hia_tsi_rfp3.pdf

AG-569R-S-16-0015 Hiawatha National Forest TSI Services IDIQ

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

UNDER DPAS (15 CFR 700) 1 48 PAGES

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

AG-569R-S-16-0015

SEALED BID (IFB)

04/12/2016

NUMBER

NEGOTIATED (RFP)

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

USDA Forest Service, Lake States Acquisition Team;

412 Red Apple Road, Manistee, MI 49660

Same as Block 7 Attn: AG-569R-S-16-0015

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

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in N/A until 2:30 EST local time May 12, 2016

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

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: Tamie Thompson 231-723-2211 x3134 trthompson@fs.fed.us

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

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

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

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

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

X SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

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

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

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

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

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

15A.

NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

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

15C. CHECK IF REMITTANCE ADDRESS

17. SIGNATURE

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

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

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

(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)

SECTION B - Supplies or Services/Prices

The Government anticipates one or more contracts will be awarded to offeror(s) whose proposal is (1) technically acceptable and (2) offers the best value to the Government. The technical evaluation factors of experience, past performance, available resources, and quality control in total, are of more importance than price. Please refer to section M (evaluation factors for award).

If multiple awards are made, each of the multiple award contractors shall be provided a fair opportunity to be considered for each task order. If multiple awards are made, contractor selected for the work to be completed will be determined by location, availability, performance under previous task orders, and price. The Government does not guarantee any equality of orders to be place with each multiple award contractor.

Section J identifies an attachment for initial 2016 task order(s) that may be awarded to one or more of the offerors that is selected for the IDIQ contract. Future Task Order awards will be made on a competitive basis amongst IDIQ contract holders. Task Orders will be evaluated based on price and technical factors identified in the Task Order. Government reserves the right to award a Task Order at any time and for any reason to meet minimum quantities. Individual Task Order pricing requests under this contract will have their own schedule of items and current Wage Rates.

Bidders shall enter UNIT PRICE, and TOTAL for each BID ITEM that they’re interested in to be considered responsive to this solicitation. Non-responsive bids will not be considered and will be rejected.

REPRESENTATIONS AND CERTIFICATIONS: All offerors must complete annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website athttp://orca.bpn.gov. See provision 52.204-8 in

Section K.

SUCCESSFUL AWARDEE: To be awarded a contract with the Federal Government, the successful firm must be actively registered in the System for Award Management database website at http//www.sam.gov. See FAR Clause 52.204-7 listed in Section I.

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 against IDIQ contracts awarded as a result from this solicitation totaling a minimum of $2,500, but not in excess of $1,000,000.

NOTE:: Proposals may be emailed, mailed or hand delivered. Proposals received via fax will not be accepted. Physical mailing address and email address are located on the first page SF33.

See Section L - 452.215-71 Instructions for the Preparation of Technical and Business Proposals. (SEP 1999) for Cost Proposal

Instructions. Information and Pricing will be requested for five (5) task orders. These task orders may be awarded after formal award(s) of this solicitation.

For technical questions, contact:

Josh LeDuc – St. Ignace Ranger District (Eastside) (906) 643-7900 ext. 129

Tom Desy – Rapid River Ranger District (Westside) (906) 474-6442 ext. 130

SECTION C – DESCRIPTION / WORK STATEMENT

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.

C.1 SCOPE OF SERVICES

This is an Indefinite Delivery Indefinite Quantity type contract with a specified minimum and maximum ordering amount. Individual

Task Orders will be placed for services as they develop.

The Contractor shall provide all services, facilities, materials, and supplies required for the performance and completion of the projects outlined in these specifications and maps.

The Contractor will follow the general contract requirements as stated herein, the specific specifications for the Forest within which the Contractor is working, and the specifications of each Task Order. If there is a conflict among the three sets of specifications, the most specific area, the task order, will rule, then the Forest specifications, and the general specifications.

The Contractor shall utilize products and materials that promote energy conservation, pollution prevention, waste reduction, use of recovered materials (e.g., concrete with fly ash), that are environmentally preferable, with recycled content and that are recyclable, are made from biobased materials (e.g., insulating foam and composite panels), and are energy efficient (Energy Star-qualified) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered.

TSI Specifications

(a) This contract is for timber stand improvement (TSI) and site preparation work on the Hiawatha National Forest. It is the intent of this contract to secure TSI services required for the BASE year of 2016, with options to renew for the years 2017, and 2018.

(b) The Contractor shall furnish all labor, materials, equipment, tools, supplies, transportation, professional services and supervision.

There will be no Government-furnished property.

c) The actual number of acres and site to be completed may vary depending upon funding and completion commercial harvest

d) If renewal of this contract will not be exercised, the Government will notify the Contractor on or before January 1, of the year affected by the non-renewal notice.

c) The Government will place the initial order for TSI and site preparation services by no later than April 15 for the option years, if any. Orders will contain the number of acres to complete by item, individual site prescriptions, district maps and site locations.

UNIT ESTIMATED NUMBER OF Acres

Acres estimated below are approximate, and are not guaranteed.

Hiawatha Westside Unit

2016 985 Acres

2017 1250 Acres

2018 1600 Acres

Hiawatha Eastside Unit

2016 477 Acres

2017 658 Acres

2018 581 Acres

LOCATIONS

Project areas are located on the Eastside (Sault Ste. Marie (Raco) and St. Ignace Ranger Districts) and Westside (Rapid River, Manistique, and Munising Ranger Districts) Units of the Hiawatha National Forest. These units are located in Chippewa, Mackinac, Schoolcraft, Alger, Delta, and Marquette Counties of Michigan.

SITE VISIT

(a) Potential contractors for specific projects are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the costs of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(b) Potential contractors will be shown actual unit boundaries on aerial photos, if requested. Photocopies of aerial photos for specific projects can be obtained from the applicable Ranger District office.

DESCRIPTIONS

Any one or a combination of the following tasks may be included in future projects. Specific prescriptions providing further detail will be provided for those projects.

Felling specifications for all tasks unless specifically changed on individual site prescription.

A. Cutting Method.

1. All trees required to be cut shall be cut below the lowest live limb except when prevented by natural obstacles. All live limbs below the cutting point, including those which may originate below ground level, shall be removed.

2. Trees required to be cut shall be completely severed from the stump.

3. Stump height of cut trees shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

B. Felling.

1. Cut trees shall be directionally felled away from unit boundaries, roads, cross country ski trails, telephone and electrical transmission lines, driveways, fence lines, monumented corners, bearing trees, livestock and wildlife watering developments, genetic select trees, maintained trails and streams.

a. Slash created by the Contractor shall be removed from the road prism of access and other roads and trails designated on the Project Maps. Please see figure below to reference the entire road way.

2. All hang-up trees shall be pulled down and be made to lay on the ground.

3. No cut stems shall be left lying on top of, or otherwise positioned, so as to impede the growth or form of the trees being released.

4. All snags shall be left standing for wildlife use.

5. All flagged boundary trees which require treatment shall be felled.

1. Release

1-1. The designated tree species will be released from all surrounding live woody vegetation within a 5 foot radius from the base of each tree (measure bole to bole). Woody vegetation includes:

a. Poles, saplings, and seedlings, unless otherwise specified on site map/prescription.

b. Woody perennial shrubs such as but not limited to hazelnut, alder, willow, fire/pin cherry, service berry, etc. that are at least 1/3 the height of the conifer needing release. Annuals such as grasses, sedges, ferns, etc. do not need to be cut down.

1-2. There may be some small exclusion areas or specifically reserved trees within the work areas where the trees will not be cut. These will be flagged or identified prior to initiation of contract work.

1-3. Trees greater than 5 inches at breast height will not be cut.

2. Pruning for Tree Quality

2-1. All pruning shall be performed with hand pruners, lopping shears, or pruning saws only. No pruning by chainsaws will be allowed.

2-2. Selection of trees to be pruned.

a. 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, or mechanical causes with a minimum height of 5 feet tall.

b. Select trees for pruning at a 20x20 foot spacing (up to 109 trees per acre, where available) except for spacing variances noted below.

c. Spacing shall be varied up to 50 percent (10 to 30 feet from last prune tree with an average of 20 feet) to select the most desirable tree to prune. The number of pruned trees per acre shall not be materially increased or decreased.

d. Where natural openings occur in the stand, spacing between pruned trees shall be reduced on the perimeter of the opening to affect the same average spacing.

e. If no healthy, undamaged trees exist at the required spacing interval, prune a tree with minor damage.

2-3. Pruning Methods.

a. Pruning height; Prune all branches in accordance with the following:

1. Two (2) or more whorls must remain in the live crown after pruning.

2. Trees 5 to 18 feet in height shall have all branches within the lower half of the bole pruned. Example: A tree approximately 10 feet in height will require pruning all branches on the lower 5 feet of the bole. If a whorl of branches is present half way up the bole it will need to be left. Pruning more than half of the bole will not be allowed.

3. Trees over 18 feet in height shall have all branches within the lower 9 feet pruned.

4. The pruning height will be determined from the uphill side of the tree.

2-4. Removal of live and dead limbs.

a. 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 (but no longer than one-half inch) of the branch beyond the branch collar.

1. All live and dead limbs must be severed so as to leave a flat cut surface.

5 Ft 5 Ft

10 FT 10 FT

2. The Contractor shall move thinning slash and other obstacles as necessary to achieve proper pruning if it can be done with a reasonable effort without setting aside the pruning tool.

3. Branches originating in the duff layer shall be pruned.

2-5. Slash Treatment.

a. Slash created by the Contractor shall be scattered away from the bole of the pruned trees so that inspectors can see at a glance that all limbs are severed.

b. Slash created by the Contractor shall be removed from the road prism of access and other roads and trails designated on the Project Maps.

3. White Pine Pathological Pruning

3-1. All pruning shall be performed with hand pruners, lopping shears, or pruning saws only. No pruning by chainsaws will be allowed.

3-2. Selection of white pine trees to be pruned.

a. White pine 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, or mechanical causes with a minimum of 5 feet tall with a maximum diameter of 14 inches.

b. White pines which have a blister rust infection on the bole or a branch infection within 6 inches of the bole shall not be selected for pruning.

c. Select white pine for pruning at a 20x20 foot spacing (up to 109 trees per acre, where available) except for spacing variances noted below.

d. Spacing shall be varied up to 50 percent (10 to 30 feet from last prune tree with an average of 20 feet) to select the most desirable tree to prune. The number of pruned trees per acre shall not be materially increased or decreased.

e. Where natural openings occur in the stand, spacing between pruned white pine shall be reduced to 10 feet but should not affect overall average spacing in the stand.

f. If no healthy, undamaged white pines exist at the required spacing interval, prune a white pine with minor damage.

g. White pine with weevil damage, forked tops, or a double trunk, shall be pruned so as to make a single stemmed tree with a dominate leader. This is only required if pruning is under 9 feet in height.

h. Any branch with a blister rust infection shall be removed within the first 9 feet. If the tree has blister rust above 9 feet the tree shall not be selected for pruning.

3-3. Pruning Methods.

a. Pruning height; Prune all branches in accordance with the following:

1. Two (2) or more whorls must remain in the live crown after pruning.

2. White pine trees 5 to 18 feet in height shall have all branches within the lower half of the bole pruned.

Example: A white pine approximately 10 feet in height will require pruning all branches on the lower 5 feet of the bole. If a whorl of branches is present half way up the bole it will need to be left. Pruning more than half of the bole will not be allowed.

3. White pine trees over 18 feet in height shall have all branches within the lower 9 feet pruned.

4. The pruning height will be determined from the uphill side of the tree.

2-4. Removal of live and dead limbs.

a. 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 (but no longer than one-half inch) of the branch beyond the branch collar.

1. All live and dead limbs must be severed so as to leave a flat cut surface.

2. The Contractor shall move thinning slash and other obstacles as necessary to achieve proper pruning if it can be done with a reasonable effort without setting aside the pruning tool.

3. Branches originating in the duff layer shall be pruned.

4. Remove green needles originating directly from the bole of the tree.

2-5. Slash Treatment.

a. Slash created by the Contractor shall be scattered away from the bole of the pruned trees so that inspectors can see at a glance that all limbs are severed.

b. Slash created by the Contractor shall be removed from the road prism of access and other roads and trails designated on the Project Maps.

4. Cleaning in Uneven Aged Northern Hardwood Canopy Gaps

4-1. Identify canopy gaps created by previous logging and clean such gaps by cutting low quality or damaged seedlings and saplings which are greater than 1/2 inch in diameter but less than 5 inches in diameter at breast height. Potential crop trees shall not be cut.

4-2. Cleaning shall remove all low quality seedlings and saplings within the canopy gap including the area up to the boles of the trees whose crowns create the perimeter of the canopy gap. Seedling and saplings that have been damaged from past harvest should also be removed.

4-3 Cut low quality seedlings and saplings who’s crown impedes canopy gap. These trees may originate outside of the gap but the crown of the tree may be impeding the perimeter of the gap.

5. Cleaning Canopy Gaps in Beech Salvage Stands

5-1. This task is the same as cleaning in uneven aged northern hardwood canopy gaps above except the size and frequency of canopy gaps is likely to be greater and all American beech greater than 2 feet in height shall be cut.

5-2 Cut low quality American beech seedlings and saplings (2 feet in height and greater) who’s crown impedes canopy gap.

These trees may originate outside of the gap but the crown of the tree may be impeding the perimeter of the gap.

5-3 In beech salvage stands where there was a heavy beech component, gaps may be large (sometimes in excess of 60 ft) and may be difficult to tell gaps apart from other gaps. In these areas clean a gap to 60 feet in diameter. Leave an uncleaned buffer of 10 to 20 feet before cleaning another 60 foot gap.

6. Cleaning in Aspen Regeneration Areas

6-1. Within commercially clearcut aspen stands cut all hardwood stems greater than 1 inch in diameter, and all conifer stems greater than 3 inches in diameter except favorable wildlife shrubs like oak, cherry and sugar plum (serviceberry) or other reserve trees listed on the project map.

7. Cleaning in Aspen Regeneration with Excessive Balsam Regeneration

7-1. Within commercially clearcut aspen stands cut all hardwood and conifer stems greater than 1 inch in diameter except favorable wildlife shrubs like oak, cherry and sugar plum (serviceberry) or other reserve trees listed on the project map.

8. Crown Thinning

8-1. What constitutes a crop tree and the number of crop trees per acre will be defined in the individual site/map or prescription.

8-2. Cut all trees less than 5 inches D.B.H that have crowns touching the crown of the crop tree.

8-2. Cut all trees less than 5 inches D.B.H that have crowns within 5 feet of the crown of the crop tree.

9. Any Special Timber Stand Improvement

8-1. Specific prescriptions may be included which incorporate a variety of ecosystem, timber, recreation, aesthetics, or wildlife values. Some prescriptions may not follow standard silvicultural guides. Inspection and acceptance guidelines will be specified in the prescription.

DEFINITIONS OF TECHNICAL SPECIFICATION TERMS

Branch Collar - The basal enlargement of a branch.

Bole - The trunk of a tree.

Canopy Gap - A space 30-60 foot in diameter created by the removal of one or more trees from the main stand of trees creating a hole in the canopy. Such gaps are measured from edge of crown to edge of crown, generally intended to be created at a frequency of 2 to 6 gaps per acre.

Canker - A spreading white pine blister rust infection.

Cleaning - Release treatment done to an age class not past the sapling stage to free the favored trees from competing shrubs or low quality trees of the same age class that overtop them or are likely to do so.

Crop tree Release - The removal of all competing trees and shrubs in order to free desirable individual trees from competition.

Crown - That portion of a tree which has green needled branches or branches with leaves.

Deficient Trees - Those trees not pruned but should have been pruned; or trees that are excessively damaged by the pruning operation.

D.B.H. - (Diameter Breast Height) - Diameter of the trunk measured at a point 4 1/2 feet above the ground level on the uphill side of the tree.

Double-trunk tree - Two trees originating from the same stump.

Duff layer - The partly decayed organic matter on the forest floor.

Leave Tree - Any tree that is required to be left standing as provided in the specifications.

Low-Quality - Trees that lack the potential to grow straight and tall, or which do not have one central stem or leader, or stems which are not healthy and will not grow to become a potential crop tree with a minimum of 17 feet of clear, defect-free bole. These trees may have broken tops, scrapes or could be up rooted in result of past logging activites.

Operational Damage - Deep bark gouges, rips, tears (to the cambium), or other damage exceeding one-quarter of the circumference to the bole or damage exceeding one-quarter of the circumference of the branch collar.

Potential Crop Tree - A seedling or sapling which has the potential of growing straight and tall, and developing a limb- and defect-free bole of at least 17 feet in length. These trees should not have any damage from past logging activity; such as broken tops, scrapes or general damage to the bole.

Pruning - The severing of all limbs, live or dead, from the bole of a selected tree to a specified pruning height.

Sapling - Young tree or shrub species generally considered greater than 1 inch but less than 5 inches in diameter.

Seedling - Young tree or shrub species generally less than 1 inch in diameter.

Slash - Any vegetation that was cut by the Contractor or previously cut by another contractor.

Whorl - The arrangement of limbs in a circle around the bole of the White Pine tree.

UNIT BOUNDARY MARKINGS

Unit boundaries will be identified by the Government with orange or blue paint and/or flagging. Boundaries which occur along obvious roads, trails, or water bodies may not be marked.

SPECIAL CONDITIONS

Any special conditions will be noted on site map and prescription.

SECTION D--PACKAGING AND MARKING

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

SECTION E -Inspection and Acceptance

52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the

Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re performance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

1. GOVERNMENT INSPECTION

The Government will perform quality assurance plot inspections to determine compliance with contract specifications. Inspections will consist of observations of work while it is being performed as well as random plots described above in the Government Quality

Assurance and Surveillance Plan. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

The Contractor may at any time after award request re-measurement of any site. The request must be made in writing within 5 calendar days after receipt of the Government’s quality assurance inspection results. The request shall include documentation of the

Contractor’s reason to believe that an error exists. The same inspection procedures will be followed, but different plots will be measured. If the results of the re-inspection differ by more than 5 percent of the original quality control results, the re-inspection results will be considered acceptable and used for payment. If results of the re-examination are within 5 percent of the original quality control results, the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

2. REWORK

If the treatment quality as determined above is between 75 and 90% the COR will immediately notify the Contractor by phone or in writing. If the unsatisfactory treatment is due to correctable work (i.e., missed or incompletely released trees, cutting methods, brush, slash, etc) the contractor may rework the unit at his discretion in order to achieve full pay. If it is due to non-correctable work (i.e.

over cutting, damage, leave tree selection) or contractor does not correct work, payment will be made at the percentage rate multiplied by the contract unit price.

If the percentage of satisfactory treatment falls below 75% the Contracting Officer will immediately notify the Contractor in writing.

If the unsatisfactory treatment is due to correctable work (i.e., excess trees, cutting methods, brush, slash, etc.) rework will be required. If it is due to non-correctable work (i.e. over cutting, damage, leave tree selection) no payment will be made.

If the quality of treatment is not raised above the 75% minimum acceptable standard within (2) work days after receipt of notice in writing from the Contracting Officer of unsatisfactory work, the Contractor's right to proceed may be suspended for noncompliance.

Repeated failure to perform work at or above the 75% level may also be considered reason for contract termination.

Any Government quality assurance assessment needed due to the Contractor reworking an area, either at the Contractor's request or because of unacceptable work (original quality below 75%), will be at the Contractor's expense. The Contractor may be assessed actual damages which may include but are not limited to wages of the COR and Government inspector(s) incurred due to the rework, and the costs of vehicles that are incurred while administering the contract during the rework site.

3. REQUEST FOR INSPECTION

The Contractor shall notify the Government when their work on an individual site has been completed and request that an inspection of their work be performed. This request shall be in writing and state that the Contractor’s inspection of the site has been completed and the work on the site is ready for Government inspection.

4. ACCEPTANCE

Work on individual sites will be accepted following the final inspection by the COR. Work with a 90% quality or better will be accepted at full payment. Sites which have an inspection quality between 75% and 89% will be accepted at a reduced pay rate as indicated in SECTION F – DELIVERIES OR PERFORMANCE. The Government reserves the right to require rework of areas with quality below 90% if deficiencies can be corrected. Work with a final inspection quality less than 75% is not acceptable, and will not be paid for.

CONTRACTOR’S QUALITY CONTROL PLAN

For contract evaluation purposes only, the Contractor shall provide a detailed Quality Control Plan (QCP) in their proposals specific to the Technical Approach requirements. In general, the Quality Control Plan must demonstrate how the contractor will assure quality, and meet the requirements and specifications of the contract. It shall describe: how quality will be monitored to assure the performance standards are met; the supervision of the work; and personnel that will be performing the quality control. In addition, the

Contractor should address industry standard guidelines, and any applicable State or Federal specifications, protection to the environment and wildlife habitat, and public safety in constructing a Quality Control Plan.

QUALITY ASSURANCE SURVEILLANCE PLAN

The purpose of this plan is to provide a quality surveillance plan for Timber Stand Improvement services performed on the Hiawatha

National Forest. This plan provides a basis for the Contracting Officer’s Representative (COR) to evaluate the quality of the

Contractor’s performance. The oversight provided for in the contract and in this plan will help to ensure that quality levels reach the required levels of performance.

Quality Level: By monitoring the Contractor, the COR will determine whether the performance levels set forth in the contract have been attained.

On-site Inspections: The COR will evaluate the current levels of performance, according to the standards set forth in this contract at the discretion of the COR.

Documentation: The COR will keep a file containing the following:

Copy of the contract

All modifications to the contract

Copy of the COR appointment letter

All contract correspondence initiated or received by the COR

Copies of all completed inspection reports, checklists, logs, diaries, contract discrepancy reports and surveillance certifications

Records of meetings attended

Copies of processed invoices and receipt documents

Evaluation Methods: The COR will conduct periodic on-site inspections. TSI procedures will be observed and sample plots will be examined to ensure and measure compliance with specifications.

Inspection of Pine Release, Pruning and Crown Thinning Treatments:

Each sub-item as designated in the contract Schedule of Items will be inspected as a separate unit and will not be averaged with any other area for acceptance or payment. 90% of designated leave trees, crop trees, or pruned trees must be treated in adherence to the specifications. Plots size and number can be varied to achieve a one percent sample. The following has been prepared assuming 1/50th acre plots (16.7’ radius).

One plot will be taken for each 2 acres of the unit being inspected.

1. Each plot will be examined to record findings on the items listed below:

a). Number of trees treated correctly b). Total number of trees that should have been treated.

(A / B) X 100 = Percent Quality

2. The number of released or pruned trees that should have been released or pruned will vary by plot because of the range of stocking (plus or minus 50% ), the health of the trees occupying the site and/or the portion of plots occupied by openings. Upon inspection of each unit, the treatment quality expressed as a percentage shall be calculated as follows for each plot, and then the plots averaged and rounded up to get the unit percentage:

Example: Release 109 TPA of White Pine

A = Number of trees treated correctly (2)

B = Total number of trees that should have been treated. This number could be 1 or 3 (plus or minus 50%) (2)

Example: (2/2) X 100 = 100% quality

Inspection of Aspen Cleaning

Each sub-item as designated in the contract Schedule of Items will be inspected as a separate unit and will not be averaged with any other area for acceptance or payment. 90% of designated leave trees or cut trees must be treated in adherence to the specifications. Plots size and number can be varied to achieve a one percent sample. The following has been prepared assuming 1/50th acre plots (16.7’ radius).

One plot will be taken for each 2 acres of the unit being inspected.

1. Each plot will be examined to record findings on the items listed below:

a). Number of trees treated correctly(cut trees and leave trees) b). Total number of trees treated.

2. Upon inspection of each unit, the treatment quality expressed as a percentage, and then the plots averaged and rounded up to get the unit percentage:

Example: Aspen cleaning.

A = Number of trees treated correctly (28)

B = Total number of trees treated. (30)

Example: (28/30) X 100 = 94% quality

Inspection of Cleaning in Uneven Aged Northern Hardwood Canopy Gaps:

One canopy gap per acre will be inspected. A transect will be taken and gaps that fall within that transect will be inspected.

Typically 2-6 canopy gaps can be found per acre. Together all canopy gaps inspected will need to meet a quality of 90% or greater.

1. Each canopy gap will be examined to record findings on the items listed below:

a). Canopy gaps should meet all specifications listed above. Up to three (3) trees between 2 feet and 2 inches in diameter not cut will be allowed without failing the gap.

A Number of gaps treated correctly

B Total number of gaps sampled

2. Upon inspection of each unit, the treatment quality expressed as a percentage for that unit only:

Example: Canopy Gaps for 20 acres Sample of 20 canopy gaps

A = Number of gaps treated correctly (19)

B = Total number of gaps treated. (20)

Example: (19/20) X 100 = 95%

Inspection of Cleaning Canopy Gaps in Beech Salvage Sales:

One canopy gap per acre will be inspected. A transect will be taken and gaps that fall within that transect will be inspected.

Typically 2-6 canopy gaps can be found per acre. Together all canopy gaps inspected will need to meet a quality of 90% or greater.

1. Each canopy gap will be examined to record findings on the items listed below:

a). Canopy gaps should meet all specifications listed above. Up to three (3) American beech between 2 feet and 4 in height not cut will be allowed without failing the gap.

A Number of gaps treated correctly

B Total number of gaps sampled

2. Upon inspection of each unit, the treatment quality expressed as a percentage for that unit only:

Example: Canopy Gaps for 20 acres Sample of 20 canopy gaps

A = Number of gaps treated correctly (19)

B = Total number of gaps treated. (20)

Example: (19/20) X 100 = 95%

SECTION F - Deliveries or Performance

Clauses Incorporated by Reference

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)

452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this IDIQ contract is from Date of Award through September 30, 2018.

Each Task Order awarded under this contract will have an established period of performance for the work specified.

ADDITIONAL WEATHER INFORMATION

The Contractor shall plan on poor weather days when work can’t be done or will be slowed. The Government reserves the right to stop the Contractor’s work if it is determined that weather is unsuitable and quality cannot be assured (ex. snow depth results in stump heights greater than 6 inches).

MEASUREMENT AND PAYMENT

(a) Acreages shown in the contract have been determined using a GPS (Global Position System).

(b) Payment will be by the item, as shown in the Schedule of Items in each contract. Payment will be upon completion by the Contractor and acceptance by the Contracting Officer of the entire item, unless otherwise agreed to by the

Contracting Officer.

(c) Quality at 90 percent or above will be paid at the full price for the individual site. If quality falls below 90 percent for a site, a two percent deduction will be made against the site payment for every percent below 90 as shown in the following table. Quality below 75 percent will be rejected without payment. Examples of the payment schedule are shown below:

QUALITY (%) REDUCTION (%) FINAL PAYMENT (%)

90 or above 0 100

89 -2 98

88 -4 96

87 -6 94

86 -8 92

85 -10 90

84 -12 88

83 -14 86

82 -16 84

81 -18 82

80 -20 80

79 -22 78

78 -24 76

77 -26 74

76 -28 72

75 -30 70

74 and lower will not be paid

*Note: The government may order areas with a quality below 90 percent be reworked at the contractors expense http://www.arnet.gov/far/

SECTION G - Contract Administration Data

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful bidder is required. It will be scheduled within 5 days after the date of contract award, unless otherwise mutually agreed. The conference will be held at a mutually agreed upon time and location on the Hiawatha National

Forest.

PAYMENT FORMS

Contractors are required to submit their invoices electronic on the invoice processing platform (IPP). www.ipp.gov

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate Contracting Officer's Representatives (CORs) at the time of the task order award, one COR for each Ranger District.

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

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.

http://www.ipp.gov/

SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

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

Project Manager and/or n Site Representative

(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.

TERMINATION FOR DEFAULT, DAMAGES FOR DELAY

Employment of undocumented workers is conducive to creating situations that cause undue and unwarranted disruptions to contract work. To avoid these situations, it is hereby mutually agreed in the event the Contracting Officer receives written notice from the U.

S. Immigration and Naturalization Service of undocumented workers employed on work under this Contract; action will be taken to place the Contractor in default.

EMPLOYMENT OF ELIGIBLE WORKERS

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code

(U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal

Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm. If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification

(OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and

Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm. Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the

US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker―) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse http://www.dol.gov/whd/mspa/index.htm http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their

Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL

Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration

(http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications

The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the

Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters

i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-

2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the

American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003

Personnel Protective Equipment Booklet.

• MSPA – Forestry Working Conditions Checklist

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact

Sheet # 51 Field…