AG-0116-S-13-0072_Fire_n_Ice_071113.pdf

AG-0116-S-13-0072

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 31

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

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 at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

07/11/2013

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

Catherine Powell crpowell@fs.fed.us 648 Mission St.

Ketchikan, AK 99901

1400 AD 08/13/2013

CATHERINE R POWELL 907

crpowell@fs.fed.us

228-6242

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PAGE(S)

CATHERINE R. POWELL

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2

4-8 8-12 12-14 14-15 15-23

24-25

27-29

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0116-S-13-0072

(A) (B) (C) (D) (E) (F)

Tongass National Forest Ketchikan Ranger District Fire n Ice Pre-Commercial Thinning

Inquires regarding this acquisition must be directed to the contracting officer. Questions regarding this solicitation are invited on or before August 1, 2013, so the contracting officer can make any needed clarifications or amendments.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Fire N Ice PCT Solicitation Number: AG-0116-S-13-0072 Contract Number:

PART I – THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

This is a Total Small Business Set-Aside

PROJECT:

Item No. Description Line item funding distribution Unit Qty Unit Price Total

1 Pre commercial thin RTRT05/01 (143 ac) AC 143 $ $ 2 Pre commercial thin RTRT05/01 (53 ac) AC 53 $ $ 3 Pre commercial thin RTRT05/01 (72 ac)

AC 72 $ $

4 Pre commercial thin RTRT05/01 (66 ac)

AC 66 $ $

5 Pre commercial thin RTRT05/01 (40 ac)

AC 40 $ $

TOTAL: AC 374 $

Additional Vendor Information

Contact Name:

Phone No:

Email:

DUNS No:

U.S. Department of Labor, Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Registration Number:

In accordance with Forest Service clause FSAR 4G52.222-703, if the successful offeror employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

(a) The purpose and intent of this contract is to secure services for pre-commercial thinning of conifer reproduction, approximately 15 to 35 years old. The Contractor must furnish all labor, equipment, housing, subsistence, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property.

C.2 Project Location and Description

(a) Location and General Accessibility (1)The project is located on the Tongass National Forest, Ketchikan-Misty Fiords Ranger District.

The project is located in the northwest portion of Revillagigedo Island and is accessible by water or air from Ketchikan, Alaska. The project is located on the approximately 18 air miles northeast of the city of Ketchikan.

(2) None of the items can be accessed by road from Ketchikan.

(3) Ketchikan is accessible via the Alaska Marine Highway System from Bellingham, Washington or Prince Rupert, BC and also via Alaska Airlines with services out of Seattle, Washington and Juneau. Several air charter services are available from Ketchikan. Charter boat services, as well as landing craft and barge services, are available from Ketchikan.

(b) Overall Physical Description of Ground Conditions

(1) The project area contains old logging slash that may be heavy in areas. The surface of the ground is extremely broken with some slopes becoming abruptly steep or having rock outcrops and bluffs of various sizes. Wind throw does occur along some sections of the boundary. Brush can be extremely thick in many areas, especially in areas with lower tree stocking. Old logging cable and debris may be present.

(2) Tree heights, diameters, and densities vary as site productivity conditions change over the project area and may also exhibit variable areas of muskeg and thick hemlock and spruce competition.

(3) Potential contractors are encouraged to examine the young growth stands on the ground before submitting an offer, in order to determine their expenses in doing the work. Logistics, access, weather, thickness of brush, steepness of slopes, presence of slash, and density of conifer regeneration are just some of the critical items that should be examined on the ground by each potential contractor.

(4) No statistically reliable stem count data is available for the project area.

(c) Item(s) Accessibility

(1) The Government does not guarantee vehicle access or continued vehicle access to project areas by road. Roads indicated on the contract map may not be accessible by motorized vehicle. Road maintenance by the Government will not be provided for in this contract.

(2) If access to any of the items changes due to weather, floods, slides, failure of man-made structures, or any natural phenomenon, the Government reserves the right to delete those items affected by the change in access. The Government may decide to substitute similar items, or may provide an alternate access route. The Government may also agree to the completion of the work on those items affected by a change in access with an adjustment in contract price, an extension in contract time, or both. Fire Cove is accessible by boat, barge or float plane from Ketchikan, AK. There is a road system beginning at the Fire Cove LTF which continues throughout the project area. See Section J for item specific accessibility.

(d) Local Services

(1) Ketchikan, Alaska is a full service community that is linked to Seattle, Washington via Alaska

Airlines, the Alaska Marine Highway Ferry System, (from Bellingham, Washington) and barge services from Seattle. Ketchikan is the administrative site for the Ketchikan – Misty Fiords Ranger District.

(2) For information on the goods and services available, visit: http://www.ketchikanalaska.com

C.3 Safety

(a) Occupational Health and Safety Act (OSHA) and Safety Plan

(1) Contractors are subject to all applicable State and Federal OSHA rules and regulations. Work sites are remote, and advance planning with regards to safety is crucial. Contractors must be prepared to discuss their safety plan and an emergency evacuation plan at the time of the pre-work meeting.

(b) Communications

(1) All work sites are remote, and telephone service is usually unavailable on or anywhere near work sites. Having access to reliable communications is essential should an injury occur on the work site. Cell phone coverage in SE Alaska is not consistent. Contractors are encouraged to familiarize themselves with proper use of radios as well as emergency procedures.

(2) At the time of the pre-work meeting, contractors must be prepared to discuss their communications plan. Contractors shall provide a functional two-way communication system and be familiar with its use. The Contracting Officer's Representative (COR) or her /his inspectors may require the contractor, or their employees, to display on site that they have functional, adequate communications. Inadequate communications will be cause for the issuance of a written cure notice, or stop work order.

(c) Travel

(1) Logistics pose a special challenge on the Tongass National Forest. Gaining access into remote work areas requires planning and research into local conditions. Contractors are advised to learn about the transportation systems of Southeast Alaska. Of special concern are jobs that may require a contractor to use small boats to access a work area. Boating can be dangerous any time of year in Southeast Alaska, particularly in the fall, winter and early spring. Contractors are encouraged to familiarize themselves with emergency procedures.

(d) Climate

(1) Southeast Alaska has a cool and moist maritime climate. This maritime climate results in cool summers, moderate winters, considerable precipitation distributed throughout the year, and a high percentage of overcast days. Precipitation amounts vary widely throughout Southeast Alaska, and annual precipitation of over 100 inches is common. All field workers should be prepared for wet, cool conditions.

(e) Bears

(1) Brown Bears ____and/or Black Bears _X__ may range through the contract area. Black bears and particularly brown bears (a large, coastal form of the Grizzly) are considered unpredictable and potentially dangerous in human/bear encounters. It is suggested that contractors carry a large caliber weapon as bear protection. Any bear shot in defense of life or property requires a written explanation and becomes property of the State of Alaska. The best protection is avoiding bear/human contacts. Campsites shall be kept clean and free of garbage. Failure to do so will result in the issuance of a cure notice or a stop work order. Waste disposal shall be in accordance with Federal EPA guidelines. Report any problems with bears to the Contracting Officer (CO) as soon as possible. This may be done through the COR, or his/her inspectors. Especially important is the reporting of bears that appear to have become habituated to humans. Report habituated bears so that the Government can notify the public.

C.4 Item Boundaries

(a) The Government will mark the exterior boundaries of each item with florescent pink and yellow flagging together, unless a distinct physical feature is available which would serve as boundary. Distinct physical features can be roads, well defined slope breaks, limit of old growth timbered edges (stump line), or stream courses. The Contractor is responsible for thinning within the measured boundary and should direct any questions regarding boundary location to the Contracting Officer. Boundaries as shown on the contract maps or aerial photo overlays represent approximations of the actual item boundaries.

(b) Land Survey Corner Monuments and Markers

(1) The Contractor is responsible for the preservation of all corner monuments, stakes, and permanent plot markers. Corner monuments and plot markers may be of various materials including iron re-bar, wood post, marked tree and PVC pipe. When damaged by the Contractor's operations, the cost of replacing them will be charged to the Contractor.

C.5 Thinning Specifications

(a) Cut and Leave Tree Limits

Tree Size Treatment Less than 2 ft. high Leave and ignore for spacing 2 ft. high and less than 7 inches dbh Cut trees to reach the desired spacing 7 inches dbh and less than 14 inches dbh Girdle trees to reach the desired spacing 14 inches dbh and greater Do not cut or girdle – ignore for spacing

(1) All trees qualifying for treatment within their own height of the road prism on a designated road (Section H.6, Definitions), shall not be girdled, but cut and felled according to specifications found in Section C.5.(e), Felling. This is required to prevent slash from entering roads or road drainage structures, should the girdled trees break or blow over.

(b) Spacing of Leave Trees (TTPA Option)

(1) The Contractor shall thin all eligible trees to specifications. Eligible trees are those 24 inches

(2 feet) and greater in height. The goal of this thinning is to achieve the Target Trees per Acre (TTPA) with a 25% +/- variance allowance. Proper leave tree selection within the TTPA variance is the goal of this thinning rather than uniform spacing. Spacing guidelines and TTPA variance allowed for each item are listed below:

Bid-Item Target Trees per Acre

Average Spacing (feet) Minimum TTPA Max TTPA

All 222 14x14 167 278

(2) The spacing example diagram in Section J visually illustrates the spacing(s) required in this contract for the above table.

(3) Avoid grid spacing and focus on leaving the biggest and most desirable trees within the TPA variance allowance. Using a triangle as a base for determining trees to leave is a good method for evaluating average spacing at any point within a stand. Cut all trees within leave tree triangle after determining which trees to leave. The focus should be on leave trees rather than cut trees. The end result of thinning meeting these specifications is a stand with healthy, well-formed, vigorously growing trees averaging 222 TPA (+/- 25%) at any given point in the stand. Leaving excess trees in a portion of the stand will not make up for areas that were thinned too heavy (or vice versa), and will result in lower thinning quality (see Section E.2.1 Method of Inspection).

(c) Trees to Favor for Leave Trees

(1) Within the spacing targeted trees per acre requirements the Contractor shall select as leave trees, the largest, best formed, most vigorous tree, of the preferred species. It shall be dominant or co-dominant, free from mechanical or animal damage, and show no signs of disease or dwarf mistletoe. In the event the Contractor determines that no trees meet these specifications, he/she shall choose the one that comes closest to meeting the specifications in order to maintain the required stocking

(2) The Contractor shall not select forked trees or trees that are growing on logs or stumps as leave trees, unless no other crop tree is available. Forked trees may be selected, in the absence of a more desirable crop tree, if they are at least half or more the height of the alternate tree choices. If a forked tree is selected, all stems comprising the fork shall be left.

(3) For Items 1-4, favor tree species to LEAVE in the following order:

1. Sitka spruce

2. Yellow Cedar

3. Red Cedar

4. Western Hemlock

5. Red Alder

6. Mountain Hemlock

7. Lodgepole Pine

(4) For Item 5, favor tree species to LEAVE in the following order :

1. Yellow Cedar

2. Sitka spruce

3. Red Cedar

4. Western Hemlock

5. Red Alder

6. Mountain Hemlock

7. Lodgepole Pine

(d) Stump Height – Removal of Live Limbs

(1) All trees to be cut shall be cut below the lowest live limb, except when prevented by natural obstacles. Natural obstacles are objects that could damage a saw blade if nicked, such as rock, cable or mineral soil. They do not include logs or stumps. Any live limbs left on stumps because of natural obstacles shall be trimmed to within 4 inches of the obstacle. Stump height shall not exceed 12 inches above ground level or 4 inches above natural obstacles.

(2) Pruning branches of leave trees is allowed only when required to access and sever excess trees growing within the leave tree crown. Pruned branch stubs should not exceed 4 inches in length. Care should be taken not to damage the leave tree bole. Damaged leave tree boles or long-branch stubs in excess of 4 inches shall count as a damaged tree for inspection purposes.

(e) Felling

(1) Cut trees shall be felled away from item boundaries, roads including associated ditches and road banks, established game and recreation trails, ponds and streams that are marked on the ground and/or so designated in the contract map(s). Any trees falling in such areas shall be removed and pulled back into the cutting area. Felled trees shall not be left leaning on, entangled in the branches of or covering any crop tree.

Reasonable efforts must be made to ensure that all cut trees are completely felled. At no time will cutting be allowed outside designated item boundaries without written authorization from the Contracting Officer.

(f) Girdling

(1) Use a chainsaw or other acceptable tool. Make two continuous and parallel cuts around the tree bole as in Section J Exhibit 9.

(g) Basic Thinning Slash Treatment

(1) All slash treatment, including pull back or any required lopping and scattering shall be performed concurrently with thinning operations.

(2) Thinning slash shall be pulled clear of roadways and associated ditches and road banks. This slash must be pulled back into the general cutting area on roads bordering or within the cutting unit.

(h) Special Thinning Slash Treatment

(1) Not applicable.

(i) Roads

(1) Roads are considered and shall be treated as part of the treatment unit when found inside established boundaries. Where boundaries are un-flagged and fall along roads, the boundary of the treatment area shall be the centerline of the road surface. Felling of trees on and along all roads shall be performed in accordance with Section C.5.(e) Felling and C.5.(g) Basic Thinning Slash Treatment.

(2) Some roads accessing or contained within units may be physically closed to vehicle traffic by water bars, removed culverts, alder re-growth or other physical barriers. To improve access, the Contractor may alter or remove physical barriers such as water bars and alder re-growth with prior written approval of the Contracting Officer. Contractor altered physical barriers, with the exception of alder/conifer clearing, must be restored to their previous condition prior to final payment for the item in which they occur.

(3) Trees and shrubs may be cut on the closed roads to aid access and are subject to the specifications found in Section C.5(e), Felling or C.5.(g) Basic Thinning Slash Treatment.

(j) Streams

(1) Thinning debris will be removed from all mapped streams.

(k) Nest Trees

(1) Trees to be cut, which have active songbird nests in them shall be girdled instead of severed according to specifications found in Section C.5.(f), Girdling. A tree with an active or inactive eagle, other raptor or heron nest shall not be girdled or cut. Notify the Contracting Officer promptly should an eagle, other raptor or heron nest be found in or adjacent to a thinning item as special provisions must be applied and a substantial buffer of uncut vegetation may be required.

(l) Bear Dens

(1) Any bear dens encountered during thinning operations shall be reported to the Contracting

Officer and, if possible, a screen of trees, 10 feet minimum and 25 feet maximum in width shall be left to hide the den opening. Dens can sometimes be located by observing cedar and hemlock trees, which have been stripped of branches to a height of seven feet (branches are used for bedding). A den opening may be visible beneath a stump. The Contractor should consult with the Contracting Officer if there are any questions.

(m) Beaver Ponds

(1) Thin to edge of beaver ponds, no leave tree buffer required.

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

(a) The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.2 Thinning Inspection

(a) Frequency of Inspections. The Government will conduct inspections during the contract performance period at such times and places as the Contracting Officer deems sufficient to ensure satisfactory contract performance.

(b) Contractor Responsibilities. Prior to payment inspections, the Contractor shall submit a written request for inspection. Prior to Government inspection, the Contractor shall provide written self-inspection results indicating the acreage completed and certifying that the work has been inspected by the Contractor or contractor's authorized representative and that it meets contract requirements.

(1) The Contractor shall provide on-the-ground evidence of self-inspection. Self-inspection plots shall be flagged and numbered on the ground and the plot number recorded on the inspection form. A map showing plot locations shall be submitted to the Government along with the request for inspection. The self-inspection plots will be randomly checked by the Government.

(2) Inspection/Request/Certification forms will be provided at the pre-work meeting for the Contractor's use. The Contractor is responsible for ensuring that work to be inspected for payment purposes, and requests for payment inspections, are in compliance with the contract requirements. If the Contractor fails to provide the self-inspection results, when they are requested, or comply with the contract requirements regarding inspection or prosecution of the work, the Government may cancel the inspection at the Contractor's expense.

(c) Area(s) for Inspection.

(1) Cut areas for inspection must be contiguous and within a single contract item, unless the

Contracting Officer has approved cutting in separate contract items, and/or separate areas within a contract item, in accordance with Section F.3.2, Prosecution of Work. Each contract item, as designated on the contract maps and in the Schedule of Items, will be separately inspected and the quality will not be averaged with any other contract item. Government estimates of work completed shall not be subject to dispute. Each contract item inspection and/or re-inspection will stand on its own (i.e. it will not be averaged with other inspections to come up with an overall thinning quality for the contract item).

(d) Method of Inspection (TTPA Option)

(1) The quality of performance will be determined from the results of a series of scattered check plots of pre-determined radius and area. Sufficient plots will be taken to total at least one-half of one percent (0.5%) of the area being inspected. Plots will be flagged and numbered on the ground and the plot number recorded on the inspection form. Additionally, if observations made while inspecting the thinned areas show gross contract noncompliance such as missed clumps of trees, failure to thin to item boundary, unsatisfactory road and stream treatments, excessive numbers of high stumps, excessive numbers of live limbs, leaners or hang-ups (felled trees leaning on, entangled in the branches of, or covering any crop tree), the inspection may be terminated and the Contractor required to rework the thinned area.

(2) Plot Size: The table below indicates the inspection plot size in fraction of an acre and actual plot radius for each spacing requirement. The No. of Trees Targeted represents the number of well spaced crop trees that should be present per plot given fully stocked ground conditions.

Spacing (feet)

Plot Size (fraction)

Plot Radius (feet)

No. of Trees Targeted

Minimum Check Intensity

14x14 1/32 20.8 7 1 plot per 6 AC

(3) The inspection procedure will take into account the fact that the number of leave trees per plot may vary within each spacing regime due to poor initial stocking levels or the TTPA variance allowed (see Section E.5.2, Spacing of Leave Trees TTPA Option) to select the best crop tree. However, average TTPA within each inspection block must be maintained. In most cases, inspection plots should show the normal number of well-spaced trees indicated above. However, because of the variance in spacing allowed, it is possible that an inspection plot could reflect the spacing variance, but this would be the exception rather than the rule. The Contractor is cautioned that inspection plots revealing other than the average number of trees per plot will be cause for a written work order to improve the quality of thinning. Repeated failure to comply with written work order(s) is grounds for termination of the Contractor's right to proceed. For individual plots, the minimum/maximum acceptable number of trees per plot is indicated in the following table:

TTPA Minimum No. of Trees

Maximum No. of Trees

222 5 9

(4) For calculation purposes, the number of crop trees found on the plot, if within the acceptable range as shown above, will be listed in Column 2 ( # of Trees to Be Left) on the inspection form, Section J, Exhibit 2, Thinning Inspection Report, providing they meet spacing requirements. If there are deficient trees on the plot, the minimum acceptable number of trees will be used in Column 2. If there are excess trees on the plot, the maximum acceptable number of trees will be used in Column 2. When considering less than fully stocked conditions, a growing site, which would normally be occupied by a tree on spacing, that is un-stocked or non-stockable, shall be considered an acceptable tree for purposes of calculating inspection results. The actual number of eligible trees found on the plot will be listed in column 3 (including any trees missed due to heavy brush, neglect, or other reasons).

(5) Corresponding Slash Treatment and Inspection: Because the thinning and slash treatment are to be accomplished concurrently, inspection for payment will not be performed until both the thinning and any required slash treatment are completed.

(e) Thinning Inspection Report (TTPA Option)

(1) At each inspection plot the inspector will examine the thinning plot area and record the findings on the thinning inspection report (Section J, Exhibit 2 in) as follows:

• The number of trees to be left, in Column 2 (adjusted for actual stocking and spacing variance as indicated in Section E.2.1, Method of Inspection TTPA Option).

• The number of actual trees left, in Column 3.

• The number of unsatisfactory trees left, in Column 4.

• The number of deficient trees, in Column 5.

• The number of excess trees, in Column 6.

(2) No tree will be counted twice against the Contractor. Example: If an excess tree remains on the plot, and it is also unsatisfactory, it will be recorded as either excess or unsatisfactory, but not both.

Inspection report categories (shown on the report form as Columns) are outlined below.

(3) Inspection Report Information:

a. PLOT NUMBER

b. NUMBER OF TREES TO BE LEFT: The target number of crop trees on a 100 percent stocked plot is 7 trees. The number of trees to be left will be adjusted according to the stocking of the plot, and according to the 25 percent TTPA variance allowance.

c. NUMBER OF TREES LEFT: the actual number of uncut eligible trees on the plot.

d. NUMBER OF UNSATISFACTORY TREES: the number of trees that do not meet contract specifications, such as, but not limited to:

• Diseased, poorly formed, wildlife damaged, or otherwise undesirable leave tree, [counts as ONE

TREE]

• Leaner (an uncut tree leaning due to cut tree leaning on it; a cut tree covering a crop tree; a cut tree hung in the branches of a crop tree, which could be reasonably removed; or bole to bole contact of a cut tree and crop tree for whatever reason); [counts as ONE TREE].

• Thinning damaged leave tree, which includes saw scars, pruned limb stobs greater than 4 inches or broken leader; [counts as ONE HALF TREE].

• Tree not completely severed from the stump; [counts as ONE HALF TREE].

• Live limb left on the stump; [counts as ONE HALF TREE].

• High stump; [counts as ONE QUARTER TREE].

e. NUMBER OF TREES DEFICIENT: The number of trees less than number 2 above; [counts as ONE

TREE].

f. NUMBER OF TREES EXCESS: The number of trees greater than number 2 above; [counts as ONE

TREE].

(f) Calculation of Thinning Quality

(1) The quality of thinning will be calculated as follows:

1 - (# unsatisfactory + # deficient + # excess) x 100 = thinning quality % (# leave trees to be left)

(2) Inspections which achieve a 90% (minimum acceptable level) or higher thinning quality, using the formula in (a) above, will be considered satisfactory and qualify for full payment, providing no gross noncompliance exists.

(3) Where thinning quality is unsatisfactory (below 90 %), and it is likely that the quality could be improved or raised to satisfactory by rework, for example if too many trees are left, the Contractor will be required to rework the thinning.

(4) For inspections that achieve a thinning quality of 85% to 89%, providing no gross noncompliance exists and it is unlikely that the quality could be improved or raised to satisfactory by rework, payment may be made at a reduced rate for the affected payment item. The payment reduction shall be at the rate of one (1) percent less, for each percent that the thinning quality falls below 90 percent

(5) For inspections that achieve a thinning quality of 80% to 84%, providing no gross noncompliance exists and it is unlikely that the quality could be improved or raised to satisfactory by rework, payment may be made at a reduced rate for the affected payment item. The payment reduction shall be at the rate of two (2) percent less, for each percent that the thinning quality falls below 90 percent

(6) For inspections that achieve a thinning quality of 70% to 79%, providing no gross noncompliance exists and it is unlikely that the quality could be improved or raised to satisfactory by rework, payment may be made at a reduced rate for the affected payment item. The payment reduction shall be at the rate of three (3) percent less, for each percent that the thinning quality falls below 90 percent

(7) Where thinning quality is unsatisfactory and is below 70%, and it is unlikely that the quality could be improved or raised to satisfactory by rework, reduced payment may be made at the discretion of the Contracting Officer.

Example 1

There are 36 acres ready for inspection in an item with 14' X 14' spacing. A 0.5% sample would be (36 acres) (.005) = 0.18 acres of inspection or six 1/32 acres plots of 20.8' radius each. The target trees per plot is 7. With a 50% tree spacing variance the minimum trees per plot is 4 and the maximum is 10. Assume that field inspection data is as follows:

(1) (2) (3) (4) (5) (6) (7)

Plot No. # Trees to be Left #Trees Left #Unsatisfactory

Trees #Trees

Deficient #Trees Excess Remarks

1 7 7 0 0 0 OK

2 10 11 0 0 1 1 excess 3 7 7 2 0 0 2 poor choice

4 5 5 0 0 0 large boulder on plot = 2 trees

5 4 3 0 1 0 1 deficient

6 9 9 0 0 0 OK

Totals 42 - 2 1 1 -

Applying the formula: 1 – (1+1+1+1) x 100 or 1 – 4 x 100 or 0.90 x 100 = 90% 42 42

In this case the work is satisfactory and the full progress amount was earned since inspection results were equal to, or greater than 90%:

Amount earned = 36 acres X Item bid price per acre.

However, if: (1) the inspection results are below 90% but above 69%; (2) the quality cannot be improved or raised to a satisfactory level by rework; (3) the amount earned will be calculated per payment calculation level as in E.2.3 (c), (d), or (e) which ever the thinning quality falls within.

Example 2

The inspection results in a thinning quality equal to 78%, which falls within payment calculation level (e).

(0.78) x 100 = 78% thinning quality, 90% - 78% = 12% X 3 = 36% payment reduction.

Amount earned = (0.64) X Item bid price per acre X number of acres

(g) Unsatisfactory Work or Re-work and Re-Inspection

(1) Unsatisfactory Thinning If inspection results from plot data are marginally below minimum acceptable levels, the Government may, at the inspector's discretion, increase the sampling intensity, up to double the sampling intensity (double the number of plots) and average all plots to obtain an estimate of thinning quality. If the thinning quality falls below the minimum acceptable level of 90%, the Contracting Officer will notify the Contractor in writing and order him/her to improve the quality of thinning. If the quality of subsequent thinning is not raised to an acceptable level by the time of the next Government inspection, the Contractor's right to proceed may be terminated and the contract terminated for default. Failure to consistently perform work at or above the minimum acceptable level will result in default termination.

(2) Excess Trees When walk through examination reveals gross noncompliance or when inspection results fall below the minimum acceptable level of 90% and excess trees, leaners, high stumps, live limbs or specified treatments not applied are the main cause of the deficiency, the Contractor may be required to rework the affected area(s). Inspections after rework will be made in the same manner as the first inspection, but different plots will be established. The Contractor shall pay the actual costs of re-inspections necessitated by rework. No re-inspection on reworked areas will be made until the rework is completed and the Contractor furnishes written self-inspection results. Reworks must be satisfactorily completed before any new thinning will be inspected.

(3) Deficient and Unsatisfactory Trees When thinning quality falls below the minimum acceptable level of 90% and the poor quality is due primarily to over-thinning (deficient number of leave trees) or poor leave tree selection (unsatisfactory trees), rework is generally not feasible. In such situations the Contracting Officer will determine whether rejection, rework, or reduced payment is appropriate.

(4) Re-inspection of Thinning Upon Contractor Request If initial inspection results from plot data are below minimum acceptable levels and the Contractor disagrees with the results of the inspection, the Contractor may request a re-inspection. The Contracting Officer will determine if a re-inspection is warranted, and if warranted, the same inspection procedure will be used. However, new plots will be established. The results of the re-inspection will govern. If the re-inspection results are also below the minimum acceptable level, the Contractor will be charged for the cost of the re-inspection. In any case where the results of the re-inspection are acceptable (90% or above), the Government will bear the cost of the re-inspection. Requests for re-inspection must be submitted in writing at the time of notification of original inspection results. Rework of areas while in dispute and under request for re-inspection will not be tolerated and may be grounds for termination.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 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 this address: www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52-.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) http://www.arnet.gov/far/

F.2 AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

(a) The period of performance of this contract is:

Items Total Acres Estimated Start Work Date Contract Time Estimated Crew

Size All 374 August 19, 2013 120 days 6

(b) The Contractor shall be required to commence work within 30 calendar days after the effective date of the Notice to Proceed.

(c) Work may be allowed to commence earlier, weather permitting.

(d) Contract time for all items shall run concurrently.

(e) Estimated crew size is the estimated number of workers needed, on average, to ensure completion of a given item, in the time required. It is an estimation only.

(f) Due to the excessive administrative burdens that delinquent contractor performance places on the

Government, the bidder/contractor is hereby put on notice that time is of the essence in the completion of this contract. The Contractor must maintain progress at a rate, which will ensure satisfactory completion of all contract work within the contract time specified above.

(g) The Government plans to issue a Notice to Proceed with an effective date as close to the estimated start work date as soon as possible. The count of contract time will start on the effective date of the Notice to Proceed (unless the Notice to Proceed is issued during the winter period - see below). The contractor shall not commence work prior to the effective date of the notice to proceed.

F.3 Winter Shutdown

(a) It is assumed that adverse weather and/or ground conditions may prevent access to or satisfactory performance on the project during the winter period and which is defined as the period from November 1 through March 31. Therefore, no count of contract time will be made during this period. Work may continue at the Contractor's option, however, the Government shall not be obligated to make progress payments or inspections during this period.

F.4 Work Progress

(a) Work Schedule

(1) The Contractor shall, at the pre-work meeting submit to the Contracting Officer for approval:

(i) A practical work progress schedule showing, as a minimum, the dates on which the Contractor contemplates starting the key features or items of the work, the order in which the Contractor proposes to perform the work, the expected rate of progress per day, the planned number of calendar days until completion (or alternatively a completion date) see Work Schedule Example in Section J.

(ii) Number of workers on the project

(iii) The self-inspection system to be used as required.

(2) If in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to submit for approval any supplementary schedule or schedules as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(3) The Contractor shall submit an updated work progress schedule to the Contracting Officer monthly.

(4) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(b) Prosecution of the Work

(1) Due to the high cost of inspections, spot thinning will not be allowed. Spot thinned areas will not be inspected for payment. The Contractor may request approval from the Contracting Officer, in advance, to cut separate areas. Such requests must be in writing. Such approval may be granted only if, in the judgment of the Contracting Officer, the request is reasonable AND it does not place an excessive administrative burden on the Government. The Contractor shall proceed in an orderly manner (work shall be contiguous and continuous) and once a item is started, unless otherwise approved in advance by the Contracting Officer, must complete that item before starting on subsequent items. Government estimates of acreage completed are not subject to dispute.

(2) All work under this contract shall be performed in a diligent, skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(c) Notification

(1) The Contractor shall notify the Contracting Officer, in writing, when intending to leave the project area for 5 or more consecutive calendar days and also when planning to return to the project area. Failure to give notice as required herein may be considered as abandonment and could place the Contractor in danger of default termination.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative (COR).

(a) The Contracting Officer will designate a representative hereinafter referred to as the Contracting Officer's Representative (COR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to carefully read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

G.2 Contractor’s Designated Representative

(a) It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

G.3 AGAR 452.215-73 Post Award Conference (NOV 1996)

(a) A post award or pre-work conference with the successful offeror is required. It will be scheduled within reasonable time after award and prior to the issuing of a Notice to Proceed.

G.4 Government Furnished Property

(a) The Government will provide the following item(s) of Government property to the Contractor for use 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.

G.5 Method of Measurement

(a) Bid Item(s) and acreages were determined from GIS (Geographic Information System) by digitizing stand boundaries as they appear on ortho-photos and calculating the acreages accordingly. All acreages are calculated as horizontal measurements.

(1) Acreage estimates do not include areas of non-treatment within the gross item(s) boundaries such as but not limited to; roads, rock pits, and stream buffers.

(b) Re-measurement

(1) The Contractor may request re-measurement of acreage of any contract item at any time prior to acceptance of the item. The request must be in writing. The method of re-measurement will be the same as the original method of measurement used, unless another method is mutually agreed upon.

(2) If re-measurement (rounded to the nearest whole acre) indicates a variance of 1 acre or less for pay items up to 10 acres, 2 acres or less for items from 11 to 25 acres, 3 acres or less for items from 26 to 50 acres, 5 acres or less for items from 51 to 100 acres, or 5% or less for items greater than 100 acres, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the acreage as shown in the Schedule of Items.

(c) If re-measurement (rounded to the nearest whole acre) indicates a variance of more than 1 acre for items up to 10 acres, more than 2 acres for items from 11 to 25 acres, more than 3 acres for items from 26 to 50 acres, more than 5 acres for items from 51 to 100 acres, or more than 5% for items greater than 100 acres, payment for the specific items will be based on the re-measured acreage and the Government will bear the cost of the re-measurement. In addition, the Contracting Officer may adjust contract time.

G.6 Method of Payment and Invoicing Procedures

(a) After inspection and approval of completed acreage, the COR will calculate payment and inform the Contractor of the proper amount to invoice. Contractor’s that submit invoices without consulting with the COR for actual acres inspected and accepted risk submitting an improper invoice. Payments are based upon acres completed and calculated at the item bid price shown in the Schedule of Items.

(b) Both progress payments and final payments are paid thirty days from the later of; the date the designated billing office receives a Proper Invoice or the date the invoiced work is accepted. A Proper Invoice has the required information as per FAR 32.905(b) and contains:

• Name and address of the Contractor.

• Name and address of billing office

• Invoice date and Invoice Number (The Contractor should date invoices as close as possible to the date of mailing or transmitting).

• Contract number or Task Order Number.

• Description, quantity, unit of measure, unit price and extended price of services or supplies delivered.

(The Contract Line Item Number found in the Schedule of Items.)

• Name and address of contractor official to which payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

• Name, title, phone number and mailing address of person to notify in the event of a defective invoice.

• Taxpayer Identification Number (TIN).

(c) It is the responsibility of the Contractor to submit Proper Invoices. The Government will return defective invoices to the Contractor for correction and that could mean a delay in the payment process.

(d) Send or fax invoices to the designated billing office: NOT to the COR. Please make your invoice neat and legible. We advise using large type size to retain readability after faxing. See Invoice Example Exhibit in Section J.

Designated Billing Office Tongass National Forest, Contracting Office

648 Mission St., Federal Bldg.

Ketchikan, AK 99901 Fax 907-228-6254

(e) Final Payment

(1) A properly executed Contract Release, Form 6300-16, must accompany the final invoice.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Emergency Control (AGAR 452.236-77) (FEB 1988)

(a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages or costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

(b) Contractor's Responsibility for Controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use employees and equipment for emergency work. Payment will be made at not less than the current area rate established by the Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

H.2 Fire Prevention

(a) The Contractor shall be required to comply with the fire regulations governing National Forest lands during the period when this contract is in effect. The following subsections outline minimum fire prevention requirements.

(b) Fire Tools

(1) Contractor/Subcontractor shall furnish fire tools to equip all workers in this Contract at each separate work site. Tools shall be in serviceable condition and kept in one or more sealed, weather-tight fire toolboxes. Fire toolboxes shall be painted red, marked "Tools for Fire Only" with letters at least 3 inches high. A list of the contents shall be posted inside each fire toolbox so it is visible when opened. Sharpened edges of tools shall be protected from rusting in a manner acceptable to the Forest Service.

(2) Fire toolboxes shall contain number and kinds of tools as…