AG-02RC-S-17-0079_PCT_Libby_RD.doc

AG-02RC-S-17-0079 / 2017 Hand Pre-Commercial Thinning / Libby Ranger District / Kootenai NF AG-02RC-S-17-0079 / 2017 Hand Pre-Commercial Thinning / Libby Ranger District / Kootenai NF

SUPPLIES OR SERVICES

2017 Hand Pre-Commercial Thinning

AG-02RC-S-17-0079

Kootenai National Forest Libby Ranger District Lincoln County, Montana

SCHEDULE OF ITEMS

ITEM NO. 1 McGINNIS PCT

ITEM NO. 2 PIPE CREEK RAC PCT

ITEM NO. 3 BEAR CREEK PCT

ITEM NO. 4 BRISTOW PCT

ITEM NO. 5 FRITZ PCT

5.2

Fritz

5.3

5.4

5.5

ITEM NO. 6 BUTLER CREEK PCT

6.1

Butler Creek

6.2

Butler Creek

6.3

Butler Creek

Total Acres ALL ITEMS (1 – 6) = 660 *NOTE: Must provide pricing for All ITEMS and SUB-ITEMS.

CONTRACTOR/QUOTER RESULTS IN AN AWARD.

***IMPORTANT***

THIS IS A REQUEST FOR QUOTE ONLY, and shall not be construed as an order. The Government retains the right to reject all quoters. Please contact Darrin Jackson (208) 765-7230 to resolve any questions.

Award Determination. The Government may award one or multiple contract(s) resulting from this solicitation to the responsible quoter(s) whose quote conforming to the solicitation will be the best value to the Government. AWARD WILL BE MADE BY ITEM. Price, Past Performance, and Experience will be the determination for evaluation; see ADDENDA TO FAR 52.212-2 Evaluation – Commercial Items for additional information.

Incidental Payment Items. The intent of this contract is to provide for the complete services of the project described in this contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay Items included in the Schedule of Items. All other work and materials will be considered as incidental to, and included in, the payment for the Items shown.

CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (JAN 2017)

(End of Clause)

ADDENDA TO FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (JAN 2017)

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Background.

This solicitation for the Forest Service is in need of hand pre-commercial tree thinning and stand improvement activities to reduce the tree density and, by the deliberate selection of leave trees, improve the overall health and condition of the stand based on the prescribed objectives. Tree selection and cutting of undesirable or excess trees will provide space for the leave trees to grow and develop, reduce the incidence of insect and diseases that affect growth and undesirable tree qualities.

Scope of Contract The solicitation is for tree thinning and stand improvement activities on Kootenai National Forest land, specifically the Libby Ranger District, Canoe Gulch Ranger Station, Libby, Montana 59923. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), and incidentals to perform all work necessary on the areas specified. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire unit.

This contract is a Performance Based, Firm-Fixed price contract.

AGAR 452.211-74 PERIOD OF PERFORMANCE. The period of performance is from the date of Notice to Proceed to June 14, 2018. Estimated start date: June 15, 2017 or earlier as field conditions permit.

Location and Description

The solicitation is for tree thinning and stand improvement activities on the Kootenai National Forest Land on the Libby Ranger Districts. The administrative office for this project is located at the Canoe Gulch Ranger Station, 12557 Hwy 37, Libby, MT 59923. To reach the station from Libby, MT, travel north/east from Libby, MT along Hwy 37 for 12.5 miles; station will be on your left side of the road. POC: Rudy Geber (406)283-7594.

Road Access.

LIBBY RANGER DISTRICT PRE-COMMERCIAL THINNING ACCESS:

Item #1

Sub-item 1.1 – 1.4 can be accessed from the 7149 road which closed yearlong.

Sub-item 1.5 can be accessed from the 6764 road which is open yearlong but not maintained for winter travel.

Sub-items 1.6 – 1.7 can be accessed from the 516 road which is open yearlong.

Item #2

Sub-items 2.1 can be accessed from the 567 road which is open yearlong.

Sub-item 2.2 can be accessed from the 4753 road which is open yearlong.

Item #3

Sub-item 3.1 can be accessed from the 278 road which is open yearlong but is not maintained for winter travel.

Item #4

Sub-item 4.1 can be accessed from the 863-2 road which is closed yearlong.

Item#5

Sub-items 5.1-5.5 can be accessed from the 6731 road and is open yearlong but not maintained for winter travel.

Item #6

Sub-item 6.1 can be accessed from the 4666 road which is open yearlong but not maintained for winter travel.

Sub-item 6.2 can be accessed from road 14563 and is closed yearlong.

Sub-item 6.3 can be accessed from road 14563 but it ¼ mile walk in

Detailed Unit Information Silvicultural Prescriptions are included in this solicitation under paragraph DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS. Additional information can be obtained by contacting Rudy Geber at the Canoe Gulch Ranger Station, telephone (406) 283-7594, during business hours Monday – Friday 7:30 a.m. to 4:30 p.m.

DEFINITIONS

Access Point. The point identified for access to TSI areas. The project area may be reached by forest roads that are accessible by standard two-wheel drive pickup equipped for mountain driving during the normal operating season, except as noted below. The government assumes no obligation to plow snow or do special maintenance to keep roads open. The road/gate access for the bid items can be located in the Silvicultural Prescriptions and on project area maps.

Acceptable (Stocking) Density. The number of trees between the, minimum and maximum specified in the Silvicultural Summary Prescription.

Calendar Days. Every day shown on the calendar, Sundays and holidays included.

Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer

Competitive Area. The area used for comparison of potential leave trees of the same species. The radius of the competitive area is specified in the Silvicultural Summary Prescription.

Contract Time. See Period of Performance.

Crop Tree. A tree that will be a component of a future commercial harvest or managed into the future. In this contract, it is interpreted as the trees specified in the Silvicultural Summary Prescription that are of preferred species, free of insect or disease infection, or if it is present does not threaten the tree survival or growth, exhibits leader dominance and growth, exhibits little or no damage that affects tree survival or growth, and has crown ratio of greater than 40% (ratio of crown to overall length).

Damage. Defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumference of the tree.

Decision Area. An area that is evaluated to determine the appropriate number of leave trees. The Decision area is the same as the plot radium used for inspection (1/50th acre plot = 16.65 feet).

Deficiency (or discrepancy). Trees that are unsatisfactory either because they were cut and met the requirements for a leave tree or were not cut and should have been. There are three categories of deficiencies described in the Inspection procedure (see ATTACHMENTS).

Category A deficiencies – cutting trees that should not be cut or damaging selected leave trees. These are non-correctable errors.

Category B deficiencies - leaving trees that should be cut. These are excess trees and are correctable errors.

Category C deficiencies – other types of errors such as not completely severing trees from stumps, leaving small trees, and other errors as described on the inspection form.

Desirable Leave Tree Characteristics. Trees that are desirable to be leave trees have the following characteristics:

Straight stem

Small branch diameter

Good coloration

Well-formed crown

Branches horizontal or slightly angled to bole

Free of insect or disease damage and/or symptoms.

Vigorous annual terminal growth (especially in last 1 to 3 years)

Crown class of dominant or co-dominant

Crown ratio is 40% or larger.

Characteristics of trees that are not desirable for leave trees:

Multiple tops

Poor crown form

Crook or seep in bole

Dead or broken tops

Poor coloration

Large branch diameter

Presence of insect or diseases

Branches more than 45 degrees from horizontal

Physical or mechanical damage

Suppressed

Poor annual growth

Sucker limbs

Diameter Breast Height (DBH). The diameter of the trunk measure at a point 4-1/2 feet above the ground level on the uphill side of the tree.

Dominate Tree. A tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

Excess Tree. An uncut tree that according to specification should have been cut. Excess trees are generally considered a Category B deficiency in the inspection procedure; these are generally correctable.

Ghost. Leaving trees due to species preference(ex. White Pine). These will not be counted as leave trees in the total trees per acre left. (Item S1-S2 on inspection form)

Healthy Conifer. Trees that are growing well, exhibited by good leader growth, green foliage, and at least 40 percent crown ratio (ratio of crown to overall length), has upright growth form, absence of forking or broken tops, absence of mortality causing diseases or insects in the terminal buds.

Hang-up Tree. Any cut tree suspended more than 3 feet off the ground.

Improperly Cut tree. A tree that was cut that should have been a leave tree based on contract specifications. Also includes any leave tree that was damaged by the contractor’s operations. This is considered a Category A deficiency and is not a correctable deficiency.

Inspection Procedure. The plot inspection procedure described in ATTACHMENTS. Used to determine quality of work.

Leave Tree. Any tree that is selected or required to be left standing according to requirements in Contractor Work Requirements.

Leave Trees Per Acre. The numbers of leave trees within one acre. Generally referred to average leave trees per acre calculated from one or more plot samples.

Number of trees per plot X reciprocal of plot size = leave trees per acre and

Total trees on all plots X reciprocal of plot size = leave trees per acre

Total no. plots taken

Minor Damage. Trees with damage, however, the crooks in the trunk are offset less than 3 inches from the long axis and within 13 feet of the ground, or bark damage to less than one-fourth the circumference of the tree. Trees with forks or broken tops are not considered to have minor damage.

Period of Performance (also Performance Period or Contract Time). The number of calendar days allowed in the contract for completion of contract work.

Pruning (N/A) – cutting of branches specifically designed to reduce the spread of white pine Blister Rust to the bole of the white pine trees selected to be maintained in the stand.

Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Satisfactory Leave Tree. A tree that is selected to be left on the unit that meets contract specifications. Tree is larger than the minimum height required to be cut.

Slash. Trunks of cut trees, and/or limbs created by the Contractor’s operations.

Small Trees. Trees to be cut that are taller than the minimum tree height to cut and shorter than the “small tree height” specified in the Silvicultural Summary Prescription.

Spacing. The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree. Average spacing is calculated from the leave trees per acre.

Special Protection Area. A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Refer to the Silvicultural Summary Prescription for required practices.

Stream Course. The area along a stream with riparian vegetation and other riparian characteristics. Stream courses are noted on the project maps. They typically require special treatment, which may include alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Special treatments will be specified in the Silvicultural Summary Prescription.

Surplus Tree. A tree that is left in the unit that is in addition to the other satisfactory leave trees and is larger than those defined as small trees. It is not counted in the acceptable tree per acre calculation but does contribute to the total trees per acre on the unit. A surplus tree is coded as S3 or S4 trees in the inspection procedure.

Thinning Slash. Debris created from work under this contract, including all cut trees and shrubs including the tops, trunks, and branches.

Unsatisfactory Tree. A tree that fails to meet contract standards includes but is not limited to:

(1) Cutting the wrong tree, failing to cut a correct tree, failure to completely sever a live limb, etc.

(2) Failure to girdle a tree that meets the specifications is also an unsatisfactory tree.

Unsatisfactory trees are considered a deficiency or discrepancy in contract inspection and may either be a Category A, Category B, or Category C deficiency.

GOVERNMENT FURNISHED PROPERTY

The property and services that will be provided by the Government are as follows:

Access roads are accessible by vehicle.

During period unit is being treated.

CONTRACTOR WORK REQUIREMENTS AND STANDARDS

Road Access. The Contractor may access the units from Forest roads indicated on project maps. Some units require the Contractor to walk. The Contractor shall clear any subsequent falling of trees that block roads needed to access units.

Walk-in areas. Units indicated as ‘walk-in’ units cannot be driven to by vehicle.

Locked gates. In cases where units are behind locked gates, the Contractor shall close and lock gates after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the unit with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

Tree Thinning. Thinning reduces the density of a sapling stand and by purposeful selection of leave trees improves the stand composition and condition as prescribed for each individual unit.

Selection of Satisfactory Leave Trees. Satisfactory leave trees contribute to the acceptable density computation. All Satisfactory leave trees are larger than the “small trees” described in the prescription; if there are no small trees specified, then they are taller than the specified minimum cut tree height.

The Contractor shall utilize the Silvicultural Summary Prescription, (also referred to as the prescription) in DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS, characteristics of desirable leave trees (refer to definitions) and requirements in this section for selecting the leave trees. The prescription is based on the overall composition and condition of the stand and is intended to be a guideline for achieving the desired final condition. The Contractor shall use his/her silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease, or animal damage problems and report them to the Contracting Officer if it not recognized in the prescription. The Government, at the suggestion of the Contractor, may revise prescriptions with approval by the Contracting Officer. Alternate prescriptions must meet the overall stand objectives to be considered by the Contracting Officer.

The acceptable density, preferred species, and unique unit requirements for selecting leave trees are defined in the Silvicultural Summary Prescriptions.

Spacing method for leave tree selection. The Contractor shall select the most desirable leave trees based on the Silvicultural Summary Prescription and desirable leave tree characteristics within the acceptable stocking density. Alter the spacing to select the most desirable tree within the spacing guide identified in the prescription.

Other leave trees. In addition to the leave trees described in Selection of Satisfactory Leave Trees the Contractor shall leave trees larger than the maximum dbh, and other “trees to be ignored” as described in the Silvicultural Summary Prescription. Thinning quality will reflect the failure to leave these trees.

Cutting trees not selected as leave trees

All trees not designated as leave trees that are taller than the minimum cut tree height shall be cut. Leave trees shall not be damaged in the operation.

All cut trees shall be completely severed below the lowest live limb except when prevented by natural obstacles. This will prevent the tree from growing new vegetative material. A live limb is a limb of any size that has green needles attached. Cut trees shall be secured so they do not roll down hill and shall not be hung up on other trees or vegetation.

Trees defined as “small tees” in the prescription shall be cut however there is a greater tolerance for failure to cut these trees than larger trees. Small trees that are not cut are considered a Category C deficiency. Refer to Best Tree Thinning for maximum level of Category C deficiencies allowed.

Stump height shall not exceed 12 inches above the ground level or 3 inches above natural obstacles.

Best Tree Thinning. Best Tree in competitive area method is being used in selecting leave trees with the Species preference as described in the Silvicultural Summary Prescription.

(a) Average of 250 trees per acre, the plots should have a minimum of 4 trees or a maximum of 6 trees per 1/50th acre plot. Maximum number of Category C small trees per acre not to exceed 35. See Silvicultural Summary Prescription.

(b) Special Treatments will be based on the Silvicultural Summary Prescription.

Girdling. The Silvicultural prescription will outline units containing mistletoe girdling. Girdling is the act of deliberately severing the cambium of a tree to kill it. Two rings are cut through the bark and completely through the cambium of the tree to be killed. Improper girdling will not kill the tree. See Silvicultural Summary Prescription.

Release. This activity cuts competing conifers from around selected crop trees to allow the crop trees room to grow.

The Contractor shall select the crop trees to be released based on the Silvicultural Summary Prescription.

Trees specified in the prescription shall be cleared from around the selected crop trees for the distance specified in the prescription.

The crop trees and other vegetation specified to be left shall not be damaged during release work..

Slash Treatment. Reduction of slash created in TSI operation to acceptable conditions.

All thinning slash shall be less than _2_ feet high, placing it on or near the ground surface. Cut material shall not lean against an uncut tree, stump, log, or any obstacle. It shall be secure and not able to roll down the hill.

Slash treatment shall be concurrent and progressive with the thinning. The Contractor shall not move onto a new unit without completion of slash treatment.

All trails indicated on the project maps and 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 _10_ 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 _10__ 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.

Piling. When required by the Silvicultural Summary Prescription, slash shall be piled. Piles shall be constructed to facilitate full consumption when they are burned. Piles shall be located to minimize damage to residual trees when the piles are burned.

Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work.

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.

Stream courses. The Contractor shall minimize damage to stream courses.

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

Salvage. Salvage material is available to the contractor with approval by the Contracting Officer; Salvage will be accomplished in accordance with district and National Forest permits and will not interfere with contract completion.

Plot Tree Data. On each inspection plot conducted by the Contractor, the Contractor shall record the species of each tree and estimate and record the average diameter and height of all remaining trees on each inspection plots. Record this data on the Thinning Inspection Plot Form. This is in addition to the other required inspection information specified in DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS, Thinning Inspection Plot Form and detailed instructions, and other contract requirements.

Quality Control. The Contractor shall prepare a Quality Control Plan as described in INSPECTION AND ACCEPTANCE. 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 that work will be completed within the performance period described in DELIVERIES OR PERFORMANCE. The Contractor shall provide a general plan with the response to the solicitation. A supplementary plan and schedules will be provided after contract award, but 5 days before start 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 Contractor may update the Work Plan when work is in progress and the Contracting Officer may accept the updated Work Plan.

Camping and Worksite Conditions. Camping and Worksite Plan shall be consistent with requirements set forth in this section, CONTRACT CLAUSES, the camping permit if required, and supplementary requirements in DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS. The Contractor shall provide a general plan with the technical proposal, and shall provide a more specific plan based on items awarded, prior to start work. (See 4G52.222-705 Camping Provision for Labor Intensive Contracts in contract award).

Contractor Information: The Contractor shall abide by the OSHA’s Field Sanitation Standard, Fact Sheet No. OSHA 92-25, which applies to any agricultural establishment hiring 11 or more workers for hand labor.

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 the English language and shall be in the work area whenever work is in progress.

Crew Safety. All employees of the contractor shall be equipped with personal protective equipment as described in SPECIAL CONTRACT REQUIREMENTS. Contractor is hereby advised that the thinning project is located in grizzly country, and shall take appropriate precautions to avoid encounters with grizzly bears or other wildlife.

STANDARDS

(Non-mandatory use) Forest Service Handbook, R1 Supplement 2409.17-99-1 (effective 4/12/99), Chapter 6 - Timber Stand Improvement available at:

http://www.fs.fed.us/im/directives/field/r1/fsh/2409.17/ (select r1-2409.17 6 6-6.17.doc and r1-2409.17 6 6.2-6.4.doc) This reference is not mandatory but provides additional information that may be useful to potential quoters in preparation of his/her response to the solicitation.

(Mandatory use) OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25 is available:

http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

Tree Thinning, Girdling

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 do not exceed the maximum stated in DELIVERIES OR PERFORMANCE, acceptance and rework.

· 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 as per DELIVERIES OR PERFORMANCE prior to payment for other thinning work.

· If Contractor does not achieve at least 90% quality, deductions as per ADMINISTRATIVE and adverse performance assessment.

Release

· If Contractor achieves 90% or greater quality, the Contractor will receive unit price as incentive.

· If Contractor does not achieve 90% quality, deductions as per CONTRACT ADMINISTRATION. Adverse performance assessment.

Slash Treatment

Reserved for additional work item

Quality Control

· 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.

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

· If quality does not meet standard, pay deduction (see CONTRACT ADMINISTRATION) and/or additional costs to the Government will be assessed

Work Plan and Schedule

· 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 starting work based on items 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. 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 thinning quality, release quality and which represents the entire area treated. Girdling shall be inspected with thinning. The Contractor shall sample at least 1-percent of the treated area, with a minimum of 5 plots per unit/pay item. A 1/50th acre plot size shall be used during inspection.

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 unit that meets contract requirements and a sketch map with plot locations. The Contractor shall use the Thinning Inspection Plot Form and inspection forms for other work that are provided in DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS.

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.

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

Number of plots

The equation specified on the inspection form for Release (provided in DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS) will be used to determine quality for release and other work.

Slash Treatment quality must reflect full compliance with requirements.

Acceptance. The Contractor’s Quality Control inspections for thinning 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 fails to provide tree thinning within 5 -percent of the Government’s quality assurance results at the completion of a unit. When the Contractor’s quality control is unacceptable, payment for the unit will be based on the results of the Government’s quality assurance.

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 5-percent of the Contractor’s submitted quality control results, the Contractor’s results will be considered acceptable and used for pay. If results of the re-examination exceed 5-percent of the Contractor’s submitted quality control results, the Government’s re-examination will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

DELIVERIES OR PERFORMANCE

DELIVERIES

Contract Performance Time and Required Rate of Progress.

The Contractor shall maintain 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 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. NO WORK SHALL COMMENCE WITHOUT FIRST HAVING A PRE-WORK CONFERENCE.

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 contract period. 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, a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

FAR 52.236-6 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.

Acceptance and Rework Tree Thinning.

When the Contractor’s inspection results are below the performance standard of 90 percent quality based on the Contractor’s quality control inspection and verified by the Government monitoring, 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 35 trees per acre 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.

Slash Treatment. 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 contract. 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.

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 the 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.

CONTRACT ADMINISTRATION

MEASUREMENT

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

Re-measurement. The Contractor may at any time after award request re-measurement of any sub-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 unit/sub-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 will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the Contractor’s quality percentage will 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 described in ACCEPTANCE AND INSPECTION. Note that payment for thinning quality will only be made when Category C deficiencies are below the maximum levels.

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 sub-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 70 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 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 sub-item and payment made.

Category C deficiencies that exceed the maximum allowance stated in DELIVERIES OR PERFORMANCE will be considered unacceptable and payment for the unit will not be made until corrections are made consistent with DELIVERIES OR PERFORMANCE.

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

INVOICE PROCESSING PLATFORM (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel

The Contractor shall assign to this contract the key personnel:

· CONTRACTOR REPRESENTATIVE(s):

· CREW FOREMAN(s):

The Contractor shall make no substitutions of 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.

FIRE CONTROL

(a) 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.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) 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 the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool 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.

(2) 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…