Sol_12363N21Q0022.docx

SOUTH ZONE PRECOMMERCIAL THINNING Solicitation: 12363N21Q0022

SOUTH ZONE PRECOMMERCIAL THINNING Solicitation: 12363N21Q0022

DATE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

calls)

8. OFFER DUE DATE/

LOCAL TIME

2:30 p.m.PDT

USDA Forest Service Stewardship Contracting Branch Gifford Pinchot NF Supervisor Office 42218 NE Yale Bridge Road Amboy, WA 98601

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

115310

$16.5 Million

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

|_|13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

Email: Darren.zychek@usda.gov USDA-FS Stewardship Contracting Branch 1400 Independence Ave. SW

MS-1138

Washington DC 20250-1138

Email: @ Telephone No: ( ) - x Invoice Processing Platform (IPP) All invoices must be submitted electronically through the Invoice Processing Platform (IPP) Via www.IPP.gov

DUNS:

BELOW IS CHECKED

|X| SEE ADDENDUM

South Zone Non Commercial Thinning

GIFFORD PINCHOT NATIONAL FOREST

MT. SAINT HELLENS RANGER DISTRICT

See attached Schedule of items

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

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

SOUTH ZONE NONCOMMERCIAL THINNING Solicitation: 12363N21Q002

SOUTH ZONE NONCOMMERCIAL THINNING Solicitation 12363N21Q0022

Continuation of Blocks 19-24 of SF-1449.

GENERAL INFORMATION:

Quotes shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section 50 for instructions on preparing your technical proposal/package and quote pricing.

All Contractors must be actively registered in the System for Award Management (SAM) (https://SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will be found non-responsive. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

SCHEDULE OF ITEMS

Total:

Note: This opportunity requirement is a Request for Quote. All data and information submitted on this opportunity is to be considered information until a tentative quote has been identified/selected through Best Value techniques. For the entirety of the base solicitation and throughout all corresponding attachments, where the word “Offer” appears shall be replaced with “Quote” and “Offeror” appears shall be replaced with “Quoter.”

LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in cash via Electronic Funds Transfer (EFT).

A. A rate must be included for each item to be considered for award.

B. Award shall be made to one bidder.

Price quotation furnished by:

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice. (Using IPP now) See #41.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

PERMITS AND RESPONSIBILITIES (NOV 1991)

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

(End of clause) Note: The above clause does not preclude expected quoter to be supplied any or all known regulatory certifications, permits, etc. to legally conduct stewardship work under this request for quote, should award be made. All expected quoters are encouraged to know the Federal and local prevailing labor laws and inspection standards for stewardship work within the State in which award is to be made. This is to include all known Farm Labor permits and timely submission for H2B-1 and Migrant Seasonal Worker Protection personnel. All posters and mandatory DOL and OSHA inspection criteria to be posted within the public work area for all workers free access may be obtained form DOL and OSHA via online downloads. The Government does not guarantee access nor full distribution of these items to the prospective awarded contractor.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

2. PROJECT DESCRIPTION

Description of Work-

This solicitation requires tree thinning and related work in compliance with its terms, specifications and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies and incidentals except those items listed as Government-furnished property.

LOCATION AND DESCRIPTION

A. Location. The locations of project units are shown on vicinity maps and subitem photo/unit information sheets furnished with this solicitation. A full map of the District will be provided to Contractor if requested. Adequate information is provided on subitem photo/unit information sheets to locate units with the use of a District map. All subitem sites are signed with a yellow “PROJECT” sign highlighted with flourescent pink flagging.

B. Access. Most thinning units may be reached by Forest roads that are accessible by standard pickup during the normal working season. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. Due to deteriorating road conditions, some units may require walking from Forest Service Roads across country or along closed or deteriorated road. Contractor shall assume responsibility for determining best access by utilizing subitem photo/unit information sheets, vicinity maps, a Forest map and personal site visits.

A portion of the units may be located behind gates locked for a variety of management reasons. Contractor will be allowed access behind these gates by arrangement with the COR and during the periods of the year that access is allowed if there is a seasonal access restriction relevant to the gate. In the case of gated access, it will be necessary for Contractor to secure from the COR the combination for the gate lock or a key for the gate, whichever is applicable. For gated roads contractor vehicle(s) shall display in the windshields official Forest Service embossed gated/closed road permits to be issued by COR. These permits shall only be valid for purposes of perfoming work on this contract and within the period of the contract.

C. Boundaries. Boundaries of units are indicated on subitem photo/unit information sheets. Clarification of boundaries, if needed, may be done by viewing color air photos on file at Monument Headquarters in Amboy, WA. In some cases boundaries or portions of boundaries have been marked with pink plastic ribbon. Many boundaries are easily delineated by roads, adjacent stands of different ages, streams or other geographical features identifiable from air photos provided on subitem photo/unit information sheets. Contractor is required to be able to accurately interpret air photos provided in this contract to determine boundaries. Contractor shall mark with flourescent pink flagging any boundary that Contractor feels is needed to assure accurate following of boundaries by their employees.

1. If needed to further locate and define boundary line, Contractor shall be able to proficiently utilize a “Contractor supplied” mobile device with GPS capability (Global Positioning System). Upon Contractor’s request, the same electronic geographic information used to establish unit boundary lines on sub-item photo/unit information sheets can be made available to Contractor for downloading to Contractor’s mobile device. This information also includes specific Latitude/Longitude points useful for efficiently locating the project site.

2. For purposes of verifying Contractor’s complete thinning to boundary lines indicated on sub-item photo/information sheets, the Forest Service will use mobile devices with the same electronic information made available for download to Contractor’s mobile devices. For reference, the electronic files utilized by Forest Service and made available to Contractor are known as ”Georeferenced PDF” files.

D. Density. The density of trees on units vary to a large degree from unit to unit and within units. Only by on-the-ground examination can prospective Contractors determine the work entailed in thinning and slash disposal. Stand examination data, if available, may be reviewed at the National Volcanic Monument Headquarters upon request.

MOTORIZED EQUIPMENT

A. 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 approval of the Contracting Officer.

SELECTION OF LEAVE TREES

The Contractor shall select leave tree in the following order of priority:

1. Tree Diameters. Leave all trees (both conifer and hardwood), which exceed the maximum dbh cut limit as specified on the project map/unit information sheet.

2. Tree Health. Leave the healthiest tree. Leave trees shall generally be those tallest in height, largest crown and straightest stems that are free of damage due to insects, disease, physical, or mechanical causes.

3. Tree Height. Leave the tallest tree.

4. Minor Damage. If no healthy undamaged tree exists at the required spacing interval, leave a tree with minor damage

5. If no healthy tree with minor damage exists, leave the most healthy tree present, within spacing limits.

B. Leave Tree Spacing. Spacing may be varied up to 25 percent to select the most desired tree. However, leave trees per acre, using spacing guides, shall not be materially increased or decreased.

C. Overtopping Brush Cutting Required. Cut only that brush which is within the specified average spacing distance from the bole (trunk) of the nearest leave tree, measured horizontally, whose height exceeds the top whorl of branches of the nearest leave tree.

D. Red Alder and Black Cottonwood

1. Red Alder and Black Cottonwood are to be considered as a possible leave tree on all subitems.

STREAMS AND WET AREAS Streams and wet areas require a fifteen foot (15') riparian buffer. No thinning is allowed within riparian buffers. The Contractor shall establish the boundaries using horizontal measurement.

A. Identified Riparian Areas. Location of known streams and wet areas are shown on the project maps. Units with known riparian areas are designated on the project map/unit information sheet.

B. Unidentified Riparian Areas. Location of known streams and wet areas are shown on subitem photo/unit information sheets. Discovery of additional streams or wet areas by the Contractor shall be promptly reported to the Forest Service.

1. Contractor shall immediately notify the Forest Service if disturbance occurs to any site, and immediately buffer the stream or wet area fifteen feet (15').

2. If other such streams or wet areas are discovered, the Forest Service may modify this contract to provide additional protection regardless of when such facts become known.

C. Riparian Buffer Boundaries Riparian buffer boundaries are not flagged. All riparian buffer distances shall be established using horizontal measurement.

1. Stream Buffer The riparian buffer consists of the stream and the area on each side of the stream extending from the edge of the active stream channel to a horizontal distance of fifteen feet (15').

2. Wet Area Buffers Riparian buffers consist of the body of wetland and the area to the edge of the standing water to a horizontal distance of fifteen feet (15').

CUTTING METHODS

A. Stump Height - Removal of Live Limbs. All trees other than leave trees shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the cutting point shall be removed. Trees shall be completely severed from the stump. Stump height shall not exceed 8 inches above ground level or 4 inches above natural obstacles.

B. Felling. Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, road buffers, streams, and riparian buffers. Any trees falling in such areas shall be removed.

C. Thinning slash shall be placed on or near the ground surface, so that it will not lean against or be suspended by an uncut tree. Should cut trees hang up in leave trees, they shall be pushed or bucked down until they are on the ground surface.

GIRDLING

A. The Contractor may as an option girdle any cut tree over 8 inches dbh rather than cutting except as specified in subitem photo/unit information sheets. Girdle cuts shall be below maximum stump height and all live limbs. A girdle consists of cutting through the bark and cambium to the sapwood at least 1/2 inch wide, completely around the trunk of the tree. Girdling will not be permitted within the slash disposal areas.

ROAD BUFFERS

A. No cutting of trees is permitted 25 feet from selected roads as identified in the subitem photo/information sheets "Road buffer required."

B. Road Buffer Boundaries

1. Road buffer boundaries are not flagged. The Contractor shall establish the boundaries as indicated on project maps.

2. Buffer distances from roads shall be measured from the drivable edge of roads and turnouts using horizontal distance.

SLASH DISPOSAL

A. Slash disposal in this contract includes treatment of cut materials as prescribed in the subitem photo/unit information sheets. No slash shall remain on road, within ditch line, or in culverts. Units may require pullback, chipping or a combination thereof. Where roadside chipping or pullback operations occur, residue from those operations shall be removed from the road surface and scattered back into the thinning sub-item. See subitem photo/unit information sheets for unit specific information. All distance specifications are horizontal distance.

B. Slash Disposal Schedule. Slash disposal, where required shall be completed during the contract period and within one week of creation of the slash, whichever is sooner.

CONTRACTOR OBLIGATIONS

A. Furnish all supplies, materials, tools and equipment, plus labor, supervision and travel to do the required work.

B. Immediately notify the Contracting Officer of any conditions encountered that are either beyond the scope of the contract or that prevent normal progress of work.

C. Keep the Contracting Officer currently informed of the work schedule and physical location of his work force to permit ready location and timely inspection of accomplished work.

D. The Contractor shall not cut or disturb trees or markers used to identify property lines, property corners, or subitem boundaries.

PERIOD OF CONTRACT - Contract Time and Estimated Start Work Date:

A.

Bid Thinning Estimated Contract Time Approximate Average Item Acres Start Work (Calendar Days) Daily Progress (acres)

1 795 July 12, 2021 85 9.35

B. Contract time for thinning will be accounted for on a calendar day basis, including Saturdays, Sundays, and holidays, and will run continuously from the effective date of the Notice to Proceed to the date of completion of the work.

C. Adjustments in contract time will be made for seasonal habitat restrictions, loss of work time due to Industrial Fire Precaution Class III or IV days and loss of work time as a result of loss of access by season ending snow fall.

D. Units shall be thinned in accordance with the order of preference that may be established by the Contracting Officer.

WILDLIFE CLOSURE

A. Spotted owl habitat restrictions restrict use of motorized equipment from March 1st through June 30th in units designated “SEASONAL OPERATING RESTRICTIONS” on subitem photo/unit information sheets.

WINTER RECREATION ROAD CLOSURES

A. Road access to some sub items may be affected by winter recreation closures. Most of these roads are not gated. These roads are closed to highway vehicles from December 1 to March 30th, though this may be waived if there is no snow. Units located on roads closed for winter recreation are indicated as “WINTER ROAD CLOSURES” on project photo/unit information sheets.

VOLCANIC ASH

A. Contractor may encounter volcanic ash in varying amounts on all subitems.

CAMPING

A. The campsite must be preapproved by the Contracting Officer prior to setting camp.

B. It is the responsibility of the contractor to be aware of and adhere to all restrictions of use inside and outside of the legislated Monument. These restrictions may be acquired from the Contracting Officer.

C. If trailers are approved for use, they must be fully self contained. Tent campers must supply a chemical toilet, self contained and flyproof.

D. All human waste, sewage, and litter must be packed out from the camp site and disposed of at appropriate disposal sites.

E. Water pollution causing materials must be stored away from any water sources.

F. No disturbance of soil or vegetation is permitted.

G. Camp must be set up at least 300 feet from any water source.

H. Construction of shelters or structures is not permitted at the camp site.

I. Campfires will be permitted only in areas cleared of flammable material. A shovel, axe, and bucket are required at the camp site at all times. Permission to build campfires may be suspended whenever the fire hazard warrants.

J. Open fires may be subject to restrictions during high fire danger, state closures and USDA Forest Service closures. Contact the Monument Headquarters at 360-247-3900 or the Gifford Pinchot National Forest fire precaution message at 360-891-5144 for updated information.

K. Firewood shall be cut only from down, unmerchantable timber and for camp use only. Firewood cutting is not permitted inside the legislated National Volcanic Monument.

L. The approved camp site area will be maintained to present a clean, neat, and orderly appearance and is subject to inspection at any time by the Contracting Officer.

M. All equipment and supplies shall be removed and the camp site returned to its natural condition upon departure.

N. Allowing of pets on site must be pre-approved by the Contracting Officer before the camp is set up. If pets are authorized, they shall be on a leash and under the control of the owner at all times.

O. Parking shall be restricted to areas approved by the Forest Service.

P. All butane, propane, or other liquified-petroleum-gas equipment shall be installed and operated in accordance with the laws and regulations of the State and County.

Q. The contractor is to notify the Contracting Officer when vacating the camping site so that an inspection may be made.

R. Camping authorization may be revoked by the Contracting Officer for failure to comply with any of the above conditions.

DEFINITIONS

A. Average Spacing - The average of the distance between all leave trees necessary to provide the desired number of leave trees per acre.

B. Buffer Areas - An area located inside of a subitem that no cutting is allowed. Boundaries are not marked.

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

D. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to Section I, requiring work to be performed within the general scope of the contract.

E. Contracting Officer - 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 his authority.

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

G. Contract Time - The number of calendar days allowed in the contract for completion of the contract work.

H. Cull Trees - Those conifers and hardwoods, not selected as leave trees, having serious disease, insect, weather, animal, or mechanical damage and evidenced by such things as dead or broken tops, bark damage extending 2/3 or more of the circumference, excessive crooks or lean.

I. Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars.

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

K. Excess Trees - Uncut trees that do not meet leave tree specifications and should have been cut. Trees not severed from the stump, hung-up trees, stumps with live limbs, stumps higher than specified, trees not girdled or not girdled properly if required are also considered excess trees.

L. Forest Supervisor - The person responsible for administration of a National Forest, including his authorized representative.

M. General Provisions - Those provisions of an administrative nature applicable to the contract.

N. Girdling - A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

O. Hung-up Tree - Any cut tree suspended more than 3 feet off ground.

P. Healthy Tree - The greenest, tallest, straightest stem which is free of disease, insect, weather, animal, or mechanical damage.

Q. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the contractor's employees.

R. Leave Trees - Any tree that is selected or required to be left standing as provided in the specifications.

S. Lopping - Cutting limbs from trunks of trees.

T. Minor Damage - Crooks in the trunk which are offset less than 3 inches from the long axis and within 13 feet of the ground, no forks, broken top, or bark damage extending more than 1/4 the circumference of the tree.

U. Missing Leave Trees - Those trees cut that should have been left.

V. Monument Ranger - The person responsible for administration of the Mount St. Helens National Volcanic Monument, including his/her authorized representative.

W. Riparian Area - Area with distinctive soils and vegetation between a stream or other body of water and the adjacent upland. It includes wetlands and those portions of floodplains and valley bottoms that support riparian vegetation.

X. Slash - Limbs and trunks of downed trees.

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

Z. Specifications -That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

AA. Stream - Permanently flowing drainage feature having a definable natural channel and evidence of annual scour or deposition. Perennial streams have water present year-round.

BB. Stream Channel - An area associated with streams which shows annual scouring and deposition of materials caused by the movement of the water. Usually void of growing brush, trees, and other woody plants. Water may or may not be present.

CC. Subitem - A pay item designated on the bid schedule and described by a specification.

DD. Wet Areas - Areas that are inundated by surface water or ground water with a frequency sufficient to support, and under normal circumstances do or would support, a prevalence of vegetative or aquatic life that require saturated or seasonally saturated soil conditions for growth and reproduction. Wet areas generally include, but are not limited to, swamps, marshes, bogs, and similar areas. Some examples of vegetation that may be present, but are not limited to, devil's club, cattails, and sedges. Standing water is present year-round.

SUBITEM NUMBERS

A. Subitem numbers found on SCHEDULE OF ITEMS correspond to and are the same as subitem numbers on subitem photo/unit information sheets and yellow project signs posted at project sites.

3. SPECIFICATIONS

None.

4. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

THINNING INSPECTION PROCEDURE

A. The Contracting Officer will make periodic inspections of the work for compliance with technical specifications. The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

B. Initially, walk-through visual inspections of each completed subitem will be conducted to determine compliance. Where visual inspection of a subitem indicates the need to determine percentage of compliant work for pay determination or rework purposes a series of 1/20th acre plots distributed over the entire Subitem sufficient to yield at least a one percent sample of each subitem will be taken. Plot centers will be marked and numbered where plots are taken.

C. When sample plots are taken each plot will be examined to record findings on the items listed below: (#) refers to “Thinning Inspection Sheet” columns

(2) Number of leave trees that should have been left (based on spacing and tree availability).

(3) Number of trees that were left.

(4) Number of satisfactory (appropriate) leave trees.

(5) Number of deficient (missing) leave trees: (2) - (4)

(6) Number of excess trees (trees that should have been cut) plus those that were cut improperly (e.g. partial cut, hung-up, high stump, and stump with live limbs): (3) - (2) + cut improperly

D. Upon inspection of all plots for a Subitem, the quality of thinning shall be calculated as follows:

# of deficient trees (5) + # of excess trees (6) 100% - ______________________________________ % + 5% (Variation) = Quality %

# of leave trees that should have been left (2)

E. Acceptance of work for a sub item is based on either a positive visual inspection or when sample plots average 90% or better quality.

REWORK AND REINSPECTION AFTER REWORK

A. When inspection quality is less than 90% and it is due to excess trees, acceptance will not be made until the excess trees have been corrected. Inspections after rework will be made in the same manner as the first inspection but with different plot locations. If inspection quality less than 90% is due to deficient trees, partial payment may occur.

The Contractor shall bear the cost of inspections necessitated by the rework.

REINSPECTION OF THINNING UPON CONTRACTOR REQUEST

A. If the original inspection results are unacceptable to the Contractor and a second inspection is requested without rework, the same inspection procedure will be used. However, the inspection pattern will be shifted. If the second inspection shows less than 5 percent variance from the first inspection, the Contractor shall bear the cost of the second inspection. The result of the second inspection will be used in determining payment. Requests for reinspection shall be made in writing.

B. If the second inspection shows more than 5 percent variance from the first inspection, the Government will bear the cost of the second inspection. The result of the second inspection will be used in determining payment.

INSPECTION OF SLASH TREATMENT

A. Slash treatment will be visually inspected to determine compliance with any technical specifications that are noted on the sub-item photo/information sheets. Slash treatment must be fully completed prior to payment for any subitem.

5. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work. Progress invoices must have prior inspection and acceptance before Government approval.

6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be conducted by program personnel on site. Visual inspection that work has been completed and quality issues pertaining to the Contractor’s Quality Control Plan shall be documented for file of record. All notes, deficiencies, Notices of Noncompliance, shall be kept on file at the local duty station. Digital copies of all records shall be scanned and routed to the Contract Officer for the award administration.

7. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this…