placed facing into the unit. Overgrown roads will be painted.

5. Where cutting unit boundaries intersect P-lines, (flagged locations of new road construction) the boundary signs shall be put 20 feet each side of the P-line on a painted boundary tree with sign facing into the unit. Boundaries intersecting temporary roads shall be put directly on the flagged P-line.

6. Painting shall be done in accordance with manufacturers’ directions and safe practices.

7. Common unit boundaries will be paid for as one boundary at the unit price, unless the Government specifies that the common boundary be marked at different times.

8. When available, the largest diameter tree for boundary posting will be used. Brush or stumps shall be used only if no other trees are available.

D. TREE MARKING

Tree marking shall involve designation of trees to be Leave Tree Marked (LTM).

Contractor shall only use Government Furnished tracer paint for LTM designation. The designation will be identified based on a marking guide included. Any variation to the following specifications will be noted.

1. Leave Tree Mark (LTM): Trees will be marked with ORANGE tracer paint. Leave trees shall be painted with a horizontal band of paint which must be visible on all sides of the tree. The band shall be at least 2 inches wide and between 5 and 7 feet above the ground as measured on the uphill side. The stump mark shall be a concentration of paint in the form of a horizontal stripe extending at least one-fourth the tree circumference or 12 inches in length, whichever is greater, and at least 2 inches wide on the base of the tree at ground level on the downhill side. Stump marks shall be concentrated in cracks or crevices on the stump as much as possible.

2. Individual Tree Mark (ITM): Trees will be marked with BLUE tracer paint Cut trees shall be painted with a horizontal band of paint which must be visible on all sides of the tree. The band shall be at least 2 inches wide and between 5 and 7 feet above the ground as measured on the uphill side. The stump mark shall be a concentration of paint in the form of a horizontal extending at least one-fourth the tree circumference or 12 inches in length, whichever is greater, and at least 2 inches wide on the base of the at ground level on the downhill side. Stump marks shall be concentrated in cracks or crevices on the stump as much as possible.

3. Protection of Stream Courses: Unit boundaries will be laid out in advance of contractor activities in an effort to delete out any streams or wet areas, all of which require protection buffers. However, during marking within the cutting unit the contractor may come across streams, seeps or wet area(s) all of which require stream protection buffers. The contractor will need to leave tree mark all merchantable trees within the stream protection zone of any stream, seep or wet area as defined in the marking guide. This area will be located on a map and the COR will be informed of its location.

4. Trees shall not be marked during periods of heavy wet weather days or snowy weather when paint is unlikely to stick to the trees.

5. Where it is necessary for the Contractor to make changes in trees originally marked, the contractor shall completely obliterate or ‘X’ out, as determined by the COR, any paint marking errors with BLACK tracer paint with no pay adjustment.

6. The contractor shall be required to keep count of the total number of trees marked and number of cans of paint used by harvest unit. This information shall be turned into the COR when the marking has been completed on each unit.

E. Timber Cruising

The intent of the timber cruise is to provide the Forest Service with a cruise report and file to facilitate the timber appraisal process. All timber cruising will be performed by Forest Service certified timber cruisers (FSM2442.03#2). If the cruise design and plan was prepared by Contractor, all cruising performed under this contract shall meet the sampling error requirements set forth in FSH 2409.12, chapter 40 (See Region1 Direction) All data collected shall meet the accuracy requirements in FSH 2409.12, chapter 60.

1) If the Contractor provides the project cruise design and plan, the actual cruise the target sampling errors stated in the cruise plan. If these errors are not met and additional samples can be obtained in an unbiased manner, Contractor must supplement the cruise to correct deficiency. Additional samples cannot be added to tree-based cruise methods, particularly 3P, unless insurance trees have been previously identified. A complete re-cruise may be necessary for strata with tree-based cruise methods that do not meet the specified error standards. A reasonable number of measurements per sample group must be taken.

2) The Contractor will ensure each cruiser has written cruise instructions on how plots or measure trees will be identified on the ground, how measure trees will be selected, measurements to be recorded, plot locations, boundary plot directions, and any other information necessary to conduct a proper cruise.

3) Field data recorders with the applicable Forest Service cruising software must be used during data collection for tree-based cruise methods. Unless otherwise agreed, the Contractor shall provide and process cruise data using the most current versions of Forest Service cruising software. The unit will determine whether the windows mobile or the android version of the Forest Service software will be used. The applicable electronic cruise files (.cruise and .out files) will be provided to the Forest Service on a weekly or otherwise agreed to basis throughout the cruise implementation.

4) All measurements and defect determinations will be done in accordance with FSH 2409.12, Chapters 10 and 20. Document reasons for defect deductions on measure trees. Record all unusual features at plot locations which may influence cruise procedures, hence accuracy (excessive slope, blowdown patch, hazardous conditions, etc.).

5) The names of cruisers must be documented for each unit. Unless otherwise agreed, cruisers shall manually record cruise tree information and notes on a Timber Cruise Data Sheet that is available in the back of the Timber Cruise Reference Guide. It is recommended that Contractor periodically record tallies and/or sum of KPI by sample group to ensure timber cruise data can be re-entered into a field data recorder if the file becomes damaged.

6) All timber cruising performed by contractors will be check cruised by a Forest Service certified check cruiser. All timber cruising must meet standards in 2409.12 Chapter 60.

A. Cruise Implementation:

Cruise the tree that is randomly or systematically selected as a measure tree.

1) Do not manipulate cruise tree selection (add or delete measure trees outside of the planned frequency) if the actual selection of measure trees appears higher or lower than planned.

Notify the COR or designee if the design frequencies appear to be falling short of meeting the target errors or number of measure trees. Any frequency adjustments require a new stratum. All strata must meet the applicable error limits.

2) If a species is discovered that is not in the cruise file, add it into the applicable sample group for minor species in the cruise file(s) and notify the COR or designee.

3) Faulty equipment that is out of adjustment and not reading measurements correctly shall be replaced and measurements taken with this equipment shall be re-measured.

4) Plots must be located on a systematic grid. Do not drop or move a boundary plot if the center falls inside the harvest unit. Plots located along unit boundary will be completed using the Mirage Method as described in Chapter 30 of Timber Cruising Field Guide. Document plots that land outside of unit.

F. SKYLINE PROFILE

1. Logging system profile data will be collected in accordance with profile plan and instructions provided by Forest Service in technical specifications.

G. CONTRACTOR SUPPLIED EQUIPMENT AND TOOLS

Contractors shall furnish equipment, labor, and tools necessary for compliance with field procedures herein. Suggested items include, but are not limited to the following:

1. Paint guns

2. Azimuth compass with declination setting of 14o E

3. Tatum’s and/or traverse books

4. String box or 100’ tape

5. Relaskops or prisms

6. Indelible ink markers or grease pencils

7. Diameter tape

8. Clinometer with percent scale

9. Loggers’ tapes

10. Flagging; solid blue and pink/black stripe

11. GPS equipment and TwoTrails (version 2 or Android) software

12. Staple hammer with staples for boundary signs and profile tags

H. GOVERNMENT SUPPLIED EQUIPMENT AND TOOLS

1. Tracer paint

2. Paint MSDS sheets

3. Work maps, Marking Guidelines, and Skyline Profile Analysis

4. Latitudes and longitudes of profiles

5. Skyline Road Profile Data Sheets

6. Profile tags

7. Aerial photos or color copies

8. GPS data

9. Unit boundary signs

1. ADDITONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

1.1 CONTRACTOR QUALITY CONTROL

Contractor shall maintain a Quality Control system outlining how quality of work will be monitored, supervision of crew and work, and personnel who will be performing the quality control. In addition, the Quality Control Plan must ensure: (1) monitoring of quality is timely, consistent, and accurate, (2) problems are resolved quickly and effectively, (3) safety is maintained, and (4) paint is accountable at all times.

1.2 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Unacceptable performance occurs when the contractor performance fails to meet stated performance standards. The government will not pay for unacceptable performance. The COR will document unacceptable performance by providing a signed Notice of Noncompliance to the contractor and Contracting Officer, keeping the original for his/her records. When unacceptable performance is observed, the COR will meet with the Contractor to ensure the Contractor is aware of the unacceptable service. The contractor may re-perform the work, if deemed possible, or a price deduction will be taken from any payments due the contractor.

The Government’s assessment of the work does not relieve the Contractor of its responsibility to provide a quality control inspection system as stated in FAR 52.246-4 Inspection of Services.

2. LOCATION AND DESCRIPTION

This contract is for performance on any of the National Forests within the boundaries of Region 1 of the U.S.

Forest Service as authorized herein. The National Forests included in this list are as follows:

• Beaverhead-Deerlodge

• Bitterroot

• Custer – Gallatin

• Flathead

• Helena - Lewis and Clark

• Idaho Panhandle

• Kootenai

• Lolo

• Nez Perce – Clearwater

• Dakota Prairie Grasslands

• Payette

• Boise

• Manti La Sal

• Ashley

• Fishlake

• Salmon Challis

• Sawtooth

• Unita –Wasatch-Cache

• Humboldt Toiyae

• Dixie

• Caribou Targhee

• Bridger Teton

Task Orders issued under this contract will include specific information regarding the project area (size, location, and description), maps, access to work areas, work items ordered, sample design(s), exam levels, number of plots, government furnished property, and other information pertinent to each Task Order. The contract technical specifications found in Section 4.2 of this contract may be supplemented or changed in the individual Task Orders issued under this contract as specified in the individual Task Order.

3. DEFINITIONS

Calendar Days: Every day shown on the calendar, Sundays and holidays included.

Contracting Officer's Representative (COR): Is the on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Plot: An area of ground within a fixed or variable radius. A nested plot design may include a combination of fixed and/or variable radii plots and may include transects, planes, and/or points along a transect.

Quality Assurance: The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control: Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor's Quality Control Plan (QCP).

Services: As used in this document, includes services performed, workmanship, and material furnished or utilized in the performance of services.

Setting: The geographic area over which inventory data is collected. A setting may be a plot, cluster of plots, stand or a polygon.

Special Protection Area: A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the plot location, access to stands, or vehicle travel. Refer to the specifications for required practices.

Stand. A contiguous group of trees sufficiently uniform; in age class; distribution; composition; structure; and growing on a site of sufficiently uniform quality; to be a distinguishable polygon.

USDA: United States Department of Agriculture

3. GOVERNMENT FURNISHED PROPERTY

1.Tracer Paint

2. Paint MSDS sheets

3. Working Maps, Marking Guidelines, and Skyline Analysis

4.Latitudes and Longitudes of profiles.

5. Skyline Profile Sheets

6. Profile tags

7. Aerial photos or color copies.

8. GPS Data

9. Unit Boundary signs.

PAINT ACCOUNTABILITY

All tracer paint shall be accounted for by the Contractor. Paint will be issued weekly and signed for by a designated contractor representative. The Contractor shall keep any paint not in use secured by a lock system agreed to by the Forest Service. Full, partial and empty paint cans, shall be returned to the Government at the end of each week. All cans of paint must be accounted for daily by the Contractor. All cans of paint and paint cans must be accounted for on a weekly basis to the Government. During the pre-work meeting it will be mutually agreed upon between the Forest Service and Contractor the locations of issue and pickup points for the paint. Failure to return the correct amount of full, partial or empty paint cans shall result in immediate suspension of work, until paint accountability is resolved. Failure to account for paint shall be considered contract default and cause for termination and may be cause for additional criminal investigation and prosecution. In addition, a monetary charge of $250 per aerosol can and $500 per quart can will be assessed for every can of tracer paint not accounted for.

4. CONTRACTOR WORK REQUIREMENTS AND STANDARDS

4.1 Access

The Contractor shall be responsible for obtaining all necessary permission to gain access to worl locations. If the Contractor cannot obtain permission to access a sample location, the Contractor must notify the Government in writing.

Accessibility may be determined from maps which will be furnished by the U.S. Forest Service. Contractor shall be responsible for adhering to the U.S. Forest Service travel management plans, including yearlong or seasonal closures to motor vehicles, unless authorization is obtained from the appropriate National Forest prior to data collection. Maps and photos may indicate that a road goes to the setting; however, vehicle access may be difficult or restricted.

Most roads are typically accessible between the months of May through October, though high clearance vehicles may be necessary on some roads. A four-wheel drive, high clearance vehicle is recommended. The Government assumes no responsibility to maintain roads in a passable condition. Access to the settings may include short or very long walk-ins. The cost to access work areas is the complete responsibility of the Contractor. Some roads or trails may have been closed after the government provided maps were published.

Maps of the sample locations are available from the Contracting Officer’s Representative (COR) so that estimated walk-in distance can be calculated for a given Task Order.

For roads and trails not designated for public motorized access Forests may, in writing, grant limited use authorizations upon request of the Contractor. Requested use is limited to short term use for the purpose of accessing areas to be surveyed under this contract. All requests for motorized travel of closed roads by the Contractor must be submitted in writing to the COR. Requests shall specifically identify roads needed for access and the periods of time when access is needed. It is the Contractor’s responsibility to adhere to any National Forest specific closures or orders that pertain to access. Access will be discussed in individual Task Orders.

For units or areas of work that require a walk-in distance greater than 1 mile round trip from the nearest road with at least ATV access to the edge of the unit, the Contractor shall provide an hourly rate in the schedule below. The quantity (hours) or time will be calculated and mutually agreed upon based on the nearest ½ hour of time for the walk-in and paid times the rate indicated below.

Pay Item: Crew Walk-In Rate Per Hour $_____________/Hour

Gates in the contract area may be locked. A double lock system may be provided for gates where contractor access has been authorized or the Contractor may be issued a Yale key. The Contractor will be responsible to ensure that gates remain closed and locked at all times. No access to Contractor or employees will be allowed behind locked gates after specified periods of work. Contractor shall adjust work schedule to take closure times into consideration. Any misuse of gates may constitute loss of privileges.

4.1.2. Camping

Any camping on USFS lands must be implemented in a manner that will protect the environmental resources and the public facilities, and shall be performed in a manner consistent with the requirements of the individual Task Order, and this contract including but not limited to the requirements in the Special Contract Requirements Section, FAR 52.252-2 Clauses Incorporated by Reference Section, and the Contract Documents, Exhibits or Attachments Section (Exhibits 1-3). It is also the Contractor’s responsibility to adhere to any National Forest specific closures, orders or camping restrictions that pertain to camping on National Forest System Lands including but not limited to the Closure Order and Camping Restrictions, Exhibit 4 in the Contract Documents, Exhibits or Attachments Section. The contractor must receive written approval prior to camping behind a closed gate. The contractor shall operate the camp in a manner that will protect the environmental resources and the public facilities. The written camping plan shall be provided within ten (10) calendar days prior to the start of work for a given Task Order, specifying exact locations and dates, as well as identifying the locked gates they plan to camp behind.

4.1.3. Resource Protection Conditions

Contractors are expected to respond to sensitive resource conditions, i.e. walk to plots when road conditions are poor/wet. Additional seasonal restrictions could be specified on a Task Order basis.

4.1.4. Work Plan and Production Schedule

The Contractor shall prepare a Work Plan and Production Schedule for each Task Order as described in Section

1.5 Work Plan and Production Schedule and a general plan to be submitted with the technical proposal of this solicitation. The Contractor shall maintain the rate of progress given in their Work Plan and Production Schedule which will assure completion of work within the calendar time specified in the period of performance stated in each individual Task Order.

4.1.5. Quality Control Plan

The Contractor shall prepare a Quality Control Plan as described in Section 1.1 Quality Control Plan. The Quality Control Plan is required to be submitted with the technical proposal of this solicitation. A supplementary plan will also be submitted for each Task Order after the issuance of the Task Order prior to the Prework conference. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

4.1.6. Safety Plan and Safe Working Conditions

A general Safety Plan is required for submittal with the technical proposal of this soliciation, and also a project specific Safety Plan based on the work discussed in Exhibit 5 & 6 Contract Documents, Exhibits or Attachments Section. A job specific Safety Plan is required after contract award prior to the Prework conference for each Task Order unless otherwise specified in the individual Task Order. For more information on the requirements of the Safety Plan, see Safety Plan Section.

Safety will be discussed at the Prework conference. If the Contractor brings a safety hazard to the attention of the COR, the COR/CO and Contractor must find resolution. Examples of options for resolution include, suspension with contract time, moving to another area until the hazard (as in the case of wildfire) has ceased etc.

4.2. Technical Specifications

Qualifications - The success of this field work is dependent primarily on the Contractor's professionalism and expertise. It is required that the Contractor's staff meet certain standards. Minimum technical qualifications are specifically defined as follows:

(1) Each crew should have a crew leader with undergraduate courses in mensuration, tree identification, silviculture, and ecology and 3 months prior experience in timber sale preparation, and timber cruising.

(2) Other crew members should have undergraduate courses in mensuration and tree identification.

Specific technical experience may be substituted for a given educational requirement.

The Contractor shall designate a crew leader for each crew. The crew leader shall be the individual responsible for ensuring all measurements are taken in accordance with the stated accuracy standards. When work performance of a crew is deficient, the Contractor shall correct the deficiencies before proceeding with any new work.

The Contractor, by signing this solicitation, agrees to use only personnel meeting these qualifications for performance of the work specified herein. The Government reserves the right to make determinations of employees' qualifications and any employee who does not meet the above described qualifications may be requested to leave the worksite with resubmission of any data supplied by that employee.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Deviation 2017-1) (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

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(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government…