Solicitation___127DF519R0008.pdf

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OFFEROR

7A86

HOT SPRINGS AR 71901

100 RESERVE STREET

OUACHITA NATIONAL FOREST

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X

X

X

115310

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RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

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NAICS:

SMALL BUSINESS

07/15/2019 1400 CT

06/14/2019

501-321-5324JAY TOBIN

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INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127DF519R0008

5. SOLICITATION NUMBER

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

1 56 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

LUFKIN TX 75904

2221 N RAGUEST STREET

NATIONAL FORESTS IN TEXAS

9. ISSUED BY

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2. CONTRACT NO.

EFFECTIVE DATE

$19.00

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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 FOREST SERVICE

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.

NATIONAL FORESTS AND GRASSLANDS IN TEXAS -

MECHANICAL HAZARDOUS FUELS REDUCTION SERVICES Per the Schedule of Items and Performance Work Statement

Period of Performance: 08/01/2019 to 07/31/2020

001 Hazardous Fuels Reduction Product/Service Code: F018 Product/Service Description: NATURAL Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JAY G. TOBIN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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STANDARD FORM 1449 (REV. 2/2012) BACK

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AMOUNT

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UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

EQUAL OPPORTUNITY CLAUSE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

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(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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56 2 of

127DF519R0008

Hazardous Fuels Reduction Services

National Forests and Grasslands in Texas

HAZARDOUS FUELS REDUCTION SERVICES

LBJ National Grassland: Wise County Caddo National Grassland: Fannin County Angelina National Forest: Angelina, St. Augustine, Jasper, Nacogdoches Counties Sabine National Forest: Sabine, Newton, Shelby Counties Sam Houston National Forest: Montgomery, San Jacinto, Walker Counties Davy Crockett National Forest: Houston, Trinity Counties

OVERVIEW

This solicitation will result in Performance Based, Indefinite Delivery - Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) as best meets the needs of the Government as determined by the awarding Contracting Officer. These contracts will have a base period, which runs through July 31, 2020 and four option years, which if exercised could extend contract performance through July 31, 2024. There is no guarantee that any options will be exercised by the Government.

Individual task orders will be competed among MATOC awardees or awarded on a single source basis, based upon project size, scope and complexity. The Government expressly reserves the right to limit competition in order to meet minimum contract obligations or as may otherwise be determined to be in its best interests. These determinations will be based on price, past performance, technical capability and schedule/availability. Priority status may be adjusted over the life of the MATOC based on performance and adherence to schedule commitments.

Prices are subject to negotiation on any task order.

These contracts will provide mechanically intenstive operations normally accomplished with heavy equipment such as fireline construction, hazardous fuels mastication, cedar shearing and piling, and brush mowing. Additionally, there may be some herbicide treatment using backpack or equipment mounted sprayers.

As used in this solicitation and any resultant contract, low density refers to less than 50% ground cover and high density refers to greater than 50% ground cover.

Fireline construction task orders may require payment bonds (over $35K) and performance bonds (over $150K).

These task orders will be issued on an SF1442 instead of an SF1449 and include additional construction specific clauses. Davis-Bacon wage determinations would apply, versus Service Contract Act.

The Government reserves the right to adjust the quantity ordered on any task order based on the availability of funds.

Offerors may quote on any or all items for one or multiple Ranger Districts. Offerors may also limit the total amount of work they might accept by addressing any such limitations in their Technical Proposal. When quoting on multiple items, offerors shall identify the priority of those items and the maximum amount of work that may be undertaken.

AUTHORIZED ORDERING ACTIVITIES: Task orders may only be issued by warranted contracting officers or purchasing agents on behalf of the National Forests and Grasslands in Texas.

SCHEDULE OF ITEMS

LBJ NATIONAL GRASSLAND

Task/Sub-task Unit Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

5.2 FIRELINES

5.2.1.1. Fireline Construction - Low Density Mile $ $ $ $ $

5.2.1.2. Fireline Construction - High Density Mile $ $ $ $ $

5.2.2.1. Fireline Reconstruction Mile $ $ $ $ $

5.3. HAZARDOUS FUELS MASTICATION

5.3.1. Mastication - Low Density Acre $ $ $ $ $

5.3.2. Mastication - High Density Acre $ $ $ $ $

5.4. CEDAR SHEARING AND PILING

5.4.1. Cedar Shearing & Piling - Low Density Acre $ $ $ $ $

5.4.2. Cedar Shearing & Piling - High Density Acre $ $ $ $ $

5.5. BRUSH MOWING W/ TRACTOR

5.5.1. Fireline Mile $ $ $ $ $

5.5.2. Open Interior Area Acre $ $ $ $ $

5.6. HERBICIDE TREATMENT

5.6.1.1 Foliar Spray Fireline (20 ft wide) Low Density Mile $ $ $ $ $

5.6.1.2 Foliar Spray Fireline (20 ft wide) High Density Mile $ $ $ $ $

5.6.2.1 Foliar Spray Open Interior Area Low Density Acre $ $ $ $ $

5.6.2.2 Foliar Spray Open Interior Area High Density Acre $ $ $ $ $

5.6.3. Foliar Spray Fenceline (2 ft wide) Mile $ $ $ $ $

5.6.4.1 Basal Bark Appl Open Interior Area Low Density Acre $ $ $ $ $

5.6.4.2 Basal Bark Appl Open Interior Area High Density Acre $ $ $ $ $

CADDO NATIONAL GRASSLANDS

Year

Option Year 1

Option Year 2

Option Year 3

Option

5.6.2.1 Foliar Spray Open Interior Area Low Density Acre $ $ $ $ $

5.6.2.2 Foliar Spray Open Interior Area High Density Acre $ $ $ $ $

5.6.3. Foliar Spray Fenceline (2 ft wide) Mile $ $ $ $ $

ANGELINA NATIONAL FOREST

Year

Option Year 1

Option Year 2

Option Year 3

Option

5.6.2.1 Foliar Spray Open Interior Area Low Density Acre $ $ $ $ $

5.6.2.2 Foliar Spray Open Interior Area High Density Acre $ $ $ $ $

5.6.3. Foliar Spray Fenceline (2 ft wide) Mile $ $ $ $ $

SABINE NATIONAL FOREST

Year

Option Year 1

Option Year 2

Option Year 3

Option

5.6.2.1 Foliar Spray Open Interior Area Low Density Acre $ $ $ $ $

5.6.2.2 Foliar Spray Open Interior Area High Density Acre $ $ $ $ $

5.6.3. Foliar Spray Fenceline (2 ft wide) Mile $ $ $ $ $

SAM HOUSTON NATIONAL FOREST

Year

Option Year 1

Option Year 2

Option Year 3

Option

5.6.2.1 Foliar Spray Open Interior Area Low Density Acre $ $ $ $ $

5.6.2.2 Foliar Spray Open Interior Area High Density Acre $ $ $ $ $

5.6.3. Foliar Spray Fenceline (2 ft wide) Mile $ $ $ $ $

DAVY CROCKETT NATIONAL FOREST

Year

Option Year 1

Option Year 2

Option Year 3

Option

5.6.2.1 Foliar Spray Open Interior Area Low Density Acre $ $ $ $ $

5.6.2.2 Foliar Spray Open Interior Area High Density Acre $ $ $ $ $

5.6.3. Foliar Spray Fenceline (2 ft wide) Mile $ $ $ $ $

PERFORMANCE WORK STATEMENT

SECTION I - GENERAL DESCRIPTION

SCOPE OF CONTRACT

The purpose of the proposed contract is to provide an array of mechanical hazardous fuels reduction services to the National Forests and Grasslands in Texas as detailed in the Schedule of Items and this Performance Work Statement.

PROJECT LOCATION

a) The program covers various Ranger Districts of the National Forests and Grasslands in Texas with headquarters in Lufkin, TX.

b) Specific locations, unit data, and maps will be supplied with each task order.

c) Acreages listed on each task order will have been determined by closed traverse, planimeter, or global positioning system (GPS). For purposes of this contract, quantities listed on each task order are considered actual acreage and not an estimate.

PROJECT ACCESS

a) The project area shall be accessed by Forest Service Roads. The Forest Service assumes no obligation to perform any special maintenance in order to keep roads open. Stands are accessible by some combination of 2- or 4-wheel drive vehicle and foot travel.

b) The National Forest’s Motor Vehicle Use Map (MVUM) for the individual Ranger Districts (available upon award) provides open road information. The Contractor will be issued a Forest Service key in order to access those roads that are seasonally closed by gates. Forest Service roads that are permanently closed by earthen berms or some other obstruction will have to be accessed by foot or, if available, UTV.

c) Contractors are subject to the same rules as Forest Service personnel regarding the use of off-road vehicles and must use only utility task vehicles (UTV) or side by sides. These vehicles differ from all-terrain vehicles (ATV) in that UTV payloads run from 800 to 1,350 pounds above the operator/passenger’s weight.

UTVs also have roll-over protection and seat belts unlike ATVs.

SALVAGE RIGHTS

No salvage rights exist under this contract.

RE-MEASUREMENT

The Contractor may at any time after issuance of a task order request re-measurement of an area in writing.

Payment will be based on the re-measured acreage, except no adjustment shall be made for less than 1 acre.

The Contractor shall pay for the cost of re-measurement if the resultant increase is less than 10 percent. Method of re-measurement will be determined by the Government.

PAYMENT

Payment for performed work will be based on actual acres completed by the Contractor and accepted by the Government.

PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT

Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, understand English, and communicate with his crews.

CONTRACTOR ACCESS

If the contractor must unlock a gate, the Contractor is required to relock the gate upon entry and egress.

EQUIPMENT CLEANING – INVASIVE SPECIES OF CONCERN

(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract or any subsequent task order.

(i) Prior to commencing work on a project, the contractor shall advise the Forest Service of previous equipment cleaning measures and make equipment available for inspection upon request. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2 day period, the contractor may proceed with work as directed by the Contracting Officer (CO).

(ii) If the contractor desires to clean equipment on National Forest land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from CO as to the location for such cleaning and measures, if any, for controlling impacts.

(b) The respective District Offices maintain a current list and maps of areas known by the Forest Service that are infested with invasive species of concern and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(c) The Contractor shall take every precaution necessary to prevent pollution of any stream. All streams shall be kept free of Contractor generated debris. Heavy equipment shall not operate within the streamside management zones as designated by the COR. The COR will designate stream crossings.

(d) Improvements such as fences, gates, property boundaries, corner monuments and trees that are marked or identified with paint, signs, tags, and/or blazes shall be protected by the contractor.

(e) Trees that are located adjacent to roads, fire lines, fences, private property, right-of-ways, or other structures and are designated for treatment shall be severed and felled so as not to damage, lean on, clog or otherwise obstruct existing structures or facilities.

(f) The contractor will notify the COR immediately of any damaged structures and repair damages that have resulted from the contractor’s operations.

(g) Tracked equipment shall be loaded or unloaded onto unimproved roads or within the area to be treated.

(h) Lead off and wing ditch structures that have been constructed for system roads shall be protected.

(i) Some treatment areas will be in very wet areas or undrained flats and will not have vehicle access; vehicles will be prohibited from those areas. It such cases, the task order will include designated parking or access routes.

(j) The Contractor shall take every precaution necessary to prevent digging, gouging and moving soil. The

Contractor shall prevent excessive rutting and compaction by operating his equipment only when suitable soil conditions exist, as determined by the COR or Inspector. The Contractor shall prevent damage to trees left standing.

CLEANING UP: The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer or their designee.

PERFORMANCE TIME: All task orders issued will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion. To facilitate timely inspections, the contractor shall provide the Government with their proposed operation schedule. The contractor shall notify the Government of schedule changes.

All work shall be performed during the time period of one-half hour after sunrise to one-half hour before sunset, Monday through Friday, unless time changes are approved by the COR or Inspector.

SECTION II - DEFINITIONS

2.1 STANDARD DEFINITIONS

TERMS MEANING

Acceptable Quality Level (AQL) The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Defective Service A unit of service which contains one or more defects, or nonconformance with specified requirements.

TERMS MEANING

Performance Requirements Summary (PRS)

Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Quality Assurance Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS)

Contracting Officer (CO) A person with the authority to enter into, and administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR)

A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

Government Inspector A Government person responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP)

An organized written document used for quality assurance surveillance that contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Random Sampling A sampling method in which each service output in a unit has an equal chance of being selected.

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

SECTION III - GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will furnish the following: Project area and vicinity maps that show the general location of the areas on each unit.

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all the equipment, supplies (including any required herbicides) and labor required to successfully accomplish the work outlined in the Performance Work Statement.

Submittals. The contractor shall provide and maintain an acceptable Quality Control Plan, Work Plan, and Safety Plan throughout the life of this contract. The contractor shall make available to the Government any records, materials, and other evidence regarding inspection, testing, and quality control for any work performed under this contract for examination, audit, or reproduction. This requirement also applies to any subcontracts under this contract. The Contractor shall notify subcontractors appropriately and insert this requirement in all subcontracts under this contract.

SECTION V - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE

STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

NUMBER/DATE TITLE AGENCY

Revision 53 Posted 03/19/19

Wage Determination Number 77-1427 State: Texas

Area: Texas Statewide Copy attached

U.S. Department of Labor Employment

Standards Administration Wage and Hour Division

June 2019 Government’s Quality Assurance Surveillance Plan (Incorporated Herein)

National Forests and Grasslands in Texas

TREATMENT STANDARDS

Service Contract Act: Provides for minimum wages and other benefits under federal service contracts. The Department of Labor is responsible for enforcement.

Davis-BaconAct: Provides for minimum wages and other benefits under federal construction contracts. The Department of Labor is responsible for enforcement.

Office of Safety and Health Administration (OSHA): Responsible for setting health and safety requirements in the multitude of industries. OSHA is responsible for enforcement.

Legal status of workers in the U.S.: The Department of Homeland Security--Immigration and Naturalization Service is responsible of reinforcing the legal status of workers in the U.S.

MECHANICAL TREATMENTS

5.2 FIRELINES

5.2.1 Construction

The work to be performed under this task is initial construction of fireline to be used during prescribed burning operations or as wildfire mitigation adjacent to private property, and may include constructing water bars and openings.

5.2.2 Reconstruction

The work to be performed under this task is reconstructing existing fireline to be used during prescribed burning operations or as wildfire mitigation adjacent to private property, and includes repairing and/or constructing water bars and openings. Many of these firelines utilize existing road templates. In addition, not all elements such as water bars and openings will require work or if work is needed, will take less time to repair to standard.

Standards

Fireline location will be designated on a map to be included with the task order.

Work will be accomplished with a dozer that has at least a 50 horsepower rating or greater and is equipped with a 6 way blade.

All vegetation and debris will be removed to bare mineral soil. Width will typically be 20 feet, but may range up to 35 feet wide; width requirements will be designated in task order.

An opening will be constructed approximately every ¼ mile. Openings will be approximately 40 feet wide by 30 feet deep. Locations will be designated on a map included with the task order.

Water bars or rolling dips will be constructed in accordance to Forest Service standard and information will be included with the task order.

Standing dead trees (snags) within two chains (132 feet) on the side of the proposed burn location will be mitigated by one of the following methods: felled mechanically or manually (chainsaw), raked or blown around for a distance of 4 feet in all directions from the base of the snag, exposing mineral soil.

Debris from line construction/reconstruction will typically be deposited 200 feet to interior of boundary line, exceptions will be designated in individual task orders.

Firelines will be constructed to facilitate use by Type-6 fire engines and UTVs during prescribed burn operations.

Fireline construction within 20 feet of a perennial stream and 5 feet of a defined channel will be done manually using hand tools and following these standards:

1. Fireline at least 4 feet wide will be cleared to bare mineral soil, constructed with hand tools such as shovel, council rake, back pack blower, etc.

2. All vegetation and debris, such as leaf litter and needle litter will be removed either to the duff layer or mineral soil as designated by the COR. Overhanging limbs will be removed to give at least 6 ft. of clearance above the fireline.

3. An additional 2 feet on either side of the fireline will be cleared of brush. Overhanging limbs will be removed to give at least 6 ft. of clearance above the ground.

4. Brush will be cut flush and as close to the ground as possible.

5. Debris will be moved to the side opposite the proposed burn location.

6. Perennial streams will be designated on a map with each task order.

5.3 HAZARDOUS FUELS MASTICATING

The work to be performed will be to reduce vertical fuels in areas with slopes less than 35 percent or along firelines, forest roads, and private property boundaries in order to decrease fuel height, improve access, and provide a fuel break for prescribed burns and wildfires.

Standards

Utilizing a front mounted heavy duty rotary cutter or mastication head that can be raised or lowered, all standing woody vegetation shall be masticated. Recommended horsepower rating for the equipment is 200 – 350 to produce desired results. Area to be masticated will typically be the first 200 feet inward of the fireline to create a fuel break.

Within Stream Zones – no mastication within 50 feet of stream. Stream Zones will be identified on a map with each task order.

5.4 CEDAR SHEAR AND PILE

The shearing operation shall be performed with a compact track loader or tractor(s) equipped with a V-type blade that will shear material instead of uprooting. The V-blade shall be sharpened by contractor as often as necessary to insure that shearing is performed properly. Recommend over 85 hp.

Standards

All standing trees and all stumps shall be sheared off at or within 6 inches of ground level except higher shearing is acceptable to avoid rocks, unless designated to remain (above).

Location of the windrows shall follow the contour.

Windrows or piles shall not be located in stream zones.

Windrows or piles must be placed at least 200ft from Fireline or treatment area boundary.

Piles shall be compact and dirt-free, with most small slash on the bottom to facilitate consumption during burning.

COR will designate whether to pile or windrow.

Operations shall not be conducted when soil moisture conditions promote rutting and compaction of soil.

Operations shall avoid the digging, gouging and moving of soil.

If needed, stream crossings shall be designated by the Forest Service representative.

Protection of RCW Cavity Trees or Eagle Nest Trees

1. Equipment shall operate no closer than 50 feet of RCW cavity and/or insert trees and eagle nest trees, unless otherwise agreed by Forest Service. Cavity trees are designated with a white and/or green painted band at eye level.

2. Utmost caution shall be applied when operating near these trees.

3. Under no circumstances are these trees to be damaged.

5.5 BRUSH MOWING (W/ TRACTOR)

All vegetation up to two inches in diameter shall be mowed to a height of six inches within the designated treatment area unless otherwise indicated by the COR.

5.6 HERBICIDE TREATMENT

Foliar Spray

Apply herbicide mix to the foliage of target vegetation as designated on maps. The herbicide mix will have a dye in it to aid in a thorough application to target leaf surfaces. Treatment will be to point of run-off. Treatment sites will be thoroughly inspected so all target vegetation is treated.

Effectiveness of treatment is reduced if applied within two hours of rainfall. Any areas treated within two hours of rainfall shall be retreated.

Foliar application of herbicides should be made only when there is little or no hazard from spray drift as directed by the label.

Basal Bark Application

Apply spray to the lower 12-15 inches of bark around the entire stem. Spray until bark is wet, but not to the point of runoff. Stems of target trees or brush are treated with an oil-based herbicide mix. Trees to treat are usually less than 6 inches in diameter. Usually backpack sprayers with a straight stream nozzle are used.

Herbicide Standards Common to All Methods of Application

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, certifications and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations in connection with the use of herbicides under this contract. This includes a State of Texas TPDES general permit. ** State of Texas Pesticide Applicator Certification is Required**

The contractor shall apply herbicides in accordance with the label directions and Worker Protection Standards

(WPS).

Herbicides used on this project shall be logged on the Pesticide Use Log Sheet to be provided with individual task orders as required.

DO NOT apply herbicide within 100 feet of private land, within 100 feet of a private residence, or 35 feet of open water unless otherwise notified by COR. Any herbicide applied within 35 feet of open or flowing water must be labelled for aquatic use.

Herbicide Spills - Contractor shall be responsible for all costs of damages, clean-up, and decontamination should a herbicide spill occur. COR shall be notified immediately of any herbicide spill or accident. The Forest’s spill plan is attached.

All empty herbicide containers shall be triple rinsed on the application site and allowed to air dry. Dry containers shall be punctured and returned to the locations designated by the COR for disposal. Wastewater from triple rinsing shall be added to spray mixture.

Standards Applying to All Tasks

Do not cut, mulch, rearrange or scatter fuels where they will impede water flow from lead off or road ditches.

Keep trees from falling on private property. Any damages caused by the contractors to private lands such as but not limited to cutting or falling trees on private property will be repaired by the contractor, and all associated cost will be paid by the contractor.

All debris/trash generated by the contractor will be removed from Forest Service land as work progresses.

Stay out of wing ditches, lead off ditches, and tail ditches with the excavator or other equipment. If damage to these structures occur for this operation, the contractor will have to repair to Forest Service Standards at their cost.

Flaggers and advanced signing will be required to direct or stop traffic when working on open roads. Signing for traffic control shall conform to the “Manual on Uniform Traffic Control Devices”(MUTCD), Part VI- Traffic Controls for Street and Highway Construction, Maintenance, Utility and Emergency Operations”, latest edition (http://mutcd.fhwa.dot.gov).

All debris from these activities will be removed from the clearing limits along any State, county, or Forest Service road.

Contractor will not cut, mulch or otherwise disturb trees located along any property boundary marked with red paint, signs, tags, blazes or other survey information.

Do not cut, mulch or otherwise disturb trees designated by the COR.

No fuels will be mulched or rearranged within 5 feet of a defined channel and 20 feet of a perennial stream or spring. If a stream is not identified as a perennial stream, assume it is a defined channel. Perennial streams will be designated on a map that will come with each task order.

QUALITY ASSURANCE SURVEILLANCE PLAN

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement. This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

Define the roles and responsibilities of participating government officials and the contractor;

Identify the types of work to be performed and the inspections to be performed to validate adequacy;

Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task

Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;

Describe the process of performance documentation

The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services. The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The following government officials will participate in assessing the quality of the contractor’s performance.

Their roles and responsibilities are described as follows:

The Contracting Officer’s Representatives (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR/Inspector, if the latter is assigned to the project, will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work.

The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

The Contracting Officer (CO) and will have overall responsibility for overseeing the contractor’s performance.

The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version.

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and or for intermediate inspections as determined at contract award by the COR/CO.

The contractor’s quality control plan/schedule will be modified accordingly and will be one of the bases for the award of the contract.

Task/ subtask# Title When To Be

Inspected What To be Inspected Documentation

Inspection Type (100%/Periodic/

Random)

5.2 through 5.5

Firelines, Masticating, Cedar Shearing, Brush Mowing, Herbicide Treatment

As work is being performed and at completion of task

Compliance with technical specifications

Contractor Records/ Data/Reports

COR/Inspector Daily Diary

Periodic

Random

D. METHODS OF SURVEILLANCE

The government, through it’s COR, will monitor the contractor’s performance on a continuous basis. The method the government will use is identified in Paragraph C above. The COR/Inspector will first verify the results of the contractor’s inspection, completeness and adequacy of the documentation of the contractor’s inspection results. The government COR will perform periodic independent inspections after the contractor has performed their inspection if questions develop regarding the results of the contractor’s inspections. Results of the independent inspections that differ from the results noted by the contractor on their inspections the costs thereof for the re-inspection costs will be assessed against the contractor.

The contractor shall be required to rework/repair or replace the effort until the quality/ performance standard is achieved.

Inspections will be performed to the schedule submitted by the contractor and approved by the government.

Variances from the schedule must be pre-approved by the CO.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a Form, a Memo for record or an entry in a daily/weekly diary. The form when completed will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Requirements stated in the contract either in section 5 of the Statement of Work (SOW) or in section 7 of the SOW.

The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected and need not be substantiated.

In accordance with Section C above, the contractor shall furnish (weekly, at a minimum) to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO will immediately discuss every event receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. At the end of each month, the COR will prepare a written report for the CO summarizing the overall result of his surveillance of the contractor’s performance during the previous month. This report will become part of the formal QA documentation.

3. Upon completion of the contract/task order the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

SPECIAL CONTRACT REQUIREMENTS

H.1 ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

H.1.1 REQUESTS FOR PROPOSALS. When the Government requires work under the MATOC, a Notice of Proposed Task Order Request for Proposal will be issued VIA EMAIL ONLY. Performance and payment bonds may be required for Task Orders in accordance with applicable PERFORMANCE AND PAYMENT BONDS and ALTERNATIVE PAYMENT PROTECTIONS FOR CONSTRUCTION CONTRACTS clauses if required for fireline construction projects.

H.1.2 COMPETITION. Task Orders will be awarded based on Fair Opportunity, FAR 16.505(b)(1).

MATOC awardees will have a fair opportunity to be considered for a task order exceeding $2,500, unless an exception applies. Under the MATOC contracts, the Government reserves the right to accept other than the lowest priced offer, and to reject any or all offers. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it must be sufficiently more advantageous than the lowest offer to justify the payment of additional amounts.

• COMPETING FOR A TASK ORDER. The Contracting Officer will ensure that each awardee receives a fair opportunity to be considered for each order. It is expected that MATOC contractors will submit proposals for all RFP notices received. In the event a Contractor is unable to submit an offer in response to an RFP notice, the Contractor shall notify the Contracting Officer via return email. Failure to respond or compete for projects may be considered failure to make progress or perform and will be a consideration for option year renewal.

H.1.3 SITE VISITS. Offeror's attendance at walk-throughs (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the Government.

In SOME cases, walk-throughs will be determined mandatory in order for a contractor to submit a proposal. Such requirement shall be stated in the RFP notice. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-throughs or other pre-task order costs.

H.1.4 PROPOSAL CONTENTS. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFP notice. Contractors shall respond within the number of calendar days stated in the RFP notice by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP notice. Some task orders may require the submission of a technical proposal. If required, this will be noted in the RFP notice.

H.1.5 CONTRACT PRICES-SCHEDULE OF ITEMS. The Government's payment for the items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor for-

(1) Furnishing all plant, labor, equipment, services, materials and expertise; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The

Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

H.1.6 EVALUATION METHOD AND PROCEDURES. The primary technical and price criteria will vary depending on the unique requirements for each task order. The Contracting Officer may develop evaluation criteria which reflect the instant requirement and contracting environment. Examples of these criteria are past performance on prior task orders under the MATOC contract, which includes quality and timeliness, special expertise or other factors the Contracting Officer determines are relevant to award of a particular task order and the unit’s status of achieving small business goals/targets. In making decisions in award of any individual task order, the Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFP notice will describe the criteria to be utilized in evaluating task order proposals.

H.1.7 DISCREPANCIES IN THE EVALUATION OF OFFERS SUBMITTED IN RESPONSE TO RFP

NOTICES FOR INDIVIDUAL TASK ORDERS.

a. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

c. These correction procedures shall not be used to resolve any ambiguity concerning which price is low.

H.1.8 EVALUATION OF OPTIONS (FAR 52.217-5) (JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for the purpose of awarding task orders by adding the total price for all optional line items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the optional line items.

H.1.9 AWARD DECISION. Whenever possible, award will be made without discussions. If discussions are required, each MATOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. Task Order award will be made based on either the best value to the Government or the lowest price, technically acceptable proposal as described in the RFP notice. The awarded Task Order will be firm fixed-price with a specific number of calendar days for completion. When optional line items are included in the Schedule, the Task Order will specify the timeframe for exercising the Options.

H.1.10 TASK ORDER ISSUANCE. Task Orders will be issued on SF 1442 or OF 347, depending on the dollar value of award, and will normally be transmitted by email. The Task Order becomes binding when the Contracting Officer signs the order. A Notice to Proceed (NTP) will be issued separately after receipt of required performance and payment bonds. Appropriate proof of Insurance must be in place before work commences. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

H.1.11 PROTESTS. In accordance with FAR 16.505(a)(10), no protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

H.1.12 OMBUDSMAN. If the Contractor believes it was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman, who is the Head of the Contracting Activity. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

H.1.13 PLANS AND SPECIFICATIONS. The Contractor will be provided an electronic copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issuance of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as hard copy or as electronic media, such as email or CD ROM, at its option.

H.2 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS. In the event it becomes necessary to negotiate with one firm on a sole-source basis, the following procedures shall be used in accordance with FAR 16.505(b)(2):

H.2.1 CIRCUMSTANCES PERMITTING SOLE SOURCE ORDERS. All MATOC Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:

a. An urgent need exists, and seeking competition would result in unacceptable delay

b. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized

c. A sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed (e.g. work in progress in a contiguous area).

d. To satisfy contract minimum award obligations.

H.3 GENERAL WAGE DECISIONS.

Applicable Davis-Bacon wage rates will be identified for all construction task orders issued under this contract.

H.4 AVAILABILITY OF FUNDS.

The Government may request proposals for which funding is not currently available for the award (which will be duly noted in the request for proposals). If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available within 30 days after the expiration of the proposal acceptance period, the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project. If the proposal acceptance period is not extended by the contractor, the project may be re-solicited.

CONTRACT TERMS AND CONDITIONS

FAR 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. The full text of a clause may be accessed electronically at:

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html

52.204-7 System for Award Management. (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.212-4 Contract Terms and Conditions - Commercial Items.