12-0261-18-Q-0018_ELK_MOUNTAIN_EAST_THINNING_PROJECT_2018.pdf

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 1 of 92

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

886557

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

12-0261-18-Q-0018

6. SOLICITATION ISSUE DATE

March 16, 2018

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Steve Clezie sclezie@fs.fed.us

b. TELEPHONE NUMBER (No collect calls) (208) 737-3256

8. OFFER DUE DATE/LOCAL TIME

April 16, 2018

1200 MDT

9. ISSUED BY CODE

10. THIS ACQUISITION IS: UNRESTRICTED or SET ASIDE: 100 % FOR:

SW Idaho-Nevada Acquisition Service Center

ATTN: Karen Morthland

1249 South Vinnell Way, Suite 200 Boise ID 83709

Small Business Women-Owned Small Business

(WOSB) Eligible Under the Women-Owned

Hubzone Small Small Business Program NAICS: 115310

Business Economically Disadvantaged Women-

Service-Disabled Owned Small Business (EDWOSB) Size Standard: $7.5 Million

Veteran Owned

Small Business 8(A)

13a. THIS CONTRACT IS

A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB

Destination unless Block is

Marked

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

16. ADMINISTERED BY CODE

15. DELIVER TO

See Delivery Schedule

Same as Block 9

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ CAGE Code. ___________________________

Invoice Processing Platform IPP

Via IPP.GOV

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Elk Mountain East Thinning Project 2018

Email quote to: kmorthland@fs.fed.us

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

KAREN MORTHLAND

31c. DATE SIGNED sclezie@fs.fed.us mailto:kmorthland@fs.fed.us

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 2 of 92

Elk Mountain East Project – Unit 7 Dead Tree Removal- 2018

SCHEDULE OF ITEMS

WORK

ITEM

NO. SUB/DESCRIPTION

UNIT OF

MEASURE QUANTITY

UNIT

PRICE

TOTAL

AMOUNT

Cutting, Limbing, Firewood

Decking, Lop & Scatter of Debris and Flush Cutting Stumps

ACRES

TOTAL WORK ITEM 001

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

DUNS NO.:___________________________________

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Statement of Work Background

Lodgepole pine mortality, caused by mountain pine beetle, has left large numbers of dead trees in the

Sawtooth Valley and Stanley Basin. This “high fuel loading” can cause torching, spotting and intense wildfire behavior. The Elk Mountain East Vegetation Management Project is an approximately 5,000 acre project designed to reduce the accumulated fuels in the project area, maintain natural openings as fuel breaks, and change forest composition, structure, and density, to move the forest toward desired vegetative conditions and reduce the potential for high intensity wildfires that could destroy valuable human resources. This portion of the project will address removing dead trees in Unit 7 between roads and a commercial firewood sale (center of unit). Salvageable firewood will be made available for permittee removal in safe locations along roadside. The debris left from dead trees that are not salvageable firewood will be lopped and scattered. A prescribed fire in Unit 7 will then be prepared and implemented after salvageable firewood is removed.

Contractor Responsibility

Contract Time

The period of performance will be from approximately July 5, 2018 through August 31, 2018. Specific clearances would be required to work outside of this time period. The Contractor will be directed go work anytime between 0700-2100 Monday through Sunday. Exceptions to these work times will be made as deemed appropriate by the CO and/or COR and may depend on seasonal recreational use of the site including such things as wildlife use patterns or fire restrictions. The schedule of work units is arranged so as to minimize the impact to campers and wildlife species and may not be changed without prior approval of the CO or COR. Theses schedules will be influenced by the actual rate of work progress. If the contractor proposes to work in months other than those stated, they may be allowed to do so, pending acceptable site conditions and regulatory restrictions. Final Inspection will be on business days only

(Monday-Friday). The contractor will notify the COR before they leave or finish the project.

The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Estimated Start Work Date: July 5, 2018

Contract Time: 57 days (Calendar Days).

Completion Date: August 31, 2018

Notification of Cessation or Restart of work The Contractor will notify the Contracting Officer’s

Representative (COR) whenever he/she intends to cease operations for three or more days, and will notify the COR before starting operations after a shutdown of three or more days.

The Contractor must maintain an adequate work force at all times to ensure timely completion of the work and is responsible for the crew knowing the requirements of the contract. The crew is also responsible for maintaining a safe working environment as described in the Risk Assessment (RA), which will be given to crews and reviewed prior to starting work. The Contractor must attend the pre-work meeting and provide a written performance plan including crew size prior to beginning work.

A qualified, English speaking crew leader must be on-site directing work at all times. Failure to maintain a crew leader, who demonstrates the minimum skills and ability as shown below, will result in suspension of work until an acceptable on-the-ground crew leader is provided. A maximum of five (5)

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 4 of 92 days will be allowed to produce a qualified crew leader. Failure to produce a qualified on-the-ground crew leader within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order.

Project Location & Description

The project area is located in the Upper Salmon River Valley within the Sawtooth National Recreation

Area of the Sawtooth National Forest. The project area is located on the southwest side of Highway 21 near Elk Mountain between Forest Service Road #455 (Stanley Lake Road) and Forest Service Road #629

(Elk Creek Timber Road) approximately 6 miles northwest of Stanley, ID. To access Unit 7 of the project area, head northwest on Highway 21 for approximately 7 miles from Stanley, ID to Forest Service Road

#614 (Elk Meadow Road). Head west for approximately ¼ mile on Forest Service Road #614. Unit 7 is located at the junction of Forest Service Roads #614 and #629. The legal description is T11N R12E, Sections 9, 10 & 16.

The project area varies in terrain from mostly flat areas around 6600 ft. elevation comprised of lodgepole pine impacted by mountain pine beetle to steep slopes with mountain tops around 7700 ft. elevation commonly comprised of Douglas-fir and subalpine fir. Private lands with homes and other structures sit northeast (across Highway 21) of the project area. The popular Stanley Lake recreation complex lies southeast and adjacent to the project area.

Accessibility

The access is via Forest Service Road #614 (Elk Meadow Road) and Forest Service Road #629 (Elk

Creek Timber Road) and will require the Contractor to walk. The Contractor shall clear any subsequent falling of trees that block roads needed to access unit.

Unit 7 Description

The project unit sits between Forest Service Road #614 (Elk Meadow Road) and Forest Service Road

#629 (Elk Creek Timber Road). The intent of this contract is to move salvageable firewood to safe roadside locations to be made available for public firewood permittee removal. Debris that is not salvageable firewood will be lopped and scattered for a future prescribed burn. The center of Unit 7 is a commercial firewood sale and is not included in this contract. The western boundary of Unit 7 is a patch cut and is also not included in this contract. The boundaries for this contract will be marked with pink flagging approximately at eye-level. Unit boundaries are also available as GIS shapefiles. No archeological sites that need to be avoided occur within the designated treatment units.

Slopes across the unit are 0-5% with a southern aspect. Fuels average 19-22 tons/acre. Vegetation composition of this unit is predominately lodgepole pine with some subalpine fir. Cut all dead trees <8” dbh. Remove all limbs on downed trees with boles greater than 4 inches in diameter. All salvageable firewood (sound bole wood, greater than 4 inches on ground) shall be cut in lengths no greater than 8 feet and decked at location(s) to be determined along roadside for firewood permittee removal. Decks shall be under 6 feet in height.

Exclusions (non-work areas)

1. Any area within the unit designated as a non-treatment area to provide wildlife habitat, nest sites, archeological sites, or sensitive watershed areas will be identified with flagging. These areas may include single trees, clumps of trees and/or brush.

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A buffer of 650 feet would be created around any occupied raptor nests (northern goshawks, great gray owls, and osprey). No project treatments would occur within this buffer zone until a

USFS wildlife biologist determines the nest to be unoccupied.

2. All specified roads shown on contract maps should be left in the original condition existing prior to the commencement of work on this contract. Excessive slash cannot be left in the roadways after the end of each workday. All cut vegetation shall be kept within the unit boundary.

Technical Specifications for Cutting:

Unit

Number Label Prescription

Chainsaw cutting

Cut all standing dead (<8”) conifers within the contract boundary. Limb down trees with boles greater than 4”. Flush cutting stumps to less than 6” in height.

Tree Cutting Treatment Standards:

1. The cutting areas are marked with pink flagging approximately at eye-level.

2. Cut all dead trees <8” in diameter.

3. All cut trees shall be completely severed to a maximum distance of 6” from ground. Cut stump heights as close to the ground as possible would be the desired condition.

4. Cut trees shall be secured so they do not roll downhill and shall not be hung up on other trees or vegetation.

5. Large diameter dead or green trees (>10”) lying on the ground will be limbed. Tree tops will be cut down to 6” diameter.

Contractor must post road guard for vehicles, bikes and pedestrians when cutting near Forest

Service Roads #614 (Elk Meadow Road) and #629 (Elk Creek Timber Road).

Limbing of Downed Tree Specifications:

1. The Contractor shall remove all limbs on downed trees with boles greater than 4 inches in diameter.

Firewood Decking Specifications:

1. All salvageable firewood (sound bole wood, greater than 4 inches on ground) shall be cut in lengths no greater than 8 feet and decked at location(s) to be determined along roadside for firewood permittee removal by the Project Inspectors.

2. Decks shall be under 6 feet in height.

3. Firewood can be removed by either hand or mechanical means (such as pick-up truck, small all-terrain vehicle (ATV) with trailer, etc.).

Lop and Scatter Debris Treatment Specifications:

1. All Contractor created slash as well as existing fuels shall be spread throughout boundary area as evenly as possible.

2. Debris should generally not extend more than 24” above the ground.

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Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work

Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, included in Section J Exhibit C.

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

3. When snow conditions are such that it is too difficult to see what to cut or too deep to inspect the site.

The Contracting Officer or Contracting Officer’s Representative will make this determination. When such conditions exist, the Forest Service will issue a written Suspend Work Order.

4. When ground conditions are too wet to continue operations without sustaining resource damage to soils. The Contracting Officer or Contracting Officer’s Representative will make this determination.

When such conditions exist, the Forest Service will issue a written Suspend Work Order.

5. Servicing and refueling of equipment areas shall be located outside of SMZ’s (Stream Management

Zone) or 100 feet from other wet areas. In case of a HAZMAT spill, the material shall be immediately contained and the Forest Service shall be immediately notified.

6. Within the item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas. These areas will be flagged and shown to the contractor before cutting begins.

Government-Furnished Property and Services (Maps, Drawings, Specifications etc.)

The Contractor shall furnish all labor, equipment, supervision, transportation, materials (except for

Government- furnished property), and incidentals necessary to conduct Inventory and Evaluations for the project, in accordance with the attached specifications, terms, and conditions.

Maps

A project map showing the general vicinity and project unit is included in section J. Acreage of the units was determined by calculations based on a horizontal plane using GPS technology. The project maps are intended to show the general shape and location of the work area. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of the stream zones and topographic features, when shown, also may be approximate.

Resource Protection

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work. Note: contractors will follow all laws and regulations, including packing out all trash. Human waste must be buried no less than 6” deep.

Existing Facilities. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, erosion dips, barriers and drainage, developments and streams and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

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Existing Facilities. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, erosion dips, barriers and drainage, developments and streams and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

Reservoir or Stream Courses. Trees shall be directionally felled away from reservoirs or stream courses. Stream courses identified on project maps shall be free of activity slash for a distance of 20 feet from the high water mark on either side of the stream course.

The Contractor shall minimize damage to stream courses. Stream courses identified on project maps shall be free of thinning slash for a distance of 15 feet on either side of the stream course. Soil Erosion. The

Contractor shall take precautions to prevent gullying of roads within and adjacent to the contract area, and protect vegetative cover, soil, and water resources.

Slash Maintenance. All open roads within or adjacent to the unit shall be kept free of slash at all times.

The following improvements and developments shall be free from slash created by the tasks in this contract:

1) The area adjacent to cut and fill slopes, and ditches for a distance of 5 feet measured from the upper cut slope and the lower shoulder of the road. Material shall be less than 6 feet in length to prevent barriers along roads.

2) Culverts for a distance of 5 feet.

3) Improvements such as unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners.

4) Stream courses as required in Resource Protection.

Quality Control

The contractor shell prepare a Quality Control Plan as described in the Inspection and Acceptance

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

Work Plan and Schedule

The contractor shall prepare a work plan and schedule that demonstrates the work that will be completed within the performance period described in the Contract Time Section. The contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award, but before start of work.

The contractor shall advise the Contracting Officer or COR of any periods that the contractor will not be working that is not specified in the accepted work plan.

The contract may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

Communications

The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor's representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

On-Site Representative

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The Contractor’s on-site representative shall be fully conversant and literate in both the English and Spanish languages and shall be in the work area whenever work is in progress.

Superintendence by the Contractor

At all times during performance of this contract and until the work is completed and accepted, the

Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

Prework Conference

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, progress work schedule, and safety. Also at this meeting such items as work progress schedule, slash treatment, camping/worksite plan, communications, and fire prevention plans shall be finalized in writing.

Site Visits

Under this contract, site visit attendance shall seldom be mandatory, but encouraged prior to submitting a proposal for the statement of work, however, the Contracting Officer shall reserve the right, under certain circumstances, to “strongly recommend or require” attendance.

PERFORMANCE SUMMARY:

Major Items Performance

Standard

Government

Method of

Assessment

Incentive/deduction

Tree

Thinning

Quality meets or exceeds performance standard of 90% when considering Satisfactory selected leave trees, and Category A and Category B deficiencies as described in the Inspection Procedure.

AND

The number of Category C deficiencies does not exceed the maximum stated in Contractor Quality Control Plan, acceptance and rework.

COR or inspector conduct periodic monitoring of operations and random plots consistent with Thinning Inspection Method described in the Contractor Quality Control Plan.

The Contractor’s quality will be reflected in the performance assessment either as positive or negative incentive.

If Contractor achieves 90% or greater quality AND Category C deficiencies are below the maximum allowable, the Contractor will receive unit price as incentive.

If Contractor exceeds the maximum allowance for Category C deficiencies, the Contractor is required to rework under the acceptance and rework section prior to payment for other thinning work.

If Contractor does not achieve at least 90% quality, deductions as described in the Contractor Quality Control Plan section and adverse performance assessment.

Slash

Treatment

Meets slash treatment requirements.

COR or inspector conduct periodic monitoring

Rework is required if Contractor fails to meet standard.

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Major Items Performance

Standard

Government

Method of

Assessment

Incentive/deduction

Quality Control

Contractor maintains good quality control on all aspects of operation Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

COR or inspector randomly sample and observe operations.

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

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

Contractor’s plot inspections are +/-5% of Government’s quality. Inspection completed to meet timeframes. Inspection forms are complete and accurate.

COR or inspector randomly observe

Contractor inspection. Review

Contractor inspection sheets.

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

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

If quality does not meet standard, pay deduction under payment calculation and/or additional costs to the Government will be assessed

Work Plan and Schedule

Work meets schedule as per the accepted work plan.

COR and inspector conduct periodic monitoring.

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

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

Inspection and Acceptance

CONTRACTOR QUALITY CONTROL PLAN

Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 5 days of start work based on task orders awarded to the Contractor and Government comments. The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract and task orders. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage.

Plot Inspections

The Contractor shall maintain a plot system that provides an unbiased sample of work defined in the task order and which represents the entire area treated. Pruning and piling shall be inspected with thinning. The Contractor shall sample at least 1-percent of the treated area, with a minimum of 5 plots per treatment unit. The Contractor shall specify plot size to be used during inspection or as required in the statement of work. The Government may observe or re-inspect the Contractor’s plots

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 10 of 92 at any time.

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

The Contractor shall provide written inspection data by treatment unit that meets contract requirements and a sketch map with plot locations. The Contractor shall use the Thinning Inspection

Plot Form provided in Exhibit 5 and inspection forms for other work that are provided in the statement of work. Inspection forms for the required work are in the Exhibit 5.

All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. The person who conducted the Contractor’s inspection shall sign and date each sheet and certify that the inspection records are complete and accurate.

The following calculation will be used to determine Tree Thinning Quality:

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

Trees in excess to the maximum number of acceptable trees will be considered unsatisfactorily selected trees (Category B). Thinning quality will reflect the deductions for improperly selected or cut trees and improper treatment.

The following calculation will be used to determine the trees per acre of Category C deficiencies on the unit:

Slash Treatment, Pruning Treatment, and Hand Piling quality must reflect full compliance with requirements.

Acceptance and Rework

Tree thinning, pruning, piling

The Contractor’s quality control inspections for services performed for each task order will be considered acceptable when they are within 5 percent of the Government quality assurance results.

When the Contractor’s verified inspection results are below the performance standard of 90 percent quality and Category B deficiencies (excess trees) contribute to the low quality, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines excess tree deficiency to be minor or an isolated situation that will not result in any material differences in the total number of trees to be left.

Quality = 1- Improper Cut or selected trees “Cat A” + Excess Trees “Cat B” X 100

Percent Satisfactory Trees left (S1, S2) up to maximum + Non-stocked spots (N1,N2)

Cat C trees per acre = Total Category C on plots x Reciprocal of plot size

Number of plots

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When the total number of Category C deficiencies exceed 5 percent of maximum stocking density or a specified number of trees, based on the Contractor’s quality control inspection and verified by the

Government monitoring, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines the deficiencies to be minor in nature.

The Contractor’s quality control inspections for services performed for the statement of work will be considered acceptable when they are within 5 percent of the Government quality assurance results.

The Contractor’s quality control will be deemed unacceptable when the Contractor inspection is not within 5 percent of the Government’s quality assurance results at the completion of a unit. The

Government reserves the right to make payment based on the Government inspection, the Contractor’s inspection or a combination of the two.

If the Government’s results are objectionable to the Contractor, the Contractor may request a re-examination in writing, within 5 calendar days after receipt of the Government’s quality assurance results. The request shall include documentation that supports that the probability of an error exists. The

Government’s re-examination will consist of a 2-percent sample utilizing the same inspection method as the original examination, but new plots will be selected with different plot centers than the plots previously inspected by the Government. If the results of the re-examination are within 2 percent of the

Government’s quality assurance results, the Government’s results will be considered acceptable and used for pay. If results of the re-examination exceed 2 percent and the Contracting Officer determines that it is in the best interest of the Government, the Contractor’s submitted quality control results will be used for the basis of pay. If the Government’s original inspection is used for payment the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

There will be no acceptance of invoices for partial payments for units. Individual units may be invoiced at the completion of an entire unit(s). Exceptions to this may be granted if work is stopped by the government for more than 7 consecutive days. (i.e. Unforeseen weather conditions require a stop work order.) If at all feasible, the government will inspect completed acres to that point for partial payment.

Slash treatment and pruning

Acceptance will be determined based on the Contractor’s quality control inspection and verified by the

Government monitoring and will be based on adherence to the specifications stated in the statement of work. Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

Acceptance

Acceptance will be determined based on compliance with the contract specifications. Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the

Government may initiate any remedies described in FAR 52.246-4, Inspection of Services.

Upon acceptance of any partial payments submitted for units that are only partially completed the foreman/forewoman must notify the COR and the Project Inspector of what completed area they are submitting for partial payment. The District is asking for notification 7 days in advance of submitting a partial payment for a non-completed unit. This is to ensure that the partial unit cut will get inspected in a timely fashion and the invoice can get approved by the COR within the 7 day time frame of the invoice submittal.

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There will be no acceptance of invoices for partial payments for units. Individual units may be invoiced at the completion of an entire unit(s). Exceptions to this may be granted if work is stopped by the government for more than 7 consecutive days. (i.e. Unforeseen weather conditions require a stop work order.) If at all feasible, the government will inspect completed acres to that point for partial payment.

Rework

If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

The Government will assess the Contractor’s actual costs of conducting the additional quality assurance after rework. The Contractor may be assessed actual damages which may include, but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals, and lodging that are incurred during the additional quality assurance.

Work Completed After the Performance Period

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

DELIVERIES

Contract Performance Time and Required Rate of Progress

The Contractor shall maintain work progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

Contract Time

(See Period of Performance definition). The Contractor shall start work promptly after receipt of a

Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time specified in the Statement of Work will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

The Government will issue a Notice to Proceed, as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the

Notice to Proceed, if the notice is hand-delivered; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

Unfavorable Conditions

It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification during the period November 1 to November 30. When such conditions make work impracticable, or if wind or other conditions create extreme conditions that are unsafe for contract

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 13 of 92 work, and with written request by the Contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

Any unit, with quality less than 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default.

When work quality falls below 90 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 80 percent, the area may be separated from the item and payment made in accordance with the payment calculation.

Category C deficiencies that exceed the maximum allowance stated in Inspection and Acceptance will be considered unacceptable and payment for the unit will not be made until corrections are made consistent with the acceptance and rework section.

The Government will document unacceptable work quality in its performance assessment.

Contract Administration Data

Measurement

The area to be treated will be stated in the statement of work. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. Boundaries are marked as indicated in the statement of work.

Re-Measurement

The Contractor may at any time after award request re-measurement of any Item. The request must be in writing within 10 days after completion of a unit or pay item. The Government’s re-measurement of the

Item will be made within established boundaries.

If re-measurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of

Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

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

METHOD OF CALCULATING PAYMENT

The Contractor’s Quality Control

For each completed unit, the Contractor’s quality control inspection percentage for tree thinning, pruning, girdling, and slash treatments will be compared to the Government’s assessment results. If the

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 14 of 92 results differ by 5 percent or less, the Contractor’s inspection system will be considered acceptable. The

Contractor’s quality percentage may be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment as per the inspection and acceptance. Note that payment for thinning quality will only be made when Category C deficiencies are below the maximum levels described in inspection and acceptance.

Payment Calculation

Payment less damages will be based on the following methods.

Quality at fully acceptable performance- meets or exceeds 90 percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable, an incentive payment will be made that provides payment at the unit price for the Item.

Payment Example: With a unit price of $100 and a unit size of 40 acres, the bid price would be $4,000. If the Contractor’s work quality is 95 percent, payment would be $4,000.

Quality at unacceptable performance level, less than 90 percent. Whenever the quality of work is below 90 percent based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work is unacceptable and the value of services provided is significantly reduced. Therefore, a deduction will be made for unacceptable performance. For each percentage point that performance quality falls below 90 percent, a 2 percent deduction in unit price will be made. No payment will be made where quality of work is below 80 percent.

Payment Example: With a thinning quality of 85 percent, the deduction would be: 10 percent for quality

85 to 89 percent (5 x 2%) resulting in the Contractor receiving 90 percent of the bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 85 percent thinning quality, payment would be: $100 x 90% x 40 acres = $3,600.

Payment Example: With a thinning quality of 70 percent, the deduction would be: 40 percent for quality 70 to 89 percent (20 x 2%) resulting in the Contractor receiving 60 percent of bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 70 percent thinning quality, payment would be: $100 x 60% x 40 acres = $2,400.

Unacceptable Work

Any unit, with quality less than 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default.

When work quality falls below 90 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 80 percent, the area may be separated from the item and payment made in accordance with the payment calculation.

Category C deficiencies that exceed the maximum allowance stated in Inspection and Acceptance will

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 15 of 92 be considered unacceptable and payment for the unit will not be made until corrections are made consistent with the acceptance and rework section.

The Government will document unacceptable work quality in its performance assessment.

SPECIAL CONTRACT REQUIREMENTS

Camping Provisions for Labor Intensive Contracts

The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled "Use of

Premises in this contract.

Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.

The campsite shall have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

Damaging or removing any natural feature or other property of the Forest Service is prohibited.

Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies shall be maintained, available, and under the charge of a person trained to administer first aid. The supplies shall include:

Gauze pads (at least 4x4 inches)

Two large gauze pads (at least 8x10 inches)

Box adhesive bandages (Band-Aids)

One package of gauze roller bandage at least 2- inches wide

12-0261-18-Q-0018 Elk Mountain East Thinning Project 2018 Page 16 of 92

Two triangular bandages

Scissors

At least one blanket

Tweezers

Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

Any washing of laundry shall must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

The contractor shall comply with the following fire regulations during fire season:

During the fire season, a shovel, axe or Pulaski, 10- quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

All fire rings or outside fireplaces must be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace, and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

All generators and other internal combustion engines must be equipped with US Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order.

They will be located in a cleared area with the same requirements as in (b).

All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval. The Forest Service reserves the right to terminate a camping permit at any time.

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

Superintendent by the Contractor or Contractor’s Representative Foreman/woman Inspector

The Contractor shall make no substitutions of the approved key personnel without notifying the

Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

Proposed substitutes should have comparable qualifications to those of the persons being replaced.

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The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer. The contract will be modified to reflect any approved changes of key personnel.

Property and Personal Damage

The Contractor shall use every precaution necessary to prevent damage to public and private property.

Land monuments and property markers shall not be disturbed until the Contracting Officer or his representative, have witnessed or otherwise referenced their location and directed their removal. The

Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his or his agents or employee's fault or negligence. The term "third parties" is construed to include employees of the Government. The Contractor is responsible for adhering to all state fire laws.

Fire Control

Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the

Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by

State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating. One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one Pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service

Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of

Automotive…