AG-0116-S-14-0010_041014.pdf

AG-0116-S-14-0010

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

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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.

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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

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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

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OFFEROR

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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

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

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

Ketchikan, AK 99901

1400 AD 05/12/2014

CATHERINE R POWELL 907

crpowell@fs.fed.us

228-6242

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PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

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4-10 11-17 18-19 20-21 22-30

31-32

34-36

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0116-S-14-0010

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

Tongass National Forest Sitka Ranger District Silver Taps Pruning and Pre-commercial Thinning

(PCT)

Inquiries regarding this solicitation must be directed to the contracting officer. Questions regarding this solicitation are invited on or before April 30, 2014, 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

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PART I – THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

This is a Total Small Business Set-Aside PROJECT: Silver Taps PCT Item No. Description Line item funding distribution Unit Qty Unit Price Total

1 Pre-commercial Thin, 18’ x 18’ Spacing NFVW05 / 01 Acre 53 $ $

2 Pre-commercial Thin, 18’ x 18’ Spacing NFVW05 / 01

Acre 47 $ $

3 Prune 1 in 4 Trees Over 6” Diameter NFWF05 / 02

Acre 50 $ $

4 Prune 1 in 4 Trees Over 6” Diameter NFWF05 / 02

Acre 35 $ $

5 Prune 1 in 4 Trees Over 6” Diameter NFWF05 / 02

Acre 64 $ $

6 Prune 1 in 4 Trees Over 6” Diameter NFWF05 / 02

Acre 23 $ $

7 Pre-commercial Thin, 14’ x 14’ Spacing NFVW05 / 01

Acre 75 $ $

Total All Items

Acre

347 --- $

Additional Vendor Information

Contact Name:

Phone:

Address:

Fax:

City, State, Zip: Duns #:

Email:

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.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

The purpose and intent of this contract is to secure services for pre-commercial thinning of three overstocked young-growth stands and pruning of four previously thinned young-growth stands, approximately 44 to 47 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

C.2.1 Location and General Accessibility This project is located on the Sitka Ranger District of the Tongass National Forest in Southeast Alaska. The project area is situated on Kruzof Island, approximately 15 air miles northwest of Sitka, Alaska, which is a full-service community that is accessible via Alaska Airlines, the Alaska Marine Highway System, and barge services.

There is no direct road connection between Sitka and the project area. Access is only by boat, floatplane, or helicopter.

C.2.2 Overall Physical Description of Ground Conditions 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.

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.

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.

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

C.2.3 Item(s) Accessibility 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.

Items 1 and 2 are located approximately eight to nine miles by road from the log transfer facility (LTF) situated at Mud Bay (See Project Area Map, Section J). This road (FR 7590) is mostly open to ATV access, although the last mile may be overgrown in some places by small conifers and alder. Some brushing of this road will be allowed if the Contractor believes it is necessary to improve access. Item 3 is located approximately four miles by road from the LTF along FR 7590 and is easily accessible by ATV. Item 4 is located approximately one mile by road from the LTF at the intersection of FR 7590 and FR 75904 and is easily accessible by ATV. Item 5 is approximately five miles from the LTF along FR 7592 and is easily accessible by ATV. Item 6 is approximately six miles from the LTF along a short spur road that branches off of FR 75922 and is easily accessible by ATV. Item 7 is approximately seven miles from the LTF along FR 75922. This road is mostly open to ATV access, although the last half-mile may be somewhat difficult to traverse due to washouts.

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

AG-0116-S-14-0010 Silver Taps Pruning and Pre-Commercial Thinning (PCT) Page 5 of 38 adjustment in contract price, an extension in contract time, or both.

C.2.4 Local Services There are no services in the immediate vicinity of the contract work area. Sitka, approximately 15 miles to the southeast, is a full-service community that is linked to Seattle, Washington via Alaska Airlines, to Bellingham, Washington via the Alaska Marine Highway System, and also offers barge services. No roads connect Sitka with any other towns in Southeast Alaska or with the lower 48 states. Sitka is the administrative site of the Sitka Ranger District.

C.3 Safety

C.3.1 Occupational Health and Safety Act (OSHA) and Safety Plan 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.

C.3.2 Communications 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.

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.3.3 Travel 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.

C.3.4 Climate 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.

C.3.5 Bears Brown Bears X and/or Black Bears ____ 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.

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C.4 Item Boundaries

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.

C.4.1 Land Survey Corner Monuments and Markers 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 (Items 1, 2, and 7)

Items 1 and 2 were previously thinned to 14’ spacing in 1991-1992 and have likely experienced some in-growth of additional trees since that time. This treatment is intended to re-space these stands to a wider spacing and to eliminate most of the in-growth to create a more open canopy and improve riparian function. Item 7 has not been previously thinned and this treatment will serve as an initial thinning to improve wildlife habitat.

C.5.1 Cut and Leave Tree Limits The Contractor shall thin all eligible conifers according to the following height and diameter specifications:

Tree Size Treatment Less than 24 inches in height Leave and ignore for spacing.

Greater than 24 inches in height and...

...less than 7 inches in diameter

Cut trees to attain the desired spacing.

...from 7 to 14 inches in diameter

Girdle trees to attain the desired spacing.

...greater than 14 inches in diameter

Leave and ignore for spacing.

Do not cut or girdle.

All trees qualifying for treatment within their own height of the road prism on a designated road (Section H.9, Definitions), shall not be girdled, but cut and felled according to specifications found in Section C.5.5, Felling.

This is required to prevent slash from entering roads or road drainage structures, should the girdled trees break or blow over.

C.5.2 Spacing of Leave Trees (Per Tree Spacing Option) The Contractor shall thin all eligible conifers greater than 2 feet in height to the following spacing specifications:

Item No. Spacing (feet)

- 50% Variance minimum feet apart

+ 50% Variance maximum feet apart

1 18’ x 18’ 9’ 27’ 2 18’ x 18’ 9’ 27’ 7 14’ x 14’ 7’ 21’

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The spacing example diagrams in Section J visually illustrate the spacing(s) required in this contract for the above table.

Conifer tree spacing may be varied up to +/- 50 percent on an individual tree basis, in order to select the most desirable leave trees. Leave trees shall be no closer and no farther apart than the minimum and maximum variance for any given spacing as listed in the above table. The intent of the 50% variance is to give the Contractor the greatest opportunity for selecting the most desirable leave trees. However, overall average spacing using the original spacing guides shall be maintained wherever possible.

All spacing distance between trees shall be adjusted to horizontal distance and measured from the face of the tree boles at breast height (4-1/2 feet above ground level). Though most stands contain openings not occupied by trees, overly dense thickets shall not be left in one spot to offset the lack of trees in another.

C.5.3 Trees to Favor for Leave Trees

Within the spacing 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 spacing.

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.

The Contractor shall select leave (crop) trees based on the following criteria:

Species Treatment Sitka Spruce, Western Hemlock, Mountain Hemlock

Eligible conifers to leave as crop trees. Do not favor one of these species over another.

Alaska Yellow Cedar, Lodgepole Pine, Red Alder, Sitka Alder, Black Cottonwood, Crabapple

Non-eligible trees. Do not cut these species, and ignore for spacing.

C.5.4 Stump Height – Removal of Live Limbs 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.

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.

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C.5.5 Felling 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.

C.5.6 Girdling

Use a chainsaw or other acceptable tool. Make two continuous and parallel cuts around the tree bole as in Section J Exhibit 12.

C.5.7 Basic Thinning Slash Treatment All slash treatment, including pull back or any required lopping and scattering shall be performed concurrently with thinning operations.

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.

C.5.8 Special Thinning Slash Treatment N/A

C.5.9 Roads 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.5.5 Felling and C.5.7 Basic Thinning Slash Treatment.

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.

Trees and shrubs may be cut on the closed roads to aid access and are subject to the specifications found in Section C.5.5, Felling or C.5.7 Basic Thinning Slash Treatment.

C.5.10 Streams In Item 1 a 20-foot wide no-thin riparian zone will be placed on each side of the Class 1 and Class 2 stream courses identified in this contract (See Item Map 1, Section J). The Contractor shall establish an approximate 20-foot wide no-thin stream buffer on each side of these streams to maintain water quality and channel stability. No such buffer shall be left along any other streams within the contract Items.

Item Number of Stream Buffers in Item (20 feet each side of class 1 & 2 streams)

1 1 2 0 7 0

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C.5.11 Nest Trees

Trees to be cut, which have active songbird nests in them shall be girdled instead of severed according to specifications found in Section C.5.6, 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.

C.5.12 Bear Dens 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.

C.5.13 Beaver Ponds The Contractor shall leave a 25-foot un-cut fringe around all beaver ponds.

C.6 Pruning Specifications (Items 3, 4, 5, and 6)

Items 3, 5, and 6 were previously thinned to 14’ spacing in 1981-1986 resulting in approximately 222 trees per acre. Item 4 was previously thinned to 16’ spacing in 1979 resulting in approximately 170 trees per acre. All of these stands have likely experienced some in-growth of additional trees since that time. This treatment is intended to focus on the crop trees from the initial thinning to improve future commercial timber values as well as wildlife habitat.

C.6.1 Prune Tree Limits The Contractor shall prune all eligible conifers according to the following height and diameter specifications:

Tree Size Treatment Less than 6 inches in diameter Do not prune.

Greater than 6 inches in diameter and...

...less than 35 feet in total tree height

Prune 1 in 4 trees to a height of 50% of total tree height.

...greater than 35 feet in total tree height

Prune 1 in 4 trees to a height of 17 feet.

Based on a pruning frequency of 1 in 4 trees over 6 inches in diameter, there should be approximately 55 to 56 pruned trees per acre in Items 3, 5, and 6 (1/4 of 222 TPA) and approximately 42 to 43 pruned trees per acre in Item 4 (1/4 of 170 TPA). The Contractor shall make a reasonable effort to prune desirable trees in a relatively even distribution throughout each Item. As a general guideline, this would result in an approximate spacing of 28’ between pruned trees in Items 3, 5, and 6 and an approximate spacing of 32’ between pruned trees in Item 4.

C.6.2 Trees to Favor for Pruning Within the pruning frequency requirements (1 in 4 trees over 6 inches in diameter) the Contractor shall select 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 pruning frequency.

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The Contractor shall not select forked trees or trees that are growing on logs or stumps as trees to be pruned, unless no other desirable tree is available. If a forked tree is selected, both stems shall be pruned to the appropriate height.

The Contractor shall select trees to be pruned based on the following criteria:

Species Treatment Sitka Spruce, Western Hemlock, Mountain Hemlock

Eligible conifers to be pruned.

Do not favor one of these species over another.

Alaska Yellow Cedar, Lodgepole Pine, Red Alder, Sitka Alder, Black Cottonwood, Crabapple

Non-eligible trees. Do not prune trees of these species.

C.6.3 Pruning Methods

The Contractor shall adhere to the following guidelines during pruning operations:

• Trees may be pruned by hand or by mechanical means.

• The tree bole, root collar, and remaining live limbs shall not be damaged by pruning or climbing.

Climbing spurs or other tree climbing methods which will damage the tree bark are not to be used.

• All branches below the specified pruning height shall be completely severed from the tree as close to the bole as possible without leaving pruned branch stubs and without cutting into the branch collar. See the Pruning Diagram in Section J, List of Attachments.

• A cutting method shall be used which prevents the bark on the tree bole from peeling as pruned branches fall away from the tree.

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SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

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 format of the contract number will follow AG-0116-C-XX-XXXX. The Government issued contract number is to be referenced on all official communication starting upon notice of award. The Contractor shall include the contract number on all correspondence relating to this contract.

SECTION E--INSPECTION AND ACCEPTANCE

E.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

E.1.1 FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.2 Thinning Inspection (Items 1, 2, and 7)

(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.

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.

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. 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).

http://www.arnet.gov/far/

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E.2.1 Method of Inspection (Per Tree Spacing Option)

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 leave tree), the inspection may be terminated and the Contractor required to rework the thinned area.

(1) Plot Size: The table below indicates the inspection plot size in fraction of an acre and actual plot radius for spacing encountered. 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

Plot Size (fraction) Plot Radius No. of Trees

Targeted Minimum

Check Intensity

14’ x 14’ 1/32 acre 20.8 feet 7 1 plot per 6 acres inspected

18’ x 18’ 1/19 acre 27.0 feet 7 1 plot per 11 acres inspected

(2) 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 spacing variance allowed (see Section C.5.2, Spacing of Leave Trees Per Tree Spacing Option) to select the best crop tree. However, average spacing 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:

Spacing

Minimum No. of Trees

Maximum No. of Trees

14’x14’ 4 10 18’x18’ 4 10

(3) 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, No. of Trees to Be Left on the inspection form, 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. Credit will be given for up to 7 un-stocked growing sites. The actual number of eligible conifers found on the plot will be listed in column 3 (including any trees missed due to heavy brush, neglect, or other reasons).

(4) 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.

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E.2.2 Thinning Inspection Report (Per Tree Spacing Option)

At each inspection plot the inspector will examine the thinning plot area and record the findings on the thinning inspection report (EXHIBIT 1 in Section J) 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).

• 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.

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.

Inspection Report Information:

(1) PLOT NUMBER

(2) 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 50 percent spacing variance allowed between individual trees.

(3) NUMBER OF TREES LEFT: the actual number of uncut eligible conifers on the plot.

(4) 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].

• Non-leave trees seven inches DBH and more not girdled according to specifications; [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].

(5) NUMBER OF TREES DEFICIENT: The number of trees less than number 2 above; [counts as ONE

(6) NUMBER OF TREES EXCESS: The number of trees greater than number 2 above; [counts as ONE

E.2.3 Calculation of Thinning Quality The quality of thinning will be calculated as follows:

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

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(a) 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.

(b) 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.

(c) 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.

(d) 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,

(e) 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,

(f) 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

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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

E.2.4 Unsatisfactory Work or Re-work and Re-Inspection

(a) 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.

(b) 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.

(c) 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.

(d) 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

AG-0116-S-14-0010 Silver Taps Pruning and Pre-Commercial Thinning (PCT) Page 16 of 38 re-inspection will not be tolerated and may be grounds for termination.

E.3 Pruning Inspection (Items 3, 4, 5, and 6)

E.3.1 Method of Inspection The quality of performance will be determined from the results of walk-through inspections performed by the Forest Service COR and/or his designated Inspector using the following procedure:

1. A sample size of 1% of pruned trees in each contract item (Items 3 through 6) will be inspected.

2. Sampled trees will be selected at random and distributed throughout each Item.

3. Each sampled tree will be examined to record findings on these criteria:

A. Pruning Frequency – 1 in 4 trees over 6 inches in diameter has been pruned with relatively even distribution throughout the contract item.

B. Tree Selection – The largest, best formed, and most vigorous tree of the preferred species within the required pruning frequency has been selected for pruning.

C. Pruning Height – Each selected tree has been pruned to the specified height on the uphill side of the tree.

D. Pruning Quality – All branches below the specified pruning height have been completely severed from the tree without leaving pruned branch stubs in excess of ½” and without cutting into the branch collar.

E. Damage – The tree bole, root collar, branch collars, and remaining live limbs are free of damage from pruning or climbing.

Example:

Tree # Pruning Frequency

Tree Selection

Pruning Height

Pruning Quality Damage Total score

1 20 20 20 20 20 100 2 20 20 0 20 20 80 3 20 20 20 20 20 100 4 20 20 20 0 0 60 5 20 20 20 20 20 100 6 20 0 20 20 20 80 7 20 20 20 20 20 100 8 0 20 20 20 20 80 9 20 20 20 20 20 100 10 20 20 20 20 0 80 Total: 880

In this example most trees were given the maximum score of 100, however, some scores were lowered to reflect the deficiencies found during inspection. The final score for the item would be calculated using the following equation:

Item score = 𝑇𝑜𝑡𝑎𝑙 𝑖𝑡𝑒𝑚 𝑠𝑐𝑜𝑟𝑒

𝑇𝑜𝑡𝑎𝑙 𝑝𝑜𝑠𝑠𝑖𝑏𝑙𝑒 𝑖𝑡𝑒𝑚 𝑠𝑐𝑜𝑟𝑒 × 100 or in this example

∗ 100 or 88%

Work which achieves an 86% (minimum acceptable level) or higher pruning quality using the formula above will be considered satisfactory. Where work is unsatisfactory (below 86%) and it is unlikely that the quality percent could be raised to satisfactory by a rework, payment may be made at the discretion of the Contracting Officer, at a reduced rate as follows:

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A. Payment will be made for completed work at 100% of the contract price when the quality of pruning is 86% or greater.

B. When pruning quality is 71% to 85%, the pay rate will be determined by multiplying the item contract price times the pruning quality percentage.

C. When inspection determines that pruning quality is less than 71%, no payment will be made, and may be cause for Termination for Default.

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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)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is:

Items Estimated Start Work Date Contract Time Total Acres Estimated Crew Size all June 15, 2014 99 days 347 4

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

• Work may be allowed to commence earlier, weather permitting.

• Contract time for all items shall run concurrently.

• 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.

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.

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.2.2 Winter Shutdown 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.3 Work Progress

F.3.1 Work Schedule The Contractor shall, at the pre-work meeting submit to the Contracting Officer for approval:

• 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.

http://www.arnet.gov/far/

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• Number of workers on the project.

• The self-inspection system to be used as required.

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.

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

Failure of the Contractor to comply with…