a.1204M318R0001.docx

OMB Approved No. 9000-0006

UNDER DPAS (15 CFR 350)

NO.

Contracting East Acquisition Area Wallowa-Whitman National Forest 1550 Dewey Ave Suite A Baker City OR 97814

Same as Item 7

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

SOLICITATION

(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.

Email: sdomina@fs.fed.us

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

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.

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.

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

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

FACILITY

AND

OFFER (Type or Print)

ADDRESS

OF

OFFEROR

code)

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

10 U.S.C. 2304 (c) (

41 U.S.C. 142(c) (

(Signature of Contracting Officer)

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

FAR (48 CFR) 53.214(c)

Request for Proposal Umatilla & Wallowa-Whitman National Forests Solicitation No. 1204M318R0001 Thinning, Hand Piling & Brushing IDIQ

TABLE OF CONTENTS

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items 1

C - SECTION C - Description/Specifications/Statement of Work 2

D - SECTION D - Packaging and Marking 2

E - SECTION E - Inspection and Acceptance 2

F - SECTION F - Deliveries or Performance 3

G - SECTION G - Contract Administration Data 4

H - SECTION H - Special Contract Requirements 4

I - SECTION I - Contract Clauses 4

J - SECTION J - List of Documents, Exhibits, and Other Attachments 12

K - SECTION K - Representations, Certifications, and Other Statements of Offerors 12

L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents 17

M - SECTION M - Evaluation Factors for Award 23

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

PRICE

AMOUNT

Insert project name.

Do not enter prices on above schedule. Use the Task Orders to enter prices and return as the price proposal. The Task Orders will be used for price evaluation purposes and may or may not be awarded.

Each Task Order issued will have specific quantities listed that the Contractor will quote on. The above is a sample of how the Task Order schedule of items will appear. Item 4 covers all other forestry related work that may be required, e.g. pruning, girdling, etc.

SECTION C - Description/Specifications/Statement of Work Description

The Wallowa Whitman National Forest, Umatilla National Forest, and Hells Canyon National Recreation Area have historically contracted services for stand thinning, slash treatments, and hand piling. This has been accomplished using site specific contracts or by utilizing task orders on similar Indefinite Delivery/Indefinite Quantity type contracts. The intent of this contract is to secure services for those items mentioned above for a period of up to 5 years at locations throughout the Wallowa Whitman and Umatilla National Forests, and Hells Canyon National Recreation Area. Districts that may provide future task orders for one or more of the above mentioned items include: On the Wallowa Whitman National Forest-Whitman RD, La Grande RD, Wallowa Valley RD, Hells Canyon NRA and on the Umatilla National Forest- Walla Walla RD, Heppner RD, Pomeroy RD, and North Fork John Day RD. Initial task orders, following the Schedule of Items and detailing specific work, may be awarded and placed against this contract. Future task orders will be competed unless an exemption applies.

The Contractor shall furnish all labor, supervision , equipment, materials, transportation, supplies (unless specified elsewhere as Government-furnished), and incidentals required to accomplish specified work, including contractor quality control, in compliance with the terms, specifications, and provisions of the contract.

This solicitation will result in an arrangement that includes multiple-award, Indefinite-Quantity, Indefinite-Delivery (IDIQ), also known as a task order contract, performance based service contracts spanning five (5) years. The Government cannot predetermine the precise quantities that will be ordered during the contract period.

Over the duration of the contract, task orders with actual quantities will be issued and price competed. Only contractors in the initial contract award pool are allowed to submit a quote on the work offered. The number of contractors in the award pool will be limited to not more than 5, to insure an adequate contractor pool.

Statement of Work

The work includes, but is not limited to, hand thinning, hand piling, pullback, tree girdling, pruning, lopping and scattering slash, bucking slash, and other activities that coincide with this type of work. Deviations and additional specifications will be identified in individual Task Orders.

Use of motorized equipment other than hand-held equipment such as powersaws and brush cutters will not be permitted off designated roads in the project area without written approval of the Contracting Officer or as provided elsewhere herein.

No material designated to be cut in accordance with this contract may be removed from National Forest land by the Contractor under the terms of this contract.

1. Thinning

The contractor shall furnish all labor, equipment, supervision, transportation, operating supplies, inspections, and incidentals in order to accomplish stand density management through the process of cutting down trees by hand to meet the requirements on the Wallowa-Whitman and Umatilla National Forests. The requirements for each unit are described in the Detailed Unit Information Sheet(s) that is included with every task order. Slash shall be treated so that any remaining slash meets the requirements as described in the Detailed Unit Information Sheet(s).

2. Hand Piling

To reduce the threat of catastrophic wild fire, these project types will reduce fuel loading within selected pre-commercially thinned area. Fuel shall be hand piled to reduce fuel loadings. A portion of the pile shall be covered to facilitate burning. Piles shall have a sufficient amount of fine fuels included in the covered portion to ensure ignition and consumption under wet/snowy conditions. All detailed specifications for hand piling will be included in each individual task order. The contractor shall provide all materials required on the Detailed Unit Information Sheets. Material to be treated may be composed of timber litter, timber harvest debris/slash, down dead trees, and pre-commercial thinning debris. Fuel amounts vary but are estimated at 0 to 3 feet in depth for a total of 5-30 tons/acre. It may be necessary to transport slash up to a 50 feet radius of pile(s) to meet minimum pile size requirements. Any pile not meeting contract requirements shall be re-piled at the Contractor’s expense.

3. Roadside Brushing

Roadside brushing removes vegetation including trees, from the designated treatment area that interferes with traffic, obscures signs and visibility or impedes the flow of water or diverts water from drainage structures. The treatment area includes the road bed measured from centerline to bottom of ditch or defined road edge, plus an additional 6 feet on each side and provides a vertical clearance of 14 feet from the road surface elevation.

Project generated slash shall be removed from the treatment area and involves varying levels of lop and scatter, pull back and/or chipping. Check individual Task Orders Detailed Unit Information Sheet to determine the specific slash treatment required for each road. This work is considered incidental and no additional payment will be made.

Exclusions

Exclusions are areas of no treatment within a unit. These may include wildlife exclusions, riparian area exclusions, and seasonal restrictions. No work is required by the contractor within these exclusions. Specific exclusions and their requirements will be included in the Detailed Unit Information Sheet.

Project Locations

Projects are located on lands administered by the Wallowa-Whitman and Umatilla National Forests. All township and range locations are predicated upon the Willamette Base Meridian.

Project vicinity maps showing specific project locations and access will be attached to individual Task Orders. Maps specific to the Task Order may be available through the Avenza software application.

Thinning boundaries shown on the units map may be flagged and/or signed as defined on the Detailed Unit Information Sheet. Boundaries which are obvious (i.e. roads or stand boundaries) may not be flagged or signed.

Accessibility

1. Where applicable, work areas may be reached by Forest roads that are accessible by standard two-wheel drive pickup (with snow tires and chains if needed) during normal operating seasons. The Government has no obligation to plow snow or do special maintenance to keep roads open.

2. Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may, under the Changes clause, (1) provide an alternate access route; (2) delete the inaccessible unit(s), (3) substitute similar unit(s), or (4) require “other modes of transportation”.

3. Unit map road symbols are only to indicate access to units and not to suggest the roads are open within units or for any further travel.

4. Some roads may be temporarily or permanently closed in conformance with the current District Access Management Plan. The Contractor may or may not be issued a permit to drive behind road closures. This may require the contractor to use other modes of transportation, including walking, ATV’s, etc. These modes of travel must be congruent with the Access and Travel Management Plan appropriate for specific Ranger Districts.

Motorized Equipment

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

Bio-Preferred/Bio-Based/Environmentally Friendly

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

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 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. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer (CO).

The following are examples of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Degreasers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor shall provide data for their biobased products such as biobased content.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

Definitions

Average Spacing – Is the average of the horizontal distances between all leave-trees necessary to provide the desired number of trees per acre.

Broom - sometimes called witch's brooms - An abnormal growth of branches and twigs caused by dwarf mistletoe. Broom branches are typified by a ball of dense branches; heavy growth, short needles, and may or may not have swollen limbs. Mistletoe fruiting bodies are frequently present.

Bucking - Cutting through the bole of thinning slash, so the slash lays closer to the ground than before bucking.

Calendar Days - Every day shown on the calendar, Sundays and holidays excluded.

Chain - A unit of length equal to 66' (feet).

Contract Item - A pay item designated on the schedule.

Contracting Officer – Is the person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of their authority.

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

Crooked Trees - Trees with a sharp crook or bend in the main bole which is less than 13 feet from the ground and offset more than 3 inches from the longitudinal axis.

Crown Ratio - Expressed as a percent of the total tree height, it is the portion of the tree bole that supports live limbs and foliage.

Cultural Site - For this purpose, a cultural site is defined as any area exhibiting signs of past human activity such as Native American artifacts, old mining sites, cabins, etc.

Cut Tree - Any tree that is selected or required to be felled as provided in the technical specifications and in the Detailed Unit Information sheets. Cutting refers to severing the tree completely from the stump.

Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, rot, suppression, or machinery. Damage is recognized by such things as dead or broken tops or trunks; crooks, sweep, forks, lean, and scars; short or poorly foliated crowns, low crown ratio; galls, swellings, or parasitic plants.

Deficient Trees - Those trees cut which should have been left to maintain average spacing requirements; or trees not selected according to the technical specifications; or trees that are mechanically damaged by the thinning operation.

DBH - (Diameter Breast Height) Diameter of the trunk measured at a point 4-1/2 feet above ground level on the uphill side of the tree.

Excess Trees - Trees that do not meet leave-tree specifications and should have been removed. Trees not severed from the stump, hang-up trees, stumps with live limbs, stumps higher than specified, trees not girdled (if required) or not girdled properly, and trees improperly lopped and/or bucked as required in the technical specifications are also considered excess trees.

Forked Trees - Trees with one or more forks in the live crown.

Fuels Treatment- The act of manipulating Contractor created slash for the purpose of reducing or consolidating either the mass or volume of said slash.

Girdling – The removal of bark and cambium around the entire circumference of the tree and at least 3 inches wide and no deeper than ½ inch into the sapwood for the purpose of killing the tree, with no green limbs left below the peeled section of said tree.

Hang-up Tree - Any tree suspended above the ground surface by a leave tree.

Ladder Fuels – intermediate and suppressed trees, below the maxium diameter, located within the drip line of domanant and co-dominate larger trees, increasing likelihood of fire spread vertically into the crowns.

Leave-tree - Any tree that is selected or required to be left standing as provided in the technical specifications or in the Detailed Unit Information Sheet.

Lopping - Removing limbs from the boles of thinning slash, to decrease slash height.

Mechanical Damage- Any damage in which the proximate cause is determined, by the CO, to originate by the use of chainsaws, hand tools, motorized equipment, or by the falling of one tree upon or against another.

Missing leave-trees - Those trees cut that should have been left.

Natural Fuels – existing down fuels that are present before any activity takes place Natural Fuels Thinning – the process of cutting trees to reach a desired spacing, or trees per acre, in relatively untreated natural stands that in general are dominated by a larger overstory component mixed with a lesser understory component.

Over story Tree - Any trees that are greater than 5 inches DBH and are generally older and generally 20 feet taller than those smaller trees which make up the understory tree canopy.

Point location - A specific place or places existing within a thinning unit such as, but not limited to, specific trees, boundary corners, springs, bogs, horse troughs, etc.

Pruning - severing the live limbs from the bole of a tree (unless clearing limit is allowed).

Pullback - Dragging or pulling thinning slash away from specified areas for a specified distance.

Road Prism – Is the area between the outside edges of the fill slope and the cut slope.

Rock Outcrop - Any outcrop of rock or rocks which is 10 feet or greater in vertical height.

Scattering - To disperse slash debris upon the ground so that no piles are created which are greater than 18" in height or larger than 12' (feet) in width as measured parallel to any numbered road shown on a sub-item’s contract area map. This term, by definition, requires scattering of material in a direction away from the road(s) when any slash can be seen from any such road(s).

Slash – The term slash as used herein means: 1) all down woody material remaining after any type of vegetative cutting; 2) all dead woody material standing that has died as a result of insects and disease infestations, or natural causes. NOTE: Cull logs approximately 8 inches or greater in diameter at the small end, and approximately 6 feet or longer in length, shall not be treated as slash. It is intended that as much of this size material as possible be left untreated to meet wildlife objectives.

Spacing - The horizontal distance from the center of the trunk of one leave tree to the center of the trunk of the next nearest leave tree.

Stream Courses (Live and Intermittent) - A live stream course is defined as carrying water all year long. Intermittent stream course is defined as having channel or channels showing recent scouring or washing, but may not flow water during the dry season.

Sub-item - Individual units, scheduled for treatment, within a Contract Item.

Thinning - The removal of trees that are not specified to be left for future management.

Thinning Slash - Limbs and boles of down trees created by the Contractor.

Treatment Prescription – The written objectives, whereby vegetation within a Contract Unit is manipulated, resulting in the production of an ecologically healthy, diverse forested stand.

Variable Density Thinning –Variable-density thinning consists of thinning a forest stand at different intensities in patches, mimicking the scale of patchiness found in old growth and creating a mosaic of overstory tree densities

Variable Spacing – Using average spacing as a guideline only, in the process of leaving the most dominant and healthiest leave trees of the preferred species to reach a target tress per acre for a particular unit.

Walk-ins - Units which cannot be accessed within a ¼ mile from open forest roads. Walk-ins are listed in the Detailed Unit Information Sheets.

SPECIFICATIONS

Pre-commercial Thinning (PCT)

1. Identified Leave Trees

a. Leave all bearing trees, land survey monument, wildlife tree or any other tree designated with an orange or yellow paint band and/or a metal sign.

b. Leave all hardwood trees and shrubs unless otherwise stated in Detailed Unit Information Sheet.

c. Leave all dead trees over the specified cut limit unless otherwise stated in the Detailed Unit Information Sheet.

d. Leave all conifer trees less than the height defined in Detailed Unit Information Sheet.

e. Leave all trees over the cut limit, not classified as undesirable, shall be considered for spacing requirements and inspection unless otherwise specified in the Detailed Unit Information Sheet.

f. Leave all trees exhibiting visible wildlife dens or nesting use. Should an active hawk, eagle or pileated woodpecker nest be located, work shall be discontinued within 500 feet of the nest-tree until the CO has been notified and has authorized resumption of work.

g. Leave any tree which is closer than its height to a rock outcrop.

h. Leave all trees with fencing attached.

2. Contractor Selected Leave Trees

a. Select additional leave trees as necessary to achieve average spacing as specified in the Detailed Unit Information Sheet. Leave trees shall generally be those of greatest vigor, tallest height, greatest diameter, largest crown, and straightest boles that are free of damage due to insects, disease, physical or mechanical causes. To select the most desirable leave tree, spacing may be varied up to plus or minus 50% from the specified spacing interval however, average spacing shall be maintained so that the number of leave trees per acre shall not be materially increased or decreased by the method of leave tree selection.

b. Additional leave trees shall be selected in the following priority:

1. Preferred Species of Tree. The preference of species for leave trees is stated in the Detailed Unit Information Sheet.

2. The Largest Tree. Trees with the greatest vigor as identified by the greatest crown size and leader growth shall be selected over trees up to 50% taller, where other factors are equal.

3. The Tallest Tree.

4. Trees of Equal Size.

5. Where undamaged trees are not available, select leave-trees with the least amount of damage. The more extensive the damage, the less satisfactory the tree is as a leave-tree. A tree shall not be left as a leave tree if the amount of damage is to the extent that the tree will not reach maturity or produce a merchantable product. Unless identified in the Detailed Unit Information Sheet, some small areas can be void of any leave trees, due to the presence of serious disease or damage. The contractor is responsible for recognizing these problems and being able to select the best leave-trees.

3. Cutting Requirements

a. Cut all trees not identified or selected as leave trees.

b. Cut all trees within 6 feet of any fence unless otherwise directed.

c. Cut trees shall be completely severed. Cutting shall be below the lowest live limb unless prevented by natural obstacles.

d. Stump height of a tree shall not exceed height defined in the Detailed Unit Information sheet, or as directed by the COR, unless cutting is obstructed by natural obstacles. All stumps shall be cut below the lowest live limb. All stumps shall be cut horizontally. Diagonal cut stumps are not acceptable.

e. Where natural obstacles impede cutting operations, trees may be severed up to 4 inches above the obstacle. However, all limbs remaining on the stump shall be severed as close to the bole as possible.

f. Cut all other trees as defined in the Detailed Unit Information Sheet. This may include clearing around preferred trees.

g. Stream course requirements will be defined in the Detailed Unit Information Sheet.

4. Pull Back and Slash Treatment

This work is considered incidental and no additional payment will be made.

a. All slash shall be pulled into the unit and away from the obstacle as follows unless otherwise identified in the Detailed Unit Information Sheet:

1. All slash on or within 5 feet of any open, closed or barricaded road.

2. All slash on firelines, ditches, berms, fill slopes, riparian areas and cut banks.

3. All slash on or within 10 feet of physical improvements.

4. All slash within 10 feet of private land or fence lines.

5. All slash within 10 feet of intermittant stream corridors.

6. All slash within 15 feet of existing landing/machine slash piles.

7. All slash within the drip line of any selected leave trees.

b. Slash depth shall not exceed a height defined in the Detailed Unit Information Sheet defined as a vertical distance from the ground to the highest point of the cut tree. Bucking and lopping may be required to meet slash depth requirements.

EXCEPTION: Does not apply to hand piling.

c. Slash treatment must be performed concurrently with thinning. Contractor shall not be allowed to start thinning a new area or portion of a unit until the slash treatment is satisfactorily completed.

d. Slash treatment shall not damage leave trees.

Hand Piling

Pre-commercial thinning slash shall be hand piled on specific units. See the Detailed Unit Information Sheet to determine which thinning units require hand piling.

1. All slash shall be pulled into the unit and away from obstacles as defined in the pull back and treatment section above in addition to piled to the following specification and those included in each task order or Detailed Unit Information Sheet:

a. All slash bolewood and limbs including foliage from a diameter specified in the Detailed Unit Information Sheet shall be piled from project activities.

b. Pile construction shall be required whenever enough material exists in a 50- foot diameter circle to create a pile to the minimum specifications.

c. Piles shall be constructed perpendicular to the slope to prevent piled material from rolling. Slash shall be piled parallel and in such a manner as to create a stable, dense and compact pile that shall ignite and consume easily. Limbs and fine fuels shall be placed in the lower portion of the pile with heavier fuels on top.

d. Piles shall be no larger than specified in the Detailed Unit Information Sheet or smaller than specified in the Detailed Unit Information Sheet unless otherwise approved. Contractor shall utilize slash in the pile area to create one large pile, to the extent possible, rather than several smaller piles.

e. Piles shall not be located closer than 10 feet from any leave tree or snag or other pile unless approved by COR. Whenever possible piles shall be constructed in created or natural openings. This may entail physically moving slash up to 50 feet. When no opening exists a leave tree may have to be felled to create an opening, felling of leave trees shall be approved in advance by the Government.

f. Piles shall not be constructed on top of or in contact with stumps or logs with diameters of 9 inches or larger. Logs ends extending from the pile shall have a minimum three foot section removed to prevent fire spread.

g. Ends and sides of the pile shall be trimmed even and slash placed on the pile.

h. Piles shall be covered with contractor provided 4 foot by 4 foot sheets or larger of approved pile paper or other waterproof material acceptable to the Government. Cover material shall be placed in the top ¼ portion of the pile and covered with enough slash to hold it firmly in place. Piles shall have a sufficient amount of fine fuels included in the covered portion to ensure ignition and consumption under wet/snowy conditions.

Resource Protection

Trees shall be felled away from unit boundaries and other physical improvements such as roads, culverts, power or telephone lines, established trails, spring developments, stock driveways, fence lines, gates, established land corners, etc. Any tree falling on such areas shall be immediately removed. If the Contractor causes any damage to any physical improvement, the Contracting Officer shall be immediately notified and the Contractor shall pay the cost of restoration and repair.

If any cultural or archaeological sites are discovered within the work area or by the Contractor’s operation, the contractor shall immediately cease work in the immediate area and notify the Contracting Officer. The Government may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact or similar object which is or may be entitled to protection under 16 U.S.C. 431-433, 16 U.S.C. 470, PL 96-95 and 36 CFR 261 9(e). In accordance with 36 CFR 296.(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Measurement

1. All units shall be measured for acreage prior to ordering. The Government shall use a Global Positioning System and associated software. All acres shall be rounded to the nearest whole number. Acreages may be remeasured at the government’s discretion.

2. Remeasurement Upon Contractor’s Request: The Contractor may request (in writing) the remeasurement by the Government of any item as stated in the Detailed Unit Information Sheet. If remeasurement determines a variance of 5 percent or less, adjusted to the nearest whole acre, the Contractor shall pay the cost of remeasurement and no adjustment shall be made in the acreage. If remeasurement determines a variance of greater than 5 percent, adjusted to the nearest whole acre, the Government shall pay the cost of remeasurement and payment shall be based on the remeasured acreage.

SECTION D - Packaging and Marking (There are no clauses or provisions for this section)

SECTION E - Inspection and Acceptance

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 452.246-70 Inspection and Acceptance. (FEB 1988)

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

(b) Inspection and acceptance will be performed on site per Task Order location.

Contractor Quality Control Plan

The Contractor shall prepare a Quality Control Plan that addresses the actions the Contractor will take to ensure the work performed meets the standards described in the Government Quality Assurance Surveillance Plan.

The Contractor shall inspect the thinning to determine compliance with the specifications. Each unit shall be inspected separately and inspection results on one unit shall not be averaged with those of other unit. Completion of each unit and the quality of work done shall be certified in writing and provided to the Government with supporting documentation.

Inspection shall be maintained concurrent with contract work. Contractor inspection results shall be available to the Contracting Officer at the completion of each work day. Completed thinning inspection documentation shall be submitted to the Contracting Officer within 72 hours upon the completion of each unit and shall remain a part of the permanent contract file.

By submission of the inspection documentation to the Government, the Contractor is certifying that the unit is satisfactorily completed and the inspection documentation reflects the work accomplished. In the event the Contractor falsifies inspection results, as determined by the Contracting Officer, the Government may declare the Contractor to be in default of the contract. Additionally, the Government may refer such falsification to the U.S. Attorney’s Office for possible prosecution pursuant to 18 U.S.C. 1001 (Falsification of Government Documents) or 18 U.S.C. 287 (Fraud).

Government Quality Assurance Surveillance Plan

1. The Government shall conduct inspections to determine compliance with the standards described in the Statement of Work. Each unit shall be inspected separately and inspection results on one unit shall not be averaged or combined with those of any other unit. Determination of the acceptabilty of the work performed shall be based on these inspections and shall be considered conclusive.

2. Government inspections for acceptance may consist of informal visual inspections. When informal visual inspections show unacceptable work, formal plots shall be taken. Final determination of acceptable work shall be based on these formal plots.

Pre-commercial Thinning

1. Formal Plot Inspection Procedure

a. The Government shall install a series of circular plots with slope correction (see Exhibit B in the Attachments). Plots shall be located throughout the subitem area to obtain a representative sample of the work.

b. A minimum of one plot per ten acres shall be taken, and no less than 4 plots per unit. Plot size shall be 1/20th acre (26.3 feet radius) with slope correction.

c. Inspection plots shall be marked on the ground with flagging to locate plot center, and identified with plot number and date of inspection.

d. On each plot the items listed below shall be examined and recorded on thinning inspection cards (Exhibit A in the Attachments, Form R-6-2470-117a).

1. Number of trees to be left.

2. Number of trees left.

3. Satisfactory trees.

4. Number of trees deficient.

5. Number of trees excess.

6. Remarks (brief description of deficient or excess trees, plot percentage, etc).

7. Slash depth to meet specifications in Detailed Unit Information Sheet shall be recorded as acceptable in the Remarks column.

2. The quality of thinning shall be calculated as follows:

(No. of deficient trees + No. of excess trees) / (No. of trees to be left) x 100 =_______% 100%-______% + 5% variation =______Quality% x $______quoted rate/acre = ______ pay rate/acre

3. The quality of slash treatment shall be calculated as follows:

a. Number of plots with acceptable slash treatment / Total number of plots = Slash treatment quality

b. Slash treatment quality must be above 90%. Failure to do so shall require rework by the Contractor.

4. Due to variations in inspection protocols across districts and forests, official government inspection protocols will be identified in each individual task order.

Hand Piling

1. The quality of hand piles will be evaluated as follows:

a. At least 90% of the project defined slash is hand piled.

b. Spacing of piles.

c. Location of piles.

d. Size of piles

e. Any other requirements defined in the task order or Detailed Unit Information Sheet.

2. The quality of hand piling shall be calculated as follows:

a. Number of piles with acceptable slash treatment / Total number of piles = Hand piling quality

b. Hand piling quality must be above 90%. Failure to do so shall require rework by the Contractor.

Unacceptable Performance

1. Excess trees

a. If the percentage of thinning quality falls below 90% and excess trees constitute the majority of the problem, payment shall not be made until the excess tree problem has been corrected. Inspections after rework shall be made in the same manner as the first inspection but on different plot lines. For any re-inspections due to rework, the Contractor shall pay for the Government’s administration costs. When the percentage of thinning quality falls below 90% and the problem is not correctible by rework due to deficient trees, the rate of pay shall be based on the percentage of the Government inspection and the Contractor shall be deemed in default.

b. If original inspection results are unacceptable to Contractor and a second inspection is requested without rework, the same inspection procedure will be used following a different plotline. If the second inspection still shows less than 90 percent, the Contractor shall pay the cost of the second inspection, and the results of the second inspection will be used in determining payment. Re-inspection requests shall be in writing and submitted within three (3) calendar days of the original inspection notification.

2. Slash treatment

a. When inspection results are below 90 percent and unacceptable slash treatment constitutes any part of the deficiency, payment shall not be made until the slash treatment is corrected. Inspections after rework shall be made in the same manner as the first inspection but on different plot lines. For any re-inspections, the Contractor shall pay the Government’s administration costs. When the percentage of slash treatment quality falls below 90% and the problem is not correctible by rework, the rate of pay shall be based on the percentage of the Government inspection and the Contractor shall be deemed in default.

3. Hand Piling

a. When inspection results in a hand piling quality of less than 90 percent payment shall not be made until the hand piling is corrected. Inspection after rework shall be made in the same manner as the first inspection. For any re-inspections due to rework, the Contractor shall pay for the Government’s administration costs. When the percentage of hand piling quality falls below 90% and the problem is not correctible by rework the rate of pay shall be based on the percentage of the Government inspection and the Contractor shall be deemed in default.

4. Repeated failure of performance below 90% acceptability on three or more units, per Task Order, shall be considered reason for Task Order termination for default.

5. After inspection of a completed subitem , the Contracting Officers Representative shall calculate the pay rate. The pay rate shall be calculated by multiplying the percentage quality of the subitem times the contract price per acre. When the percent of quality is 90 percent or greater, payment shall be made at 100 percent of the contract price. More than 3 separate units that occur on a Task Order that do not meet the 90% final inspection shall result in an additional 10% reduction of the final payment of the Task order.

Roadside Brushing

Acceptance will be determined by visual inspection. If visual inspection finds that all work conforms to performance standards the work will be accepted. If visual inspection finds that occasional work elements do not completely conform to performance standards but nonconforming work elements are not representative of an overall quality of work, the work will be acceptable. If visual inspection finds that non-conforming work is representative of an overall quality of work, rework shall be required. This pay item will be considered unacceptable if any of the following conditions are found consistently:

- Stump heights exceed the maximum 4” allowed or 4 inches above obstacles.

-Vegetation is not severed below the lowest live limb. Dead & downed woody material left on roadway.

- Vegetation including trees up to 8” DBH in the designated treatment area is present and interferes with traffic, obscures signs and visibility or impedes the flow of water or diverts water from drainage structures.

-Brushing and pruning is inadequate to provide a vertical clearance of 14 feet measured from the road surface elevation.

-Trees not prunned their full circumfrence.

- Curves are not sufficiently brushed and prunned to provide 75 feet of sight distance.

-Slash not moved to the fill slope below the road where a fill slope is present.

-Slash not moved at least 5 feet off cleared areas on both sides of the road when on flat ground with no fill slope present.

-Slash not moved from cut slope to fill slope when cut slope exceeds 25 degrees.

-90% of chipped material is not blown outside of the treatment area.

-Excess slash is not removed from ditches; 10 foot pull back from fences not met.

Contract Time Required Rate of Progress

Work shall begin no later than 5 calendar days after the effective date of the Notice to Proceed for each individual task order. Estimated adverse weather and/or road conditions that may prevent access to the work sites or performance to specifications will be indicated on each individual task order.

Contract time for work ordered on this contract will be figured at a progress rate of 10 acres per day for thinning and 5 acres per day of hand piling. Variations may be listed on individual task orders.

In the event an offeror is awarded more than one item, contract time will run concurrently. Contract time will be determined for each subsequent task order issued on an individual basis.

The Government reserves the right to specify crew size to ensure completion. Completion times on option items awarded after the Task Order has started will be negotiated.

SECTION F - Deliveries or Performance

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): [Insert one or more Internet addresses www.acquisition.gov/far 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date shown on individual Task Orders.

It is estimated that adverse weather and/or road conditions may prevent access to work sites from November 15 - April 15. The time stated for completion shall include final cleanup of the premises.

452.211-74 Period of Performance. (FEB 1988) The period of performance will be listed on each individual Task Order.

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from December 1, 2017 through November 30, 2022.

Subcontracting

Approval of Subcontracting - The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Contractor is required to notify the Contracting Officer in writing, using form SF 1413 Statement and Acknowledgement.

Fire Assignment -- SELF STATUS

Contractor shall be required to give a minimum of 3 days notice before entering an availability status for fire assignment for the entire crew. Contractor shall have another crew on site before the other crew leaves the project.

If the fire assignment is for an individual, e.g. Key Personnel for the Task Order, the contractor shall submit a new Designation of Representative and shall ensure project files are reviewed by the new Representative PRIOR to the current Representative leaving the site. See Key Personnel clause listed in Section I for further requirements.

BioPreferred Product Performance Requirements Summary

Required Service - Ensure the mandatory purchasing & use of biobased products.

Performance Indicator – Quantitative Factor Performance Standard - Contractor compliance with FSIRA, EO 13423, and FAR Surveillance Methodology – 100% Inspection

AQL – 100%

Deduction – 2% of Task Order amount, issuance of Notice of Non-Compliance and unsatisfactory performance evaluation.

Calculation of Payment

1. Calculation of Payment for Thinning - Plot Inspection

a. After inspection of completed acreage, the Contracting Officer will calculate the pay rate.

b. The pay rate will be calculated by multiplying the inspection percentage times the contract unit price per acre. When the percentage of satisfactory thinning is 90 percent or greater, payment will be made at 100% of the contract unit price.

c. When the percentage of satisfactory thinning falls below 90%, payment shall be made by multiplying the actual percentage rate achieved in the Contracting Officer's inspection(s) of the sub-item(s) by the unit price, and then by the number of acres within the sub-item(s).

2. Final payment will be made on the basis of the number of acres completed and the inspection percentage as determined by the Contracting Officer. Acceptance of the work will be determined by an inspection of each area, and will be based the Government’s Quality Assurance Surveillance Plan.

3. Slash treatment is considered to be part of the thinning task and no separate payment for this work will be made.

4. Hand piling payment will be made on a per acre basis by bid item and will be based solely on a visual inspection of each area as described in the Government Quality Assurance Surveillance Plan.

SECTION G - Contract Administration Data

Invoice Processing Platform (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website https://www.ipp.gov/index.htm.

Prioritization of Work

The Contracting Officer may elect to prioritize work by area or unit. Work with limited performance periods are shown on individual task order specific Detailed Unit Information sheet(s).

Communications All contractors shall have a minimum of one working King Radio on site at all times. Each crew foreman will have a working knowledge on the use of the radio(s). Before the start of work, the Government will clone the radio(s) and provide the pertinent information on the local use of the radio(s).

Designation of Contracting Officer’s Representative

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Contractor Representative

Contractor shall provide non-working crew leaders and inspection personnel who can read, write, and speak English fluently.