1224H820Q0008.pdf

1224H820Q0008

Combined Synopsis/Solicitation

Solicitation Number 1224H820Q0008

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ). The documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-03.

This procurement is a total small business set-aside. The NAICS code is 115310 and the Small Business Size Standard is $8M.

Schedule of Items:

BASE PERIOD

Work Item

Sub Item/Description Unit of Measure

Est.

Quantity

Unit

Price

Total

Amount

Timber Marking

Final Removal Harvest Acres 0-800

Timber Marking

Blowdown – Light* Acres 0-100

Timber Marking

Blowdown – Moderate*

Acres 0-100

Timber Marking

Blowdown – Heavy* Acres 0-100

TOTAL

OPTION 1

Work Item

Sub Item/Description Unit of Measure

Est.

Quantity

Unit

Price

Total

Amount

Timber Marking

Final Removal Harvest Acres 0-800

Timber Marking

Blowdown – Light* Acres 0-100

Timber Marking

Blowdown – Moderate*

Acres 0-100

Timber Marking

OPTION 2

Work Item

Sub Item/Description Unit of Measure

Est.

Quantity

Unit

Price

Total

Amount

Timber Marking

Final Removal Harvest Acres 0-800

Timber Marking

Blowdown – Light* Acres 0-100

Timber Marking

Blowdown – Moderate*

Acres 0-100

Timber Marking

OPTION 3

Work Item

Sub Item/Description Unit of Measure

Est.

Quantity

Unit

Price

Total

Amount

Timber Marking

Final Removal Harvest Acres 0-800

Timber Marking

Blowdown – Light* Acres 0-100

Timber Marking

Blowdown – Moderate*

Acres 0-100

Timber Marking

OPTION 4

Work Item

Sub Item/Description Unit of Measure

Est.

Quantity

Unit

Price

Total

Amount

Timber Marking

Final Removal Harvest Acres 0-800

Timber Marking

Blowdown – Light* Acres 0-100

Timber Marking

Blowdown – Moderate*

Acres 0-100

Timber Marking

OFFEROR NOTES:

1. Trees to be designated by the Contractor in Final Removal Harvest units can vary greatly with fewer than 20 to more than 75 trees per acre.

2. Level of blowdown timber is defined as follows:

Light salvage:

Individual blown down or damaged standing trees scattered across the stand.

Moderate salvage:

Areas of complete or partial blowdown scattered across the stand, and up to half of the standing trees have received some damage to their crowns.

Heavy salvage:

The majority of the stand has been completely blown down, few undamaged trees remain standing.

3. The quantities shown are for evaluation purposes only. The actual quantities of work performed are expected to vary considerably from those stated and will vary from year to year. Some types of work may not occur at all in some years and there may be more or less of the various types of work in the schedule. Not all items shown in the schedule of items will be on individual task orders.

4. To calculate total amount, multiply maximum estimated quantity by unit price (ie: Item 0001 Total Amount = 800 acres x unit price).

Description of Requirement:

DIVISION 100 – GENERAL SPECIFICATIONS

110 - SCOPE OF CONTRACT

It is the intent of this contract to procure timber marking services to mark and cruise standing and/or down timber for harvest on the Allegheny National Forest, by contract, on an as needed basis. These services would supplement the types of services that are performed by the Government. These services may be required year round. Contractor should expect to work in various weather and ground conditions. The Contractor shall furnish all supervision, labor, equipment, tools, materials, and incidentals thereto, except as otherwise noted. The Contractor should expect various sample tree measurement intensities for each Payment Unit. Sample tree measurement intensity may increase or decrease based upon the size of the Payment Unit and the type of marking prescription implemented.

120 - PRICING OF TASK ORDERS

121 - All Task Order shall be for a firm fixed price. Task Orders shall be for a pre-priced item as shown in the Schedule of Items.

130 - ISSUING TASK ORDERS.

131 – Timber marking services shall be procured under the contract through the issuance of task orders. All task orders are subject to the terms and conditions of this contract. In the event of conflict between the task order and this contract, the contract shall control.

132 - The Government will issue written task orders. Task orders for a project will contain a firm fixed amount that will be the total compensation for that project. This amount shall not be changed unless the requirements of the project are changed, and then only if the Contracting Officer signs prior written modification.

140 - TASK ORDER AMENDMENTS

Any change to a task order will be made in writing on form SF 30, Amendment of Solicitation/Modification of Contract. Task order amendments will be issued only by the Contracting Officer and shall be identified as an amendment of a specific task order.

150 - LOCATION OF PROJECT AREAS

151 - All timber marking services provided shall be performed within the general area of the Allegheny National Forest. Work will be performed at the project site; the Contractor's office and some work may be performed at a Forest Service Office.

152 - With agreement of both parties, other National Forests in the Northeastern United

States may utilize this contract.

153 - In general, the project areas are accessible by Forest, Township and/or State roads. In some cases, foot travel will be necessary. The Contractor will need to coordinate with the COR for gaining access behind locked gates. The use of any vehicles will be subject to conditions of the Allegheny National Forest Off-Road Vehicle Policy of March 28, 1977. A copy is available on request.

160 – GOVERNMENT-FURNISHED DATA/PROPERTY

The Government shall furnish to the Contractor the following listed materials, supplies, property, or services. All items listed below will be available at the time and place of the pre-work conference.

161 – Forest Service Timber Sale cruising software. This item does not have to be returned to the Government.

162 - Timber Sale pre-sale folder including:

a) Timber Sale Cruise Plan (Exhibit C-1)

b) Timber Sale Marking and Implementation Guidelines (Exhibit C-2) including:

a. Applicable Allegheny National Forest Land and Resource Management Plan Standards and Guides

b. Silvicultural Prescriptions

c. Marking Crew Notes page (portions to be filled out by Contractor are noted in Exhibit in C-2)

d. Payment Unit Traverse Maps

c) Copies of Administrative Maps and pre-sale maps as needed.

*Presale folder shall be returned to the Government with all Contractor requirements completed prior to final payment.

164 - A Guide to Hardwood Log Grading, USDA-FS General Technical Report NE-1, 1973, which includes Forest Service Standard Grades for hardwood factory lumber logs and does not have to be returned to the Government.

165 - Timber Sale Cruising Handbook, FSH 2409.12, Chapter 10 and Chapter 70. This item does not have to be returned to the Government.

166 - Allegheny National Forest Land and Resource Management Plan 2007 (cd set or paper copy). This item does not have to be returned to the Government

167 - All Forest Service tracer tree marking paint necessary to complete the contract.

Color scheme will adhere to direction in Timber Sale Cruise Plan and chapter 70 of FSH 2409.12. This needs to be returned to the Government. See section 170.

168 – Region 9 Timber Theft Prevention Plan, 2018. This item does not have to be returned to the Government.

170 – Tracer Tree Marking Paint

All unused tracer tree marking paint and empty paint cans shall be returned to the Government prior to final payment. Except for paint in use, Contractor shall keep all paint cans, including empty paint cans, locked in a vehicle or other secured container. Contractor's paint storage container(s) must be approved by the COR prior to its use.

171 - The Forest Service will issue tracer tree marking paint to the Contractor, and receive unused paint and empty paint cans from the Contractor at a specific times and locations agreed upon by the Contractor and the Forest Service. All paint exchanges will be recorded on the Tracer Tree Marking Paint Issue and Inventory Record (Exhibit C-4).

172 - There will be strict accountability for all paint cans regardless for the amount of content or lack thereof. The contractor shall keep the paint cans under lock and key, except for paint being used or carried into the field for use. A legible daily log (Exhibit C-4) shall be maintained by the Contractor to show paint usage and shall be provided to the Government upon request. The daily log will further include each batch number, color, payment unit, and number of cans used.

173 - In the event any marking paint is lost the contractor will be required to notify the

Government within 24 hours once aware of the loss and be required to spend additional time, at no cost to the government, securing the missing paint. For EACH paint can that is not returned, the contractor shall submit a written report describing in detail the circumstance which caused the misplacement of the paint can(s), along with security measures implemented in order to prevent further losses. This report must be turned in within seven days of the loss occurring. In addition, the Contractor shall pay the Government price of a full can of paint, and the regular administrative costs, and receive a disincentive (See Section E) of $200 for each quart that is not returned on a particular task order.

174 - Material Safety Data Sheets will be furnished with the tracer tree marking paint.

180 - Contractor-Furnished Property

The Contractor shall furnish all labor, supervision, equipment, transportation and supplies, except those designated as Government-Furnished, to complete the contract.

190 - Payment Unit Boundaries

Exterior boundary trees are designated with painted three-stripes, while adjacent, interior boundary trees are designated with painted two-stripes. Payment unit boundaries may be left unmarked if natural or constructed features are so conspicuous that they can be identified from the pre-sale map alone, e.g. roads or streams.

Protected areas are designated with white painted three-stripes.

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Quality Control Plan

The contractor shall prepare a quality control plan for this contract that outlines the planned steps for ensuring compliance with this contract. The contractor shall submit the plan to the Government for review and approval before work can take place. At the pre-work meeting for each task order, a Plan of Work shall be submitted that addresses the schedule of work, marking paint security, GPS data management, checks to ensure compliance with merchantability standards, and assurance that the silvicultural prescription is met.

220 - Selecting Trees for Harvest

In each Payment Unit, trees shall be selected for harvest by the Contractor according to the Timber Sale Marking and Implementation Guidelines (Silvicultural Prescriptions) provided in the Pre-sale folder.

221-Blowdown Timber Definitions

Level of blowdown timber is defined as follows:

Light salvage:

Individual blown down or damaged standing trees scattered across the stand.

Moderate salvage:

Areas of complete or partial blowdown scattered across the stand, and up to half of the standing trees have received some damage to their crowns.

Heavy salvage:

The majority of the stand has been completely blown down, few undamaged trees remain standing.

230 - Designating Trees for Harvest

231 – Trees prohibited from Marking Designations – Under no circumstances shall designated leave or reserve trees, payment unit and protected area boundary trees, trees within the protected area, trees containing raptor nests, survey corner monuments (bearing trees), or superior trees (designated as a white ring around the tree bole generally at breast height) be designated for harvest.

232 - In each Payment Unit, trees shall be designated for harvest by the Contractor with

Forest Service tracer tree marking paint. Trees shall be designated according to the color scheme and marking paint application guidelines established in the Timber Sale Cruise Plan provided in the Pre-sale folder.

233 – Two methods of tree designation, Leave Tree Marking and Cut Tree Marking, will be utilized in this contract.

a) Leave Tree Marking (LTM) – leave trees will be designated by Forest Service prior to the issuance of a notice to proceed on a particular task order. The Contractor will be responsible for counting and/or cruising the remaining trees meeting utilization standards within the payment unit, excluding boundary trees and trees located in protected areas. Trees will be designated for harvest with paint at DBH in accordance with the Timber Sale Cruise Plan. Stump spots are not required on trees designated for harvest.

Additional trees found by the contractor needing designated as leave trees as described in the silvicultural prescription will be designated in accordance with the Timber Sale Cruise Plan.

b) Cut Tree Marking (CTM) – trees designated for harvest by Contractor shall be marked at DBH and stump in accordance with specifications established in the Timber Sale Cruise Plan provided in the Pre-sale folder.

240- Marking Under Varying Weather Conditions

The Contractor shall plan on rainy/wet days when trees cannot be marked. The tree marking paint provided for this contract is water soluble and needs some drying time prior to exposure to heavy rainfall or wash-off problems can occur. Additionally, trees must be adequately dry following rain/snow before applying paint to trees.

241 – Temperature and Humidity. Periods of high temperature (80o F) with high relative humidity, or subfreezing temperatures, preceding forecast of rain or frozen precipitation should also be avoided. Potential for wash off problems in the leaf-on period is most critical in closed canopy hardwoods where dry time is extended by higher relative humidity, less air movement and less exposure of bark to direct sunlight than in open stands of most conifer types. Potential for wash off problems in the leaf-off period is most critical in hardwoods and some softwoods as rain water will travel down the stem or make direct contact, and wash the paint. Marking as these conditions approach may be extended if rain resistant paint is being used, however the section 244 still applies.

242 – Rainy Periods. The Contractor shall exercise prudent judgment as to when to start marking during rainy periods and when to stop once precipitation is anticipated. Marking as these conditions approach may be extended if rain resistant paint is being used, however the section 244 still applies. Resumption of marking following rainfall is at the Contractor's option. The Government reserves the right to stop the Contractor's marking if it is determined that weather is unsuitable and normal paint retention quality cannot be assured.

243 – Marking in Snow Conditions/Freezing Temperatures. During times when the tree stem is becoming frozen or is frozen, the tree stem may develop a thin layer of frost as a result of high relative humidity or frozen precipitation and will block the paint from properly adhering to the tree. All marking in CTM designated units will cease, unless approved by written agreement, if snow levels average or exceed six inches. The contractor should plan on extended drying periods during cold weather especially freezing temperatures.

244 – Contractor Responsibility. The Government holds the contractor responsible for repainting any tree(s) or area(s), at no cost to the government, that are found to be faded, washed or visibly affected as described above.

250- Tree Designation Corrections

Where it is necessary for the Contractor to make changes in trees originally designated for harvest, the Contractor shall obliterate any green, blue, or yellow markings with black Forest Service tracer tree marking paint. Forest Service timber cruising software cruise file tree counts shall be adjusted accordingly for any corrections. Location of designation corrections shall be noted on the Payment Unit traverse maps found in the Timber sale Marking and Implementation Guidelines provided in the Pre-sale folder.

260 - Tallying Timber for Harvest

261 – Field Data Recorders (FDR’s) using Forest Service timber cruising software shall be used as the only means of recording tree counts and sample tree measurements.

This data will be collected for each sample group within each Timber Sale Payment

Unit. Forest Service timber cruising software and cruise files will be provided to the Contractor.

262 - Cruise Tally Cards (Exhibit C-3) shall also be used to record hand-written sample tree measurements for each Payment Unit. Sample tree measurements on cruise tally cards must match the corresponding sample tree measurements in the Forest Service timber cruising software cruise file. Each Payment Unit will have a separate set of cruise tally cards. Data entry instructions are included with Exhibit C-3.

270 – Sample Tree Selection and Measurement

271 - Sample Tree Selection – The Forest Service employs a systematic, sample tree measurement cruising approach. The Contractor shall physically select, designate, and tally every tree to be harvested. Sample trees shall be selected at random using Forest Service cruising software. When a sample tree is randomly generated, the FDR will prompt the contractor to measure the tree.

272 - Sample Tree Measurements - Sample trees shall be measured to determine:

a) Species

b) Tree Diameter at Breast Height (DBH)

c) Merchantable sawtimber height and/or 4” topwood height. Heights shall be measured with a clinometer, Spiegel Relaskop, Laser, or other instrument with equivalent or better accuracy. Heights shall be measured in feet.

d) Percentage of visible sawtimber volume defect, and percentage of visible topwood volume defect. Volume defect percentages will be determined using Volume Distribution Table (Exhibit C-5).

Sample tree measurements will be implemented according to methods outlined in the Timber Sale Cruising Handbook 2409.12, Chapter 10.

273 - The Contractor shall edit all electronic Forest Service cruise files and data cards to ensure that all information is filled out properly before delivery to the Government.

All incomplete and incorrect electronic cruise files and data cards will be returned to the Contractor for completion or correction. All data entries shall be complete and legible. After all contractual work in the unit has been completed, all electronic cruise files, the associated printouts, and cruise tally cards shall be turned in together for each Payment Unit.

280 – Documenting Locations of Points of Interest:

The contractor shall immediately notify the Forest Service if any additional unique features not already located within a protected area needing special measures or protection are found in a payment unit, such as but not limited to seeps, vernal pools, raptor nests, cultural resources, sensitive plants, rare tree species, and/or safety hazards. All unique points of interest shall be plainly identified on the ground with flagging and the location shall be recorded on the payment unit traverse map in the Pre-sale folder.

Special Qualification Requirements

(a) Crew members shall be proficient in the following areas:

1. Tree measurement (diameters).

2. Species identification.

3. Defect recognition and determination.

4. Quality determination.

5. Use of timber cruising tools.

6. Map reading and compass use.

7. Elementary use of aerial photography.

8. Use of global positioning systems (GPS) hardware and software.

(b) Prior to the start of timber marking on any one timber sale all crew members, including approved substitutions, shall meet the following criteria unless waived by the Contracting Officer:

1. Attend a formal cruiser training held by FS personnel, which is typically three 8 hour days in length.

2. Score 80% or above on the Region 9 Qualified Cruiser written exam and measure fifty

(50) trees on FS cruiser test plot. Test trees will be scored in same manner as described in the Section E, Performance Requirement Summary Table. Crew members not passing both the written and tree exams will not be permitted to mark timber until these tasks are successfully completed.

(c) Prior to the start of timber marking on any one timber sale the Quality Control Inspector must meet the following criteria unless waived by the Contracting Officer:

1. Meet the requirements for crew members as stated above.

2. Experienced at timber cruising.

Contractor’s Representative

If the Contractor will not be at the site during performance, of any task order the Contractor shall designate a Contractor's Representative in writing before work begins on that task order. The Contractor's Representative shall act for the Contractor in his absence, be knowledgeable of contract requirements, and meet the "Minimum Requirements of Contractor". The Contractor or Contractor's Representative shall be at the job site whenever work is in progress. In the absence of the Contractor, the Contractor's Representative may receive instructions from the Contracting Officer.

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

LIST OF ATTACHMENTS

Appendix A: Timber Marking Attachments # of Pages

Exhibit C-1 Sample Timber Sale Cruise Plan 7 Exhibit C-2 Sample Marking and Implementation Guideline 11

Exhibit C-3 Cruise Tally Card 2 Exhibit C-4 Tracer Tree Marking Paint Issue and Inventory Record 2 Exhibit C-5 Volume Distribution Table 1 Exhibit C-6 Slope or Lean Correction Table 1 Exhibit C-7 Commercial Tree Codes 1

Wage Determination: Service Contract Act 1981-0682

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

INSPECTION AND ACCEPTANCE

Inspection Procedures

The Contractor is responsible for quality control checks as specified in the Quality Control Plan.

Within fifteen (15) business days of receipt of the tally sheets and the quality check tally sheets the Government will verify that the work complies with the contract. Once the work is verified by the Government the contractor may submit an invoice for payment.

As the basis for payment, contract compliance will be based on unit level and sale level assessments of:

1. Adherence to marking prescriptions

2. Correct stump and bole designation of trees for harvest

3. Acceptable quantity of paint and quality of paint marks

4. Correct selection and designation of harvest trees

5. Accurate tree species and product identification

6. Accurate tree counts and volume estimation

7. Marking paint security.

*Failure to meet marking paint security as indicated in this contract will be considered a breach of contract.*

QUALITY ASSURANCE PLAN (QASP)

Introduction: The purpose of this Quality Assurance Surveillance Plan (QASP) for Timber Sale Marking is to layout in advance what the Government will do to assure that the Contractor’s performance meets the baseline established by the contract in terms of technical requirements, schedule, quality and cost. This Plan provides the basis for the Contracting Officer's Representative (COR) to evaluate the Contractor's performance. The oversight provided for in the QASP and in the contract will help to ensure that the performance levels mandated by the specifications are attained throughout the contract term and/or by its end. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required annual performance evaluations.

Functions of the QASP: The QASP is composed to convey the following:

A. The roles and responsibilities of Government officials.

B. The evaluation methods that will be employed by the Government in assessing the Contractor’s performance.

C. The monitoring forms used to evaluate and document the Contractor’s performance.

Government Roles and Responsibilities:

The COR has technical responsibility for overall performance management of the contract. He or she has the lead in monitoring, assessing, recording and reporting the technical performance of the Contractor. The COR will be the main interface with the Contractor about performance and work closely with the Contractor’s Project Manager and the Government’s Contracting Officer

(CO).

Performance Evaluation Methods:

A COR’s primary functions include: inspection, acceptance and addressing nonconformance.

Specifically, such duties will entail the following:

1. Conduct periodic inspections.

2. Random inspections will be completed on an as needed basis by the COR or inspectors.

3. Report findings obtained from the periodic inspections to the CO.

4. Document any contract discrepancies. This information will be provided to the contractor to:

• Communicate discrepancies discovered during the periodic inspections.

• Note the impacts of what was not completed, and any recommendation for rework or re-performance.

• Follow up to ensure non-conformances are corrected.

5. Provide timely feedback on submitted deliverables. Get feedback to the contractor in time to incorporate comments for re-submittal.

6. Perform annual and final Performance Evaluations.

B. When an observation indicates defective performance, the COR will require the contract manager or representative (contractor) to initial the observation made. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance.

C. The Contractor shall perform or re-perform any work, which was not performed in a satisfactory manner, at the Contractors expense.

Performance Requirement Summaries:

In general, the Tasks completed by the Contractor will be evaluated in terms of how well the requirements of the contract are satisfied. The COR will periodically perform Inspection on the Tasking and Deliverables to ensure there is a match between actual and expected performance. If there are discrepancies, these will be communicated to the Contractor, and follow through to ensure performance gaps are closed. The information obtained from these surveillance activities will form the basis for the COR completing the contractors performance evaluation.

The actual Inspection that is done by the COR includes using Performance Requirement Summaries (PRSs).

A. Requirement Element: This is a Task or an aspect of Task that will be evaluated by the COR.

The PRS table is developed to include Tasks.

B. Acceptable Quality Level (AQL): The Specifications and PRS delineate the levels of performance expected from the Contractor. During the actual Contractor performance, the COR will evaluate the current level of performance, by using one or more AQL’s given in the PRS. In many instances, these AQL’s come from internal or external standards.

C. Monitoring Method & Measurement: This is the means by which the COR will verify that the AQL’s are providing effective performance feedback information and the standards against which the contractors performance is to be measured.

Performance Requirement Summary Table

Requirement Element

Acceptable Quality Level Means of Monitoring and Measurement

Marking to Prescription

• Preparing unit to guidelines as outlined in the prescription.

• All members of the marking crew must be familiar with prescription and marking guidelines.

• In CTM units residual basal area is within 20% of prescription target on each variable radius inspection plot and average residual basal area within 10% of prescription target on a stand level basis.

• Residual basal area is composed of the health, form and quality as specified in the prescription.

• A minimum of 5 variable radius plots will be placed in each CTM unit inspected by COR or COR’s inspector.

• Residual basal area will be measured using a 10 BAF wedge prism, relaskop, or other equivalent optical instrument.

• This is imperative in Cut Tree Mark (CTM) units where additional standing trees may require designation.

• Ocular health, form and quality will be assessed and checked against prescription.

• Each unit requiring a target residual basal area will be inspected by the Government.

Tree Designation

• Correct marking procedures used to designate timber for harvest

• 100% of trees must have correct stump marks (placement, height and suitable bark surface).

• Adequate bole marks for pulp, sawlog and sample trees.

• COR or COR’s inspector will check stump marks throughout each unit to assure 100% of designated trees have correct stump and bole marks.

• Stump marks will be checked for adequate paint quantity and quality.

Tree Species and Product Identification

• Tree species identification must be correct to accurately estimate volumes by species/species group and product.

• Tree species must be called accurately a minimum of 97% of the time. Cruisers can only miss identify 1 tree for every 30 trees checked.

• Product must be called accurately a minimum of 93% of the time.

Cruisers can only incorrectly determine product for 2 trees out of every 30 checked.

• The COR or COR’s inspector will monitor species and product calls during variable radius plot assessments and/or sample tree data checks.

Tree Counts and Volume Estimation

• The number of trees designated for harvest must be recorded correctly, and trees must be measured correctly to accurately estimate product volumes

• Tree counts must not differ from FS counts by more or less than 2 trees for each sawtimber group with 0- 10 trees, more or less than 5 trees for each sawtimber group with 25-500 trees, more or less than 10 trees for each sawtimber group with 501-1000 trees, and more or less than 5% for each pulpwood sample group.

• DBH, Product Height, and Product Defect measurements for the sale must be within 80% for each variable and within 85% of the variables combined of FS measurements.

• The sale sawtimber Ccf estimate must be within 10% of the FS estimate and the sale combined product Ccf estimate (overall) must also be within 10% of the FS estimate.

• The COR or COR’s inspector(s) will conduct 100% tree counts in at least one (1) or more units per task order.

• The COR or COR’s inspector(s) will select at random and measure (check cruise) at least 30 trees per sale.

• Measurements of these trees will be compared against the contractors to determine whether or not they are within the specified requirements.

Marking Paint Security

• Marking Paint Security is imperative.

• 100% of paint shall be kept in a locked box while in the field, be accompanied by the marking crew, or secured at a location approved by the Forest Service.

• Paint shall be checked in/out with the Forest Service at least once per week.

• Contractor shall be subject to random audits to assure compliance with Acceptable Quality Levels.

• If Acceptable Quality Levels are not followed, Contractor shall be found in breach of contract.

• Contractor must keep daily log of use indicating location paint was applied, amount used, and batch number.

• Immediately notify the Forest Service if any paint is misplaced/lost.

• Forest Service shall give contractor notice of such breach.

• Forest Service may give reasonable time to remedy such breach;

however reserves the right to terminate the contract.

Pre-Sale Folder

• Documentation

• All pertinent sale information, such as tree designation corrections, points of interest, etc., shall be recorded legibly on forms provided in the Pre-Sale folder for each payment unit.

• Pre-Sale folder will be reviewed for completeness and legibility when turned in. Payment will not be made until Pre-Sale folder is acceptable.

In carrying out performance monitoring, the following is to be noted:

A. Inspection can be done at all times and places so long as not to disrupt the Contractor’s effort.

B. If the COR discovers performance deficiencies, the Contractor is directed to make the corrections.

C. If the Contractor is not able to make corrections, either:

1. The Government or a third party can do so at the Contractor’s expense, or

2. The Government can accept the performance and seek an equitable adjustment.

D. Acceptance acknowledges that the performance conforms to the requirements.

Re-inspection upon Contractor's Request

If the original inspection results are contested by the Contractor on a completed line item, one re-inspection may be requested in writing. The same inspection procedures will be used; however different plots will be used. The results of the re-inspection will be used in determining payment.

If the re-inspection results fall below the Acceptable Quality Level, the Contractor shall pay the costs incurred by the Government for the re-inspection.

PERFORMANCE BASED DISINCENTIVES

This contract contains disincentives as shown in the table below. Disincentives will be applied for any tracer paint cans not returned and for work not completed on or prior to the delivery date specified in a task order.

The Contractor shall perform work in accordance with the specifications contained in this contract, and their technical proposal that is incorporated by reference, including their quality control system.

Item Tolerance Disincentive

Tree Counts and Volume Estimation

• Tree counts must not differ from FS counts by more or less than 2 trees for each sawtimber group with 0-10 trees, more or less than 5 trees for each sawtimber group with 25- 500 trees, more or less than 10 trees for each sawtimber group with 501-1000 trees, and more or less than 5% for each pulpwood sample group.

• DBH, Product Height, and Product Defect measurements for the sale must be within 80% for each variable and within 85% of the variables combined of FS measurements.

• The sale sawtimber CCF estimate must be within 10% of the FS estimate and the sale combined product CCF estimate (overall) must also be within 10% of the FS estimate.

Marking Paint Security

• 100% of paint shall be kept in a locked box while in the field, be accompanied by the marking crew, or secured at a location approved by the Forest Service.

• Paint shall be checked in/out with the Forest Service at least once per week.

• Contractor must keep daily log of use indicating location paint was applied, amount used, and batch number.

• Immediately notify the Forest Service if any paint is misplaced/lost.

Contractor will forfeit $200.00 of task order value for every tracer paint can that is not returned to the FS.

Work Delivered After Due Date **

100% of work complete on or prior to due date assigned on task order

Contractor will forfeit 2% of task order value for every 10 calendar days work is past due.

**The Forest Service retains all other rights available to it for late performance including termination for default. The contractor is considered to be in default once the original due date for the work has passed. Allowing the contractor to work past this date at the disincentives indicated will be at the government’s discretion.

Delivery Details/Period of Performance:

The resulting contract will be an IDIQ contract for a base period and four, one-year option periods. Task orders issued under this contract will have specific periods of performance and concurrent task orders may be issued.

The following Federal Acquisition Regulation (FAR) clauses and provisions, the Department of Agriculture Acquisition Regulation (AGAR) clauses and provisions, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

COMMERCIAL FAR CLAUSES AND PROVISIONS:

52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

52.212-2 Evaluation – Commercial Items (OCT 2014) (FAR Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Past Performance Relevant Experience Personnel Qualifications.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications – Commercial Items (DEC 2019)

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

Deviation 2017-1 modifies paragraph r to remove reference to 41 U.S.C. 4712.

http://www.acquisition.gov/far/

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2017-1) (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub.

L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation 2017-1)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov

2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Oct 2019) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 http://uscode.house.gov/

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26 __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (JULY 2014) of 52.222-35 _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (ii) Alternate I (JULY 2014) of 52.222-36 __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter

78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X _(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630…