1282AT19R4004_-_Elkhorn_2019.docx

SOLICITATION OFFER AND AWARD

2. CONTRACT NO.

3. SOLICITATION NO.

1282AT19R4004

4. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

5. DATE ISSUED

06/06/2019

6. REQUISITION/PURCHASE NO.

944178

USDA Forest Service Arapaho & Roosevelt National Forests 2150 Centre Avenue, Building E Fort Collins, CO 80526 Brooke Barker:

brooke.barker@usda.gov

NOTE: In sealed bid solicitations "offer" and "Offeror" mean "bid" and "Bidder".

SOLICITATION

9. Sealed offers in original and One (1) ELECTRONIC (email) copy for furnishing the supplies or serviced in the Schedule will be received at the place specified in Item 8.

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CONTACT (email preferred):

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by Offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 90 calendar days (60 calendar days unless a different period is inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(The Offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME AND

ADDRESS OF

OFFEROR

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or Print)

DUNS:

Email: @ .

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION: |_| 10 U.S.C. 2304 (c) |_| 41U.S.C. 142(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN: ITEM 25

24. ADMINISTERED BY (If other than Item 7)

Electronic Submission to Invoice Processing Platform www.ipp.gov

26. NAME OF CONTRACTING OFFICER (CO) (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

TABLE OF CONTENTS

ELKHORN 2019 Stewardship Page 1 of 81

ELKHORN 2019 Stewardship Page 2 of 77

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION

STEWARDSHIP AUTHORITY

Section 604 (16 USC 6591c) of Public Law 108-148 as amended by Section 8205 of Public Law 113-79, the Agricultural Act of 2014—Grants the U.S. Forest Service (Government) permanent authority to enter into stewardship contracts or agreements to achieve land management goals for the National Forests or public lands that meet local and rural community needs. Section 8205 supersedes the temporary authority granted to the Forest Service (Government) in section 347 of Public Law 105-277, the Omnibus Consolidated and Emergency Appropriations Act, 1999.

QUESTIONS

In accordance with AGAR 452.204-70—INQUIRIES, pre-award questions, inquiries and all correspondence concerning this solicitation shall be submitted in writing to the Contracting Officer (CO). Offerors shall contact only the CO issuing the solicitation about any aspect of this requirement prior to contract award. The CO’s contact information is located in Block 8 of the SF-33.

PROPOSALS

Proposals shall be valid for 90-days after the date of receipt for the solicitation. If additional time is needed, an extension must be requested in writing and may or may not be granted.

BONDS

Bid Bonds are not required for this project.

*CLINs (Contract Line Item Numbers) 001-010 and 019: neither a Payment nor Performance bond is required.

*CLINS 011-018: only a Payment Bond is required to cover 100 % value of the CONSTRUCTION. Section B.2.1 lists the construction CLINs—011 – 018. They are also included in the Wage Determination table in Section J. NOTE: bond amount should be based off of the total of all CONSTRUCTION work activities and NOT the total proposed price of the contract. Payment for bond premiums shall not be in addition to the contract price. Include bond premiums under CLIN 011—Mobilization.

CONSTRUCTION MAGNITUDE

The estimated price range for construction is: between $25,000 and $100,000.

REGISTRATION

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

B.2 SCHEDULE OF ITEMS

MANDATORY WORK ACTIVITIES

QUANTITY

(Appendix A and B apply)

(Appendix A and B apply)

(Appendix A and B apply)

(Appendix A and B apply)

(Appendix A and B apply)

(Appendix A and B apply)

(Appendix C applies)

(Appendix C applies) Lump Sum

(Appendix A applies)

(Appendix D applies)

(Appendix D applies)

Type Construct Rolling Dip (Appendix D applies)

Type Reconstruct Rolling Dip (Appendix D applies)

Type Grade/Sag Dip (Appendix D applies)

(Appendix D applies)

(Appendix D applies)

(Appendix D applies)

OPTIONAL WORK ACTIVITIES

QUANTITY

(FLAT)

TOTAL OFFER

LP

Live/Dead

PP

Live/Dead

DF

Live/Dead

True Fir Live/Dead

Engelmann Spruce Live/Dead

LP and Other Conifers (excluding Limber Pine) Live/Dead

Total Quantity

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors (Section L) for business proposal requirements.

Note: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Optional Work Activities and Timber or Other Products Removal Price Schedule.

B.3 LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with the Project Description and Specifications in Section C—Project Description and Work Specifications.

Payment for Land Management Work Activities (CLINs 001-010) and Optional Work Activity (CLIN 019, if awarded) in Section B.2.1—Mandatory Work Activities and Section B.2.2—Optional Work Activities (if awarded), will be made with either appropriated dollars or in Stewardship Credits in lieu of cash, as defined in Section G. Payment for Construction Work Activities (CLINs 011-018) in Section B.2.1—Mandatory Work Activities, are not eligible for Stewardship Credits, therefore they will be paid with appropriated dollars.

All Mandatory Work Activities in Section B.2.1 shall be performed.

Optional Work Activities in Section B.2.2 are listed in order of planned priority. Award may be made for optional items in any order that the CO determines is in the best interest of the Government.

SECTION C—DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

C.1 PROJECT DESCRIPTION

(a) Description of Work—The Elkhorn 2019 IRSC is part of the Elkhorn EA Project located on the Canyon Lakes Ranger District of the Roosevelt National Forest approximately 40 miles west of Fort Collins, Colorado. Land management objectives for the project area are summarized as follows:

(1) Improve Forest Health—Provide growing space for healthy trees and reduce fuel loadings.

(2) Utilize Timber or other products—Provide wood resource to forest product industry.

(3) Reduce hazardous fuels on National Forest System lands.

(b) To accomplish these objectives, the contract includes the following components: stand cleaning/thinning, mechanical fuels reduction, snag and down wood management, and removal of Timber or Other Products.

(c) Resulting Contract—any resultant contract will be a commercial services contract with requirements for timber removal, and minor construction.

(d) Project Location—the contract is located in T9N, R74W sections 12 and 13; T9N, R73W sections 7, 17, 18, 19 and 20; 6th P.M. Larimer County, Colorado. From Fort Collins, drive north on Hwy 287 to junction of Larimer County Road (LCR) 74E; turn west on 74E and continue to the junction of County Road 69. Continue south on County Road 69 to the intersection with NFSR 517. This intersection is the approximate northern end of the contract area boundary (refer to the Contract Area Map to locate the Elkhorn 2019 Units from this point).

C.2 SPECIFICATIONS

Specifications for each Stewardship Activity described by CLINs in Section B—Schedule of Items, can be found within the contract as well as within the appendices. Technical specifications for service items can be found in Appendix A. Specifications for timber/product removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C. Road reconstruction plans and specifications can be found in Appendix D.

C.3 CONTRACT AREA MAP

The boundaries of Subdivisions or Payment Units and any Cutting Units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by the Government to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Appendix B, Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Boundaries of cutting units;

(c) Areas where leave trees are marked to be left uncut;

(d) Roads listed

(e) Sources of base course, rock riprap and surface rock;

(f) Roads where log hauling is prohibited or restricted;

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

(j) Maximum stump heights when more than one height is listed by areas;

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Boundaries of stewardship work activities.

C.4 GOVERNMENT-FURNISHED PROPERTY

See FAR clause 52.245-2—GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES in Section I.1.1. for list.

C.5 OPERATING PLAN AND OVERALL SCHEDULE

Contractor shall provide, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F. The Operating Plan and Overall Schedule shall contain the following elements:

(a) The Operating Plan and Overall Schedule shall indicate the sequence of activities that will take place to accomplish the work described within the solicitation, Appendix A, Appendix B, Appendix C, and Appendix D including proposed start and completion dates.

(b) Contractor’s On-Site Representative—The Contractor shall designate (in writing) an on-site Contractor Representative and an alternate in their absence. Each designated representative shall be fluent in both spoken and written English. The Contractor’s Representative shall be readily available to the area of operations when operations are in progress, shall have a copy of the contract on site during operations, and shall be authorized to receive notices in regard to performance under this contract and take related action. The responsibilities of the Contractor’s Representative shall include the safeguarding of National Forest resources and performance within the terms of the contract.

(c) A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate and/or the Davis-Bacon Act Construction wage rate.

(d) All subcontractors must also provide a list of all employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate and/or the Davis-Bacon Act Construction wage rate.

Depending upon how the Contractor proposes accomplishing the activities within the solicitation, the Operating Plan and Overall Schedule may be developed by indicating when and how all work activities within individual Units will be completed, when and how individual tasks will be completed, or a combination of when and how Units or tasks will be completed. The Contractor should be able to display through an Operating Plan and Overall Schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

C.6 SUSTAINABLE ACQUISITION

Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 USC §8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 USC §8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

In compliance with FAR Part 23.4 through performance of this contract, the Contractor shall make maximum use of EPA designated and USDA designated biobased in accordance with FAR clauses 52.223-2—Affirmative Procurement of Biobased Products under Service and Construction Contracts and 52.223-17—Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Information about this requirement and a catalog of products are available at the BioPreferred Web Site.

Contractor shall utilize products and material to the maximum extent possible in the performance of this contract from EPA’s list of designated products and the accompanying recommendations for post-consumer content and recovered materials content in the following eight categories: Construction Products, Landscaping Products, Nonpaper Office Products, Paper and Paper Products, Park and Recreation Products, Transportation Products, Vehicular Products, and Miscellaneous Products.

Compliance with the USDA Biobased requirements requires Contractors to report the purchase of biobased products under service and construction contracts through the System for Award Management (https://SAM.gov) and provide a copy of the report to the Contracting Officer.

C.6.1 SUSTAINABLE PRODUCTS

The following is a list of categories for BioPreferred Products and EPA products that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Bio Preferred Products:

(a) Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

(b) Hydraulic Fluids—Mobile Equipment

(1) Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

(c) Penetrating Lubricants

(1) Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

(d) Greases—Truck

(1) Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

(e) Gear Lubricants

(1) Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

(f) Fuel Conditioners

(1) Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

(g) Erosion Control

(1) Woven or non-woven fiber materials manufactured for use on construction, demolition, service, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

(h) 2-Cycle Engine Oils

(1) Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

C.6.2 EPA DESIGNATED PRODUCTS:

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.7 DEFINITIONS

(a) Acceptable Quality Level (AQL): The allowable leeway or variance from a standard before the Government will reject the specific service. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the Government. The Contractor, however, must re-perform the defective service when possible.

(b) Biobased Products: See Sustainable Acquisitions.

(c) Biomass: Any conifer material 2 feet in height to 4.9 inches DBH.

(d) Clean-up: Items may include—slash work, fall leaners and broken tops, seeding, landing obliteration and ripping, temp road obliteration and ripping, construction of cross ditches and water bars, road maintenance, removal of warning signs, removal of equipment from project area, return of Government Furnished Property, designated improvement repair, etc.

(e) Contracting Officer (CO): Individual with authority to bind the Government with their signature on the contract.

(f) Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

(g) Non-Sawtimber: For all conifers species, minimum diameter of 5 inches DBH to Appendix B, Division A.2 specifications.

(h) Period of performance (also PoP, Performance Period or Contract Time): All calendar days allowed for completion of the contract work. Includes all days of the week including weekends and holidays.

(i) Plastic Limit: Soil moisture exceeding operational feasibility when soil can be rolled into 3 millimeter threads without breaking or crumbling.

(j) Quality Assurance: Those actions taken by the Government to check goods or services to determine that they meet the requirements of the Statement of Work (SOW).

(k) Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the Government will assess performance, checklists, and may contain decision tables.

(l) Quality Control: Those actions taken by the Contractor to control the production of goods or services so that they will meet the requirements of the SOW. Refer to FAR clause(s) 52.246-4—Inspection of Services—Fixed Price and FAR 52.246-12—Inspection of Construction, and Contractors Quality Control Plan (Section E).

(m) Quality Control Plan (QCP): Contractor’s plan for self-monitoring work prior to the Government inspection and acceptance (Section E).

(n) Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

(o) Sawtimber: For all conifer species excluding Limber Pine, as defined under Appendix B, Division A.2.

(p) (Acceptable) Service: A job performed to the standard and within the AQL. The Contractor must do the specific job, and meet the standard, and meet the AQL before one can say that performance has been acceptable and that the Contractor should be paid.

(q) Standard: An acknowledged measure of comparison.

(r) Stewardship Contracting: An exchange of goods/products for services including construction.

(s) Sustainable Acquisitions: (FAR Part 23.4—Use of recovered materials and biobased products)

(1) Biobased Products: Managed by the U.S. Department of Agriculture (USDA), the goal of the BioPreferred program is to increase the purchase and use of biobased products. The BioPreferred program was created by the 2002 Farm Bill and reauthorized and expanded as part of the Agricultural Act of 2014 (the 2014 Farm Bill). The program's purpose is to spur economic development, create new jobs and provide new markets for farm commodities. The increased development, purchase, and use of biobased products reduce our nation's reliance on petroleum, increase the use of renewable agricultural resources, and contribute to reducing adverse environmental and health impacts. Information on biobased/biopreferred products can be found at the BioPreferred Site. The Contractor shall comply with FAR clause 52.223-2—Affirmative Procurement of Biobased Products Under Service and Construction Contracts and FAR provision 52.223-1—Biobased Product Certification.

(2) EPA-designated Items: Products that are or can be made with recovered material. The Comprehensive Procurement Guideline (CPG) program is part of EPA's continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. The Contractor shall comply with FAR clause 52.223-17—Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

C.7.1 TECHNICAL DEFINITIONS: See Appendices.

SECTION D—PACKAGING AND MARKING

There are no clauses in this section.

SECTION E—INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

Contractor shall identify the Quality Control Inspection System it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the CO. Inspection records shall be made available upon request of the CO and/or COR and be maintained until the date of contract closure. The CO and/or COR may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.1.1 QUALITY CONTROL PLAN (QCP)

Contractor shall provide a general QCP with the Technical Proposal. The Contractor shall supplement the QCP within 7-days before starting work based on items awarded to the Contractor and the Government’s comments. The Contractor shall conduct quality control inspections on all aspects of work.

The general QCP shall demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The QCP shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residual tree care and other associated tasks, such as sample plots of thinning and subitems.

E.1.2 CONTRACTOR QUALITY CONTROL INSPECTION

At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The CO and/or COR may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. Inspection procedures must provide the following information:

E.1.2.1 PLOT INSPECTIONS

Where the unit of measure is per acre, the Contractor shall maintain a plot system that provides an unbiased sample of tasks listed in the Performance Requirements Summary (Section E.3.3).

The plot system shall be consistent with the method of work. The Contractor shall sample at least 1% of the Unit, with a minimum of 3 plots per Unit.

(a) Plots shall be marked and identifiable on the ground, this includes plot numbers and visible flagging.

(b) Contractor shall provide inspection sheets and a sketch map of the Unit with plot locations to the Government. Inspection sheets shall be signed and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

E.2 ACCEPTANCE

Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one (1) re-inspection for each Unit. If the Contractor fails to meet the minimum AQL, the Contractor shall rework the Unit. Anytime more than two (2) inspections are required per Unit, the Contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a payment reduction may result (Section G.2.1). Acceptance may be made for all or portions of work.

The purpose of this plan is to provide a QASP for contract items and tasks performed. This QASP provides a basis for the COR to evaluate the quality of the Contractor’s performance. The oversight provided for the contract and this QASP will help to ensure that quality levels of the Contractor’s service(s) reach the required levels of performance.

By monitoring Contractor’s service work, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all work descriptions specified in the Performance Requirements Summary (Section E.3.3).

The Government has the right to inspect and test all services called for by the contract to the extent practicable at all times and places during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay the Contractor’s work.

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reworking, the Government may:

(a) Require Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(b) Reduce the contract price to reflect the reduced value of the services performed.

E.3.2 GOVERNMENT INSPECTION OF SERVICES

The Government will inspect service work completed by the Contractor and/or subcontractor as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with the requirements of contract specifications.

All work included in the contract specifications is subject to inspections by the Government at periodic intervals throughout the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

E.3.2.1 GOVERNMENT TIMING OF INSPECTIONS

Once the Contractor notifies the Government of Unit completion, the Government will have 14-days to start inspection for payment. Timeframe to complete inspections will depend upon the number of acres to inspect and availability of inspectors. Work with CO to determine when Units will be inspected.

E.3.2.2 WORK QUALITY PERCENTAGE

Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory quadrants divided by the number of quadrants inspected determines the quality rate. The rate multiplied by 100 provides the work quality percentage.

For each completed work activity, Contractor’s quality control inspection percentage services completed will be compared to the Government’s assessment results. If the results differ by <5%, and the inspection has been conducted to the standards specified, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5%, the Government’s percentage will be used as the basis for payment.

Government will pay 100% of CLIN price if work quality of all plots meeting the AQL % or greater. If below, the Government will issue a letter of non-compliance. The Contractor will be permitted to bring work quality to an acceptable standard. If the Contractor is unable to bring the work to an acceptable standard, then CLIN pricing will be reduced according to the Payment Reductions (Section G.2.1).

In the event that work is performed that is contrary to the requirements in the contract, the Government is not liable for costs incurred by the Contractor during negligent performance that is without the fault or negligence of the Government.

· Visual inspection—walk through Units

· Random verification of compliance—Plot Inspections

Appendix B; Division A.2

· Written documentation of visual inspection

· Visual inspection—walk through Units

· Random verification of compliance—Plot Inspections

Appendix

· Written documentation of visual inspection

· Periodic verification of compliance with the use of walk through inspection and/or Plot Inspections

· Written documentation of visual inspection

Appendix C and D

· Written documentation of visual inspection

Disincentives for failure to meet the above standards may be as follows:

(a) Rework will be completed at Contractor’s expense.

(b) If rework is not physically possible, payment deductions will be made for work falling below AQL (see Payment Reductions, Section G.2.1).

(c) Damage to the residual stand or infrastructure will be assessed against the Contractor.

(d) Government re-inspection charges.

(e) Poor performance rating will be given.

E.4 FAR and AGAR CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://www.acquisition.gov/far and http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

PERTAINING TO SERVICE ITEMS

PERTAINING TO CONSTRUCTION ITEMS

SECTION F—DELIVERIES OR PERFORMANCE

F.1 SPECIAL CONTRACT TIME AND PERFORMANCE RESTRICTIONS

Unless otherwise agreed, the Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

SUBDIVISION UNIT/

CUTTING UNIT

F.1.1 OPERATING SEASON

The normal operating season is June 16th through October 15th annually.

F.1.2 START WORK DATE

The estimated start work date is July 15, 2019.

See Section F.1—Special Contract Time and Performance Restrictions, concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for Resource Protection, etc. may be addressed in the Technical Specifications.

F.1.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

Contractor shall be required to:

(a) Commence work under this contract in accordance with the accepted Operating Plan and Overall Schedule;

(b) Start work when the Contractor receives the Notice to Proceed (NTP);

(c) Prosecute the work diligently; and

(d) Complete the entire project including final clean-up of the premises by July 15, 2023.

F.2 ROAD COMPLETION DATE

Construction of Specified Roads in Appendix D, shall be completed no later than July 30, 2020.

F.3 SCHEDULES AND REPORTS

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on the anniversary of the initial contract award as stated in Block 28 of the SF-33.

All schedules and reports shall be submitted electronically (via email) to the CO and COR, as identified by the CO.

(Refer to Section L for instructions)

(Refer to Section L for instructions)

(Refer to Section L for instructions)

(1 hard copy)

(1 hard copy)

(1 hard copy)

(1 hard copy)

(email to CO & COR when complete)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

F.5.1 CLAUSES PERTAINING TO ALL ITEMS—FULL TEXT

AGAR 452.211-74—PERIOD OF PERFORMANCE (Feb 1988) The effective period of this contract is from July 15, 2019 through July 15, 2023.

(End of Clause)

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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at theses addresses: http://www.acquisition.gov/far and http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

PERTAINING TO ALL ITEMS

PERTAINING TO CONSTRUCTION ITEMS

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 MEASUREMENT

All linear and area measurements under this contract are measured on a horizontal plane, unless otherwise noted.

G.1.1 RE-MEASUREMENT

The Contractor may, at any time after award, request a re-measurement of the acreage of any Unit. The request shall be in writing within 10-calendar days after completion of a Unit. The Government’s re-measurement of the Unit shall be made within established boundaries.

If re-measurement indicates a variance of 5% or less in the acreage stated in Section B.2—Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

If re-measurement results in a variance greater than 5% in the acreage stated in Section B.2—Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

G.2 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the Timber or Other Products Value will not completely offset the costs of the work to be performed. Payment shall only be made under this Section to the extent that the work performed will not be offset by the Timber or Other Products Value during the contract period.

When payment is made to the Contractor for work performed, it will be made in accordance with FAR clauses 52.212-4(i)—Contract Terms and Conditions—Commercial Items, and 52.323-33—Payment by Electronic Funds Transfer—System for Award Management (included in FAR 52.212-5—Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Section I).

Contractor shall electronically submit complete invoices for payment to address listed in Block 25 of the SF-33 when all invoiced work has been completed and accepted by the Government. Complete invoices shall contain:

(a) Company name;

(b) Tax Identification Number (TIN);

(c) Signature and contact information of a person authorized to sign on behalf of the company;

(d) Invoice number;

(e) Contract and/or Task Order number;

(f) Project name;

(g) Contract Line Item Numbers (CLINs) and the amounts to be paid for each; and

(h) Completed Contractor Certification (Section G.2.4).

The value of work completed and Timber or Other Products Removed will be documented in a Stewardship Statement of Account produced by Forest Product Financial System (FPFS) monthly, when harvesting operations are underway.

G.2.1 PAYMENT REDUCTIONS

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL, as identified in the Performance Requirements Summary (Section E.3.3).

If the work deliverable cannot be reworked to achieve the minimum required AQL, a reduction in payment of the Unit price will be applied as shown: