AG-0261-S-17-0037__SUBLETT_THIN_AND_HAND_PILE_PROJECT_2017.pdf

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 1 of 42

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

840817

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-0261-S-17-0037

6. SOLICITATION ISSUE DATE

06/07/2017

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Steve Clezie

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

8. OFFER DUE DATE/LOCAL TIME

06/27/2017 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: $19.5 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. ___________________________

U.S. Dept. of Agriculture National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001 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

SUBLETT THIN AND HAND PILE SAWTOOTH

NATIONAL FOREST PROJECT 2017,

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE SCHEDULE OF ITEMS

Prebid Show Me Trip will be on: June 15, 2017

@ 0800 Minidoka Ranger District Office This is NOT a mandatory site visit

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

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 2 of 42

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT

VERIFIED CORRECT

FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37.

CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERIFYING OFFICER 41c. DATE 42.b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 3 of 42

Sublett Fuels and Vegetation Project 2017

SCHEDULE OF ITEMS

WORK

ITEM

NO. SUB/DESCRIPTION

UNIT OF

MEASURE QUANTITY

UNIT

PRICE

TOTAL

Donkey Canyon

Thinning, Hand Piling, and Pruning

ACRES

TOTAL WORK ITEM 001

65 $

Optional Items:

WORK

ITEM

NO. SUB/DESCRIPTION

UNIT OF

MEASURE QUANTITY

UNIT

PRICE

TOTAL

South Summit 1

South Summit 2

South Summit 3

South Summit 4

TOTAL WORK ITEM 002-005

144 $

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 4 of 42

Statement of Work

Background

Historically, fire has been an important element in forest communities in the Sublett Division, as it has in most areas of the Intermountain West. Physical and historical evidence suggests that fire has been important in shaping the vegetative community throughout Southern Idaho.

The purpose of this project is to reduce fuels and restore aspen where it has declined on the Sublett Division as outlined in the Forest Plan. This action is needed to reduce the fuels within conifer-encroached aspen stands. Aspen stands have traditionally served as “natural fuelbreaks” on the landscape, limiting or modifying fire spread under all but the most severe of wildfire scenarios. Aspen is, however, a fire dependent species throughout the Great Basin and with fire suppression being a focus of the Forest Service since its inception, this natural disturbance has been lost on the landscape. With the loss of the disturbance the aspen has been declining in the overstory. The overall aim of this project is to restore areas where aspen is still lingering in the overstory, thus resetting the fire regime. At the same time, the risk of high intensity fire is reduced because aspen does not support this type of fire. The overall project size is 2, 410 acres in conifer removal and aspen regeneration plus another 963 acres in prescribed burning.

Objectives The purpose of this contract is to hand thin and hand pile in the following units: Donkey Canyon (65 acres), South Summit 1 (47 acres); S. Summit 2 (15 acres); S. Summit 3 (8 acres); S. Summit 4 (74 acres) to retain existing aspen stands and reduce competition from conifer trees within the aspens stands and nearby. This treatment may also initiate aspen suckering within units. The short and long term desired condition is to create and maintain aspen stands. Some large conifers, mainly Douglas-fir will remain in the aspen as large relic trees.

Contractor Responsibility

Contract Time

The period of performance will be from approximately July 15, 2017 through November 30, 2017.

Specific clearances would be required to work outside of this time period. The Contractor will be directed to work anytime between 0700-2100 Monday through Sunday. Exceptions to this work time 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. No work will be allowed on opening day of rifle deer season or the first two weekend days of the season due to extremely high recreational use of the area. Orange and/or reflective clothing is recommended during deer rifle season. The schedule of work units is arranged so as to minimize the impact to wildlife species and may not be changed without prior approval of the CO or COR. This schedule 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.

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Estimated Start Work Date: July 15, 2017 Contract Time: 43 days (Calendar Days).

Completion Date: November 30, 2017

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, will result in suspension of work until an acceptable on-the-ground crew leader is provided. The crew working will produce a qualified crew leader within one day of an inspection where the qualified crew leader is not present. Failure to produce a qualified, on-the-ground crew leader within one day may result in the Contracting Officer (CO) issuing a Suspend Work Order.

Project Location & Description

The project is located approximately 12 miles northeast of Malta, Idaho on the Sublett Division of the Minidoka District of the Sawtooth National Forest. The area can be accessed by exiting off Interstate I-84 going south off Sublett Road to Forest Service Road 565. The proposed treatment area includes portions of the following: T11S R30E Sections 6, 7, 8; T12S R29E Section 1; T12S R30E Sections 17 and 18.

Refer to Maps provided in Exhibit 1.

Accessibility The Contractor may access the units from forest roads indicated on project maps. Some units may require the Contractor to walk; access is to the access point noted on project map. After initial clearing of the access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access units.

Walk-in areas. All units are accessible by pickup truck on established roads. No motorized vehicles will be allowed to drive within a treatment area off of an established road. Pickup trucks, vans, ATV/UTV’s etc., must stay on an established road at all times. Contractor may need 4X4 Vehicle to access project area.

Unit Descriptions Donkey Canyon, South Summit 1, 2, 3 & 4 Units (209 acres) – Unit boundaries are marked with pink flagging and lime green flagging around goshawk boundaries approximately at eye-level. All units have partial borders with marked timber sale units. Do NOT cut any trees within timber sale boundaries.

Cut all conifers <12.0” d.b.h. (dead or alive) from within aspen stands and up to ½ site tree height beyond the edge of the clone. There should be at least 20 mature aspen trees per acre to successfully restock the stand, if fewer there won’t be enough roots to restock the stand. Thin conifer <7.9” d.b.h. (dead or alive) from non-aspen timber stands while leaving approximately 100 trees/acre (21’X 21’ spacing) to provide

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 6 of 42 adequate stocking levels. Understory trees <7.9” d.b.h. to be favored for retention are: 1. Trees with 0-3 mistletoe rating, 2. Single stem trees, 3. Good formed trees, 4. Trees outside the drip line of overstory trees 5. Douglas-fir over subalpine fir. Conifer trees greater than 7.9” will not be cut outside aspen clones.

Prune leave trees at least 6 feet up the bole of the tree. For trees shorter than 24’, do not prune greater than 1/3 of the living canopy of the tree.

Piling specifications are as follows: Materials in piles must be no greater than 12” diameter and 6 foot in length. Piles should be stable, taller than they are wide, and compact (no hollow spaces). Do not create piles greater than 8’ tall and 8’ in diameter. Piles should be no less than 15 feet apart from one another where practical. Place piles no less than 15 feet away from green trees; avoid piling within the drip line of overstory trees if possible. Cover piles at 2/3 depth with approved cover material (no plastic). All activity generated slash should be piled as well as all existing course-woody debris (CWD) less than 8” in diameter.

Where an active northern goshawk nest is identified and/or a territory is known to exist, a buffer zone will be established and no timber/fuel removal treatments will occur within this area. This buffer area is identified as a 30 acre (650 foot radius) zone surrounding the nest location. A forest biologist will work with the project leader to identify this area on the ground prior to project layout and implementation. Maps and a field reconnaissance will also be provided to those implementing the activity. No treatments would occur in this identified “No Activity Zone” from May 15 – August 1 to protect nesting goshawks during their nesting season.

All cut trees shall be completely severed to a distance of 4” from the ground measured from the uphill side. Cut trees shall be secured so they do not roll down hill and shall not be hung up on other trees or vegetation.

Snags greater than 10” DBH and over 30 feet tall will be left for wildlife trees as defined in the Sawtooth National Land and Management Plan.

Need to leave 2-5 snags per acre as defined in the Sawtooth National Land and Management Plan.

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.

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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 hand 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 units is included in Exhibit 1. 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.

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.

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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 Section XXX. 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 Section XXX. 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 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.

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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.

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.

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 10 of 42

Major Items Performance Standard Government

Method of Assessment

Incentive/deduction

• 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 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:

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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.

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

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

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 12 of 42 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.

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.

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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 each Task Order 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 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 (per Section C) 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

AG-0261-S-17-0037 Sublett Thin and Hand Pile Project 2017 Page 14 of 42 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. Please refer to the Silvicultural Prescription in Exhibit 3.

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 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

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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 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

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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 Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

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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.

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.

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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…