129JGP19Q0018.pdf

U.S. Department of Agriculture

Forest Service

Central California Acquisition Service Area (CCASA)

631 Coyote Street Nevada City, CA 95959

April 23, 2019

RE: RFQ – 129JGP19Q0018

All Interested Parties:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The USDA Forest Service is issuing a combined synopsis/solicitation as a request for quote (RFQ), on a restricted basis, open only to HUBZone small business concerns, under solicitation number 129JGP19Q0018. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01. The Government anticipates issuing a single firm fixed price (FFP) contract award. The North American Industrial Classification Standard (NAICS) 115310, Support Activities for Forestry - Fuels Management Services, with a small business size standard of $19.0 million apply to this procurement.

Period of Performance:

This contract will be for a period of 177 calendar days from the date of issuance of the Notice to Proceed.

Contracting Office:

USDA Forest Service Central California Acquisition Service Area (CCASA) 631 Coyote Street Nevada City, CA 95959

Plumas NF, Mt. Hough RD 2019 Moonlight Mechanical Site Preparation Project

RFQ: 129JGP19Q0018

Provisions:

The following provisions apply to this acquisition:

FAR 52.212-1, Instructions to Offerors – Commercial Items (OCT 2018) FAR 52.212-2, Evaluation – Commercial Items (OCT 2014) FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (OCT 2018)

Clauses:

The following clauses apply to this acquisition:

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2018) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items (JAN 2019)

Additional terms and conditions are contained within the attached solicitation documents.

Submission of Quotes:

Proposals must be submitted in accordance with FAR provisions at 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) and the instructions set forth in this solicitation.

Proposals:

All proposals must be received by the Contracting Officer no later than 3:00 PM (PDT) on Wednesday, May 23, 2019 to the following email address listed below:

Inquiries:

All inquiries regarding this solicitation must be received in writing by 10:00 AM (PDT) on Wednesday, May 10, 2019.

Point of Contact (POC):

Craig A. Ericson, Contracting Officer Craig.Ericson@usda.gov

(530) 478-6142, fax: (530) 478-6126

Technical Point of Contact:

Linda Smith, District Culturist Linda.L.Smith@usda.gov

(530) 283-7628

USDA

FOREST SERVICE

REQUEST FOR QUOTATION

2019 MOONLIGHT MECHANICAL

SITE PREPARATION PROJECT

PLUMAS NATIONAL FOREST

MT. HOUGH RANGER DISTRICT

TABLE OF CONTENTS

Section I General Requirements

Section II Special Requirements

Section III FAR Clauses and Provisions

Section IV Instructions for RFQ Submission and Evaluations

Section V Attachments

Attachment Title of Attachment

Attachment No. 1 Pricing Sheet

Attachment No. 2 Response to Evaluation Factors

Attachment No. 3 Moonlight SP 2019 - Vicinity Map

Attachment No. 4 Moonlight 2019 – Unit Map

Attachment No. 5 Moonlight 2019 – Unit 212 Map

Attachment No. 6 Wage Determination

Attachment No. 7 Fire Plan

SECTION I – GENERAL REQUIREMENTS

1. SERVICES AND PRICES

The following abbreviations are used in this price schedule:

CLIN – Contract Line Item Number QTY – Quantity

1.1 CLINS

CLIN UNIT DESCRIPTION

UNIT OF

MEASURE

QTY

UNIT

PRICE

TOTAL

PRICE

0001 Unit 212 Mechanical Site Preparation Acres 142

0002 Unit 215 Mechanical Site Preparation Acres 64

0003 Unit 216 Mechanical Site Preparation Acres 47

0004 Unit 217 Mechanical Site Preparation Acres 94

0005 Unit 229 Mechanical Site Preparation Acres 229

0006 Unit 252 Mechanical Site Preparation Acres 31

0007 Unit 253 Mechanical Site Preparation Acres 57

Total Acres 664

1.2 NOTES:

(a) Responses for quantities less than those listed in the numbered items may be rejected.

(b) Responses without prices for each item and sub-item may be rejected.

(c) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

2. GENERAL DESCRIPTION

Description of Work: The intent of this contract is to secure services for mechanical site preparation for tree planting within the Moonlight Fire Area, which burned in September 2007.

Contract objectives are to reduce fuel loads and competing vegetation to crop trees while increasing safety within treatment areas. Mechanical site preparation requires clearing of standing and down woody debris, pulling of live brush competition, piling and covering of materials for burning. Clearing and piling is to be accomplished while maintaining some ground cover, residual snags, large down woody material, live shrub component, and stream buffers to meet wildlife and hydrologic requirements. Work unit boundaries and exclusion areas are virtual, so Contractor will need GPS for successful implementation.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

3. PROJECT LOCATION & DESCRIPTION

Location: This project is located on the Mt. Hough Ranger District on the Plumas National Forest.

The project area will include 664 acers in the Pierce Creek watershed. See maps for details.

T.27N., R.12E., Sections 4 and 5; T.28N., R.12E., Sections 19, 20, 28, 29, 32 and 33.

See vicinity and project maps for project location.

Description: Work unit corners are posted with yellow signs identifying unit numbers and yellow flagging printed with the words “SILVICULTURE BOUNDARY”. Beyond corners, the unit boundaries are virtual in nature and will require GPS to identify borders of work areas. In general, the work units have boundaries identical to those previously used for tree planting contracts administered in 2009 and 2010. Those units were mapped using GPS at that time.

Accessibility: Work site access instruction as given here is for information only.

All units are accessible via Plumas National Forest system roads by 2-wheel drive vehicle during field season, but may require 4-wheel drive during wet conditions.

The project units are northwest of Antelope Lake, accessible via Forest Road 28N03 to 28N31 and 28N02.

The Contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on Federal, state, county, and private roads.

Exclusions: (Non-Work Areas): Control areas may be designated with red and black striped flagging, stream or wet area buffers may be designated with blue and white striped flagging, noxious weed populations may be designated by orange flagging printed with the words “NOXIOUS WEEDS”. All excluded areas are to be avoided by mechanical equipment at all times.

There is acreage within all unit boundaries that are estimated to be unworkable by mechanical equipment due to slope limitation, based on Lidar data. Additionally, there are required stream buffers in which equipment will be excluded. These areas are identified on maps and the estimated acreage is deducted from the work unit quantity. (Refer to table 1 and maps for details.)

Work Unit 212 215 216 217 229 252 253

Total Acreage 144 81 63 164 256 46 60

Est. Slope Acreage 2 17 16 70 27 15 3

Est. Work Acreage 142 64 47 94 229 31 57

Table 1. Estimated Work Area

4. ESTIMATED START DATE & CONTRACT TIME

Start: Estimated start date is May 20, 2018, depending on date of award.

Time: The period of performance will be 177 days from the date of issuance of Notice to Proceed (177 Calendar days).

5. RESTRICTIONS ON WORK

Work may be performed at any time during the period of the contract, except as outlined here.

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, attached. A variance agreement may be obtained on a case by case basis. (See Fire Plan for details)

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. Wet weather soil restrictions shall apply. Operations may occur when soil is dry; that is, soil moisture in the upper 8 inches is not sufficient to allow a soil sample to be squeezed and hold its shape, or will crumble when the hand is tapped.

The Forest Service shall determine when operations are allowable due to soil moisture conditions. This is necessary to avoid operations on saturated soils.

6. LICENSES AND INSURANCE

The contractor shall obtain the insurance and licenses listed here and in 452.228-71 INSURANCE

COVERAGE - ALTERNATE I (NOV 1996):

MSPA Card (Form WH510): This contract does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

7. CAMPING AND HOUSING

Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right;

permission may be revoked for failure to comply with the terms of the permit.

8. CONTRACTOR FURNISHED EQUIPMENT:

The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

All equipment used within the contract stands shall be in such mechanical condition and of an appropriate type to meet with the requirements of the work and to produce and maintain a satisfactory quality of work. All equipment used will meet or exceed OSHA specifications.

Mechanical Site Preparation Ground-based equipment used by the Contractor shall have a factory rated ground pressure of 7.8 psi or less and a grapple or thumb and bucket with articulating boom capable of reaching at least 20 feet. The power head on the equipment shall be able to complete all work within each item and task, including completing project area by minimizing ground impact with tractor and power head.

The power head will need to accomplish multiple tasks within each unit, including but not limited to grapple piling, removing competing vegetation, pushing over snags, scattering small woody material, and constructing fire line around piles.

Fire Plan Requirement On days of Project Activity Level (PAL) “Ev” a tractor or other equipment with a blade capable of constructing fire line must be located within ¼ mile of the operating equipment in order to operate after 1:00 PM under a PAL Variance Agreement.

9. GOVERNMENT FURINSHED PROPERTY

None

10. SITE VISIT/PREWORK MEETING

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

11. DEFINITIONS

The following terms are defined for this contract:

Competing Vegetation: Refers to any of several woody shrubs that are potential competitors to existing live trees or future plantation trees, e.g. whitethorn, manzanita, chinkapin.

Damaged Tree: Any injury caused by the contractor’s performance of work exposing the cambium (i.e. the bole, cut limbs in the upper 50% of the tree, cut tops) and/or any conifer buried or partially buried by soil, rock, humus, litter, or slash. Potential leave trees which are uprooted are also considered damaged trees. Burned trees with less than 10% live crown or damaged sufficiently to pose a safety hazard are also considered damaged trees.

DBH: Diameter at Breast Height (4 ½ feet above the ground, measured on the uphill side).

Down Woody Material: Any piece(s) of dead woody material, including freshly cut material, dead boles, limbs, and large root masses, on the ground.

Effective Ground Cover: Any material on or near the soil surface that protects the soil against the erosive action of raindrops and overland flow (e.g., loose surface stones, duff, vegetative material, woody debris, leave trees, stumps, snags, down logs).

Hardwood: A tree with broad leaves rather than needles (e.g., black oak, aspen, maple, dogwood, elderberry, ash).

Large Down Woody Material: Any log 10 feet long and 18 inches diameter at the mid-point on the ground, regardless of its state of decomposition.

Leave Tree: Regardless of size, ALL live hardwoods and any live conifer with >10% green crown remaining which do not pose a threat to safety. This includes naturals and saplings extant from previous reforestation treatments.

Slash: The woody residue left on the ground after logging or accumulating as a result of natural or other human activities.

Snag: Any standing dead tree greater than 15 inches DBH and 10 feet tall.

Windrow: A line of woody material and pulled vegetation heaped to form rows.

12. SPECIFIC WORK REQUIREMENTS

Mechanical site preparation shall occur on slopes less than 40%, except short pitches (less than 100’ slope distance) that may be treated above 40% slope. All tasks and standards apply to mechanical treatment. Any portions of units not mechanically treated due to slope shall be left untreated and that quantity shall not be included in treatment acreage (See Table 1 and attached slope maps).

12.1 Primary Tasks

1. Uproot and pile competing vegetation. Retain average 20% shrub component.

2. Fell or push over damaged trees and snags up to 15 inches DBH.

3. Pile felled trees and down woody material.

4. Retain 4-6 snags per acre across the treatment unit, clumped where possible.

5. Retain an average of 10-15 tons per acre for large down woody material requirements when available.

6. Retain >50 % effective ground cover. See Definitions. Distribute concentrations of down woody material to ≥50% effective ground cover and less than 6 inches depth.

7. Avoid damage to retention features, including leave trees and saplings, snags, large downed logs, and stream buffers.

12.2 Standards and Subtasks

(a) Uproot and pile competing vegetation:

1. Within mechanically treated areas, competing vegetation shall be uprooted below the root crown whether it is alive or dead, then shaken to remove soil and piled.

2. Any competing vegetation that meets specifications for uprooting but is not able to be pulled, shall alternatively be crushed by walking over the vegetation with the mechanical equipment.

3. Retain 20% live shrub component over each treatment unit. This may include vegetation within stream buffers and portions of treatment units not workable due to steep slopes, and shrub vegetation left in untreated snag “leave islands”. See Table 1 for estimates of unworkable slope acreage by unit.

(b) Fell or push over damaged trees and snags up to 15 inches DBH:

Dead and damaged trees shall be cut or pushed over and prepared for piling to the following standards:

1. Damaged trees up to 15 inches DBH shall be cut or pushed over, except selected leave trees based on species and amount of fire damage. Any size live conifers with >10% green crown remaining shall be retained as Leave Trees (See Definitions) Selected leave trees shall not be damaged by the Contractor’s operations. All work units contain varying amounts of conifers planted in 2009 and 2010. Care shall be exercised in avoiding damage to planted trees, which may include NOT pulling brush emerging within three feet of smaller leave trees so as not to damage the root system of the leave tree. Leave trees damaged by the Contractor’s operations may incur charges for liquidated damages.

2. Bucking is only required to the extent needed for efficient piling of cut material.

Trees and snags left on ground to meet woody debris retention and 50% effective ground cover guidelines should not be bucked.

3. All snags up to 15 inches DBH shall be cut or pushed over except those needed for minimum snag retention. Retain 6 snags per acre and clump where possible. The tallest and largest diameter snags are preferred for retention. Minimum snag DBH is 12 inches if needed to meet retention guidelines. Minimum snag height is 10 feet.

Ponderosa pine snags are the preferred species to retain. In areas where it is unfeasible for safety concerns to leave 6 snags per acre, reducing snag retention to 4 snags per acre is acceptable as the minimum. In the few pockets where larger snags are more densely clumped in approximately ¼ acre clumps, retain these as untreated leave islands.

4. Leave all trees or snags within equipment exclusion zones adjacent to stream channels. Equipment may not “walk” within 100 feet of perennial or intermittent streams and within 25 feet of ephemeral streams or riparian areas. Equipment crossing ephemeral or intermittent streams may be allowed only in areas designated by Mt. Hough Ranger District soil scientist. Scientist shall be given 24 hours to respond.

5. Trees and snags to be cut may be pushed over for reasons of safety, or when disturbance to soil from such action will be minimal.

(c) Pile felled trees and down woody material:

Piles shall be neat, compact and sufficiently free of dirt to allow at least 85% consumption of the piled debris when burned. Windrows may be substituted for piles. Pile slash, competing vegetation, felled trees, and down woody material to the following standards:

1. Pile/windrow size shall range up to 25 feet in width, with no maximum height, and up to 50 feet in length. Piles may be left as windrows oriented up- and down-hill (not along contour) but successive portions shall be staggered so as not to create a continuous linear feature that may facilitate erosion. Gaps between segments of windrows shall measure a minimum of 25-50 feet. Exception: In unit 212 only, in areas with <20 percent slope, windrows may range up to 100 feet in length, pending Mt. Hough Ranger District hydrologist approval.

2. Piles shall be located to minimize damage to residual trees (at least 25 feet from the dripline) and other retained features (saplings, snags, live brush, large down woody material) when piles are burned. No piles shall be located within 25 feet of ephemeral stream channels, nor within 100 feet of perennial or intermittent streams.

(See Table 2)

3. Piling shall be accomplished with minimal disturbance to top soil and effective ground cover (See Definitions). Retain 50% effective ground cover. Minimize turning of tracked equipment within 150 feet of intermittent or ephemeral streams and riparian areas, and within 300 feet of perennial streams.

4. Cover all piles with 70-weight or greater heavy duty paper. Paper shall be located and be of size sufficient to cover finer materials within the pile in order to promote ignition and at least 85% consumption of the pile when lit. The finer materials should be located in the middle to lower portions of the burn pile for maximum efficiency. The paper must be visible and readily accessible to the lighting crew.

Windrows shall be covered on both ends of each segment, but do not need to be covered in the middle portions of the windrow.

Table 2. Equipment exclusion zones and burn pile restriction widths (full bank width, measured horizontal from both sides of stream channel) for ground-based mechanical equipment operations.

Stream Type Minimum Distance to Burn Pile Equipment Exclusion

Zone - Slope <35% Equipment Exclusion

Zone - Slope >35% Perennial 100 feet 100 feet excluded

Intermittent 100 feet 100 feet excluded Ephemeral 25 feet 25 feet excluded

(d) Retention of large downed woody material:

To meet Plumas National Forest standards and guidelines, where available, 10-15 tons per acre of large down woody material shall not be disturbed or piled. The Contractor shall leave all large woody material greater than 18 inches diameter to enhance soil productivity and wildlife habitat and to insure effective erosion control. Logs retained for this requirement generally shall be the largest diameter available in any length. (See Table 3 for guidelines).

Table 3. Approximate number of downed logs, 20 feet long needed to meet 10-15 tons per acre standard. Logs of different length would require equivalent change in number of down logs per acre.

Average

DBH

12 14 16 18 20 22 24-30 > 30

Number of down logs

24 to 30 18 to 24 14 to 20 10 to 14 8 to 12 6 to 8 4 to 6 2 to 4

(e) Distribution of slash and down woody material:

The contractor shall create piles and/or disburse woody material to achieve ground cover at 50 to 60% of treatment area and less than 6 inches depth.

1. All woody material exceeding 3 inches in diameter at the large end and 6 feet in length shall be piled, except for material left to meet retention guidelines.

2. Where there are concentrations of woody debris greater than 6 inches deep by 20 feet diameter, pile or scatter the material to a depth of less than 6 inches.

3. Concentrations of material left shall be equally distributed throughout the unit and not exceed 60% of the unit’s area. Down woody material is only one component of overall effective ground cover. (See Definitions)

4. Wherever possible, use existing skid trails for movement of equipment and place piles on skid trails.

13. PUBLIC SAFETY

Warning signs shall be posted at the edge of the unit while working in order to alert oncoming traffic of the safety hazards associated with this operation.

14. ROAD MAINTENANCE

All roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Roads which do not appear on contract maps as well as roads opened by the Contractor for their use shall be considered temporary and be blocked at conclusion of the work being performed. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage, at the Contractor's expense. Slash may not be left in the roadways, as this would pose a hazard to damaging vehicles.

SECTION II – SPECIAL REQUIREMENTS

1. SAMPLING

Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

[ ] 1/250 acre [ ] 1/100 acre [X] 1/50 acre [ ] 1/10 acre [X] other (1/5 acre)

2. SPECIFIC INSPECTION PROCEDURES

The following protocol will be used:

2.1 Competitive Vegetation

Purpose: To determine whether the operator met the contract specification of 20 percent residual competing vegetation. Stream buffers, untreated steep slopes, and snag leave islands will factor into amounts of residual competing vegetation. Critical Inspection Element

Protocol:

1. Locate pre-determined location of plot center using GPS.

2. Determine physical extent of the plot boundary on the ground.

a) Plot size is 1/50 acre.

b) Plot radius is 16.7’ horizontal distance from plot center.

c) Use cardinal directions to divide plot into quadrants. (See Figure 1)

d) Estimate how much of each quadrant is occupied by competitive vegetation and record the amount in the data sheet as a whole number (e.g. “60” instead of “0.60”).

Record estimates in increments of 5 percent.

e) Add the observed values of each quadrant, then divide the sum by 4 for an average per plot.

f) Target 0-20 percent, with tolerance of 15-30 percent of unit; payment deduction of 1 percent for each 5 percent above or below tolerance.

Figure 1. Plot radius size and quadrant designation

2.2 Effective Ground Cover

Purpose: To determine if the target of minimum 50 percent ground cover was left by the operator.

Protocol:

1. Use same size plot radius as Competitive Vegetation, 1/50 acre.

2. Use cardinal directions to divide plot into quadrants. (See Figure 1)

3. Estimate how much of each quadrant is covered by material (other than bare soil) and record as a whole number. Vegetation is included in estimation of Effective Ground Cover.

(See Definitions)

4. Total observed values of each quadrant and divide by 4 for an average per plot.

5. Target 50 percent, with tolerance of 50-60 percent; payment deduction of 1 percent for each 10 percent above or below tolerance.

6. Observe and record the average depth (in inches) of the woody debris in each quadrant, divide the total by 4 to determine the average depth per plot.

7. Target <6 inches, with tolerance <8 inches; payment deduction of 1 percent per inch over tolerance.

2.3 Large Down Woody Debris (DWD)

Purpose: To determine how much large woody debris was left by the operator. Contract specifies between 10-15 tons wherever available.

1. Use plot radius of 1/5th acre, nesting plot over the same center as 1/50 acre plots.

2. Only tally DWD that meet the following criteria: (See figure 2)

a) Minimum overall length of 10’

b) Minimum diameter of 12.0” at midpoint

c) Large end of DWD must be in plot radius

3. Tally and measure the average diameter and total length of each piece of DWD that fits the criteria and record in data sheet.

4. Calculate the total amount of plot DWD using instructions provided on data sheet.

5. Target 10-15 tons per acre, with tolerance of 5-20 tons per acre; payment deduction of 1 percent per 10 tons over tolerance.

Figure 2. DWD plot diagram

2.4 Grapple Pile Inspection

Purpose: To determine whether piles were constructed properly per contract specifications.

Critical Inspection Element

1. Use the same size plot as DWD, 1/5 acre.

2. Inspect grapple pile if any portion of the pile falls within the plot boundary.

3. Inspect the pile using the following criteria and tally results in data sheet:

a) Placement: Critical Inspection Element – Improper pile placement is an automatic fail for that pile.

i. Piles shall be located to minimize damage to residual trees (at least 25 feet from the dripline) and other retained features (saplings, snags, live brush, large down woody material) when piles are burned.

ii. No piles shall be located within 25 feet of ephemeral stream channels, nor within 100 feet of perennial or intermittent streams.

b) Pile Construction:

i. Piles shall not exceed 25 feet diameter. Windrows shall not exceed 100 feet length per segment.

ii. Piling shall be accomplished with minimal disturbance to top soil and effective ground cover (See Definitions). Piles shall be relatively dirt free.

iii. The finer materials should be located in the middle to lower portions of the burn pile for maximum efficiency.

iv. Minimize turning of tracked equipment within 150 feet of intermittent or ephemeral streams and riparian areas, and within 300 feet of perennial streams.

c) Covering of Piles and Windrows:

i. Cover all piles with 70-weight or greater heavy duty paper.

ii. Paper shall be located and be of size sufficient to cover finer materials within the pile in order to promote ignition and at least 85% consumption of the pile when lit.

iii. Paper shall be visible and readily accessed by lighting crew.

iv. Windrows shall be covered on both ends of each segment.

4. Record the result of each pile on Pass/Fail basis according to the following criteria:

a) A “Fail” of the critical element (Placement) results in a “Fail” of that pile.

b) A “Fail” of two or more non-critical elements results in a “Fail” of that pile.

c) A “Pass” of the critical element and at least two of the non-critical elements results in a “Pass” of that pile.

5. Tally results at the end and calculate passing percentage of piles by dividing “Total Pass” by “Total Number Piles” in plot.

6. Target 100 percent, with tolerance of 80-100 percent; payment deduction of 1 percent for each 1 percent below tolerance.

2.5 Snags

Purpose: To determine the number of residual snags per acre. Snags should range from approximately 4-6 snags/acre and be the largest available in the treatment unit.

1. Use the same size plot as DWD, 1/5 acre.

2. Snags must be a minimum of 10’ tall, recorded in two height classes.

3. Separate snags into two DBH classes: above and below 15” DBH.

4. Tally how many snags are within the plot and enter under proper category.

5. Target 4-6 per acre, tolerance is variable depending on availability.

2.6 Plot Summary

1. Record results from each inspection element as indicated under “Plot Value”.

2. Apply the appropriate expansion calculation as indicated on form, and record resulting score under “Final Result”.

3. “Final Result” of each plot will be combined with other plot data for that payment unit and the average scores for each inspection element will be assessed for payment.

4. The two critical elements (Competitive Vegetation and Pile Construction) and three of four non-critical elements must pass within the tolerance levels to achieve full payment.

3. ACCEPTANCE

Work on this contract will be deemed acceptable when the above measurable performance standards are met.

4. GOVERNMENT INSPECTIONS

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections.

Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. The cost associated with the inspection attempt may be charged to the Contractor if the work is not ready for inspection at the time specified by the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable.

Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

5. PREWORK

Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

6. WORK TIMING

The Contractor shall begin work within five (5) calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

1 May 24, 2019 177 days

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

7. WINTER SHUTDOWN

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

8. PAYMENT

Payments and Deductions.

This is a performance based contract with disincentives for poor performance. Reductions in performance will result reductions in pay on a per Unit (bid item) basis. Payment will be based on the quality of work perfumed on a sliding scale (Table 1). See SECTION II – 3. ACCEPTANCE for details.

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

9. INVOICES

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at http://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to start the IPP enrollment process, please verify that the point of contract’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866- 973-3131.

IPP invoices are now the official payment record. Contractors must include and IPP attachment which shows the breakdown of billing based on the pricing schedule items and/or subitems. For assistance with invoicing in IPP, the help desk phone number is 1-866-973-3131.

10. EMERCENCIES

Fire Plan

[X] See Attached Fire Plan

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the Fire Plan defines the limits of a contractor's area of responsibility for fire.

11. SUPERINTENDENCE BY CONTRACTOR

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

12. CAMPING PERMIT COMPLIANCE

Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

13. ARCHAEOLOGICAL AND HISTORIC SITES

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

14. SPILL PLAN

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

15. EQUIPMENT CLEANING

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all ATVs and UTVs, logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

16. EMPLOYMENT OF ELIGIBLE WORKERS

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements.

Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime

Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters

i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged

PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

(Contracting Officer – only include those applicable to your project.)

• MSPA – Forestry Working Conditions Checklist

• Manual Logging activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_e quip.html

• General Machine and Vehicles Logging activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

• Manual Tree Planting

• Spraying

• Firefighting

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63:

Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation

a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles.

Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver’s licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing

a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate.

Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities.

Check with local FS unit for camping requirements, camping permits may be required.

Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142.

The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled “452.236-72 Use of Premises” in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

i. Every structure used as shelter must provide protection from the elements.

Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

iii. The campsite must have a clean appearance at all times.