John_Mesa_Reforestation_Statement of Work_DRAFT.pdf

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Johnson Mesa Reforestation 2024

C.1 - INTRODUCTION

C.1.1 Background

The Pecos/Las Vegas Ranger District of the Santa Fe National Forest in northern New Mexico needs tree planting services to reforest lands burned after the 2022 Hermit Peak Calf Canyon wildfire. Tree survival and growth is dependent on the initial health of the tree seedlings, the way trees are handled and planted, environmental conditions such as soil moisture and weather, and influences of animal damage to the seedlings. The services secured with this contract will focus on the need to provide appropriate tree handling and planting techniques during a period when environmental conditions are most favorable to ensure tree survival.

C.1.2 Scope of Contract

The solicitation is for tree handling, tree planting, and tree protection installation services on the Pecos/Las Vegas Ranger District of the Santa Fe National Forest. The Forest expects to plant 266,000 seedlings on approximately 1500 acres. These quantities may vary by +/- 15% depending on the number of seedlings delivered and plantability of the project area. Mesh vexar seedling protection tubes, protex solid tube tree protectors or similar products will be used for tree protection from animal damage and harsh environmental conditions.

The Contractor shall furnish all labor, equipment, quality control inspections, supervision, transportation, seedling and supply transport, supplies (except those designated as Government furnished), and incidentals to perform all work necessary on the areas specified in the contract. All aspects of the work program shall be performed in an organized, systematic manner to assure services shall be performed over the entire unit.

C.1.2.1 This contract is a performance based, firm-fixed price contract.

C.1.2.2 The performance period will begin approximately mid-August to early September. This date is weather and site dependent. If monsoonal moisture is determined to be inadequate for good tree survival at that time, the start date of the contract could be moved to mid-September or later.

C.1.3 Description, Location and Access.

All items were burned in a 2022 wildfire. Safety Alert: Contractor needs to be aware that there are snags and burned trees at all planting sites that have the risk of falling or falling debris, especially during windy conditions.

Not all of the acreage is plantable, portions of units may be too rocky for planting. Units may have 15-35 percent brush and grass/forb cover. See Section J, Exhibit 1 for additional information on bid items.

C.1.3.1 Access Routes and Delivery Point

The Delivery Point is the Las Vegas Ranger Station at 1926 N. 7th Street, Las Vegas, New Mexico. See Vicinity Map.

The planting area is approximately 21 miles (about 50 minutes) from the Las Vegas Ranger Station (delivery point, see maps in Section J). Directions to the planting area are as follows: From the Las Vegas Ranger Station head south (turn left) on 7th Street for .5 miles. Turn right on Mills Ave. In .8 miles turn right onto State Route 65/Hot Springs Blvd. Continue for 15.1 miles to FSRD 156. Turn left, the planting project is 4.6 miles ahead.

SECTION C2 – DEFINITIONS

Acceptable established tree: An existing conifer of seedling and/or sapling size that is of good form, color, free of damage, has 50% or greater crown ratio, and is the species and size specified in the Detailed Information Chart, Exhibit 1.

Acceptable Service: A job performed to the standard and within the acceptable quality level. The Contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance is acceptable for payment.

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.

Access Point: The point identified for access to planting areas.

Animal Damage Control: Methods for protecting the seedlings from animal damage, particularly big game. May include tree protection shelters.

Best Value: One criterion used for selecting a service contractor for award, based on comparison of the service price offered, with the quality of service offered.

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

Clearing: Removal of surface debris around the planting hole to avoid debris from falling into the hole. Debris includes duff, litter, rotten or charred wood, moss, loose rock, ashes, snow, and surface frost.

Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contract Time: See Period of Performance.

Container plug: Seedling grown in a receptacle containing soil and nutrients. When the container seedlings are extracted from the receptacle, the soil stays intact around the roots. The soil and roots together are referred to as the container plug; the soil is the container media.

Contracting Officer’s Representative (COR). A Government person appointed by the contracting officer (CO) to help the CO with the contract administration and surveillance. The duties and responsibilities of a COR are defined in the letter of designation by the CO.

Delivery Point: The point identified for delivery of trees and other supplies. If there are multiple points of delivery of various items, it will be so noted.

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

Drip line: The line extending vertically from the exterior edge of a tree’s live crown to the ground.

Foreign material (in the planting hole): Large rocks, sticks, litter or similar material not part of the surrounding soil substrate that is in the planting hole after the tree is planted.

Ground line of tree before planting: The original ground line of the tree before planting is the soil surface level in the nursery beds or in the container receptacle. It is between the cotyledon scar and the root collar.

Group planting: Create patchy tree arrangements with tight tree groups between unplanted areas, to provide seed source and more closely mimic natural regeneration patterns in certain forest types. The unplanted acres are expected to randomly fill in with natural tree regeneration over time, and/or be planted some years later, for an uneven-aged forest structure with a grouped arrangement across the unit.

Inbox temperature: The temperature near the center of the box of trees measured with a probe thermometer or similar instrument. This is the temperature of the seedlings while in the shipping box.

Lateral roots: The horizontal roots extending from the main vertical (tap) root.

Microsite: A plantable spot favorable to seedling survival and growth. Examples of favorable microsites are stumps, down logs, large slash, snags, and standing cull trees that provide protection from sun, wind, animals, and other damaging agents. Priority for microsite selection, from highest to lowest, is fallen log, stump, and standing dead (as the latter may uproot and lift the seedling out of the ground). Seedlings shall be planted on the north and east sides of the shade structure.

Period of Performance (also Performance Period or Contract Time): The number of calendar days allowed in the contract for completion of the contract work. Includes all days of the week including weekends and holidays.

Plantable spot: An area where a tree can be planted in accordance with all specifications in the contract. In the Planting Inspection method, a plantable spot is also any area where the contractor has planted a tree.

Planting Inspection: The standard planting inspection procedure as described in Forest Service Handbook, R3 Supplement 2409.17 (effective 5/31/2002), 2.82 part 2 (refer to Section C.5.1 for internet access) and provided in Exhibit 3.

Protection: Natural and artificial materials that act as an obstacle protecting the tree from animal or other injurious agents. The protection material and effort required by the planter to protect the tree varies depending on the site conditions of each unit.

Quality Assurance: Those actions taken by the Government to assess the Contractor’s results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document 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. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Residual Tree: Live trees remaining in the unit after the harvest or fire activity.

Root Length: The length of root measured from the original ground line to the end of the main vertical tap root.

Satisfactorily Planted Tree: A tree that is planted in accordance with C.4.4.1.

Scalping: The removal of live vegetation, including roots, to reduce competition from existing vegetation and to expose mineral soil. The diameter of the scalp and the maximum depth of the scalp are specified in the Detailed Information Chart, Exhibit 1.

Shade: Natural and artificial materials that protect the trees from the sun’s heat and wind. See Microsite.

Stationary Material: Natural material used to shade or protect the tree that is not movable by the planter. Natural stationary material includes items such as stumps, logs, dead brush, rocks, or terrain features used to provide the required protection to the tree. Stationary material generally offers the most shade and protection for seedlings from the sun and animal trampling.

Seedling Protection Tube: A mesh or solid plastic or plastic-like material formed into a tube that is placed over a seedling to provide protection from animal browse or desiccation. It may be secured with a stick to the ground or have staking legs attached to the base. Assembly may be required.

Top Height: The length from the original ground line to the top of the terminal leader; does not include needles extending above the leader.

Transportable Shade: Natural material such as wood debris that can be moved to the planting spot to shade the tree from the sun.

Trees in Possession of the Contractor: The time after trees have been issued to the Contractor. During this time, the Contractor is responsible for all aspects of tree care and accountable for tree quantities.

Unplantable Spot: An area where a tree cannot be planted satisfactorily, and no tree has been planted. An allowance is given in the standard R-3 Planting Inspection for unplantable spots within the plot. In hoe planting, a spot is considered unplantable if a suitable spot for planting a tree cannot be found after three attempts of throwing the hoe, and if the hole cannot be opened at the spot with five swings or less.

Unsatisfactory Planted Tree: A planted tree which fails to meet one or more of the specifications of a satisfactorily planted tree (see C4.4.1). Refer to definitions for planting violations described by R-3 Planting Inspection. Refer to planting violations as described in FSH 2409.17, 2.82 provided in Exhibit 5, Reference E.2.2.

Wasted Material: Material provided to the Contractor to conduct a task such as installing tree shelters that are lost, dropped, or damaged by the Contractor, or which are installed on trees not in accordance with the requirements of the contract.

Wasted Tree: A tree which is lost, damaged, destroyed or handled contrary to the standards for care of trees.

Planted trees that exceed the maximum number of trees in the R-3 Planting Inspection plot procedure are also considered wasted trees.

C.3 – GOVERNMENT FURNISHED PROPERTY and SERVICES

The Government will provide the following items of Government property and services to the Contractor for use in in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

The property and services that will be provided by the Government are as follows:

Item Description Where, When, How

3.1 Detailed Information Chart Chart with unit specifics Provided in Solicitation, also provided in Exhibit 1.

3.2 Project Maps Maps of planting units with access

roads, access point(s) identified, and vicinity map

Provided in solicitation, also provided in Exhibit 2A-2B

3.3 Access Roads The Government will provide

access to the access point(s).

The Government will initially clear down trees from the access roads.

Access roads are accessible by 4-wheel drive vehicle equipped for mountain driving.

At least one Forest Service Road to access each unit.

3.4 Access behind locked gates Some units may be behind locked gates. The Government will provide access through locked gates unless walk-in is required.

Refer to C.4.1.4.

A key will be issued

3.5 Trees – planting stock Container Grown Trees: Length of

container plug will range from 5 to 9 inches. Top heights range from3

Provided on written order with sufficient advanced notice.

Available at delivery point.

to 12 inches. At least 90% of the trees will meet these specifications.

Contractor is responsible for transport to planting units.

3.6 Seedling racks and seedling

cells

Some container stock will be in plastic racks and cell container.

These must be undamaged and returned to the delivery point.

Mora Nursery Delivery Point

3.7 Seedling protection tubes and

accessories

Protection tubes, bamboo sticks, or any other item necessary for installation.

Available at Las Vegas delivery point. Contractor is responsible for transport to planting units.

3.8 Electronic files of all unit

boundaries

Files for use in tablets and phones Will send .pdf files for use in with Avenza

3.9 Planting Inspection Sheet Form R3-2470-9. Quantity

necessary to inspect the contract.

[OR one copy provided, to be duplicated by contractor]

Provided at Pre-work meeting.

Sample provided in Exhibit 3.

3.10 Campsite, if requested. See Section C.4.3.1.1 and Section H Permit issued by District within 5 working days of advanced request.

C.4 – CONTRACTOR WORK REQUIREMENTS and STANDARDS

C.4.1. General.

C.4.1.1 Road Access. The Contractor may access the units from forest roads indicated on project maps. After initial clearing of the access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access units. Four-wheel drive vehicles are highly recommended. The COR will approve the use, and conditions of use, of any road not shown on the project or unit map.

C.4.1.2 The Contractor may transport trees off-road to or within a planting unit consistent with any restrictions on motorized vehicles and with COR approval. Any motorized vehicle approved for off-road use must be cleaned, free of soil, vegetative matter, or other debris that could contain or hold seeds and free of leakage. No off-road use will be approved during periods where soil damage may occur or in stream protection zones.

C.4.1.3 Walk-in Units. The unit cannot be accessed from open forest roads. The Contractor shall transport trees to the unit using the method of his/her choice consistent with any restrictions on motorized vehicle and with COR approval.

C.4.1.4 Locked Gate. In cases where units are behind locked gates, the Contractor shall close and lock gates after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor is permitted to drive from the locked gate to the unit access point with only the minimum number of vehicles necessary for efficient transport of the crew.

C.4.1.5 Cultural and Historic Sites. All cultural and historic sites will be protected, no tree planting will occur within protected sites. Site boundaries will be identified and flagged (white flagging) by the Forest Service prior to operations.

C.4.1.6 Tree Orders and Delivery. The Contractor shall order in advance of desired delivery according to agreement with COR. The Contractor is responsible for transporting of all government issued supplies and seedlings to and from the delivery point and planting sites.

C.4.1.6.1 Returned Trees. The Contractor shall plant all trees ordered and delivered to the planting unit within 24 hours of delivery unless otherwise approved by the COR. Trees shall not be returned to the Government for cooler storage unless approved by the COR. When the COR determines that conditions are unsuitable for planting, the Contractor shall return all unplanted trees to the delivery point with no penalty for delay in planting the delivered trees.

C.4.1.7 Return Government Equipment. The Contractor shall return unused Government supplies, unplanted trees, all packaging materials, and wrapping materials to the delivery point daily.

C.4.1.8 Disposal of Trash. The Contractor is responsible for the proper disposal of their trash.

C.4.1.9 Invasive Plant Control. Contractors shall ensure that prior to bringing any tools and gear to a work site, they are free of all soil, vegetative matter or other debris that could contain or hold seeds. Tools and gear include, but not limited to, the following: augers, shovels, hoedads, clothing and boots.

C.4.2 Tree Handling and Care

C.4.2.1 The Contractor shall be responsible for the care of trees from the delivery point and throughout the time that the trees are in possession of the Contractor to assure they are properly cared for and not damaged or exposed to damaging conditions consistent with FSH2409.17, 2.53 parts 6 and 7, provided in Exhibit 4 Reference.

C.4.2.2 Trees not properly cared for may be considered wasted trees.

C.4.2.3 While in the possession of the Contractor, tree boxes SHALL NEVER be stacked greater than 4 boxes high to prevent crushing and damage, especially during transport. Boxes shall be placed and/or staked horizontally as to maintain the same orientations as delivery point. Boxes shall not be thrown or dropped.

C.4.2.4 Contractor shall not alter the trees (includes no root or top pruning).

C.4.2.5 Contractor shall take protections to keep roots moist during the planting operation.

C.4.2.6 The Contractor shall be aware of environmental hazards which affect tree survival; he/she shall alter crew work schedules and tree handling practices to allow planting whenever possible. Environmental hazards are described in FSH 2409.17, 2.53 part 8 and 2.82 part 1c and provided in Exhibit 4.

C.4.2.7 The Contractor shall maintain the internal box temperature of tree boxes that are in possession of the Contractor at or below 40 degrees Fahrenheit.

C.4.3 Tree Planting

C.4.3.1 Satisfactorily Planted Tree. Trees shall be planted satisfactorily both above and below ground as defined in FSH 2409.17, 2.67. Trees shall be planted in moist soil, free of foreign debris, and in a hole deep enough to accommodate the fully extended tree roots and shall meet all requirements of the contract. The open-hole method shall be used as described in FSH 2409.17, 2.63, and provided in Exhibit 4.

C.4.3.2 Clearing and Scalping. Each planting spot shall be free of surface debris and competing vegetation consistent with FSH 2409.17, 2.62, parts 1 and 2. The minimum clearing and scalping diameters and the maximum clearing and scalping depths are stated in the Detained Information Chart, Section J, Exhibit 1. After the tree has been planted, surface material must be pushed back over the cleared surface to serve as mulch. The sizes may differ from those stated in FSH 2409.17, 2.62.

C.4.3.3 Shade. Trees shall be planted in the best microsite available to mitigate problems associated with hot, dry aspects, consistent with FSH 2409.17, 2.61, parts 2 and 3a, and unit specific shade requirements as identified in Detailed Information Chart, Exhibit 1 and Shade Requirements, Exhibit 1A. Each tree shall be as close to the shade material as possible or within a distance that is less than ½ the height of the shade.

C.4.3.3.1 Planted trees shall be shaded consistent with the shade requirement identified in the Detailed Information Chart, Section J, Exhibit 1.

C.4.4.3.2 When shade is required, each tree shall be shaded at the ground level from the afternoon sun (approximately 2-4 pm), except on east facing slopes when the tree shall be shaded from the morning sun.

C.4.4.3.3 When transportable (shade) material is required, it must be at least 3 inches in diameter, and be within 100% of the spacing distance to the planted tree. Do not place shade on the uphill side of a planted tree where it can roll on to the tree.

C.4.3.4 When seedling protection shelters are required, shelters should be installed vertically (+/- 15 degrees) with the base of the shelter flush with the ground. Shelters shall be installed so as not to damage the seedling, including skinning the bark, breaking the leader, damaging roots, or needle stripping. The terminal bud of the seedling must be unattached to the shelter. The shelters shall be installed during the same day the trees are planted.

C.4.3.4.1 Tree shelters manufactured of plastic mesh or solid plastic sheet will be secured with a single bamboo stake. Bamboo stake is to be woven on one side at least three times to ensure vertical support. The tube shall be placed around the planted seedling with the bamboo stake on the uphill side of seedling. A landscape staple will be placed in the ground opposite the bamboo stick to further secure the protection tube to the ground. Both the bamboo stick and staple must be installed as to not cause root damage and be deep and firm in the ground. The bamboo stick must be at least 8 inches deep, and the staple at least 4 inched deep into the ground.

C.4.3.5 Trees shall be planted to achieve the average spacing specified in the Detailed Information Chart, Section J, Exhibit 1. It is expected that an irregular distribution will result as planters avoid acceptable established trees, rock or shallow soils and seek planting spots in the best microsites and soil conditions. For individual trees, the spacing may be varied as much as 50 percent in any direction to attain the best plantable spot. The number of trees planted shall not be materially changed by the method of selecting planting spots.

C.4.3.6 Acceptable Established Trees. A tree shall not be planted in direct competition with an acceptable established tree. Refer to the Detailed Information Chart, Exhibit 1 for species and size of acceptable trees. Do not plant a tree closer than 50% of the established spacing to an acceptable established tree.

C.4.3.7 Residual Trees. Trees shall not be planted within the immediate influence of established larger trees in the unit. Do not plant within the dripline plus the distance of the spacing of a live residual conifer tree with at least 20% live crown.

C.4.3.8 Species Mix. Where a mixture of species is required, the Contractor shall distribute the variety of species over the entire unit except where otherwise noted on the Detailed Information Chart, Section J, Exhibit 1. The COR may also dictate or alter specific species mix for varying site conditions.

C.4.3.9 Trees Not Meeting Specifications. The Contractor is not obligated to plant trees that do not meet the specifications in C.3.4, and they shall be returned to the Government. If trees not meeting specifications are planted, they shall be planted satisfactorily.

C.4.3.10 Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS. The Contractor shall prepare a Quality Control Plan as described in Section E.

The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C.4.3.11 The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedule shall be provided after contract award, but at least 5 days before start work.

The Contractor shall update the work plan as work is in progress to account for changes; and the updated work plan may be accepted by the Contracting Officer.

C.4.3.12 Camping and Worksite Conditions. The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions will be consistent with the requirements of Section H, Section I.

C.4.3.13 Communications. The Contractor shall keep the Contracting Officer advised as to where the Contractor can be reached prior to start of Contract Time. Further, the Contractor shall maintain contact with the Contracting

Officer during periods of work suspension to reduce any delay in resuming planting and to determine the best suitable time and conditions to resume planting.

C.4.3.14 On-site Representative. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress. Refer to F.3 Superintendence by the Contractor. The Contractor’s Inspector shall also be conversant and literate in the English language.

C.4.3.15 Crew Safety. The Contractor shall consider and address crew safety and provide a Safety Plan consistent with FAR 52.236.13 Accident Prevention Alt. I, recognizing that all subitems may be in areas of snags and fire burned trees.

C.4.3.16 Special Restrictions. Along boundaries adjacent to cliffs: shouting, creating loud noises, loitering or taking rest breaks is prohibited. Do not move large rocks or logs. Do not plant trees on roads, hiking trails, or animal trails.

C.5 STANDARDS

C.5.1. Mandatory Standard. The following sections from the Forest Service Handbook, R3-Supplement 2409.17- 2002-1 (effective 4/29/2002), Chapter 2 – Reforestation, are mandatory for execution of this contract.

Sections: 2.53 parts 6-8, 2.61, 2.62 parts 1 and 2, 2.63, 2.66, 2.67, and 2.82 parts 1.c and 2.

Sections mandatory for contract execution are provided as guidelines; the complete handbook is available at:

http://www.fs.fed.us/im/directives/field/r3/fsh/2409.17/2409.17_2.01_2.5.doc http://www.fs.fed.us/im/directives/field/r3/fsh/2409.17/2409.17_2.6_2.9.doc

C.5.2. Non-Mandatory Standard. The following references do not supersede direction given in C.5.1 or requirements set forth in this contract but provide background and supporting information that may be useful to a prospective offeror.

C.5.2.1. The Forest Service Handbook, R3-Supplement 2409.17-2002-1 (effective 5/31/2002), Chapter 2 – Reforestation exclusive of the sections listed in C.5.1. The handbook is available at the website specified in C.5.1.

C.5.2.2. Tree handling and planting procedures that are acceptable are like those generally accepted for planting seedlings in forested conditions. There are a number of references describing the care and planting procedures. One reference is Reforestation Practices in Southwestern Oregon and Northern California (eds. Stephen D. Hobbs, Steven D. Tesch, Peyton W. Owston, Ronald E. Steward, John C. Tappeiner II, Gail E. Wells), Oregon State University Corvallis, Oregon. Specifically refer to Chapter 14, Seedling Handling and Planting by Robin Rose, pp.

330, 334-343.

C.6 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

The following describes the major items in the contract with the consequences for meeting or not meeting the performance standard for the work described. Items below are included here as described.

Work Statement

Performance Standard Government Method of Assessment

Consequences for Meeting or not Meeting Performance Standard

C.4.2 Tree Handling and Care

Trees are properly handled and cared for as outlined under C.4.2 Tree Handling and Care and consistent with FSH 2409.17,

2.54 parts 4 through 7.

When violations occur, Contractor takes corrective action immediately.

COR and Inspector will monitor operations and conduct random samples.

-The Contractor’s care and handling of trees will affect the performance assessment as either a positive or negative incentive.

-If contractor does not meet the standard and/or take corrective action, the Government may collect damages (Section G.4) and provide adverse performance assessment.

C.4.3 Tree Planting

-Planting quality meets or exceeds performance standard of 93% quality.

COR or inspector will conduct periodic inspections consisting of plots consistent with R-3 Planting Inspection (FSH 2409.17, 2.82, part 2).

-The Contractor’s care and handling of trees will affect the performance assessment as either a positive or negative incentive.

-If Contractor achieves 93% planting quality or greater, full unit price is paid G.3.2.1.

If Contractor does not achieve at least 90% quality, is as per Section G.3. May result in adverse performance assessment.

C.4.3.4 Shelter installation

- Shelters shall be installed properly, without damaging the seedling, and in concurrence with planting.

COR or inspector shall perform visual inspections and recorded on inspection sheet.

-Improper shade installation, seedling damage or untimely shade installation will result in shade violations recorded during inspection plots.

-If Contractor does not meet 93% quality or greater, reduced payment shall be made in accordance with Section G. May result in adverse performance assessment.

C.4.3.10 Quality Control

-Contractor maintains good quality control on all aspects of operation including tree handling, planting and shelter installation.

Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

COR or inspector randomly sample and observe operations.

-The quality of Quality Control provided by the Contractor will be reflected in the performance assessment as either a positive or negative incentive.

-If the Contractor fails to meet standards, work may be suspended, or the Contractor put in Default for failure to take corrective action immediately and result in adverse performance assessment.

C.4.3.10 Quality Control

-Contractor’s plot inspections are +/- 5% of Government’s quality.

Inspection completed to meet timeframes. Inspection records are complete and accurate.

COR or inspector randomly sample and observe Contractor inspections. Reviews Contractor inspection sheets daily.

-The ability of the Contractor to meet the standard will be reflected in the performance assessment as either a positive or negative incentive.

-When Contractor’s plot inspections meet standards, no deduction.

-If quality does not meet standard, deduction (Section G.3 & G.4) and/or damages will be assessed.

Work Plan and Schedule C.4.3.11

Work meets schedule as per the accepted Work Plan.

COR and Inspector conduct periodic monitoring.

-The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance assessment as either a positive or negative incentive.

Work not completed on schedule is subject to Default and may result in assessment of actual costs.

SECTION E--INSPECTION AND ACCEPTANCE

E.1. CONTRACTOR QUALITY CONTROL

E.1.1. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal.

The Contractor shall supplement the QCP within 5 days of contract award based on items awarded to the Contractor and Government comments.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of planting, artificial shade, and protection shelters for determining actual quality percentage. The Contractor shall have at least one experienced, fluent in English, inspector whose duties do not include supervision or planting duties

E.2.2. Plot Inspections- Tree Planting. The Contractor shall maintain a plot system that provides an unbiased sample of planting quality, and which represents the entire area planted. The plot system shall be consistent with the Planting Inspection Methods, specified in FSH 2409.17, 2.82, part 2, provided. The Contractor shall sample at least 1-percent of the planted area, with a minimum of 5 plots per unit.

The Government may observe or re-examine the Contractor’s plots at any time. Tree Shelter installation shall be included in the inspection of planting.

E.2.2.1. The Contractor shall mark and identify each inspection plot on the ground.

E.2.2.2. The Contractor shall provide written inspection data by unit using the Planting Inspection Sheet (R3-2470- 9), Exhibit 3, and shall provide a sketch map of the unit with plot locations. The Contractor may also provide a GPS waypoint file of the plot location. Planting inspection sheets and maps shall be provided to the Government by 8 a.m. the day after inspection or end of workday and shall be signed and dated by the person who conducted the inspection, certifying that the inspection records are complete and accurate.

E.2.2.3. The planting quality percent shall be based on the following calculation (reference columns of Planting Inspection Sheet):

No. of Satisfactory Trees Above Ground (Column 9)

X

No. of Satisfactory Trees Below Ground

(Column 11) X 100 = Quality % Actual No. Of Plantable Spots on which Trees should have been Planted (Col. 5)

No. of Trees Dug (Column 10)

All computations will be carried out to at least thousandths (.000) and the final percentage of planting quality as calculated above will be rounded to the nearest whole percent.

E.2.2.4. Plot inspection shall include a tally of trees that are in excess to the maximum allowable to be planted and noted in Column 8 of Inspection Sheet. These trees are considered wasted trees. To ensure that trees are distributed throughout the unit fairly consistently, wasted trees shall be tallied by plot. The Government will use the sum of all wasted trees on plots to determine the damages assessment, Section G.4.

E.2.3. Acceptance. The Contractor’s Quality Control inspections for planting shall be within five percent of the Government quality assurance to be considered acceptable.

E.2.3.1 The Contractor’s quality control will be deemed unacceptable when the Contractor fails to provide planting quality within 5 percent of the Government’s quality assurance results at the completion of a unit. When the

Contractor’s quality control is unacceptable, payment for the unit will be based on results of the Government’s quality assurance (G.3.1).

If the Government’s results are objectionable to the Contractor, the Contractor may request a re-examination in writing within 5 calendar days after receipt of the Government’s quality assurance inspection results. The request shall include documentation that supports that the probability of error exists. The Government’s re-examination will consist of a 1-percent sample utilizing the same inspection method as the original examination, but new plots will be selected with different plot centers than the plots previously inspected by the Government. If the results of the re-examination are within 5-percent of the Contractor’s submitted quality control results, the Contractor’s results will be considered acceptable and used for pay. If the results of the re-examination exceed 5-percent of the Contractor’s submitted quality results, the Government’s re-examination results will be used for the basis of pay and the Contractor will be assessed costs incurred by the Government that are directly related to the performance of such service.

DELIVERIES OR PERFORMANCE

F. 1 DELIVERIES

F.1.1. Contract Performance Time and Required Rate of Progress

Tree survival and growth is dependent upon proper soil and weather conditions at the time of planting and these conditions only prevail for a limited length of time. It is therefore imperative that work be started promptly after conditions for planting become suitable. Depending on moisture conditions work could begin any time between July 15 and September 30. The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total unit of work for each Item by performance time specified. In the event the Contractor is delayed and falls more than 2 calendar days behind the progress rate required above, the Contractor’s right to proceed is subject to immediate termination for default. See FAR 52.249.8, Default, Section I, for additional information.

F.1.2. Contract Time (See Period of Performance definition).

Items 1.1 and 1.2 35 calendar days.

F.2.2. Contract Time (See Period of Performance definition).

The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. If more than one area is available for planting, the Government may prescribe the planting sequence.

The Forest Service will issue a Notice to Proceed as soon as weather and ground conditions are favorable for planting and survival of the trees on one or more of the areas. Contract time will start whichever is sooner: (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) on the third day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when planting commences, whichever is sooner.

Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

F.2.3. Unsuitable Conditions.

Whenever it is determined that environmental or physical conditions become unsuitable for tree survival, or when extreme weather conditions create the potential for blowdown, the Contractor shall move to another area identified by the Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer. When there is no acceptable mitigating practice and no other area is available, the Contracting Officer shall suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue a verbal Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer, (per Section C.4.3.13, H.2.5.10) a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

F.2.4 Work Completed after the Performance Period.

Whenever the Contractor fails to complete the work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage include, but are not limited to: wages of the COR and Government Inspector(s) for quality assurance after the performance period, cost of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

G.1. METHOD OF CALCULATING PAYMENT

G.1.1. The Contractor’s Quality Control For each completed unit, the Contractor’s quality control inspection percentage for tree planting will be compared to the Government’s assessment results. If the results of the inspection differ by 5 percent or less, the Contractor’s inspection will be considered acceptable, the Contractor’s quality percentage will be used as the basis for payment.

When the inspection results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment as per E.2.

G.1.2. Tree Planting - Payment Calculation If the work quality is determined to be 92 percent or higher, based on the Contractor’s quality control inspection plot(s) and verified by the Government’s assessment, payment will be made at 100 percent of unit price.

Payment Example: With a unit price of $200 and a unit size of 60 acres, the bid price would be $12,000. If the Contractor’s planting quality was 92 percent, payment would be $12,000.

Planting Quality less than 92 percent but at least 80 percent or greater. Whenever inspection determines planting quality is greater than 80 percent but below 92 percent, the work will be accepted at a rate reduction of 2 percent for each 1 percent the quality of work is below 92percent.

Payment Example: With a unit price of $200 and a unit size of 60 acres, the bid price would be $12,000. If the Contractor’s planting quality was 85 percent, payment would be calculated as follows: (92- 85) x 2 = 14% reduction in payment. Payment: $200/ac x (1-.14) x 60 acres = $10,320.

Planting Quality below 80 percent: Whenever the planting quality is below 80 percent, based on the Contractor’s quality control (G.1.1) inspection percentage, the quality of planting will be considered insufficient and unacceptable. No payment for work performed will be made.

G.2.1. Rework.

G.2.1.1. Any unit, that is planted at less than the performance standard of 93 percent and at least 80 percent, the Government may (i) accept the work at a reduced price, or (ii) require the area to be reworked at no additional expense to the Government.

G.2.1.2. The Government will permit the Contractor to rework an area only if planting stock or other material is available and/or the existing deficiencies can be corrected.

G.2.1.3. Any Government quality assurance assessment needed due to the Contractor reworking an area, either at the Contractor’s request or because of unacceptable work, will be at the Contractor’s expense. The Contractor may be assessed actual damages which may include but is not limited to wages of the COR and Government Inspector(s) for quality assurance incurred due to the rework, cost of vehicles, meals and lodging that are incurred while administering the contract during the rework.

G.2.1.4. The Government shall document unacceptable work quality in the performance assessment.

G.3. DAMAGES

G.3.1. Damages for below 80% Planting Quality. It is agreed that when the quality of planting is below 80 percent, the Government is damaged, and replanting will likely be necessary. Therefore, if the Contractor fails to plant any unit within a sub-item at a level of 80 percent or higher planting quality, the Government may terminate this contract in whole or in part under the Default Clause (FAR 52.249-8).

G.3.1.1. The Contractor shall not be charged with damages when the quality of planting arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Default Clause (FAR 52.249-8).

G.3.2. Wasted Trees. When the Contractor wastes trees, the Government is considered damaged. Damages will be charged based on the following clauses.

G.3.2.1. Wasted Trees in Inspection Plot: The sum total of the wasted trees on each of the inspection plots will be used to determine the wasted trees in the unit. The inspection plots, either the Contractor’s or the Government’s, that are being used for the calculation of payment shall be used to calculate wasted trees. The Damage Charge for trees wasted will be based on this plot calculation:

Damage Charge for Trees Wasted Based on Plot Calculation

No. of Wasted Trees On Plots

X Reciprocal of the Plot

Size X

Acres in Pay Unit

X Charge Rate per

Tree = Wasted Tree Charge

No. of Plots Taken

G.3.2.2. When wasted trees are found that are not part of the inspection plot being used for payment, and they are not considered minor in nature, the location of the found trees becomes a plot center for the calculation of the wasted tree charge. The plot calculation stated in G.3.2.1. will be used to determine the Damage Charge.

G.3.2.3. When wasted trees are found, and the damage is considered minor in nature, the Contracting Officer may waive the wasted tree charge. In no case will a waiver be given if the Total Planted Trees on the inspection exceeds the Maximum Number of Allowable Trees for any unit.

G.3.3. Actual Damages in Tree Handling and Care

G.3.3.1. Trees. Actual damages for wasted trees will not be assessed when trees are dropped or damaged by the Contractor, and not considered intentional in nature. If the Contractor mishandles trees in such a way that it results in actual or potential damage to tree(s), the tree(s) will be considered wasted. The Contractor shall pay the actual charge for wasted trees based on this calculation:

Charge for Actual Trees Wasted During Planting Operations Number of Wasted Trees X Charge Rate per Tree =

Wasted Tree Charge

G.3.3.1.1. When wasted trees are found, and damage is considered minor in nature, the Contractor Officer may waive the wasted tree charge.

G.3.3.2. The actual charge for wasted trees or materials or other Government-furnished property that is not returned, or returned in a non-usable condition is as follows:

Trees $0.95 each

Tree Shelters $3.25 each Solid Protection Tubes $0.80 each

Mesh Protection Tubes $0.55 each Bamboo Sticks $0.20 each Seedling Racks $10.10 each Seedling Cells $0.18 each

G.3.3.2.1 Return of Seedling Racks and Cells. Empty seedling cells must be placed in the seedling racks before returning them to the Deliver Point.

G.3.3.2.2 Charges on Unreturned or Damaged Reusable Materials. Charges will be assessed on seedling racks when the rate of damaged and unreturned racks exceeds 3.0% of the quantity issued. Charges will be assessed on seedling cells when the rate of damaged and unreturned cells exceeds 6.0% of the quantity issued. Charges will occur on the full percentage of the missing and damaged materials.

SPECIAL CONTRACT REQUIREMENTS

H.1. KEY PERSONNEL

H.1.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

CONTRACTOR REPRESENTATIVE

SUPERINTENDENT/FOREMAN

INSPECTOR

FIRE GUARD

H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3. The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

H.1.4. The contract will be modified to reflect any approved changes of key personnel.

H.2. FIRE CONTROL

H.2.1. Contractor’s responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor’s employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor’s employees or resulting from contract operations.

H.2.2. Smoking. Smoking and Fire Rules. Smoking is not permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter. In areas closed to smoking, the FS Project Administrator may approve special areas to be used for smoking. The Contractor shall sign these areas and shall post signs regarding smoking and fire rules in conspicuous places for all employees to see. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment or walking or working in grass and woodlands.

H.2.3. Storage and Parking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all inflammable material for a radius of at least 50 feet. Small mobile or stationary engine sites shall be cleared of inflammable material for a radius of at least 15 feet from such engine. The FS Project Administrator must approve areas of the type described above prior to use.

H.2.5.4. Communications. The Contractor should furnish a serviceable telephone or radio system that allows the Partner to contact the Forest Service or other law enforcement or emergency agencies in the event of a fire or other medical emergency. If the project's location makes communication clearly impractical, the FS Project Administrator will accept a reasonable alternative. The communications system shall be operable during the Partner's operation in the fire precautionary period and at the time fire patrol person service is required.

H.2.5.5. Emergencies and Fire Plan. The Contractor is required to comply with State and Federal Fire Laws during fire season.

a. Unless otherwise noted elsewhere in the Contract/Agreement, the Partner's area of responsibility for fire includes 150 feet around the perimeter of the unit or area being worked in.

b. The Partner shall take all steps necessary to prevent his/her employees from setting fires not required in completion of the agreement, shall be responsible for preventing the escape of fires set directly or indirectly as a result of thinning operations, and shall extinguish all such fires which…