S140035CompleteSolicitationFinal.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-03R6-S-14-0035 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY.

This copy should be retained by offerors.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, Montana 59804

Offers Are Solicited For:

PROJECT

Mechanical Thinning IDIQ Flathead National Forest

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 58 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-03R6-S-14-0035 SEALED BID (IFB) April 8, 2014 NUMBER

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) USDA – Forest Service Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, MT 59804

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

SOLICITATION

9. Sealed offers in original and See ‘L-5’ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 24 Fort Missoula Road, Missoula, MT 59804 until 4:00 pm local time May 15, 2014

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

10. FOR

INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension C. E-MAIL ADDRESS

CALL: Loren Ebner (406) 329-3858 lebner@fs.fed.us

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 16

X B SUPPLIES OR SERVICES AND PRICES 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5 X J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 4 X

K REPRESENTATIONS, CERTIFICATIONS AND

7 X F DELIVERIES OR PERFORMANCE 3 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 3 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 6

X H SPECIAL CONTRACT REQUIREMENTS 9 X M EVALUATION FACTORS FOR AWARD 2

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME AND ADDRESS OF OFFEROR CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

TIN: ____________________

DUNS: _____________________

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension) 15C. Check if remittance address

17. SIGNATURE

18. OFFER DATE

is different from above – enter such address in Schedule.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

LOREN EBNER

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c) http://www.ipp.gov/

AG-03R6-S-14-0035

Mechanical Thinning/Flathead NF

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Mechanical Thinning IDIQ Flathead National Forest

Flathead, Lake, Missoula, and Lincoln Counties, Montana

B- 1 Schedule of Items

Item No. Description

001 YEAR ONE (Base Year): Award – May 31, 2015

002 YEAR TWO (Option Year): June 1, 2015 – May 31, 2016

003 YEAR THREE (Option Year): June 1, 2016 – May 31, 2017

Note: Task Orders under this contract will include a Task- Order-specific Schedule of Items. For the purpose of the initial contract award, the Government will evaluate Offeror-proposed prices for Task Order No. 01, which is attached to this solicitation. See Sections L and M for more information regarding price evaluation.

B- 2 Basis of Award

One or more contracts may be awarded. See Section L for instructions for proposal preparation and Section M for the basis of award.

B- 3 Minimum and Maximum Contract Amounts

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000.00 per contract award (per Contractor), for the base year and each option year exercised by the Government, but not in excess of $550,000.00 total in the base year or any individual option year exercised by the Government (This amount is not per contract, but rather the maxium cumulative total that could be ordered for all contract awards). In addition, the Government will not place orders in excess of $1,000,000.00 cumulative total over the entire period of the contract, including any option years (This amount is not per contract, but rather the cumulative total for all contracts awarded). (Also See Paragraph I- 7, Order Limitations for limitations on individual Task Orders; and Section G for Task Order ordering procedures.)

B- 4 Authorized Ordering Activities

See Paragraph G- 1.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Background

The U.S. Forest Service is in need of mechanical thinning for hazardous fuels reduction and stand improvement activities to reduce tree density, by the deliberate selection of leave trees; improve the overall health and condition of the stand based on the contract specifications (Silvicultural Prescriptions).

Tree selection and cutting/mastication 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, undesirable tree qualities, and to reduce the ladder fuels; thus reducing the potential for crown fires. Other fuels related activities are also needed to reduce or remove natural/activity fuels to an acceptable level. It is anticipated that this work will be completed with conventional logging systems, with some of the work completed by hand.

C- 1 Scope of Contract

The contract scope includes mechanical tree thinning, whole tree removal, processing, decking, mastication, stand improvement, slash treatment, chipping, grinding, hauling, excavator fire line/fuel break, rehabilitation and related activities, including, but not limited to hand tree thinning and other non-mechanized and mechanized activities necessary to comply with contract specifications. This contract is for performance on the Flathead National Forest, and other National Forests as authorized herein. The Contractor shall furnish everything necessary, including, but not limited to all labor, equipment, supervision, transportation, supplies, and incidentals to perform work under this contract. The Contractor shall perform all aspects of the work in an organized, systematic manner, ensuring that the services are completely performed over the entire area(s) specified.

This contract is a Performance-Based, Multiple-Award, Indefinite Delivery Indefinite Quantity (IDIQ) contract with a base and two option year renewals. “Performance-Based” means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

C- 2 Location and Description

(a) National Forests. In addition to the Flathead National Forest, the following National Forests are authorized to utilize this contract:

• N/A

(b) Project Locations. The worksites, access to the areas, method of work, size of units and other information pertinent to each thinning/activity unit will be listed on the Performance Requirements Summary/Silvicultural Prescriptions and Project Maps when individual Task Orders are issued. See Sample Silvicultural Prescription and Flathead National Forest Vicinity Map in Attachments.

C- 3 Government-furnished Property and Services

To be specified in individual Task Orders.

C- 4 Technical Specifications

(a) Statements of Work and Silvicultural Prescriptions. The Contractor shall execute the work in accordance with Task Order Statements of Work, and Silvicultural Prescriptions (when applicable) for each Task Order.

(b) Equipment Operators. The Contractor shall provide equipment operators, highly-skilled in:

(a) understanding and complying with detailed and technical silivicultural prescriptions for treatments by designation; (b) performing the work in a manner which does not cause excessive soil disturbance (compaction, displacement, and so forth), or road and other resource damage; (c) performing the work in a manner which does not damage leave trees outside of allowable tolerances; and (d) performing the work safely.

If the Contracting Officer determines that the Contractor’s equipment operator (1) is not performing the work according to specification, and/or (2) cannot consistently and reliably perform the contract work in compliance with the terms of the contract, the Contracting Officer will inform the Contractor of that determination and, if required by the CO, the Contractor shall promptly provide replacement operator(s) with the required skills. The Contractor shall not be entitled to any adjustment in contract price or time as a result of the Contracting Officer exercising the Government’s contractual rights under this clause. This clause shall not be construed as affecting any other rights of the Government under this contract.

(c) Equipment.

(1) When the Government requests Contractor(s) to quote on a particular Task Order, the Government may specify the type of equipment required for that Task Order, or, at the Contracting Officer’s discretion, the Government may allow the Contractor(s) to propose the type of equipment to be used for that Task Order. The Contractor(s) receiving the Task Order shall provide the equipment required by the Government (if specified by the Government), or proposed by the Contractor and accepted by the Government (if the Contractor is allowed to propose the equipment type).

(2) When ordered by the Government, the Contractor shall provide the following the equipment for performance of the work under this contract:

(i) Excavators with bucket and thumb, grapple or clam shell bucket.

(ii) Mobile brush cutters and shredders (masticator), vertical/horizontal-shaft machines mounted on a tracked excavator or tracked feller-buncher.

(iii) Whole-Tree Chipper/Grinder capable of chipping/grinding large landing piles into trucks.

(iv) Rubber Tire Whole-Tree Skidder w/Grapple or Forwarder.

(v) Cut-to-Length Harvester or Whole-Tree Processor.

(vi) Log Loader

(vii) Feller-Buncher

(viii) Yarder

(ix) Log/Chip Truck

(x) Dump Truck

(xi) Excavator w/Bucket, Thumb, & Grousers (every other pad)

(3) Equipment Requirements. The Contractor shall provide dependable and safe equipment that meets all applicable state and federal laws and regulations relating to motor vehicles and equipment, including, but not limited to 29 CFR 1910 and 29 CFR 1926. The Government reserves the right to conduct inspections at any time. Equipment requirements include, but are not limited to the following:

(i) An audible reverse warning device (backup alarm) of 87 decibel or greater measured at 5 feet behind and in the center of the equipment.

(ii) A fire extinguisher, multi-purpose 2A 10BC that is securely mounted to the vehicle and accessible by the operator. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a 6-year annual inspection and every 12 years regarding a hydro test on all dry powder, metal fire extinguishers.

(iii) Shovel.

(iv) U.S .Forest Service-qualified spark arrester on all naturally aspirated engines.

(v) All factory guards shall be in place and in functional condition (i.e. engine compartment) (applicable for heavy equipment).

(vi) Radiator protection (applicable for heavy equipment).

(vii) Seat belts.

(viii) Flashlight.

(ix) Water, 1 gallon drinking.

(x) 5-person first aid kit.

(xi) Personal Protective Equipment.

(xii) Rollover Protective Structure (ROPS) and Falling Object Protection (FOPS) meeting the applicable OSHA standards at time of manufacture or SAE J 1040 and SAE J 231 is required on all machines. A manufacturer's nameplate certifying the operator enclosure or alternative documentation that the cab meets these provisions is required. Modification of factory ROPS/FOPS (Cutting/Welding) and any aftermarket ROPS/FOPS requires certification to SAE J 1040 and SAE J 231.

(xiii) Operator Protection. Shall meet all applicable Federal and State (the State where equipment is registered) logging safety standards (per OSHA, 29 CFR 1910.266) and must have operator protection, such as a Forestry cab package with wire mesh or safety glazing that provides equivalent protection. Stand-alone safety glass does not provide equivalent protection to wire mesh, however it may be used as part of the window glazing system.

(xiv) Polycarbonate windows are not "glass" and may be acceptable as a stand-alone window guard. Any machine cab meeting ISO 8084 or SAE 1084 fulfills this requirement. The protective canopy shall be constructed to protect the operator from injury due to falling trees, limbs, saplings or branches which might enter the compartment side areas and from snapping winch lines or other objects. The rear portion of the cab shall be fully enclosed with open mesh material with openings of such size as to reject the entrance of an object larger than 2 inches in diameter. The covering shall be affixed to the structural members so that ample clearance will be provided between the screen and the back of the operator and shall provide maximum rearward visibility. Open mesh shall be extended forward as far as possible from the rear corners of the cab sides to provide the maximum protection against obstacles, branches, etc., entering the cab area. Deflectors, which may be part of the cab, shall be installed in front of the operator area to deflect whipping saplings and branches. Deflectors shall be located so as not to impede visibility and access to the cab.

(xv) Lighting (2 rear, 2 forward). Lights shall be mounted to the equipment in such a way to provide protection from damage and provide illumination beyond the blade.

(xvi) Underbody protection (belly pan, rock guards unless not recommended by manufacturer).

(xvii) In addition to above requirements, Excavators shall have:

(A) Operator Protection System. Shall have a factory enclosed canopy with deflectors installed in front of the operator area to deflect whipping saplings, branches and debris broken off by the action of the bucket, hydraulic thumb or masticator/brush cutter. Deflectors shall be located so as not to impede visibility and access to the cab but still protect the operator from frontal damage.

(B) Capability of operating at manufacturer's limitations (i.e., slope).

(C) Lighting (2 forward). Lights shall be mounted to the equipment in such a way to provide protection from damage and provide illumination beyond the bucket/thumb.

(D) Hydraulic thumb or clamshell.

(E) Steel Tracks.

(d) Work Activities. Task Orders will include detailed specifications. The Contractor shall perform work in accordance with the detailed specifications identified in each Task Order. Unless otherwise specified in Task Orders issued under this contract, the Contractor shall comply with the following specifications for the identified work activities:

(1) Tree Thinning

(i) Silvicultural Prescriptions

(2) Whole Tree Removal. This works includes, but not limited to:

(i) Landing Preparation

(ii) Skidding/Forwarding

(iii) Whole tree processing to a 2 ½” top and no less than 16’ in length

(iv) Deck whole trees in a way that makes thm accessible to a self-loading truck

(v) Slash Treatment

(3) Mastication.

(i) Masticated material will be within the following specifications: 75% of chips from masticating must be <3’ in length, 25% of chips from masticating may be >3’ in length, however must be no more than 1’ in height.

(ii) Masticating existing down wood may also be required in certain instances.

(4) Excavator Piling.

(i) Piles must be reasonably compact, >6 ft. in height, free of soil/duff, all slash parallel.

(5) Fireline/Fuel Break.

(i) All down wood >2” diameter shall be removed from a specified width (10’ to 30’) and scattered in a way that does not create a windrow or add >1’ to the existing fuel bed depth.

(ii) Fireline will remove and scatter fuel and duff only enough to expose mineral soil for a specified width (2’ to 4’).

(6) Pile Chipping/Grinding.

(i) Remove landing pile slash by chipping/grinding or remove with an excavator and dump truck from National Forest lands.

(ii) Scatter no more than 15 tons/acre of the largest pile material over the area for nutrient cycling and to discourage motorized use.

C- 5 Performance Requirements Summary

Example: tree thinning w/optional mastication, whole tree removal, processing, decking, and slash treatment.

Requirements Tasks and

Critical Subtasks

Performance Standards

Acceptable Quality Level

Government Method of Monitoring

Incentives/ Disincentives

1. Treat acres of hazardous fuels.

2. Leave the best trees within an average spacing.

3. Meet slash treatment objectives and all other considerations listed.

1. Felling trees.

2. Whole tree yarding/forwarding.

3. De-limbing trees.

4. Decking trees.

5. Excavator piling slash.

6. Mastication (optional).

7. Landing preparation.

8. Selecting the best tree to leave, while considering size, best tree, and species preference.

9. Meet all other considerations of the prescriptions.

10. Roads shall be left in same condition as when project is started. If road repair is required, Contractor shall repair with no cost to the Government.

1. 100% of the unit acres treated.

2. Select the best trees to leave and meet the spacing requirement.

3. Completion of acres within the contract time.

4. Ability to communicate and work with the COR and designated inspector (Sale Administrator).

5. Maintain production rate proposed in quote/proposal.

1. 15% error will be acceptable for the thinning quality calculation (Category A and B).

2. Two or less Category C deficiencies per acre on average.

3. 15% or less Category D deficiencies per acre will be acceptable.

1. Walk through inspections by COR and designated inspector (Sale Administrator).

2. One random 1/20th acre plot per 5 acres by COR or designated inspector.

1. Good/poor performance will be documented on the final Contractor performance evaluation.

2. Rework will be required for acres below 85% quality. If rework cannot bring the quality to 85% or greater, then a 2% reduction in pay will be applied to every 1% below 85%. Quality at 70% or below will result in no pay.

3. Rework will be required for Category C deficiencies exceeding an average of 2 per acre.

4. Rework will be required for acres exceeding 15% deficiency in category D. A 2% reduction in pay for every 1% above 10% deficiency.

5. Failure to meet the completion date may be grounds for termination for default and will be documented on the final Contractor performance evaluation.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/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

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

E- 2 Contractor Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

The Contractor shall submit a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP no later than 5 calendar days before beginning work on the first Task Order issued under the contract.

The QCP 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. For some activities described herein, the Contractor shall use plot inspections to determine the actual quality percentage. For other activities, the Contractor may utilize other methods to determine the Contractor’s compliance with the contract specifications. In addition to the description of how quality will be monitored to assure that performance standards are met, the plan shall also include: (1) corrective or preventive actions that will be taken to meet quality standards; (2) control procedures for security of Government-provided items such as keys, and lock combinations; and (3) location of the inspection documents and other quality control records.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

E- 3 Contractor Quality Control (QC) Methodology

(a) QC: Tree Thinning. The Contractor shall use plot inspections that conform to the requirements specified here for the following contract activities: tree thinning.

(1) The Contractor shall maintain a plot system that provides an unbiased sample of thinning quality and which represents the entire area treated. The Contractor shall sample at least one random http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

1/20th acre plot per 5 acres. The Government may observe or re-inspect the Contractor’s plots at any time.

(i) The Contractor shall mark and identify each inspection plot center on the ground.

(ii) 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 provided in Section J.

(iii) 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.

(iv) 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.

(v) 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 column 10 X Reciprocal of Plot Size = tpa

(vi) The following calculation will be used to determine the Category D deficiencies per acre. [(Sum of D x 0.25) / # of plots] x 100 = % quality

(2) Reserved.

(b) QC: Other contract work activities. The Contractor shall perform Quality Control in accordance with the Quality Control plan.

E- 4 Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include random sampling, 100% inspection of the work, visual survey and review of Contractor quality control documents.

Work that does not meet the contract requirements will be brought to the Contractor's attention.

Deductions for unacceptable work may include rework at no cost to the Government or Government acceptance with price reduction. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

E- 5 Acceptability of Contractor Quality Control

(a) Acceptability of Contractor Quality Control: Thinning

(1) The Contractor’s Quality Control inspections for thinning will be considered acceptable when they are within 5 percent of the Government quality assurance results.

(2) 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 (G- 4).

(3) 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.

(b) Reserved.

E- 6 Acceptance and Rework

(a) Acceptance and Rework: Thinning

(1) 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 and Task Orders. 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.

(2) 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.

(i) The Government will conduct quality assurance plots up to one time after the initial assessment due to rework by the Contractor.

(ii) 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.

(3) When the Contractor’s inspection results are below the performance standard of 85 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.

(4) When the total number of Category C deficiencies exceed 10 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.

(5) When the total number of Category D deficiencies exceed 15% 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.

(b) Acceptance and Rework: Other Contract Work Activities.

(1) 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 and Task Orders. 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.

(2) 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.

(i) The Government will conduct quality assurance plots up to one time after the initial assessment due to rework by the Contractor.

(ii) 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.

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

52.242-14 Suspension of Work (APR 1984) 52.242-17 Government Delay of Work (APR 1984)

F- 2 Contract Period

The contract period of this contract is from the date of contract award through last option period exercised by the Government. Task Orders may be issued at any time during the contract period. Contract time for individual Task Orders will be identified in each Task Order. Contract time for individual Task Orders may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order(s) expires.

Contract Year Start of Contract/Option Date Last Date A Task Order may be executed

Base Year Award Date of Contract May 31, 2015 Option 1 June 1, 2015 May 31, 2016 Option 2 June 1, 2016 May 31, 2017

F- 3 Contract Time and Required Rate of Progress

(a) Estimated Start Work Date. The estimated start work date for each Task Order will be identified in each Task Order at the time it is issued by the Contracting Officer.

(b) Notice to Proceed. The Contracting Officer will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The Contracting Officer may, at the Contracting Officer’s discretion, agree to a Contractor-proposed specific start work date if the Contracting Officer determines that the date proposed by the Contractor is in the best interest of the Government.

(c) Contract Time. Contract time for individual Task Orders will be identified by the Contracting Officer in each Task Order. Contract time for Task Orders issued may overlap and/or run concurrently.

(d) Minimum Required Rate of Progress. The Contractor shall maintain progress at a rate that will assure completion within the contract time specified in the Task Order. The Contractor shall maintain the following minimum production rates, unless otherwise approved, in writing, in advance, by the Contracting Officer:

Minimum Production Rates <800 Trees*/Ac., <40 Tons/Ac. DW >801 Trees*/Ac., >41 Tons/Ac. DW

Whole Tree Removal 2 acres/day 1.5 acres/day Mastication 2 acres/day 1.5 acres/day

Excavator Piling 3 acres/day 2 acres/day Fireline/Fuel Break 100 feet/hour 50 feet/hour

Pile Chipping/Grinding Negotiated/Task Order Negotiated/Task Order *Total Stand Density

The minimum acceptable rate of progress for work activities not identified in the table above will be calculated by dividing the total units of work for each item by the contract time specified in the Task Order.

(e) Work Plan and Schedule. The Contractor shall prepare a work plan and schedule that demonstrates how the work will be completed within the contract time identified in the Task Order. Contractor Work Plans and Schedules shall ensure compliance with any contract-mandated minimum production rates, but may exceed those rates.

The Government may require the Contractor(s) to submit a Work Plan and Schedule at or before the following times:

(1) During the Competition for Each Task Order. Each Task Order under this multiple award contract will be competed among the Contractors receiving a contract award. As part of this competitive process, the Government may request Contractors to propose a specific Work Plan and Schedule for the Task Order being considered. In such instances, the Contractor proposed Work Plan and Schedule would be considered by the Government as the Government determines which Contractor response(s) would be the best value to the Government. During the evaluation process, the Contracting Officer may negotiate Work Plan and Schedule details with Contractor(s).

(2) Prior to Commencing Work under the Task Order. If the Government does not request Contractor proposals for a specific Work Plan and Schedule during the competitive process for each Task Order, then Task Order work plans and schedules shall be provided to the Contracting Officer prior to commencing work under the Task Order. It is the Contractor’s responsibility to promptly submit the Work Plan and Schedule. No adjustments in contract time or the start work date for the Task Order will be made due solely to the failure of the Contractor to submit a Work Plan and Schedule. The Contractor shall advise the Contracting Officer 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.

(f) Unsuitable Conditions. Whenever it is determined that environmental or physical conditions become unsuitable for work, the Contractor shall move to another area identified by the Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer.

(g) Unfavorable Conditions. It is estimated that adverse weather and/or road conditions may prevent access to the worksites or performance to specification during the period November through May. From November to May, 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.

(h) Work Completed after the Performance Period. Whenever the Contractor fails to complete work within the contract time specified on a Task Order, 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.

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Authorized Ordering Activities

In addition to the Contracting Officer for the parent contract, the following authorized officials may place Task Orders under this contract: Any Contracting Officer assigned to the USDA Forest Service, within the limits of their warrant authority.

G- 2 Ordering Procedure: Fair Opportunity, Task Order Competition, and Task Order Contractor Selection

(a) This is a Multiple-Award Contract. When the Contracting Officer issues a Task Order that is anticipated to exceed $3,000.00 under this contract, the Contracting Officer will give every Contractor a fair opportunity to be considered for a Task Order unless one of the following exceptions applies:

(1) The Government’s need for the service is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(3) It is necessary to place an order to meet the minimum guarantee.

(b) The Contracting Officer may solicit quotes orally or in writing.

(c) Task Order Evaluation Criteria. The Contracting Officer will identify the Task Order Evaluation Criteria at the time the Contracting Officer solicits quotes from the Contractors. The Task Order Evaluation Criteria will always include “Price”, including price reasonableness. The Contracting Officer may, at the Contracting Officer’s discretion, also include one or more of the following non-price evaluation factors:

(1) Past Performance on earlier Task Orders under this contract, including quality and timeliness.

(2) Technical Approach and/or Equipment.

(3) Contract Time and Schedule.

(d) The Government will make the Task Order award to the Quoter whose quote and response to the evaluation criteria represent the best value to the Government, price and technical factors considered.

(e) If a Contractor is awarded multiple Task Orders, work shall be completed concurrently unless otherwise specified in the Task Order(s).

G- 3 Ordering Procedure: Issuing Task Orders

(a) Order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing.

Task Orders will be considered as being “issued” at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer. If more than one method is used to place the order, the date of the earliest provable method will be the date of issue.

(b) Each Task Order issued by the Government will include the following items:

(1) Standard Form 18 (Request for Quotations)

(2) Schedule of Items

(3) Task Order Cover Sheet

(4) Description of Work

(5) Estimated start work date and contract time for the Task Order (also see Section F herein).

(6) Summary Information Chart

(7) Silvicultural Summary Prescription (if applicable)

(8) Project Maps

The following items will be issued by the Government at the beginning of the contract for use throughout contract performance.

(1) Thinning Inspection Plot Form (Contractor may copy and use during contract)

G- 4 Measurement and Payment

A final walk-through inspection will be completed with the Contractor prior to payment.

(a) Measurement. The acreages were measured on a horizontal plane with the Global Positioning System (GPS) within the established boundaries.

(b) Remeasurement.

(1) The Contractor may at any time after award request remeasurement of any treatment area.

The request must be made in writing and supported by written documentation. Remeasurement will be made within the established boundaries.

The Contractor shall pay for the cost of remeasurement and the original acreage will be used as the basis for payment if the remeasurement results in:

(i) An increase of less than 1 acre on units smaller than 20 acres or less than one chain on items smaller than 20 chains.

(ii) An increase of less than 5 percent on units larger than 20 acres.

(c) Basis of Payment - Performance Incentives/Deductions - Thinning.

(1) Calculation of Payment for Thinning.

(i) Category A and B Deficiencies.

(A) Quality of 85% or higher will receive full payment at 100 percent of the contract unit price per acre.

(B) Quality at less than 85% will receive payment at a 2% reduction in contract unit price per acre for every 1% below 85% quality. Quality at 70% or below will result in no pay.

(ii) Category C Deficiencies. Category C deficiencies exceeding an average of 2 per acre will require rework prior to acres being accepted for payment.

(iii) Category D Deficiencies. Category D deficiencies exceeding 15% will require rework or a 2% reduction in contract unit price for every 1% above 15% will be applied prior to acres being accepted for payment.

(d) Basis of Payment - Performance Incentives/Deductions – Other Work Activities.

(1) Calculation of Payment for other activities. Payment will be made based on the unit prices in the Schedule of Items for Contractor work meeting the contract specifications that is accepted by the Contracting Officer. The Contracting Officer may reject work that does not conform to contract requirements. In such instances, the Contracting Officer may reduce the contract price to reflect the reduced value of the services performed, in accordance with FAR 52.246-4.

G- 5 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.

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 3 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 fire fighting 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 than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles,…