Final SOL 0283.pdf

8 COUNTIES HAZ-FUELS REDUCTION PHASE 1

UMPQUA NATIONAL FOREST

REQUEST FOR PROPOSAL

SOLICITATION NUMBER AG-0489-S-10-0283

U.S. Department of Agriculture

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

SERVICE RFP SOL NO AG-0489-S-10-0283

Umpqua National Forest

8 Counties HAZ-FUELS Reduction phase 1

NOTICE TO OFFEROR:

This notice is a Small Business Set-Aside.

PROPOSAL BOOKLET:

Offeror is responsible to verify the proposal booklet is complete. Offeror is also responsible for submitting all required forms and documents with their offer.

Applicable FAR provisions and clauses in this RFQ are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at www.arnet.gov/far/. Offerors are strongly encouraged to review provisions and clauses referenced in this document before submitting a quotation.

CENTRAL CONTRACTOR REGISTRATION:

You must register in the Central Contract Registration (CCR) prior to award of this contract. Failure to register prior to contract award will require award to be offered to the next successful registered offeror. See FAR Subpart 4.1103.

Register online at www.ccr.gov or call toll free: (888) 227-2423.

INSTRUCTIONS TO OFFERORS

GENERAL:

By submission of its offer in accordance with the instructions provided in this Section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto.

DISCREPANCIES:

If an offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting officer (CO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial quotation, as received, without discussions.

SUBMISSION OF OFFERS:

Offerors shall submit the following information by 4:00 Pacific Time, Friday, April 9, 2010:

Priced proposals shall include the following items:

1. Section A – SF1449 fill out blocks: 17,26, and 30. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. These sections constitute the model contract.

2. Block Section B – Supplies or Services and Prices/Costs, for all items. Any corrections, erasures, whiteout or other changes to your prices must be initialed by the offeror. Contractor must submit an offer on all items to be considered responsive.

3. Section L - Past history relevant to this type of project.

4. Section K - Complete the necessary fill-ins and certifications in the Representations and Certifications. The offeror shall submit only those pages that require a fill-in in the remaining solicitation package.

The packaging used in submitting the proposal must clearly identify the solicitation number and the date and local time specified in the solicitation for receipt of proposal. Offerors using commercial carriers should ensure that this information is marked on the outermost wrapper. Proposals should be submitted to the following address:

EROC-NW, CONTRACTING OFFICE

ATTN: AG-0489-S-10-0164

16400 CHAMPION WAY

SANDY, OR 97055

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SCHEDULE OF BID ITEMS | CONTRACT NUMBER –

Award Number –

Name of Offeror or Contractor –

ESTIMATED

ITEM # SERVICES QTY UNIT UNIT PRICE AMOUNT___

PROJECT NUMBER – WFM-6XX-01HF

Eight County Hazardous Fuels Reduction – Phase 1 Tiller Ranger District, Umpqua National Forest

1-A. Pre-Commercial Thinning and Release Estimated Acres 300-525 395 Acres $_________ $_______________

1-B. Hand Pile and Cover Estimated Range 180-400 Acres 250 Acres $_________ $_______________

1-C. Lop and Scatter

Estimated Range 100-300 Acres 144 Acres $ _________ $_______________

1-D. Pruning Estimated Range 0-30 Acres 13 Acres $_________ $_______________

TOTAL QUOTE $_________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 SCOPE OF CONTRACT

This contract requires precommercial tree thinning, release, pruning, slash treatment, cutting wildfire burned trees, bucking, limbing, hand piling, covering, mechanical chipping, Contractor self-inspection and related saw and hand work in compliance with its terms, specifications, and provisions. This includes the Contractor furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

All work is located on the Tiller Ranger District of the Umpqua National Forest. Work not specifically included within the awarded document but within the scope of the contract may be added at any time via contract modification upon mutual agreement. Additional technical specification requirements may be added at that time.

C-2 LOCATION AND DESCRIPTION

The location of the worksite(s), access to the area(s), method(s) of work, size of each subitem (unit), and other information pertinent to this contract are contained on the Detailed Unit Information Sheet(s) and/or vicinity and project maps, and/or aerial photos, which shall be considered as part of the technical specifications.

Accessibility - The work areas may be reached by forest roads accessible by standard pickup or van, weather permitting, during the normal operating season. Access roads and work areas will likely be snow covered during a portion of the winter and spring. Access roads may occasionally be partially or completely blocked by logs, rocks or other debris. The Forest Service assumes no obligation to plow snow or do special maintenance to keep roads open. Some walk-ins of up to one (1) mile may be required. Walk-ins as we know them (not all are verified) are noted on the Detailed Unit Summary Sheet.

The Detailed Unit Summary Sheet is provided as an informational attachment only. At the time of bidding, it is fairly close to what will actually be required, but is currently only an estimate and is subject to change.

The units will generally be plantations ranging in age from 15 to 50 years old. Pre-treatment stocking of both conifers and brush may be quite variable both within and between units.

Some units may have multiple treatments such as thinning and release, pruning, and fuels work. It is anticipated that all areas being thinned and released shall receive one of three types of slash treatment; hand piling and covering, lopping and scattering, or chipping. However, this will not necessarily be the case on all units. Of the three, hand piling and covering will cover the greatest area and chipping will cover the least.

Pruning may be done for removing lower limbs for tree health or wood quality, and/or for removal of ladder fuels. Pruning for tree health will likely be only on five-needle pines. Other pruning will likely be on all species in a designated area. These treatments may fall under different bid items. Other units may have pruning, or slash work.

Also for information, thinning, release, and pruning in stands without any pine are generally scheduled for an average 18‘ x 18‘ spacing which leaves about 135 trees per acre (TPA). Pines mixed in are to be left at an average of 22‘ x 22‘ spacing. In a pure stand, this would leave about 90 TPA. It is anticipated that most units will have a species mix that will range anywhere between these two pure extremes, both within and between units. In a mixed stand, the 5 needle pines needing pruning may number quite a few less.

Also for information, any chipping to be done will be scheduled in acres of treatment, and bids will need to be on an acre basis. A 50 foot strip on one side of a road equals about 6.1 acres per mile.

Unit boundaries may not be completely flagged. They will often follow roads or an existing timber type break that is readily identifiable both on aerial photos and on the ground. The Contractor may be required to flag portions of boundaries for the crew, based on aerial photos, maps, or description such as ―retain a no-cut buffer of xx feet from edge of stream‖. It is preferred that the Contractor use bright pink or pink-glo ribbon for this.

There may be portions of units such as dry or wet meadows, or other wet areas that may have modified cutting specs (usually with less work required) or excluded from work altogether. These may be designated either by flagging or description.

Work may proceed when units are covered by up to one foot of snow. However, units being snow covered shall in no way be considered an excuse for poor quality work including leaving high stumps and low live limbs, or unpiled slash meeting piling size requirements.

C-3 TECHNICAL SPECIFICATIONS FOR PRECOMMERCIAL THINNING AND RELEASE

Individual bid items will include both precommercial thinning and release.

Specifically, do not thin, release, prune, or hand pile within sixty (60) feet any perennial stream. This area is called the Primary Shade Management Zone and is require to be protected from any canopy removal.

There may be portions of units such as dry or wet meadows, or other wet areas that may have modified cutting specs (usually with less work required), or excluded from work altogether. These may be designated either by flagging or description as specified by the COR.

A. Selection of Leave Trees

The maximum DBH cut limit shall be 7.0 inches unless otherwise specified on the maps and Data Sheets.

1. Leave all conifer and hardwood trees that exceed maximum DBH cut limit specified in the Data sheets.

Conifers and hardwoods over the listed maximum cut limit shall be counted when determining proper spacing of leave trees unless otherwise noted on the unit maps and Data sheets.

2. Hardwoods may be managed as commercial species on specified units (see maps and Detailed Unit Summary

Sheets).

DO NOT cut Pacific yew. See penalty terms under Basis of Payment in section G. See Exhibit 3 for drawing of yew foliage.

3. Leave trees shall generally be those of tallest height, largest crown, and straightest stems that are free of damage due to insects, disease, physical, or mechanical causes. The Contractor shall select leave trees in the following priorities:

a. Leave all conifer trees which exceed maximum DBH cut limit specified in the Detailed Unit Information sheet(s). The exception to this is snags that present a hazard to work around may be cut down. Snags that do not present a safety hazard shall be left standing. The contractor may also leave all conifers less than 2 feet tall.

b. If no healthy undamaged tree exists at the required spacing interval, leave a tree with minor damage.

c. If no healthy tree with minor damage exists, a hardwood may be selected as a leave tree.

d. The default species preference for leave trees shall be as follows:

1. For units where the most common species is Douglas-fir (DF) : Western white pine (WWP), Sugar pine

(SP), Ponderosa pine (PP), Douglas-fir (DF), Incense cedar (IC), White fir (WF) and Western hemlock (WH).

2. For units where the most common species is Ponderosa Pine (PP) : Western White Pine (WWP), Sugar Pine

(SP), Douglas-fir (DF), Incense cedar (IC), Ponderosa Pine (PP), White fir (WF) and Western hemlock (WH).

These may be altered on a unit-by-unit basis at the discretion of the COR.

4. A diseased or damaged tree with the following characteristics may be left:

a. Trees up to 1" DBH - No visible mistletoe.

b. Trees between 1" and 3" DBH - No visible mistletoe above the lower 1/3 of the live crown.

c. Trees between 3" and 5" DBH - No visible mistletoe in the upper 1/3 of the live crown.

d. Trees less than 50% girdled by animals or logging damage.

e. Trees with blister rust on lateral limbs only.

5. When selecting leave trees, the average spacing specified in the Data Sheets shall be followed. Under most stand conditions, it is desirable to keep the spacing variance within +/- 25%. However, in order to select the most desirable tree given the highly variable nature of some stands, the maximum allowable spacing variance is 50%. The number of leave trees per acre shall not be materially increased or decreased when spacing variation is necessary.

Where an 18 x 18 foot spacing is specified in this contract, the desirable 25% spacing variance is between 13.5 and 22.5 feet, and the maximum allowable 50% spacing variance is between 9 and 27 feet.

Where a 22 x 22 foot spacing is specified in this contract, the desirable 25% spacing variance is between 16.5 and 27.5 feet, and the maximum allowable 50% spacing variance is between 11 and 33 feet.

The Contractor should plan on all units in this contract having a mix of pines and other non-pine species. As such all species except pines will require one spacing and pines will require another spacing. Generally, where this situation exists, the pines will require a wider spacing. Where a pine leave tree is adjacent to a leave tree of another species, the spacing shall be determined by the pine.

B. Selection of Trees to be Released

The Contractor shall release selected conifer crop trees by cutting excess conifers over 2 feet in height and any brush or hardwood species which reach into the release cylinder except where specified in the unit summary sheet. All live specified vegetation shall be cut which is within, or could reach into a cylinder-shaped space centered around each crop tree (See Exhibit 1A, Release Specifications). This specifies a release cylinder of four (4) feet. At the discretion of the COR, where the ground line origin of the stem(s) of competing vegetation is outside the 4 foot radius, and the vegetation is not expected to overtop the selected conifer, the portion of that vegetation may be ―shaved‖ vertically back to the 4 foot radius. Where the vegetation is likely to or already has overtopped the selected tree, and is less that 7.0 inches dbh, the entire stem shall be cut at or below the specified stump height.

Released trees shall be kept from damage at all times, including severing, nicking the stem, cutting branches, touching or breaking by cut hardwoods or vegetation in the process of meeting specifications.

Unless otherwise specified by the COR, the maximum DBH to cut shall be 7.0 inches.

There may be a separate contract bid item where release only is specified without thinning.

C. Conifer Trees Not Needing Release

Unless otherwise specified, all conifer crop trees shall require release and all vegetation must be cut within the 4 feet radius release cylinder as shown in Exhibit 1A.

D. Cutting Methods

1. Stump Height

All trees and vegetation other than leave trees shall be cut below the lowest live limb, except when prevented by natural obstacles; in which case any live limbs below the cutting point shall be removed except low live limbs which are less than 2" from the ground surface measured directly from ground to limb. Trees shall be completely severed from the stump. Stump height shall not exceed 6 inches above ground level or natural obstacles. Low live limbs, which are covered with dirt or duff adjacent to the bole of the tree, shall be cut where they emerge from dirt or duff.

2. Felling

Cut trees shall be felled away from unit boundaries, roads, telephone lines, established livestock and game trails, stock driveways, fence lines, established land corners, private property lines, and stream buffers. Any trees falling on such areas shall be removed as specified elsewhere herein.

3. Hang-Ups

All thinning slash shall be placed on or near the ground surface, so that it will not lean against or be suspended by an uncut tree, and interfere with the form, stem position, or affect the growth of crop trees.

C-4 TECHNICAL SPECIFICATIONS FOR PRUNING IN CONJUNCTION WITH THINNING AND

RELEASE, OR PRUNING DONE AS AN INDEPENDENT OPERATION

A. Areas to be Pruned

Depending on the specific unit, pruning may be done only on specific species, or on all selected leave trees. In addition, pruning may be done over the entire unit, or just in specific areas such as a strip along open roads or private property boundaries. Pruning may be for the purpose of improving timber quality in the main boles, for tree health, or for removing ladder fuels.

Specifically, do not thin, release, prune, or hand pile within sixty (60) feet any perennial stream. This area is called the Primary Shade Management Zone and is require to be protected from any canopy removal.

There may be portions of units such as dry or wet meadows, or other wet areas that may have modified cutting specs (usually with less work required), or excluded from work altogether. These may be designated either by flagging or description as specified by the COR.

B. Selection of Trees to be Pruned

1. Trees to be pruned shall be selected by the Contractor, except that the Government may mark individual trees or specify certain trees by description in the Unit Data Sheet.

Where pruning is done in conjunction with thinning and release, trees to be pruned should be selected from the selected leave trees after the thinning is done.

2. Where pruning is done as an independent operation – generally for tree health or wood quality

Trees to be pruned shall generally be those of the tallest height, largest crown, and straightest stems that are free of damage due to insects, disease, physical, or mechanical causes. The contractor shall select trees in the following priorities:

a. Species on order of preference unless otherwise specified on the Data Sheets. Some items may specify pruning only the five needle pines.

Sugar pine, White pine, Douglas-fir, Ponderosa pine

These are the only tree species to be pruned.

b. Spacing may be varied up to 25 percent to select the most desirable tree. Spacing control, using the original guides, (C-5.A.5) shall be maintained whenever possible. The number of pruned trees per acre shall not be materially increased or decreased.

c. If no healthy undamaged tree exists at the required spacing interval, prune a tree with minor damage to the specified pruning height.

d. If a crook occurs within the upper or lower one-quarter of the specified pruning height the tree will be pruned to the total specified pruning height if no other acceptable tree is available.

e. If no healthy, undamaged tree is available, prune the next best tree to 75 percent of the specified pruning height.

f. Double-trunk trees shall be left un-pruned if a suitable adjacent crop tree can be selected and pruned. However, spacing control, using the original guides, shall be maintained wherever possible.

g. Where an opening occurs (see Definitions) spacing shall be reduced to one-half the average spacing specified, between those trees on the perimeter of the opening only.

C. Pruning Methods – for all purposes

1. Pruning Height – See Exhibit 6 for Pruning Diagram

a. Trees over 24 feet tall selected for pruning for the purpose of tree health or wood quality shall be pruned to a height of 12 feet at the trunk.

b. Trees over 24 feet tall selected for pruning for the purpose of removing ladder fuels shall be pruned to a height of 12 feet at the outer tips of the lowest remaining branches.

c. For trees less than 24 feet tall, the pruning height measured on the trunk will not exceed one-half the tree height.

d. Pruning height will be determined from the uphill side of the tree.

2. Removal of Live and Dead Limbs - All live and dead limbs shall be completely severed from the tree as close to the bole as possible without cutting into the branch collar. Leave approximately one-quarter inch of the branch beyond the branch collar (see Exhibit 2). Branches shall be cut cleanly with no rough stubs left. Pruning may be done with loppers or handsaws. Axes and Pulaski‘s shall not be used for pruning at all. Chain saws and power pruners may be used in areas being pruned to remove ladder fuels.

3. Climbing Spurs - Climbing Spurs are not allowed.

4. Damage Prevention - Pruned trees shall be kept from damage at all times, including severing, nicking the stem, cutting branches, touching or breaking by cut hardwoods or vegetation in the process of meeting specifications.

C-5 GENERAL TECHNICAL SPECIFICATIONS FOR SLASH TREATMENT IN CONJUNCTION WITH

PRECOMMERCIAL THINNING, RELEASE, AND PRUNING

A. Basic Scope of Work

It is anticipated that all areas being thinned and released shall receive one of three types of slash treatment; hand piling and covering, lopping and scattering, or chipping. Of the three, hand piling and covering will cover the greatest area and chipping will cover the least. Where chipping is done, it will be in a strip approximately 50 feet wide along open roads.

B. Work Progress of Slash Treatment

All slash treatment shall be completed and accepted prior to subitem (unit) payment, and shall be completed in conjunction with the thinning, release, or pruning operation at each subitem.

Handling of slash during thinning, release, pruning, and slash operations shall be done in such a manner that no traffic, public access, or logging will be restricted.

Slash left on any road surface or in ditches will result in a 1% reduction from the total dollar amount of the subitem involved. Any such deduction will be documented in a work order. For designated slash cleanup measurement points, see Exhibit 5.

C. Road Pullback (Thinning, Release, and Pruning) (Exhibit 5)

All driveable road surfaces, drainage ditches, and cutbanks shall be cleared of slash to a distance of 12 feet horizontal distance. Slash treatment boundaries shall be measured from the center of the ditch and hinge point of the road, measured on a horizontal plane. Contractor shall be responsible for these measurements. Slash removed from the pullback areas and scattered shall not exceed a depth of 4 feet measured from ground surface.

All pulled back slash is to be left only on unit side of road where the unit is only on one side.

D. Alternate Slash Treatment

Where piling and covering of slash is done in conjunction with thinning and release and pruning, the specifications in section C-8 also apply and take precedent to sub-section C of this section. Where lopping and scattering of slash is done in conjunction with thinning and release and pruning, the specifications in section C-

9 also apply and take precedent to sub-section C of this section. Where chipping of slash is done in conjunction with thinning and release and pruning, the specifications in section C-10 also apply and take precedent to sub-section C of this section.

C-6 TECHNICAL SPECIFICATIONS FOR HAND PILING AND COVERING

A. These specifications apply to designated slash created in both silvicultural and fuel break units. The designated slash may be newly created by the present silvicultural or fuel break projects, or may be older residual slash from previous projects as designated by the COR.

B. Slash to be Hand Piled – Hand pile all cut trees, bole pieces, and limbs greater than one (1) inch in diameter, up to and including four (4) inches in diameter on the large end, and having a minimum length of four (4) feet.

The boles of larger trees may be bucked at the 4 inch diameter point. The bole pieces over 4 inches diameter may be left full length. Longer pieces under 4 inches diameter may not be bucked to under 4 feet length to avoid needing to be piled.

C. Construction and Size of Hand piles – Unless otherwise approved by the COR, all piles shall be constructed as follows:

1. Construction: Piles shall be constructed by compactly aligning individual pieces in the same direction and placing the heavier slash on top. The term compactly generally implies the need to cut most limbs off of tree stems in a manner that the material can lay flat without creating hollow pockets within a pile. Piles shall have a stable base to prevent toppling, and the long axis of individual pieces shall be oriented up and down the slope.

Noncombustible material shall not be mixed with slash. Upwardly protruding pieces shall be trimmed to allow covering in a manner that permits the piles to shed water. Hand piles shall enclose a core of kindling at least twelve (12) inches high, eighteen (18) inches wide and twenty-four (24) inches long, composed of needles, limbs, branches, and damaged brush less than one (1) inch in diameter. The remaining bole pieces over 4 inches diameter generally should not be placed in or on piles, and should not have piles build on or close enough to them that they might burn.

2. Size: Piles shall be of size practicable to burn with minimum damage to Forest values and any improvements designated for protection. Length, and/or width, and/or diameter of piles shall not exceed seven (7) feet nor be less than three (3) feet. Longer pieces extending beyond 7 feet shall be bucked off and incorporated into the pile. Height of pile shall be at least three (3) feet but not more than five (5) feet.

D. Location of Hand piles – Piles shall be located at least seven (7) feet from the base of live trees. In thinning, release, and pruning units where spacing of the residuals does not allow this, locate the piles as close to the middle of the existing open spaces as possible. As an alternative, at the discretion of the COR, piles may be located closer to the smallest or poorest quality tree surrounding the pile in order to stay the full 7 feet away from the other trees. Piles shall not be placed on or in close proximity to stumps or down logs, or where they could cause fire to spread when piles are burned. Piles shall not be located on road surfaces, cut banks or ditch lines, or within sixty (60) feet of perennial streams, unless approved by the COR. This 60 foot area is considered the Primary Shade Zone. Any material that falls into this zone should either pulled back out for piling outside the zone, or just lopped and scattered. Piles shall be located a minimum of fifteen (15) feet away from unit boundaries.

E. Covering of Piles

1. Covering Material: All piles shall be covered with black polyethylene plastic 0.005 inch (5 mil) thick or its equivalent supplied by contractor. Substitutions shall be submitted in advance for review.

2. Method of Covering: Covering shall be placed on top of pile and weighted down with combustible material.

The entire top of the pile will be covered. Piles shall be covered with covering extending one-half of the way down the sides. All protruding pieces shall be bucked off and placed on piles.

F. Wrapping material and cardboard cores from plastic rolls shall not be left on the site except as incorporated into piles such that they will burn with the piles.

G. Burning of Piles – Burning will be by others. Burning is not included in this contract.

C-7 TECHNICAL SPECIFICATIONS FOR LOPPING AND SCATTERING

Cut limbs from stems of cut trees. Move, buck, and rearrange slash concentrations as needed to reduce the fuel bed height to less than two (2) feet. Bole pieces shall be limbed sufficiently that the piece will lay within one

(1) foot of the ground for its entire length.

C-8 TECHNICAL SPECIFICATIONS FOR MECHANICAL CHIPPING

A. These specifications apply to designated slash created in both silvicultural and fuel break units. The designated slash may be newly created by the present silvicultural or fuel break projects, or may be older residual slash from previous projects as designated by the COR.

B. Contractor shall supply a mechanical brush type chipper capable of handling slash up to eight (8) inches in diameter.

C. All driveable road surfaces, drainage ditches, and cut banks shall be cleared of all slash to a distance of 12 feet horizontal distance. Slash treatment boundaries shall be measured from the center of the ditch and hinge point of the road, measured on a horizontal plane. Contractor shall be responsible for these measurements. See

Exhibit 5 illustrating the locations of the ditch center and hinge point. The actual area to be chipped will be specified in the Detailed Unit Sheet. It will likely extend 50 feet from the hinge point of the road.

D. When a piece of slash extends from outside the chipping area into the chipping area, the entire piece shall be chipped up to the maximum diameter.

E. Chips shall be blown on the treatment side of the road unless approved by the COR. An exception might be where there is a high bank that would prevent compliance with section F below.

F. Chips shall be blown away from the road beyond the hinge point and upper margin of the ditch line. Chips shall not be allowed to remain within the ditch line.

C-9 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E-2 CONTRACTOR QUALITY ASSURANCE

The Contractor shall assure that all work conforms to the technical requirements of the contract.

The Contractor shall and make periodic assessments of the quality of work to assure completion is being accomplished at a high level. Quality control measures shall include as a minimum visual inspection of all work areas. Sample plots taken in the same manner as Government Inspection Procedures are highly recommended for assessment of performance quality.

The Contractor shall take suitable steps to correct deficiencies.

Contract work shall conform to the ―PERFORMANCE STANDARDS AND QUALITY ASSURANCE PLAN‖ set forth as an attachment under Section J herein.

E-3 SELF INSPECTION

Some types of work will require contractor self inspection with Government verification. These include

Precommercial Thinning and Release, and Pruning done in conjunction with these activities. Requirements for this are stated in sections E-3 through E-8.

E-4 CONTRACTOR INSPECTOR

The Contractor shall provide an inspector with evidence of at least one year of experience thinning trees for the

Forest Service and adequately trained in the required inspection procedures. Inspectors shall be capable of demonstrating proficiency in the inspection procedures.

E-5 CONTRACTOR INSPECTION PROCEDURES – PRECOMMERCIAL THINNING AND RELEASE

and

PRUNING DONE OVER MOST OR ALL OF A UNIT IN CONJUNCTION WITH THINNING AND

RELEASE OR AS AN INDEPENDENT OPERATION

The Contractor shall inspect his own work, using the inspection procedures herein. Inspection shall require a series of 1/20th acre circular plots, with slope corrections, distributed over the entire subitem sufficient in number to yield at least the following:

ACRES IN SUBITEM NUMBER OF PLOTS GRID SPACING – CHAINS / FEET

1-10 1 per acre 3 chains x 3 chains / 200‘ x 200‘

11 or more 1 per 2 acres 4.5 chains x 4.5 chains / 300‘ x 300‘

A 1/20 th acre plot will have a radius of approximately 26.3 feet on level ground, and will likely have 5-7 leave trees where they are with the desired spacing range. Inspection plots shall be located on a systematic grid basis.

On subitems larger than 10 acres, the plot grid shall be approximately 4.5 chains by 4.5 chains (300' x 300'). On subitems of 10 acres or less, the plot grid shall be approximately 3 chains by 3 chains (200'x200'). The route between plots shall be flagged with colored flagging at points such that the flagging is intervisible to facilitate relocation of plots. All plots shall be located so that they fall entirely within the thinning unit without overlapping the boundary.

A. All plot centers shall be marked on the ground with Orange-glo plastic flagging and by tying a plastic ribbon

(with the plot number marked on it with permanent ink or grease pencil) on the nearest bush or other object at least four (4) feet above ground level. Plot locations shall be systematically located on a unit map, and numbered to correspond with the plot cards. Unit maps may be hand drawn to represent the same shape as on the aerial photos and show the basic location of roads. Maps shall be submitted to the COR or Inspector along with the completed plot cards.

B. Initial inspections shall consist of a 100 percent visual inspection and shall be based on adherence to the contract specifications.

C. Contractor shall complete hot inspections where reasonably possible (see Definitions). Where a unit will have pruning done in conjunction with thinning and release, the plot inspection for all treatments may be done all at once as a hot inspection of the last treatment. Inspection results for pruning shall be recorded separately from those for thinning and release. The same type of plot cards shall be used for pruning inspection.

E-5 Subpart A - CONTRACTOR INSPECTION PROCEDURES – PRECOMMERCIAL THINNING

AND RELEASE

1. Each plot will be examined and the findings recorded as listed below.

a. The number of trees that should have been left.

b. The number of trees that were left.

c. The number of satisfactory leave trees.

d. The number of deficient trees.

e. The number of excess trees.

2. Other Deductions - The following list describes several of the most common examples of non-compliance, and how they should be recorded on the thinning inspection form.

a. High stumps shall be recorded as an excess tree and noted as such under remarks on the thinning inspection form.

b. Trees not completely severed from the stump shall be recorded as an excess tree and noted as such under remarks on the thinning inspection form.

c. Poor Choice - Any tree cut that was not selected according to the technical specifications shall be recorded as a deficient tree.

d. Release cylinder – Any shrubs left uncut within the specified release radius

e. Slash Depth - Any cut tree within an area that does not comply with slash treatment specification shall be recorded as a deficient tree.

f. Damaged Crop Tree - Any leave tree damaged during the thinning or release operation shall be recorded as a

g. Hang-ups - When thinning or release slash leans against, or are suspended by a leave tree, that shall be recorded as a deficient tree.

h. Low Live Limbs - Any cut tree that has live limbs more than 2" above the ground surface at the stump shall be recorded as a deficient tree.

i. Slash Pull Back - Unit will not be accepted until complete.

2. Calculation of Quality Percentage

Upon completion of all plots for the item, the quality of thinning or release shall be calculated as follows:

Quality % = 1 - no. of deficient trees {D} + no. of excess trees {E} X 100

no. of trees that should have been left {L}

[ Q% = 1 - (D+E) / L) x 100 ]

Percentage of quality as calculated shall be rounded to the nearest 1/10 percent.

The following deduction will be made:

Improper tree selection one tree

Improper spacing (excess tree) one tree

Damaged crop tree one tree

Uncut release cylinder one tree

Low live limbs one-third tree

High stumps one-third tree

Hang-ups one-third tree

E-5 Subpart B - CONTRACTOR INSPECTION PROCEDURES – PRUNING DONE OVER MOST OR

ALL OF A UNIT IN CONJUNCTION WITH THINNING AND RELEASE OR AS AN INDEPENDENT

OPERATION

The plot frequency and spacing shall be the same as for precommercial thinning and release as stated above.

1. Each plot will be examined and the findings recorded as listed below:

a. Number of pruned trees that should have been pruned.

b. Number of pruned trees that were pruned.

c. Number of satisfactory pruned trees.

d. Number of deficient trees.

e. Other Deductions – The following list describes several of the most common examples of non-compliance, and how they should be recorded on the inspection form.

1. Operational damage as defined in the definitions section shall be recorded as a deficient tree.

2. Pruning height not to specified height or not all live and dead limbs severed from the bole of selected tree shall be recorded as a deficient tree.

3. Live and dead limbs not removed to pruning method specifications shall be recorded as a deficient tree.

4. Any tree pruned, which was not selected according to the selection of trees specifications, shall be recorded as a

5. Spacing of pruned trees does not provide the desired number of pruned trees per acre shall be recorded as a

2. Calculation of Quality Percentage – Upon completion of all plots for the item, the quality of pruning shall be calculated as follows:

Number of pruned trees that should have been left

The following deductions will be made:

1. Improper tree selection 1 tree

2. Improper spacing 1 tree

3. Improper pruning heights 1 tree

4. Operational damage 1/2 tree

5. Missed limbs 1/3 tree

6. Stub length too long or short 1/3 tree

1.00 – No. of deficient trees X 100 = Quality %

No. of trees that should have been pruned

Percentage of quality as calculated shall be rounded to the nearest 1/10 percent.

E-5 Subpart C - CONTRACTOR INSPECTION PROCEDURES – PRUNING DONE IN A STRIP

ALONG A ROAD OR BOUNDARY OF A UNIT IN CONJUNCTION WITH THINNING AND

RELEASE

Acceptance will be determined by a 100 percent visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Technical Specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

E-6 INSPECTION RESULTS – PRECOMMERCIAL THINNING, RELEASE, AND PRUNING

A. Inspection results shall be recorded on official USDA Forest Service Thinning Inspection Report cards, form number R6-2470-117a or the newer equivalent (Government-furnished). Complete plot cards and submit to the

Contracting Officer's Representative or Inspector within 2 days after completion of inspection of each subitem

(unit). The header items that need to be filled out are as follows: Forest, Ranger District, Inspector, % Sample written as 1/20 ac., Date, Contractor, Total Acres, Initial or Rework checked. In addition, the unit‘s sale name and number, and the type of work (thinning and release or pruning) shall be written at the top of the card. The columns used for calculating quality shall be totaled and recorded below the last plot line, skipping a line.

The reason for any deficiencies shall be noted in the remarks space for that plot.

At submission, the plot cards and unit maps shall neat, clean and legible. The quality percentage shall be calculated following the appropriate formula above in E-5 Subpart A.2 or E-5 Subpart B.2, and written on the plot card, recorded to the nearest 1/10 percent.

B. By submission of completed plot cards and maps to the Government, the Contractor is considered to be certifying that the subitem is:

1. Satisfactorily completed in accordance with contract requirements, and

2. Plot cards reflect work accomplished.

C. In the event the Contractor falsifies inspection results, the Government may terminate the contract for default.

E-7 UNSATISFACTORY PRECOMMERCIAL THINNING, RELEASE, AND PRUNING

A. If the initial percentage of thinning, release, or pruning quality, for any subitem, or portion thereof, falls below

85 percent, and the deficiency is correctable, the Contractor shall rework the subitem in order to achieve a higher quality percentage. Following completion of rework, a new inspection shall be made by the contractor.

Payment will be based on the new inspection as per Sections E-8 and G-9.

B. Repeated failure to perform work at or above 85 percent acceptable thinning, release, or pruning will also be considered reason for contract termination and default action.

E-8 GOVERNMENT VERIFICATION – PRECOMMERCIAL THINNING, RELEASE AND PRUNING

The Government will conduct verification inspections of thinning, release and pruning to determine compliance with specifications. Each subitem (unit) will be verified separately and inspection results on one subitem will not be averaged with those of other subitems. Government inspections may be formal or informal and are not to be used as a substitute for Contractor self inspection. When less formal inspection fails to support the

Contractor‘s inspection results, a full formal inspection may be done. If a Government full sample verification inspection results in a quality differing by more than 5 percentage points from the contractor‘s inspection results, the government‘s inspection will be used for payment.

Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive. The Contractor, or a Designated Representative, is encouraged to observe verification inspections while they are underway.

A. Verification inspections may be done concurrently with the Contractor‘s work but generally will be done after receipt of Contractor's initial inspection results.

B. Inspection results used for payment will be determined as specified elsewhere herein.

E-9 GOVERNMENT INSPECTION PROCEDURE FOR SLASH TREATMENT WHERE PILING IS NOT

REQUIRED, I.E. LOP AND SCATTER AND PULLBACK ALONG ROADS

Acceptance will be determined by a 100 percent visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Technical Specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up

E-10 GOVERNMENT INSPECTION PROCEDURE FOR PILING AND COVERING

Acceptance will be determined by a 100 percent visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Technical Specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up

E-11 GOVERNMENT INSPECTION PROCEDURE FOR CHIPPING

Acceptance will be determined by a 100 percent visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Technical Specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up

E-12 REWORK AND REINSPECTION AFTER REWORK

If rework of any phase of this project is required, it will be at the expense of the Contractor and no time adjustments will be allowed. The Contractor will be allowed to rework a unit only once, unless otherwise approved by the Contracting Officer. The Contractor will pay for all Government inspections costs resultant from the rework. Inspections after rework will be made in the same manner as the original inspection.

E-13 REINSPECTION UPON CONTRACTOR REQUEST

If the original inspection results are unacceptable to the Contractor and a second inspection is requested without rework, the same inspection procedures will be used, however, the inspection pattern will be shifted. If the second inspection shows less than 5 percent variance from the first inspection, the Contractor shall pay the cost of the second inspection, and the result of the first inspection will be used in determining payment. If the reinspection shows a variance of more than 5 percent from the prior inspection, the results of the reinspection will be used. Requests for reinspection must be made in writing.

E-14 ACCEPTANCE

Authority for final acceptance under the contract lies with the Contracting Officer. Final acceptance occurs when the Contracting Officer formally notifies the Contractor in writing.

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from date of award through December 31, 2010.

F-3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

A prework meeting will be held prior to start of work. The Contracting Officer or COR will contact the

Contractor to establish a date, time, and location for this meeting. Expect that this meeting will be held at the

Tiller Ranger Station in Tiller, Oregon.

At the prework conference, the parties may develop a written work progress plan providing for the orderly completion of the work within the contract time, discuss the contract terms, work performance requirements, and the Contractor's plans for conducting the work.

The Contractor shall be required to (a) commence work under this contract within three (3) calendar days after the effective date of the notice to proceed, (b) prosecute the work diligently, and (c) complete the work within times stated below. The time stated for completion includes final cleanup of the premises. The Contractor shall maintain progress at a rate which will assure completion within the contract time indicated below. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each bid item by contract time specified below, or as established by the approved progress schedule.

Work days are defined as Monday through Friday. Work may be performed on Saturdays and Sundays at the discretion of the Contracting Officer‘s Representative, but these days will not be counted as contract time, and will likely not be a Government representative available to discuss issues.

This contract will have approximately 370 to 395 acres of precommercial thinning and release, approximately

370 to 395 acres of the combination of hand piling and covering, and lopping and scattering. It is also estimated there will be approximately 7 to 13 acres of roadside pruning of ladder fuels, for a total of approximately 750 to

800 acres of work. Precommercial thinning and release, hand piling and covering, lopping and scattering, and pruning will all be four separate bid items and counted separately even though they will often overlap one another on the ground.

If the Contractor fails to prosecute this contract as required herein, the COR may issue a partial suspend work order until the Contractor complies with the contract. Under these circumstances, no work will be allowed on the project except that necessary to correct the stated deficiencies. When the necessary corrections have been made, the COR will issue a resume work order and the regular prosecution of the work shall resume. Such suspensions shall normally not include suspension of the performance period time and shall not be construed as suspensions for the convenience of the Government.

If the Contractor's progress falls behind the Work Progress Schedule for more than twenty (20) percent of the item acreage, the Contractor's right to proceed may be terminated if satisfactory quality or progress is not attained within the time specified in a written cure notice. Such notice may be in the form of a Work Order and may allow no more than two (2) working days for corrective action to be completed.

Performance periods for additional items will be shown within the contract modification for those items.

F-4 INTERRUPTION OF WORK

The count of work days to be charged against contract time shall begin on the day established by the Notice to

Proceed and shall continue through the date of completion as determined at the final inspection.

The Contractor shall prosecute the work at a rate that will result in completion of all work within the time specified.

The contract performance period has been established as a number of full work days with favorable working conditions for the type of work required. In addition to these work days, the Contractor should expect to experience and make allowances for a variety of delays that normally occur throughout the estimated work period. These delays may include the following or other similar delays:

1. inclement weather

2. adverse road conditions or other adverse access conditions

3. fire closures

4. seasonal shutdowns

5. other Contractors working in the area

6. critical plant development or related environmental conditions necessary to meet the intent of the contract

7. conditions where continued work could cause harm to forest resources

Work may proceed when units are covered by up to one foot of snow. However, units being snow covered shall in no way be considered an excuse for poor quality work including leaving high stumps and low live limbs, or un-piled slash meeting piling size requirements.

These are normal conditions that may limit actual on-the-ground performance. Any suspensions of work for these types of conditions, whether work is formally suspended in writing or not, shall not be construed as suspensions for the convenience of the Government.

Each day in which there are 8 continuous daylight hours where work conditions are favorable (reasonable and normal working conditions not unduly inhibited by any of the above cited delay factors) will be counted as a work day. Days of less than 8 continuous hours but more than 4 continuous hours will be counted as a half day of contract time. Contract time will not be counted for days where less than 4 continuous daylight hours are favorable for work.

Contract time will not be formally suspended in writing by the COR unless the Contractor fails to suspend their own operations under unfavorable conditions where continued working could cause harm to the completion of the contract intent or harm to other forest resources.

When the Contractor determines that favorable working conditions do not exist, the Contractor shall document such conditions and discuss them with the COR. Any differences shall be reconciled weekly or the

Government's count of contract time will be used. Any failure to reconcile contract time shall be brought to the attention of the Contracting Officer by the Contractor.

Notwithstanding the above, any day in which the Contractor elects to work shall be construed as a day…