Offerors copy - Contractor keep.doc

SOLICITATION, OFFER AND AWARD

UNDER DPAS (15 CFR 700)

FORMCHECKBOX

NEGOTIATED (RFP)

8. ADDRESS OFFER TO (If other than Item 7)

North East Acquisition Team 4 Farm Colony Drive, Warren, PA 16365 Same as block 7 (no email or faxed offers)

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

SOLICITATION

(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.

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

x

OTHER STATEMENTS OF OFFERORS

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.

(See Section I, Clause No. 52-232-8)

(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

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

10 U.S.C. 2304 (c) (

FORMCHECKBOX

41 U.S.C. 253(c) (

Melissa Conn

(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)

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BASE PERIOD: 10/1/2009 – 09/30/2010 &

OPTION YEAR 1: 10/1/2010 –09/30/2011

Quantity Unit

Price

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Individual Tree (CTM)

Individual Tree (CTM)

Individual Tree (CTM)

Group Selection (CTM)

Group Selection (CTM)

Group Selection (CTM)

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Individual Tree (CTM)

Individual Tree (CTM)

Individual Tree (CTM)

Group Selection (CTM)

Group Selection (CTM)

Group Selection (CTM)

OPTION YEAR 2: 10/1/2011 – 9/30/2012,

Quantity Unit

Price

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Individual Tree (CTM)

Individual Tree (CTM)

Individual Tree (CTM)

Group Selection (CTM)

Group Selection (CTM)

Group Selection (CTM)

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Clear Cut & Overstory Removal

Individual Tree (CTM)

Individual Tree (CTM)

Individual Tree (CTM)

Group Selection (CTM)

Group Selection (CTM)

Group Selection (CTM)

BIDDERS NOTES

1. Two contract awards will be made for this solicitation, one for the West Side and one for the East Side. Award will not be made to the same bidder for both contracts. Pricing must be provided for each entire item. For example, if you’re only interested in being awarded the work on the West Side, you must provide pricing for items 1-A through 1-I for all years. You would write “no bid” in the total blocks for the East Side items (2-A through 2-I). If you wish, you can submit bids for both Items (sides) but you can only be awarded one of them.

2. A technical evaluation package is required with your offer. See Section L for preparation instructions. Bids will be evaluated as described in Section M.

3. This will be an indefinite quantity/ indefinite delivery (IDIQ) contract. Actual work will be issued through the use of task orders during the life of the contract. Location, type of marking, and number of acres will be identified on each individual task order. The quantities shown in the schedule above allow for different pricing depending on the size of the task order. For example, a task order for 1,200 acres of individual tree marking on the east side in the base period would be priced at the amount shown by the successful offeror in Item 2F.

4. In order to receive award, contractor shall be registered in www.ccr.gov and https://orca.bpn.gov.

5. We expect the first task order to be issued in September 2009 and the approximate acres will be 400-800 acres on the West Side and 500-900 acres on the East Side. (If funding is available) AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000, but not in excess of $300,000.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 - SCOPE OF CONTRACT

This contract is for timber marking as directed by USFS harvest prescription (provided), tallying, and locating sample trees on the White Mountain National Forest. The Contractor shall furnish all labor, materials, supplies, equipment, tools, instruments, transportation and professional services, except that listed as Government Furnished Property (GFP).

120 - PRICING OF TASK ORDERS

121 - All Task Order shall be for a firm fixed price. Task Orders shall be for a pre priced item as shown in the Schedule of Items, numbers 1A-2I.

130 - ISSUING TASK ORDERS.

131 – Timber marking services shall be procured under the contract through the issuance of task orders. All task orders are subject to the terms and conditions of this contract. In the event of conflict between the task order and this contract, the contract shall control. If mailed, a task order is considered "issued" when the government deposits the order in the mail.

132 - The Government will issue written task orders. Task orders for a project will contain a firm fixed amount that will be the total compensation for that project. This amount shall not be changed unless the requirements of the project are changed, and then only if the Contracting Officer signs prior written modification. Each task order shall include, at a minimum, all of the following information:

1. The contract number.

2. Task order number.

3. Authorized signature of a warranted Contracting Officer

4. Detailed description of the task or service to be performed.

5. Firm fixed price for the project.

6. Detailed description of required submittals, including due dates and exhibits, if appropriate.

7. Map or other adequate description of the project location.

8. Designation of Government’s Representative Contracting Officers Representative (COR).

9. Government-furnished property provided (if applicable).

140 - TASK ORDER AMENDMENTS

Any change to a task order will be made in writing on form SF 30, Amendment of Solicitation/Modification of Contract. Task order amendments will be issued only by the Contracting Officer and shall be identified as an amendment of a specific task order.

150 - LOCATION OF PROJECT AREAS

151 - All timber marking services provided shall be performed within the general area of the White Mountain National Forest. Work will be performed at the project site, the Contractor's office and some work may be performed at a Forest Service Office.

152 - With agreement of both parties, other National Forests in the Northeastern United States may utilize this contract.

153 - In general, the project areas are accessible by Forest, Town and/or State roads. In some cases, foot travel will be necessary. The Contractor will need to coordinate with the Contracting Officer’s Representative for gaining access behind locked gates. If use of Off-Road Vehicle becomes necessary for reasons agreed upon by both parties, requests must be made in writing to and approved by the Contracting Officer’s Representative. The use of any vehicles will be subject to conditions of the White Mountain National Forest Off-Road Vehicle Policy. A copy is available upon request.

160 - GOVERNMENT FURNISHED DATA/PROPERTY

The Government shall furnish to the Contractor the following listed materials, supplies, property, or services. All items listed below will be available at the time and place of the pre-work conference.

161 - Timber Sale product specifications. This item does not have to be returned to the Government.

162 - Timber Sale Tally Sheets for species and product groups (Exhibit C-1). All unused tally sheets shall be returned to the Government upon completion of the contract. Note: Timber sale volumes by product and species or species group will be determined from sample trees by the Forest Service.

163 – Written marking and silvicultural prescription list by harvest unit and acres (Exhibit C-5).

164 - Timber Sale Cruising Handbook, FSH 2409.12, Chapter 10 and Chapter 70. This item does not have to be returned to the Government.

165 – White Mountain National Forest Land and Resource Management Plan 2005 (cd set or paper copy). This item does not have to be returned to the Government.

166 - Copies of Administrative Maps and vicinity maps as needed. These items do not have to be returned to the Government.

167 - Aerial photos or copies, as needed. If aerial photos are lost or damaged the Contractor shall reimburse the Government at the rate of $ 10.00 (Ten Dollars) per photo damaged or lost.

168 - All marking paint necessary to complete the contract. Color Scheme will adhere to direction in Timber Sale Cruise Plan and the WMNF Timber Theft Prevention Plan, 2009.

a. BLUE paint for designating trees for harvest and recording cruise information on sample trees.

b. ORANGE paint for reserve tree designation

c. BLACK paint for making corrections.

169 - WMNF Timber Theft Prevention Plan, 2009.

170 – Marking Paint

All unused paint and empty paint cans shall be returned to the Government prior to final payment. Except for paint in use, Contractor shall keep all paint cans, including empties, locked in his vehicle or other secured container. Contractor's paint storage container(s) must be approved by the COR prior to its use.

171 - The Government will sign out the paint to the Contractor using a “Paint Sign-Out Form” that will be reviewed at the Pre-Work meeting (Exhibit C-4). The quantity signed out will be the estimated amount for a one week time period.

172 - Material Safety Data Sheets will be furnished with the Tree Marking Paint. The time and location for pick-up and return of paint cans (full and empty) will be at a time and location agreed to between the Contractor and the Government. At the time of pick-up or return there will be two Government representatives, in addition to the contractor, present. The contractor or designated contract representative will be required to verify and initial all pick-up and returns on the “Paint Sign-Out Form”.

173 - There will be strict accountability for all paint cans, regardless of amount of content or lack there of. The Contractor shall keep a the paint cans under LOCK & KEY, except for the paint being used or carried into the field to be used. A daily log shall be maintained by the Contractor to show paint usage and shall be provided to the Government upon request. The daily log will further include each batch number, color, location used (contract item number outlined under section B) and daily volume used.

174 - In the event any marking paint is lost the contractor will be required to notify the Government within 24 hours once aware of the loss and be required to spend addition time, at no cost to the government, securing the missing paint. For EACH paint can that is not returned, the contractor shall submit a written report describing in detail the circumstance which caused the misplacement of the paint can(s), along with security measures implemented in order to prevent further losses. In addition, the Contractor shall pay the Government price of a full can of paint, and the regular administrative costs, and a fine of $100 for each can that is not returned.

180 - Contractor-Furnished Property

The Contractor shall furnish all labor, supervision, equipment, transportation and supplies, except those designated as Government-furnished, to complete the contract.

181 - A Garmin model 60 CSx Global Positioning System (GPS) or another model approved by the Forest Service will be used to locate points of interest (POI), all sample trees, “track” daily marking progress and collect group center waypoints. An electronic copy of all collected GPS information will be turn in each week to the Government.

190 - Harvest unit and Reserve Area Boundaries

191 – Harvest unit Boundaries. The Forest Service has marked with orange paint all unit boundaries. Harvest unit boundaries are marked with two (2) or three (3) painted stripes. Exterior boundaries are marked with three (3) painted stripes, while adjacent, interior boundaries are painted with two (2) stripes. Striped boundary trees have also been stump marked with orange paint.

192 – Reserve Areas and Reserve Area Boundaries. Boundary trees along the perimeter of reserve areas have been marked by the Forest Service. These boundaries are identified by an orange two stripe and an “X” at dbh and an orange stump mark. Reserve area boundary trees have also been stump marked with orange paint. Neither boundary trees nor trees within the reserve area shall be designated for cutting.

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Quality Control Plan. The contractor shall prepare a quality control plan for this solicitation (See Section L for instructions). which outlines the planned steps for insuring compliance with this contract. At the pre-work meeting for each task order, a Plan of Work shall be submitted that addresses the schedule of work, plan for residual basal area checks in Cut Tree Mark units, checks to insure compliance with merchantability standards, and assurance that the silviculture prescription is met.

220 - Selecting Trees for Harvest

The Contractor shall select and mark trees for harvesting according to the general prescriptions and marking guides supplied for each harvest unit when delivery orders are issued. In order for a tree to be designated for harvest, it must meet minimum tree specifications including one minimum product. In addition to designating timber for harvest the contractor will randomly select & identify sample trees from the designated timber to be used towards creating an overall sale volume. See 271 “Selecting Sample Trees Specification” that outlines this process. Trees selected for harvest must be capable of being economically and safely felled. See “Minimum Product Specifications” (Exhibit C-7).

In each Harvest unit, trees shall be selected for harvest according to: (1) General Marking and (2) Stand Prescription Instructions (Exhibit C-5) as supplied for each harvest unit when delivery orders are issued.

221 –Table of Minimum Product Specifications. For a tree to be designated for harvest it must meet minimum tree specifications and include one minimum piece and be Commercial Tree Species; Commercial tree species are shown in (Exhibit C-3).

230 - Designating Trees for Harvest

231 – All timber designated for harvest will be marked with blue paint (issued by the Forest Service).

232 – Trees Prohibited from Marking Designation – Under no circumstances shall designated painted reserve trees, reserve areas, survey corner monuments (Bearing Trees) or Superior Trees (designated as a white ring around the tree bole generally at breast height) be designated for harvest.

233 - Cut Tree Mark (CTM) Harvest units include thinning, intermediate shelterwood harvest, individual tree selection, group selection, individual and group selection and improvement cut treatments. In CTM harvest units, trees to be harvested will be designated by the Contractor. A liberal amount of paint shall used to mark all trees as to ensure good paint visibility. Typically, this would mean two – three full sprays of paint on each side of designated tree & stump from a properly working marking gun. Those trees meeting minimum tree and piece specifications for sawtimber shall be designated with one slash (at least five inches in length) of paint above DBH (five to six feet) on the uphill side and another slash on the opposite side and two stump marks one of which must be a stump stripe on the low side of the tree extending up the bole to stump height. Place stump marks inside butt flanges whenever possible to protect from damage during felling and skidding. No paint shall be placed on moss. Moss and debris may be moved without damaging the tree. A liberal amount of paint shall be used on stump marks since these are very important and must be durable. Mark pulpwood trees with one paint dot above DBH (five to six feet) on the uphill side of the tree and one paint dot on the opposite side. All stump markings must be executed in the same fashion as described for sawtimber.

234 – Adherence to the Residual Basal Area Objective. The contractor shall use a 10 BAF (basal area factor) wedge prism, relaskop, or other equivalent optical instrument to insure residual basal area meets silviculture prescription objectives. Basal area checks shall be performed during the marking of harvest units.

235 - Cull trees that need to be felled to harvest merchantable trees shall be designated with an "X" painted at diameter at breast height on opposite sides of the tree and with a stump spot at least three inches in diameter placed inside the fluted portions of the butt as close to the ground as possible.

236 – Clearcut and Overstory Removal Units. All trees within the clear-cut boundary meeting minimum utilization standards will be designated for cutting except for painted reserve trees, reserve areas, survey corner monuments (Bearing Trees) or Superior Trees (designated as a white ring around the tree bole generally at breast height). Trees should be marked at breast height to keep track of trees tallied. No stumps marks are necessary, except within twenty-five feet along boundaries and designated reserve areas.

237 - The government reserves the right to reject/refuse contractor‘s equipment; if the equipment is in poor/moderate working order. In the event any equipment is rejected the contractor would replace or repair the equipment at no cost to the Government, which includes lost time as well.

240 – Documenting Locations of Points of Interest All sample trees, reserve trees and group centers shall be recorded with an averaged waypoint location of at least 30 seconds at an estimated accuracy less than 30 feet with a WAAS-enabled GPS. Points of unique features in the stand such as seeps, ledges and vernal pools shall be collected and noted using the same protocol.

250 - Designating Reserve Trees

The frequency, diameter and species of reserve trees is specified in the harvest prescription. All reserve trees shall be identified by a ring of orange paint at breast height and two orange stump marks one of which must be a stump stripe on the low side of the tree painted at ground level and extending up the bole to stump height. Place stump marks inside butt flanges whenever possible to protect from damage during felling and skidding. No paint shall be placed on moss. Moss and debris may be moved without damaging the tree. A liberal amount of paint shall be used on stump marks since these are very important and must be durable.

251 - Contractor shall record the reserve trees by species and diameter on the appropriate tally form (Exhibit C-6) for each harvest unit requiring reserve trees.

260 - Tallying Timber for Harvest/Marking Records

All marked tree tallies by harvest unit must be delivered to the Forest Service on approved forms, a; recorded information on the forms must be legible (provided be the Forest Service).

261 – Timber Tally Sheet Header Data Instructions - Proper entries to be made in filling out the tally sheet as follows:

a) Forest: Enter 22.

b) District: 02 - Androscoggin, 04 - Pemigewasset and 05- Saco

c) Sale Name: Enter name of sale.

d) Unit #.: Enter Harvest unit Number as shown on the attached maps.

e) Date(s): Enter the date(s) the unit was marked and cruised.

g) Marker’s Name: Enter initials of marker(s)

h) Paint Color: Enter color of paint used to mark the harvest unit.

i) Batch #.: Record Batch Number of paint used.

l) Card #: Enter tally sheet number for each respective harvest unit, i.e. 1 of 3, 2 of 3, etc. in the upper right hand corner of the Timber Tally Sheet 262 – Tally Sheet Data Entry. Timber Tally Sheets provided by the Forest Service (Exhibit C-1) will be used to record tree count in each unit by sample group. Use the dot-and-dash notation to record tree tallies. This notation applies to counts in units of 10 in the form of a box. Note that the placement of dots and dashes proceeds in a clockwise direction with the dots at each corner for the first four and lines connecting the dots at the sides of the box for the next four and, finally two diagonals across the box for the final two marks making up the ten. Start a new box with a new dot for the next set of ten.

263 - Below is a portion of a Timber Tally Sheet used to track the total number of trees by sample group & strata. For example, the first sample group is SM 1:30, which represents sugar maple and requires that one tree out of every thirty trees will be a sample tree. Below in Strata 2 is MH – Mixed Hrd 1:300, which represents all hardwood non saw-timber, commonly called hardwood pulp, requiring that one tree out of every three hundred trees will be a sample tree.

Strata # 1

SM 1: 30

YB 1: 30

RM 1:30

Beech 1: 30

Aspen 1: 30

Strata # 2

MH- Mixed Hrd 1: 300

264 – Marking Progress. On one copy of the timber sale work map, daily marking progress shall be indicated. This record shall be made available to the Government on a daily basis. At the completion of each unit, the Contractor shall furnish a second copy of the work map indicating locations of sample trees, reserve trees, group centers, unusual circumstances or other points of interest locations. This second copy shall not include daily marking progress.

265 – Tally Form and Marking Record Submittal. All tally forms and marking records shall be turned into the Forest Service at least once per week. This generally occurs when paint is turned checked in with the Forest Service.

270 – Corrections.

Where it is necessary for the Contractor to make changes in trees originally marked, the Contractor shall obliterate any blue, yellow or orange markings with black paint. Electronic files and or dot tally counts shall be adjusted accordingly for any corrections.

280 - Timber Cruising

281 - Sample Tree Selection – The timber cruising method used within this marking contract is called “Sample-Tree”; where one tree will represent “X” many other trees of the same species or grouping. Your task while marking each unit is to select sample-trees that represent the particular predetermined sample group for each timber sale. All sample trees will be chosen without bias using pre-determine sample ratios provided by the Government on Timber Tally Forms and within the cruise design. In some cases not all sample groups are present within each unit; some lines may be left blank. It is important that all tally trees within each unit have a sample representing each sample group, if present. It is also important that all sample trees be selected without bias. The standard “Timber Tally Sheet” (Exhibit C-1) will outline the sampling groups & ratios that you will need to follow.

a) In each harvest unit, the first sample tree for each sample group shall be taken at the midpoint of the sample interval and then at the regular sample interval. For example, if the sample interval for a sample group is 1 in 20, the first sample tree would be the tenth tree tallied in that sample group, the next sample tree would be the twenty-first tree tallied, and so on.

b) If the total tree tally for a sample group in a harvest unit is less than the midpoint of the sample interval but at least one tree, go back to the last tree in that sample group and cruise it for that sample group (See Exhibits C-1, C-2).

282 - Sample Tree Marking - The contractor will identify each sample tree by painting an “S” on the up and down hill sides at DBH and hang 2 pieces of fluorescent pink ribbon immediately next to the sample tree to aid in finding the tree.

283 - The Contractor shall review all data sheets to insure that all information is filled out properly before delivery to the Government. All incomplete sheets will be returned to the Contractor for completion or correction. All data entries shall be complete and legible. All dot tally sheets and accompanying forms for a unit shall be turned in on a weekly basis.

284 - Contractor is responsible for keeping a progress report current (Exhibit C-8) and available for review by the Forest Service upon request.

290 – Marking Under Varying Weather Conditions

The Contractor shall plan on rainy/wet days when trees cannot be marked. The tree marking paint provided for this contract is water soluble and needs at least some drying time prior to exposure to heavy rainfall or wash-off problems can occur.

291 – Temperature and Humidity. Periods of high temperature (80o F) with high relative humidity, or subfreezing temperatures, preceding forecast of heavy rain or frozen precipitation should also be avoided. Potential for wash off problems in the leaf-on period is most critical in closed canopy hardwoods where dry time is extended by higher relative humidity, less air movement and less exposure of bark to direct sunlight than in open stands of most conifer types. Potential for wash off problems in the leaf-off period is most critical in hardwoods and some softwoods as rain water will travel down the stem or make direct contact, and wash the paint.

292 – Rainy Periods. The Contractor shall exercise prudent judgment as to when to start marking during rainy periods and when to stop once precipitation has begun. Resumption of marking following rainfall is at the Contractor's option. The Government reserves the right to stop the Contractor's marking if it is determined that weather is unsuitable and normal paint retention quality cannot be assured 293 – Marking in Snow Conditions/Freezing Temperatures. During times when the tree stem is becoming frozen or is frozen, the tree stem may develop a thin layer of frost as a result of high relative humidity or frozen precipitation and will block the paint from properly adhering to the tree.All marking will cease, unless approved by written agreement, if snow levels average or exceed three inches. The contractor should plan on extended drying periods during cold weather especially freezing temperatures.

294 – Contractor Responsibility. The Government holds the contractor responsible for repainting any tree(s) or area(s), at no cost to the government, that are found to be faded, washed or visibly affected as described above.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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)

INSPECTION AND ACCEPTANCE

Inspection Procedures

The Contractor is responsible for quality control checks as specified in the Quality Control Plan. Within ten (10) business days of receipt of the tally sheets and the quality check tally sheets the Forest Service will verify that the work complies with the contract.

As the basis for payment, contract compliance will be based on plot level and stand level assessments of:

1. Adherence to marking prescriptions, and

2. Correct stump and bole designation of trees for harvest

3. Correct designation, selection and count of reserve trees, and

4. Accurate tree species and product identification, and

5. Correct frequency, designation and GPS waypoint collection of sample trees, reserve trees and groups areas, and

6. Marking paint security. Failure to meet marking paint security as indicated in this contract will be considered a breach of contract.

QUALITY ASSURANCE PLAN (QAP)

Introduction: The purpose of this Quality Assurance Plan or QAP for Timber Sale Marking is to layout in advance what this agency will do to assure that the Contractor’s performance meets the baseline established by the contract in terms of technical requirements, schedule, quality and cost. This Plan provides the basis for the Contracting Officer's Representative (COR) to evaluate the Contractor's performance. The oversight provided for in the QAP and in the contract will help to ensure that the performance levels mandated by the Specifications are attained throughout the contract term and/or by its end. Further, this Plan provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required annual performance evaluations.

Functions of the QAP: The QAP is composed to convey the following:

A. The roles and responsibilities of Government officials B. The evaluation methods that will be employed by the Government in assessing the Contractor’s performance and C. The monitoring forms used to evaluate and document the Contractor’s performance.

Government Roles and Responsibilities:

The COR has technical responsibility for overall performance management of the contract. He or she has the lead in monitoring, assessing, recording and reporting the technical performance of the Contractor. The COR will be the main interface with the Contractor about performance and work closely with the Contractor’s Project Manager and the Government’s Contracting Officer (CO).

Performance Evaluation Methods:

A. COR primary functions include: inspection, acceptance and addressing nonconformance. These functions will be done to the tasking and deliverable facets of the effort. Specifically, such duties will entail the following:

1. Conduct periodic inspections

2. Random inspections will be completed on an as needed basis by the COR or inspectors.

3. Report findings obtained from the periodic inspections to the CO.

4. Document any contract discrepancies. This information will be provided to the contractor to: 1) communicate discrepancies discovered during the periodic inspections, 2) note the impacts of what was not completed, and any recommendation for rework or re-performance, and 3) follow up to ensure non-conformances are corrected.

5. Provide timely feedback on submitted deliverables. Get feedback to the contractor in time to incorporate comments for re-submittal.

6. Perform annual and final Performance Evaluations.

B. When an observation indicates defective performance, the COR will require the contract manager or representative (contractor) to initial the observation made. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance.

C. The Contractor shall perform or re-perform any work, which was not performed in a satisfactory manner, at the Contractors expense, accordance with Inspection Clause (FAR 52.246-4) Performance Requirement Summaries:

In general, the Tasks completed by the Contractor will be evaluated in terms of how well the requirements of the contract are satisfied. The COR will periodically perform Inspection on the Tasking and Deliverables to ensure there is a match between actual and expected performance. If there are discrepancies, these will be communicated to the Contractor, and follow through to ensure performance gaps are closed. The information obtained from these surveillance activities will form the basis for the COR completing the contractors performance evaluation.

The actual Inspection that is done by the COR includes using Performance Requirement Summaries (PRSs).

A. Requirement Element: This is a Task or an aspect of Task that will be evaluated by the COR. The PRS table is developed to include Tasks.

B. Acceptable Quality Level (AQL): The Specifications and PRS delineates the levels of performance expected from the Contractor. During the actual Contractor performance, the COR will evaluate the current level of performance, by using one or more AQL’s given in the PRS. In many instances, these AQL’s come from internal or external standards.

C. Monitoring Method & Measurement: This is the means by which the COR will verify that the AQL’s are providing effective performance feedback information and the standards against which the contractors performance is to be measured..

Performance Requirement Summary Table

Marking to Prescription

· Preparing unit to guidelines as outlined in the prescription.

· All members of the marking crew must be familiar with prescription and marking guidelines

· Residual basal area is within 20% of prescription target on each variable radius inspection plot and average residual basal area within 10% of prescription target on a stand level basis

· Residual basal area is composed of the health, form and quality as specified in the prescription

· A minimum of 5 variable radius plots will be placed in each unit inspected by COR or COR’s inspector

· Residual basal area will be measured using a 10 BAF wedge prism, relaskop, or other equivalent optical instrument

· Ocular health, form and quality will be assessed and checked against prescription

· A minimum of one inspection per prescription activity in each timber sale shall be conducted

Tree Designation

· Correct marking procedures used to designate timber for harvest

· 100% of trees must have correct stump marks (placement, height and suitable bark surface)

· Adequate bole marks for pulp, sawlog and sample trees

· 100% of designated trees must be recorded on Timber Sale Tally Sheets.

· COR or COR’s inspector will check stump marks in measured plots and between plots to assure 100% of designated trees have correct stump and bole marks

· Timber Tally Sheets must be filled out in legible fashion

Reserve Trees

· Reserve trees are retained for reasons of wildlife and seed sources at a frequency indicated in the prescription

· Unit must be prepared with the minimum number of reserve trees by acre as specified in the contract

· No more than 50% additional reserve trees per acre will be accepted per acre on average

· 100 % of reserve trees must have two orange stump marks one of which must be a stump stripe on the low side of the tree painted at ground level and extending up the bole to stump height and orange band bole mark

· GPS data is 95% accurate (GPS points are recorded accurately; see technical specification “240”)

· Reserve tree count will be based on the Reserve Tree Tally Form Data and GPS points; recorded data on form must be legible.

· Reserve Tree waypoint file must be delivered before payment is issued

Tree Species and Product Identification

· Tree species identification must be correct to accurately estimate volumes by species/species group and product

· Tree species must be called accurately a minimum of 95% of the time

· Product must be called accurately a minimum of 90% of the time

· The COR or COR’s inspector will monitor species and product calls during variable radius plot assessments and/or sample tree data collection

Sample Tree Location and Frequency

· Sample trees must be tallied at the correct sampling interval as defined by the cruise design

· 100% of sample trees must be identified by an “S” on uphill and opposite side at breast height of the sample tree and two pieces of pink fluorescent flagging immediately next to the sample tree (see technical specifications “282”).

· One sample tree must be located at specified sampling interval in an unbiased fashion

· GPS data must be collected for each sample tree; this data must be 95% accurate (GPS points are recorded accurately - see technical specification “240”)

· The COR or COR’s inspector will assess sample tree location and frequency during variable radius plot assessments and/or sample tree data collection

· Number of sample trees will be evaluated against the Timber Tally Sheet and collected GPS data

Marking Paint Security

· Marking Paint Security is imperative.

· 100% of paint shall be kept in a locked box while in the field, be accompanied by the marking crew or secured at a location approved by the Forest Service

· Paint shall be checked in/out with the Forest Service at least once per week.

· Contractor must keep daily log of use indicating location paint was applied, amount used and batch number.

· Immediately notify the Forest Service if any paint is misplaced/lost.

· Contractor shall be subject to random audits to assure compliance with Acceptable Quality Levels

· If Acceptable Quality Levels are not followed, Contractor shall be found in breach of contract.

· Forest Service shall give contractor notice of such breach

· Forest Service may give reasonable time to remedy such breach; however reserves the right to terminate the contract.

In carrying out performance monitoring, the following is to be noted:

A. Inspection can be done at all times and places so long as not to disrupt the Contractor’s effort.

B. If the COR discovers performance deficiencies, the Contractor is given the first right to make the corrections.

C. If the Contractor is not able to make corrections, either:

1. The Government or a third party can do so at the Contractor’s expense, or

2. The Government can accept the performance and seek an equitable adjustment.

D. Acceptance acknowledges that the performance conforms to the requirements.

Re-inspection Upon Contractor's Request

If the original inspection results are contested by the Contractor on a completed Bid Item, one re-inspection may be requested in writing. The same inspection procedures; however different plots will be used. The results of the re-inspection will be used in determining payment. If the re-inspection results fall below the Acceptable Quality Level, the Contractor shall pay the costs incurred by the Government for the re-inspection.

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

TIME OF YEAR RESTRICTIONS (see Section 293) (a.) During times when the tree stem is becoming frozen or is frozen, the tree stem may develop a thin layer of frost as a result of high relative humidity or frozen precipitation and will block the paint from properly adhering to the tree.

(b.) All Cut Tree Mark harvest units will cease, unless approved by written agreement, if snow levels average or exceed three inches. The contractor should plan on extended drying periods during cold weather especially freezing temperatures.

TIME FOR COMPLETION

(a) Time allowed for completion of a task order under $10,000

60 calendar days

A task order $10,001 to $25,000

120 calendar days

A task order $25,001 to $60,000

270 calendar days

A task order Greater than $60,000

As negotiated with contractor

PERFORMANCE BASED INCENTIVES

This contract contains both positive and negative incentives as shown below.

The Contractor shall perform work in accordance with the specifications contained in this contract, and their technical proposal that is incorporated by reference, including their quality control system.

These performance based incentives apply only to initial submissions with acceptable work , those items that are rejected or have previously been rejected and corrected do not fall into this population.

ACTUAL

TIME

OF

|PERFORMANCE

E

G

O

T

I

A

T

E

D

The Forest Service retains all other rights available to it for late performance including termination for default.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within __20____ days after the date of contract award. The conference will be held at a place agreeable to the government and the contractor.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Crew leader and quality control monitor as specified in their technical proposal.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Special Qualification Requirements

(a) Crew members must be proficient in the following areas:

1. Tree measurement (diameters)

2. Species identification.

3. Defect recognition and determination.

4. Quality determination.

5. Use of timber cruising tools.

6. Map reading and compass use.

7. Elementary use of aerial photography.

8. Use of global positioning systems (GPS) hardware and software.

(b) Prior to the start of timber marking the Quality Control Inspector for timber sales must meet the following criteria unless waived by the contracting officer:

1. Meet the requirements to be a proficient crew member.

2. Experience as a timber cruiser.

Confidentiality Of Information 452.224-70 (Feb 1988)

(a) Confidential information, as used in this clause, means--

(1) information or data of a personal nature, proprietary about an individual, or

(2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential…