12444322Q0042 RFQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

RUTLAND VT 05701-2417

231 NORTH MAIN ST

GREEN MOUNTAIN NATIONAL FOREST

1684 CODE 16. ADMINISTERED BYCODE

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR4443

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

May 30, 2022 @ 2359802-747-6752DERICK YARA (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12444322Q0042

5. SOLICITATION NUMBER

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

1 35 1067447OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ROCHESTER VT 05767

ROCHESTER VT 05767

US FOREST SERVICE USDA

DISTRICT RANGER 05

15. DELIVER TO

ATLANTA GA 30309-2449

STE 876S

1720 PEACHTREE ST NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA EAST 5

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 08/01/2022

0001 Green Mountain NF FY22 Timber Stand Improvement & Site Preparation

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

May 12, 2022 x 100 x

115310

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

35 2 of

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Period of Performance August 1, 2022 -December 15, 2022

FY 22 TIMBER STAND IMPROVEMENT & SITE PREPARATION CONTRACT

GREEN MOUNTAIN NATIONAL FOREST

PART I - THE SCHEDULE

Number Description Quantity Unit Unit Price Amount

Item 0001- Rochester/Manchester Ranger Districts

0001AA Albee Unit 5 22 Acres $_______ $_______

0001AB Albee Unit 6 24 Acres $_______ $_______

0001AC Albee Unit 7 42 Acres $_______ $_______

0001AD Camp 5 Unit 3 23 Acres $_______ $_______

0001AE Souphouse Unit 10 22 Acres $_______ $_______

0001AF Souphouse Unit 9 15 Acres $_______ $_______

0001AG Bully Brook Unit 6 27 Acres $_______ $_______

0001AH Bully Brook Unit 4 6 Acres $_______ $_______

Total Line Item 0001 181 Acres Total Quote $_______

Item 2 Manchester Ranger District (Somerset Area)

0002AA C096 S028 24 Acres $_______ $_______

0002AB C096 S022N 15 Acres $_______ $_______

0002AC C096 S022S 22 Acres $_______ $_______

0002AD C099 S038 12 Acres $_______ $_______

0002AE C099 S024E 13 Acres $_______ $_______

0002AF C099 S024W 9 Acres $_______ $_______

0002AG C099 S037 11 Acres $_______ $_______

Total Line Item 0002 105 Acres Total Quote $_______

Description of Requirement

Performance Work Statement

FY 22 TIMBER STAND IMPROVEMENT & SITE PREPARATION CONTRACT – GREEN

MOUNTAIN NATIONAL FOREST

General Information

It is the intent of this solicitation and any resulting contract to secure services for timber stand improvement (crop tree release) and site preparation treatments.

Item 0001 shall include site preparation work for natural regeneration (tree felling) and any resulting required slash disposal work.

Item 0002 shall include timber stand improvement (tree felling) and any resulting required slash disposal work.

The Contractor shall furnish tools, labor, equipment, and supervision unless otherwise provided herein.

Location and Description

The project locations are on the Rochester and Manchester Ranger Districts of the Green Mountain National Forest. Work locations will be shown on vicinity and unit specific maps.

Item 0001

These units are timber sale units harvested within the last year. Harvest activities included clearcut, single tree selection, group openings, shelterwood, and improvement harvests. Unit boundaries are identified with orange paint or pink paint. Boundary trees have two or three strips of orange or pink paint facing into the unit and the unit number painted in orange or pink, facing into the unit.

Item 0002

These units are flagged with blue flagging. They are predominantly sapling to pole sized hardwood-dominated stands that were harvested between 1980 and 2001.

Delivery Details/Period of Performance

Time of Performance

The period of performance is August 1, 2022 through December 15, 2022. Note additional timing restrictions on all of Item 0002, in the Somerset area.

Work Progress Schedule

Upon contract award, the Contractor shall be required to present a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Government. The plan should present when the Contractor intends to start and complete the bid items on each of the Districts and how many crews will be working at one time.

The schedule may be modified during the course of the contract when conditions warrant if approved by the Government.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how they intend to complete the project on time and in compliance with all contract requirements.

Definitions

COMMERCIAL HARDWOOD or SOFTWOOD – Those tree species for which there is a current or anticipated market, including but not limited to northern red oak, black cherry, sugar maple, yellow birch, paper birch, aspen, eastern white pine, red spruce, balsam fir, and eastern hemlock.

CROP TREE – Desirable tree left in the stand after TSI activities. A crop tree is one that exhibits desirable characteristics that help meet management objectives, has the ability to respond to treatment and can remain competitive for many years.

CUT TREE – A tree according to the specifications defined in each item that shall be cut.

DBH (DIAMETER BREAST HEIGHT) – Diameter of the trunk of the tree measured at 4-1/2 feet above the ground level on the uphill side of the tree.

LEAVE TREE – Any tree that is required to be left standing as provided in the specifications.

LIVE CROWN RATIO – The ratio of living crown to a tree’s height, expressed in percent. See Exhibit D.

LOP AND SCATTER - To cut limbs from the trunks of cut trees, and move and rearrange slash concentrations to achieve a slash depth required in the contract.

NON-COMMERCIAL HARDWOOD or SOFTWOOD – Those tree species for which there is no known or anticipated commercial market; e.g.: striped maple, pin cherry, gray birch, etc.

RELEASE – the act of freeing a young stand of desirable trees from competition of undesirable vegetation that suppresses or threatens to suppress them.

RELEASE (AREA) – Release thinning which removes competing crowns from crop and reserve trees on a minimum of 3 sides for a distance of 5 feet on each side with a target of 50 trees per acre released.

RESERVE TREE – A tree designated to be left.

SLASH – Limbs and trunks of downed trees.

SNAGS – standing dead trees.

SUBORDINATE – a tree adjacent to a crop tree where the crown does not extend above the midpoint of the crown of the crop tree.

TREE CROWN - the living branches of a tree

CONTRACTOR REQUIREMENTS

FELLING SPECIFICATIONS – ALL BID ITEMS

The Contractor shall adhere to the following specifications for all projects involving tree felling unless there are specific supplemental specifications:

• No trees outside designated unit boundary shall be cut

• No trees exceeding 8.0 inches DBH shall be cut unless specified otherwise.

• No boundary trees marked with paint or flagging shall be cut.

• All snags shall be left unless required to fall for safety concerns.

• Apple, oak, butternut, mountain ash, hawthorn, American and hop hornbeam, and serviceberry (shadbush) if present shall not be cut.

• Trees that cannot be felled safely or without crossing a property line should be girdled and left standing.

• All treated stumps shall not exceed 12 inches in height above ground and shall be cut below the lowest live limb unless obstructed by natural obstacles. If stem is obstructed by natural obstacles, then stumps shall be cut to a maximum of 4 inches above these obstacles.

• Trees in sprouts (multiple stems) will be cut as close to the ground as possible.

• Trees required to be cut shall be completely severed from the stump.

• The cut angle of stumps shall be cut level (not to exceed 20 percent from horizontal).

• No cut trees shall be suspended above the ground. No tops shall be left hanging in standing trees.

• Cut trees that are hung up above ground shall be cut or pulled down. NO CUT TREES

THAT ARE HUNG UP WILL BE ACCEPTED. ALL CUT TREES MUST BE ON THE

GROUND REGARDLESS OF THE AMOUNT OF BUCKING/LIMBING REQUIRED.

• Annuals such as grasses, sedges, ferns, are not required to be cut.

• Trees for cutting will be felled with axe, chainsaw or brush saw.

• Contractor will exercise caution and care in all operations to minimize damage to leave trees.

• Contractor shall not cut any trees that have bird nests in them.

SLASH REQUIREMENTS – ALL BID ITEMS

The Contractor shall adhere to the following specifications for ALL BID ITEMS involving slash disposal unless there are specific supplemental specifications:

• Slash created by the contractor's operation shall be removed from road surfaces and ditches, trails, power lines, culverts, and stream courses.

• In units containing a designated trail, all slash must be removed 5 feet on either side of the trail’s edge, within 25 feet of trails slash must be lopped and scattered to a height no greater than 2 feet off the ground.

• In units that are adjacent to private land that appear on subunit maps, lop and scatter slash within 25 feet of private land boundary. If trees are accidentally felled into private land, the boles and slash must be removed and placed back into the contract unit.

• Slash shall be pulled back 15 feet from the edge of Local or Maintenance Level 3 and higher roads that appear on item maps, within 100 feet of roads slash must be lopped and scattered to a height no greater than 2 feet off the ground.

• No slash may be left hanging in trees. All cut trees must be on the ground regardless of how much bucking/limbing must occur.

Item Supplemental Specifications

Item 0002 Timber Stand Improvement (Crop Tree Release)

The Contractor shall release all available crop trees (up to 50 trees per acre), by felling cut trees based on the following criteria.

Selection of Crop Trees:

• Crop trees will be trees that:

1. are relatively straight-stemmed,

2. have well developed crowns (evenly distributed around the circumference, live crown ratios exceeding 30 percent [Exhibit D]),

3. have no low forks or heavy branching within the bottom 10 feet.

4. be healthy and vigorous with no disease or decay visible. Minimal defect that has healed or is healing is acceptable

5. and will be a codominant or intermediate tree crown (Exhibit C).

• Crop trees are reserve trees and shall not be cut.

• Crop tree species preference is as follows (trees are listed in order of higher preference): red or white oak, sugar maple, yellow birch, black cherry, white pine, red maple, red spruce, and paper birch. No other species should be considered crop trees.

Cutting of Cut Trees:

• Cut trees are:

1. In contact with the canopy of the crop tree

2. Approximately equal to or greater than in height of the crop tree

3. And 1-8” DBH

• The crown of the crop trees will be released for a radius of five feet on at least 3 sides (Exhibit A and Exhibit B).

• Trees that meet the criteria of a crop tree shall not be cut

Item 0002 – Site Preparation

• The contractor shall cut all cut trees and reserve and protect all undamaged, healthy, softwood and hardwood trees of good form and health.

• Cut trees are:

1. non-commercial species (excluding trees listed in felling specifications)

2. damaged (bent or broken) trees

3. leaning or poorly formed trees

4. trees with visible insect or disease infestation, including, but not limited to Beech bark disease, Black Knot, and White Pine Blister Rust.

5. And 1-8” DBH

Contractor’s Key Personnel The Contractor’s onsite representative shall be fully conversant in the English language, spoken and written, sufficient to read and understand the contract, and communicate effectively with the

COR.

The Contractor’s employees performing felling shall be able to identify commercial and non-commercial hardwoods and conifers, common diseases and decay present in northern hardwood stands, and be able to identify suitable crop trees per the definitions in this contract.

Special Requirements

Items: 0002AA, 0002AB, 0002AC, 0002AD, 0002AE, 0002AF, 0002AG (All Somerset Area Units) Timing restriction: NO operations allowed during April 1 – August 31st.

ATV/UTV Access - Access to treatment units on OM Level 1 roads using All Terrain Vehicles (ATV) or Utility Terrain Vehicles (UTV) less than 50 inches wide may be granted upon request.

ATV or UTV equipment shall be made available for inspection to the COR prior to first use on the Green Mountain National Forest, and subsequently each time it leaves the Green Mountain National Forest and is returned. ATV or UTV equipment will only be allowed access on OM Level 1 roads if it is free of dirt and vegetative debris. OM Level 1 roads are indicated on item maps.

Signage – Signs will be used where crews are working near a road, trail, or other feature in which the public may be present. Signs should read “Tree Work Ahead” or equivalent and be 36” x 36” in size.

Nests - Should a nest be found in any unit of the contract items, at any time during the contract term, the contractor shall flag the tree and write “nest” on the flagging and shall not cut the tree.

Additionally, if the nest exceeds 1 foot in diameter or a raptor is observed using the nest the contractor shall immediately stop work in the unit, take a GPS point at the location the nest or where the raptor was observed and notify the COR.

Notification - Contractor is required to notify the COR prior to starting work on any item. The contractor shall also notify the Contracting Officer at least monthly of the progress being attained on this project. This notification can be either oral or written.

Measurement - Method of Measurement, area computation was done with a hand held GPS unit used for locating timber sale units or stands. Re-measurement - Request for re-measurement must be in writing. If a re-measurement indicates a variance greater than + or - 10 percent, the Government will pay for the re-measurement and payment for the work made on the basis of the re-measurement. If re-measurement shows a variance within + or - 10 percent of the predetermined acres, the cost of the re-measurement will be deducted from the contract amount.

Safety Equipment and Operations - Contractors must comply with all OSHA standards related to contract work. Failure to use proper personal safety equipment or non-compliance with safe operating procedures, as outlined by OSHA, will result in a work stoppage.

Road Use and Maintenance - All roads leading into each project area to be worked are to be kept open and free of any debris that may occur as a result of the work. All existing roads used by the Contractor shall be left in the same condition, or better, as when the operation started.

Prior to the start of work, the Contractor and COR will review and document existing road conditions to provide a basis for maintenance needs.

Quality Control Plan – Contractors must develop and follow a quality control plan to monitor and document the performance of their own work. Measures monitored and documented in the quality control plan should follow the performance requirement measures and all special requirements. Quality Control Plan monitoring documentation shall be made available to the COR at the request of the COR.

Performance Requirement Measures

The COR or inspector will make visual inspections of each project area to check for compliance with contract specifications. The COR may make random or periodic inspections. In addition to the Special Requirements section, the following items will be considered as being in non-compliance:

• Specified trees cut: 95% of work accomplished for each item should include all specified trees cut as specified.

• Slash treatment not complete: 95% of completed work for each item should include proper treatment.

• Stump height and criteria: 95% of completed work in each item shall exhibit stumps of the heights and criteria as specified in the specifications.

• Selection and Protection of reserve or crop trees: 95% of completed work in each item shall exhibit only the specified items cut, 95% of suitable crop trees selected and released.

For work under each item that is not in compliance with the performance thresholds and cannot be reworked a 2% disincentive will be subtracted from the total value of the item.

Supplemental Exhibits (reproduced from Miller et al 2007, Technical Guide to Crop Tree Release In Hardwood Forests, 2010 FIA Field Guide):

Exhibit A. Crop Tree Release Above View:

Before: After: “3 Side Release” (5 feet min. release distance)

Exhibit B. Crop Tree Release – Side View:

Canopy Side View Before Crop Tree Release

Canopy Side View After Crop Tree Release Note: subordinate trees have not been cut.

Exhibit C. Canopy position of Crop Tree and Cut tree for Crop Tree Release

Exhibit D. Live Crown Ratio

Live crown ratio = (x/y * 100), minimum of 30 required for crop trees.

Canopy position not suited for crop tree

Canopy position of Suitable Crop Tree

Canopy position not suited for crop tree or cut tree

Quality Assurance Surveillance Plan (QASP)

FY 21 TIMBER STAND IMPROVEMENT & SITE PREPARATION CONTRACT – GREEN

MOUNTAIN NATIONAL FOREST

Introduction This plan describes the methods used to measure performance and evaluate whether the contractor is meeting the performance standards identified in the PWS.

QASP Revisions The Contracting Officer Representative (COR) may make revisions or changes to the QASP procedures and surveillance methods or increase or decrease the degree of surveillance methods at any time during the contract performance period. Changes to the Metric must be incorporated into the PWS and QASP by a bilateral modification to contract that is issued by the Contracting Officer (CO). A copy of the QASP is provided to the contractor to enable the contractor to enhance its Quality Control (QC) program to perform in accordance with its Quality Control Plan (QCP).

Surveillance of Performance Progression As the performance period progresses, the levels of surveillance may be altered for service areas where performance is either consistently excellent or unsatisfactory. If consistently good performance, then the amount of surveillance may be reduced. If observations reveal consistent deficiencies, increased surveillance may be implemented.

QASP Relation to the QCP The contractor’s QC program and the residual organization’s QASP should be complementary programs that ensure successful contractor performance.

Performance Standards and Acceptable Quality Levels (AQLs) The contract requires the Contractor to perform all work as specified. Any inaccuracies or omissions in services or products are referred to as “defects” on the part of the Contractor. The Contractor shall be responsible for all identified defects and may be required to perform the work at no cost to the government. The AQLs take into account that in some instances an allowable level of deficiencies (deviations) is possible while overall performance continues to meet the government’s desired level of service.

The COR or inspector will make visual inspections of each project area to check for compliance with contract specifications. The COR may make random or scheduled inspections. In addition to the Special Requirements section, the following items will be considered as being in non-compliance:

• Specified trees cut: 95% of work accomplished for each item should include all specified trees cut as specified.

• Slash treatment not complete: 95% of completed work for each item should include proper treatment.

• Stump height and criteria: 95% of completed work in each item shall exhibit stumps of the heights and criteria as specified in the specifications.

• Selection and Protection of reserve or crop trees: 95% of completed work in each item shall exhibit only the specified items cut, 95% of suitable crop trees selected and released.

Allowable Deviation The AQLs define the level or number of performance deficiencies the Contractor is permitted to reach under this contract. AQLs take into account the difference between an occasional defect and a gross number of defects. AQLs can be expressed as a percentage of or as an absolute number (e.g., three per month). There may be instances where 100 percent compliance is required, and no deviation is acceptable (e.g., where safety is involved).

Substantially Complete In some cases, service outputs are evaluated using subjective values (e.g., excellent, satisfactory, unsatisfactory). The criteria for acceptable performance and for defects must be defined for these service outputs. The concept of “substantially complete” should be the basis for inspections based on subjective scales. Work is considered “substantially complete” where there has been no significant departure from the terms of the contract and no omission of essential work. In addition, the Contractor has performed the work required to the best of its ability and the only variance consists of minor omissions or deficiencies.

Non-Performance Non-performance occurs when the contractor’s performance does not meet the AQL for a given requirement. Requirements may contain multiple performance elements, and therefore, deficiencies may occur in one or more aspects of performance (e.g., timeliness, accuracy, completeness, etc.) or subject areas of effort.

When surveillance indicates that the contractor's service output is not in compliance with the contract requirements, the Contracting Officer’s Representative (COR) must determine whether the Contractor or the Government caused the deficiency. If the cause of the defect rests with the Government, corrective action must be taken through Government channels. If the cause of the defect is due to action or inaction by the contractor, the contractor is responsible for correction of the problem at no additional expense to the Government.

Documentation Documentation of work non-performed or unacceptable work is essential for tracking Contractor performance. The COR will document deficient work by compiling facts describing the inspection methods and results and to substantiate nonconformance with the contract. A sample documentation reporting form is provided in Appendix 1 – Inspection Report. The documentation, with any recommendations, will be forwarded to the CO. In the case of the Contractor, the COR will decide whether to elevate the problem to the CO for corrective action.

Remedial Actions The Federal Acquisition Regulation allows for penalties in the event that the Contractor fails to perform the required services. Penalties are defined as those actions taken under the direction of the CO against the contractor within the general provisions of the contract for nonconformance to the PWS and PRS.

CONTRACTOR RESPONSIBILTY

The Contractor is responsible for delivering products or services in accordance with the contract.

Implementing its QCP, which describes the Contractor’s methods for ensuring all products and services under the contract meet established performance standards and AQLs. Maintaining, and providing for audit, quality control records and reports and all records associated with the investigation and complaint resolutions. Appointing a single quality control point-of-contact to act as a central recipient of communication from the COR or CO.

GOVERNMENT RESPONSIBILITY

Contracting Officer (CO) The CO is responsible for administering and monitoring contract compliance, contract administration, and cost control and for resolving any differences between the observations documented by COR and the contractor’s performance. The CO may delegate various day-to-day contract administration duties to a Administering ACO (ACO) and/or the COR for performance management and administrative actions such as invoice approval and issuance of Contract Discrepancy Reports may be, and normally are, delegated by the CO to the COR. The CO shall approve any revisions to the QASP processes or standards.

Contracting Officer Representative (COR) The COR, is designated in writing, by the CO. The COR will ensure that the QA function is properly executed, plays a key role in contract administration and performs the contract surveillance and monitoring. Some key contract administration duties include, but are not limited to, performs surveillance as required by this QASP; make recommendations to the CO for issuance of Contract Discrepancy Reports or letters of commendation and acceptance or rejection of completed work and for administrative actions based on unsatisfactory or non-performed work, and revisions or changes to the QASP; and assists the CO in identifying necessary contract modifications and preparing reports of Contractor performance and cost.

The COR may use the form(s) included in the Appendices to perform the inspection or other forms as approved by the CO. The Contractor overall guidance is also provided by FAR clause

48 CFR § 52.246-4.

SURVEILLANCE METHODS

The surveillance methods used in the QA process are the Government’s tools to monitor the Contractor’s products and services. The best means of determining whether the Contractor has met all contract requirements is to inspect the Contractor’s service products and analyze the results. Further, documented inspection results are an effective tool in contract administration that can confirm the successful achievement of all performance requirements or highlight areas where defects exist, and improvements are necessary.

Periodic Sampling

During work on a payment item, the COR may complete random and periodic samples. These samples are used to determine that compliance with Felling, Slash, Item Supplemental, and Special Requirements are being met. These inspections will consist of walk-through observations. Any deviation from contract provisions will be noted during these inspections.

Random Sampling

Prior to accepting completion of an item, the item will be sampled by the COR for completion.

The inspection will consist of a walk through of the contract item. Plots, 1/8th acre in size will be sampled in items randomly. The number of plots in each item will comprise a minimum of 10% of a treatment area less than 20 acres or 5% of a treatment area of a treatment area in excess of 20 acres. Plots will assess compliance with performance standards within the plot area. A plot that contains a measure that is out of compliance will be tallied as a non-compliance for the performance standard determined to be out of compliance.

ANALYSIS AND RESULTS

Periodic Sampling If the COR notes more than three instances of discrepancies in performance requirements during periodic samples or determines that the contractor’s work may lead to unsatisfactory performance, the COR will notify the CO and contractor’s field representative. The CO may request that work stop until the contractor develops a plan to correct the discrepancies.

Random Sampling

To determine the frequency of any observed deficiencies, any defect observed on a plot is totaled and is divided by the number of plots sampled, and then multiplied by the plot factor of 8. The quotient is multiplied by a factor of 100 to obtain the percent deficient.

[De / (number of plots * 8)]*100

For example, 4 missed cut trees were observed in a unit that had 11 plots. This results in a total deficiency of 4 which when divided by 88 (the number of plots multiplied by the plot factor) and multiplied by 100 results in a deficiency of 4.5%.

[4 / (11 * 8)] * 100 = 4.5%

This subitem would meet standards because the percentage of deficiency does not exceed 5%.

Items that meet the minimum required performance standards will be measured as successful and will be accepted. Items that fail to meet the minimum required performance standards will be measured as unsuccessful and will not be accepted.

Items that are not accepted can be reworked and reinspected in instances where the deficiency is correctable. In instances where items cannot be reworked (for example crop trees or reserve trees have been irreversibly cut) a 2% disincentive will be subtracted from the total value of the item.

Disincentives are summative by performance requirement measures. For example, a 2% disincentive in three performance requirement measures would result in a 6% deduction from the value of the item.

If the contractor’s performance on an item falls below the 80% threshold for performance measures, the work must be reworked. If the contractor’s performance on an item falls above the 80% threshold for performance measures but below the 95% threshold, the contractor may elect to rework the item until the performance measure is acceptable or opt to accept payment for the item with a 2% disincentive subtracted from the total value of the item for each performance measure which falls below the 95% threshold.

Appendix 1 – Inspection Report

CONTRACT NUMBER: ___________________________________

ITEM NUMBER:______________________ INSPECTION NUMBER:__________

SURVEILLANCE METHOD:

Periodic Sampling Random Sampling ITEM SIZE:________ SAMPLE SIZE

REQUIRED: _______

PLOT RECORD OF PERFORMANCE REQUIREMENT MEASURE DEFICIENCES

PERFORMANCE REQUIREMENT MEASURE

PLOT NO. Specified trees cut Slash treatment complete

Stump height and criteria met

Crop and reserve tree selection and protection met

Special Requirements met

TOTAL

DEFICIENCES

PERCENT

DEFICIENT

Meets Standards Does Not Meet Standards

COR/Inspector Comments:

COR/Inspector Signature: ___ Date: __

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar http://uscode.house.gov/

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021)

Addenda to 52.212-4:

(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 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(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. 3805note)).

(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 products and commercial services:

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☐ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☐ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

Contracting Officer check as appropriate.] ☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Employee Class Monetary Wage-Fringe Benefits

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 months.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Period of Performance

The period of performance of this contract is from August 1, 2022 through December 15, 2022

Insurance Coverage

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Data Rights – General

1. The contractor will treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency has unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

2. The contractor will not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

3. The contractor will not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

4. The contractor will not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

5. The Government Agency owns the rights to all data/records produced as part of this contract.

6. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor will deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

7. The contractor agrees to comply with Federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

8. No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

9. The contractor is required to obtain the contracting officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and agency guidance for protecting sensitive and proprietary information.

10. The contracting officer needs to inform contractors of their responsibilities regarding records management if the contract involves access to agency records.

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

A-1 GOVERNMENT…