AG67T0S160019.docx

AG-67T0-S-16-0019

Tree Spraying Black Hills National Forest

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

785656

2. CONTRACT NO.

RFQ AG-67T0-S-16-0019

6. SOLICITATION ISSUE

DATE

February 24, 2016

Brenda Oster Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 605-673-9322

8. OFFER DUE DATE/

LOCAL TIME

March 15, 2016

USDA Forest Service Rocky Mountain Acquisition Service Team Northern Tier 1019 N. 5th Street Custer, SD 57730

|X| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|_| SERVICE DISABLE VETERAN- |_| EDWOSB-

VETERAN-OWNED SMALL

BUSINESS |_| 8(a)

NAICS Code 561730 Size Standard $7.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

|X| RFQ |_| IFB |_| RFP

Mystic Ranger District 8221 S. Hwy 16 Rapid City, SD 57702

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED |_| SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Tree Spraying, Black Hills National Forest

Contractor must be registered in the System for Award Management (www.sam.gov) to be eligible for award of this project.

Insert your prices on pages 3 and 4.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

|_| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN |_| 29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| PARTIAL

|_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program: http://www.biopreferred.gov

AG-67T0-S-16-0019

Tree Spraying Black Hills National Forest

AG-67T0-S-16-0019

Tree Spraying Black Hills National Forest To locate biobased products: http://www.biopreferred.gov

PART I—THE SCHEDULE - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Tree Spraying approximately 8,525 trees.

Mystic Ranger District Pennington, Custer, and Lawrence Counties

2.0 ** Option Year One

April 1 – May 10, 2017

SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS - CONTINUED

3.0 ** Option Year two

April 1 – May 10, 2018

SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS - CONTINUED

Picnic Area

3.25 South Beach Picnic Area

Mystic

183 trees

** Item No. 2 and Item No. 3 are considered Option Items under this contract. The Government has the right at the time of award to award option years in whole or in part.

Award will be made by line item or in the aggregate, whichever is most advantageous to the government.

For evaluation purposes, the cost of each award is $500.

Line item 1 has 6 sub-units and 3 parts– a base period and 2 option periods. If you choose to bid on a line item, you must provide pricing on all sub-units.

Base Period – April 1, 2016 – May 10, 2016 Optional Period 1 – April 1, 2017 – May 10, 2017 Optional Period 2 –April 1, 2018 – May 10, 2018

All Line Items: Actual payments will be based on the number of trees sprayed during the project.

Quantities listed are estimated quantities and are not a guarantee of the number of trees that will need to be treated.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1 GENERAL CONDITIONS AND REQUIREMENTS

1.1 Scope of Work

The contractor shall provide any and all labor, equipment, supplies, services, permits, insurance, and licenses required to spray a minimum of 375 trees and a maximum of 8,525 trees to treat for mountain pine beetle (Dendroctonus ponderosa) on the Black Hills National Forests. The trees that are to be sprayed are ponderosa pine (Pinus ponderosa). The contractor must be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act. This statement of work consists of completing tasks/subtasks in Section 4 & 5 with the performance requirements in Section 6.

1.2.1 Contract Type

The Forest Service anticipates award of a firm fixed price contract as described in the specifications.

1.2.2 Period of Performance

The contract will be awarded for the base year. Pricing for the two option years must be submitted with your response to this solicitation. The Forest Service can unilaterally exercise the options prior to the expiration of the contract. The base period, and each subsequent option period is for a one-year period. Spraying will generally take place between April 1 and May 10. Unless otherwise specified spraying must be completed before the bark beetle brood completes their development and adult beetles emerge (usually after mid-July). Ideally, trees in campgrounds will be sprayed prior to the campground opening for the summer, other administrative sites may be sprayed after the campgrounds open, or when snow and ground conditions permit.

1.2.3 Qualifications

The Contractor and all applicators involved with this contract shall have a current valid Commercial applicators Licenses issued by the South Dakota Department of Agriculture with a specific endorsement of #3 Forest Pest Control. A copy of such certification and Licensing must accompany the contractors initial bid package. This license shall be in the possession of all applicators at all times during the application of pesticides on National Forest lands. The contractor shall provide all expertise, labor, supervision, services, equipment, tools, supplies, permits, licenses, insurance, transportation and incidentals necessary to perform spraying of conifers for which the desired outcome is in strict accordance with the standards specified in this performance work statement. Contractor is required to follow the state and chemical label requirements for applying, storing, mixing, transporting, clean-up, and disposal of pesticides. All safety procedures and equipment will comply with chemical label requirements and local, state and federal laws.

The government assumes no liability or responsibility for the performance of these services.

1.3 Location Description

The campgrounds/recreation areas are located on the Mystic, Hell Canyon and Northern Hills Ranger Districts of the Black Hills National Forests. The work sites and access to the areas will be given on project maps as exhibit “A” attached to this solicitation.

1.4 Accessibility

All spray sites can be accessed with 2-wheel drive vehicles off of paved highways, public graveled roads, or National Forest System Roads (NFSR). Contractor shall be required to keep the spray vehicle on established roads unless approved in advance by the Contracting Officers Representative (COR). All designated trees will be within 300 feet of an established road unless otherwise designated.

1.5 Boundaries

Trees inside campgrounds, recreation administrative boundaries, and other locations will be tagged and painted. A tag and spot of paint will be located on the bole of each spray tree for quick and easy visual recognition by the spray contractor.

1.6 Designated Trees and Tallying

The actual number of trees to be sprayed under the option years will depend on what funding becomes available for the project and the number of trees that can be sprayed within the timeframe allotted.

Trees to be treated will be designated by spot of White paint at breast height on the road face of the trees bole.

Unless otherwise directed by the COR the contractor shall mark sprayed trees to delineate treated trees. Using contractor provided paint the contractor shall paint a dot of tree marking paint at the base of trees that have been satisfactorily covered with insecticide. The paint type (tree marking) and color shall be agreed upon prior to the start of spray operations. A daily diary will be used to document satisfactorily sprayed trees and will be signed by a government representative and contractor representative to show concurrence on tree count. The daily diary tallies will be the official tree count used for payment for satisfactorily sprayed trees.

1.7 Notice to Proceed

The Government will issue a “Notice to Proceed” as soon as weather and ground conditions are favorable for work on one or more of the areas, and all required contractor submittals have been received by the government. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; or (2) contract time will start on the third day after the post office has issued a notice of certified mail to the contractor; or (3) contract time will start when tree spraying and/or other work commences, whichever is sooner. Failure of the contractor to pick up certified mail will not be considered excusable.

1.8 Superintendence by the Contractor

At all times during performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the contracting officer and has authority to act for the contractor.

SECTION 2 – DEFINITIONS

Acceptable Quality Level (AQL): The maximum allowable deviation from perfect performance that may occur before the government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Contract Time: The number of calendar days listed in the task order for completion of contract work.

Designated Trees: Trees to be treated with pesticide are identified by aluminum tags affixed at breast height on the bole facing the nearest road.

Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Personnel Protective Equipment (PPE): Specific clothing and or equipment required to be used to provide for the safe preform of specific tasks. This may include but not be limited to chemical resistant jackets, gloves, and face and or eye protection as prescribed on the chemical manufactures label.

Government Inspector: A Government employee responsible for monitoring contractor performance.

Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the Performance Work Statement (PWS).

Random Sampling: A sampling method in which each service output in a unit has an equal chance of being selected.

(Acceptable) Service: A job performed to the standard and within the AQL. The contractor must do the specific job, and meet the AQL before one can say that performance has been acceptable and that he/she should be paid.

Quality Assurance: Those actions taken by the Government to assure services meet the requirements of the PWS.

Contracting Officer Representative (COR): A Government employee appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

SECTION 3 – GOVERNMENT FURNISHED PROPERTY/SERVICES/ MATERIALS/ITEMS

3.1 One (1) Copy of the Forest map of the Black Hills National Forest will be provided to the contractor for use during the contract. This map is to be returned after completion of the contract. The COR, or designated inspector may take samples of the spray mix from the contractors spray tank at any time during spray operations to check mixture. “Chemical Application Reports” in sufficient quantities to report all application activities.

SECTION 4 – CONTRACTOR OBLIGATIONS/REQUIREMENTS

4.1 The chemical to be used shall be registered for bark beetles labeled for Forestry Use, and be properly formulated, following label directions for bark beetles. The insecticide shall be liquid concentrate (no powder). Sevin XLR Plus is the desired insecticide to be used. Deviation from Sevin XLR Plus would have to be approved by the Forest Health Entomologist. If XLR Plus is unavailable in the contractor’s area, the COR may be able to provide a list of supplier of XLR Plus. A compatible surfactant and/or drift agent shall be used to provide better adhesion to tree bark and reduce drift. The water used in the Tank mix shall be PH 6-7. Adjustment of the PH may be required. The water source shall be designated by the inspector or COR.

The hose on the contractor’s spray rig shall be capable of reaching at least 300 feet. The applicator must use a hydraulic power sprayer with a minimum psi of 350. A psi of 400 or higher is preferred, if available. Hose size greater than ½ inch is recommended to reach the desired height. The spray unit must be capable of keeping the pesticide, surfactant solution under constant agitation or circulation once the products are mixed. Individual campsite amenities, i.e., fire rings, picnic tables, water faucets, grills, etc. will be covered using 4 Mil Plastic Sheeting.

Plastic sheeting shall not be removed until residue is dry. The contractor shall provide a crew adequate in number to perform all aspects of the spraying and resource protection in a safe and orderly manner.

The Contractor shall complete as required a “Chemical Application Report” and submit to the government one “Application Report” shall be required for each application period for each project area. All reports shall be submitted prior to acceptance of work. The Blank “Chemical Application Reports” shall be provided to the contractor at no charge by the government.

4.11 On-site Representative. The contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

4.2 REQUIREMENTS GUIDELINES

4.21 All bole surfaces, including root collar and exposed roots, must be treated with insecticide. All trees shall be sprayed on all sides up to a minimum of 50 feet, or to the point where the diameter of the trunk is less than 5 inches in diameter, whichever is less. The applicator cannot choose to ignore a particular face of the tree due to a heavy component of tree branches on one or more bole faces. This means the applicator may have to reposition four or more times to ensure coverage on all bole faces. Depending on tree size, the amount of spray applied must be sufficient to soak the bark, resulting in wetting of area underneath the bark flakes. The distance from a natural water source for mixing of the chemical in the spray tank will be determined by the COR or inspector on site to prevent any chance of accidental contamination.

4.22 Special Concerns Do not apply insecticide within 75 foot of saturated ground, standing water, snow banks, streams, or lakes. Do not spray when winds are greater than 5 miles per hour. Do not spray when moisture has occurred two hours before the start or is predicted two hours after completion of spraying. Spraying will occur between April 1 and May 10th unless otherwise agreed upon, and will occur as funding permits. Spraying can begin as soon in the spring as campgrounds can be accessed unless otherwise restricted.

4.23 REQUIRED RESULTS/SPECIFIC TASKS REQUIREMENTS

Estimated trees to be sprayed at the different locations on each District may change depending on new dead or infested trees located during pre-spraying field review. It is anticipated that trees may be added to replace trees lost due to weather or bug infestations over the course of the year.

4.3 REFERENCES

Work will begin as soon as possible in 2016 and continue for two additional years as funding remains available Past experience has shown that starting early (on site by 6:00A.M.or earlier) may provide for winds less than 5 miles per hour on average, for 1 to 5 hours.

4.4 END RESULTS/DELIVERABLES

4.41 CONTRACT TIME

All work required by this contract shall start as early as weather and ground conditions permit, but no earlier than April 1, 2016 and shall be completed prior to May 10, 2016. During the option periods work may start as early as weather and ground conditions permit, but no earlier than April 1, 2017 and shall be completed prior to May 10, 2017 and 2018 respectively.

4.42 FS-6300-20 (Contract Daily Diary) will be filled out daily with accomplishments for the day. The diary will report total trees satisfactorily completed meeting 100% of the requirements and any trees that were required to be re-sprayed. This will also serve as a completion of task report for payment purposes.

4.43 The designated Contracting Officer Representative (COR), or Inspector will provide a contract daily diary with the total number of sprayed trees that were approved by the COR or inspector. The contractor will sign this to show agreement with count. These will be sent to the Contracting Officer (CO) weekly.

4.5 SCHEDULES

Proposed spraying schedule A day’s spraying is based on approximately 200 trees sprayed/day/crew. On a good day up to 300 or more trees can be sprayed. As bad weather or mechanical delays occur rescheduling may be necessary. Campgrounds will be completely closed during spraying operations.

4.6 PROGRESS/COMPLIANCE

4.61 Examples of Government Assessment

4.6.1.1 Coverage

Inspection will be done concurrently with spray operations in such a way as not to interfere with contract operations. Inspectors will observe each tree sprayed to ensure 100% coverage. Contract daily diaries will document the total number of satisfactorily treated trees. These will be sent to the CO at the end of each week.

SECTION 5 Performance Work Statement Tasks and Critical Subtasks

5.1 Bug Tree Spraying: The spraying of designated green pine trees in designated areas of the National Forest

5.2 Protection of Improvements: The protection of improvements from cross contamination of pesticides during application.

5. 7 Submittals

5.7.1 Licenses and Certification A Current Commercial applicators Licenses issued by the State of South Dakota with a #3 endorsement for the application of herbicides and or pesticides to a Forested environment

5.7.2 Safety Plan The contractor shall prepare and supply a contract safety plan covering the treatments being conducted under this contract. The plan will identify personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew. This plan shall be submitted to the Government at the time of the pre-work conference. Work under this contract shall not commence until the plan is provided. The contractor is responsible for following all applicable state laws, and regulations including OSHA requirements, including the use of specified PPE listed on the product labels.

5.7.3 Spill Abatement Plan As part of the Safety plan the contractor shall also include information on the state certified pesticide applicator license required training on public safety, handling pesticide spills, batching, storing, mixing, application, and personal protective equipment.

5.7.4 Chemical Application Report The Contractor shall complete one or more Chemical Application Reports for each project area treated more than one report may be required if applications are performed during different operational periods. Legal descriptions are provided by the government on the back of each report form to aid the contractor in completing the reports.

SECTION 6 PERFORMANCE REQUIREMENTS SUMMARY

6.1 The government will supply a designated contracting officer representative or a designated inspector to be available during spraying operations.

6.2 Trees will be sprayed on all sides up to a minimum of 50 feet, or to the point where the diameter of the trunk is less than 5 inches in diameter, whichever is less. Depending on the tree size, the amount of spray applied must be sufficient to soak the bark, resulting in wetting of area underneath the bark flakes.

6.3 No deviation from requirements shall be allowed; all trees will be completed 100% satisfactorily.

6.4 The COR and or Inspector will monitor the mixing and application of pesticides this my include the taking water samples to assure correct PH as well as visually inspecting each tree as it is sprayed to make sure application meets specified requirements. This has to be done during spraying as the chemical dries quickly and is very hard to detect after it dries. The COR and or inspector will also monitor resource protection measures as well as equipment clean up at the end of the day for contract compliance.

6.5 Trees not sprayed satisfactorily will be re-sprayed at contractor’s cost.

All exposed roots shall be sprayed to the point of saturation

No spraying within 75’ of water or wet ground

No spraying for two hours after precipitation or when precipitation is expected within the two hour period after treatment

Spraying shall take place when wind speeds are less than 5 MPH

All mixing of pesticides shall take place in areas designated by the inspector or COR

All rinse water and clean up water shall be applied to trees designated by the inspector or COR No pesticide shall be carried over from day to day

All mixing of Pesticide shall take place in the presence of the inspector or COR

All water used in application shall have a PH of 6-7 adjustment may be required

Contractor shall paint mark all completed and accepted trees with a predetermined paint on the butt of the tree

100 % Acceptable level of Performance

No payment will be made for less than 100% AQL

Contractor is responsible for re-inspection costs when inspections exceed two inspections per treatment area

Poor performance rating

All spray equipment shall remain on designated roads at all times unless otherwise directed by COR.

In the event contamination occurs all affected surfaces shall be washed and rinsed as directed by the inspector or COR 100 % Acceptable level of Performance

Poor performance rating

Submittals

5.7.1 South Dakota Applicators Licenses

5.7.2 Safety Plan

5.7.3 Spill Abatement Plan

5.7.4 Chemical Application Reports

All submittals are received at the time of the pre-work conference

A copy of all current South Dakota Department of Agriculture Commercial Herbicide/Pesticide applicators Licenses displaying a certification 3 endorsement

Safety Plan includes identifying personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew.

Spill containment and abatement plan and procedure.

The contractor shall complete in full the “Chemical Application Reports” (Exhibit B) and submit reports to the COR for approval

Legal Descriptions are provided by the Government on the back of Each Report form 100 % Acceptable level of Performance

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions 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/ www.usda.gov/procurement/policy/agar.html

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

QUALITY ASSURANCE SURVEILLANCE PLAN

For Bark Beetle Preventive Spraying

This performance based Quality Assurance Plan (QASP) was developed pursuant to the requirements of the contract performance-based Statement of Work (SOW) for the Black Hills National Forests.

This plan sets forth procedures and guidelines that the Black Hills National Forests will use in evaluating the technical performance of the contractor. A copy of this plan will be furnished to the contractor so that the contractor will be aware of the methods that the government will employ in evaluating performance on this contract and address any concerns that the contractor may have prior to initiating work.

PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

1. Define the roles and responsibilities of participating government officials;

2. Define the types of work to be performed with required end results;

3. Describe the evaluation methods that will be employed by the government in assessing the contractor’s performance;

4. Provide copies of the performance assessment form that the government will use in documenting and evaluating the contractor’s performance; and

5. Describe the process of performance assessment documentation.

ROLES AND RESPONSIBILITIES OF PARTICIPATING GOVERNMENT OFFICIALS

The Contracting Officer’s Representative (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. S/he will have the primary responsibility for completing “Performance Assessment Form (Daily Diary)” which s/he will use to document her/his evaluation of the contractor’s performance. It is extremely important for the COR to establish and maintain a team-oriented line of communication with the contractor’s Project Manager (PM) and office staff in order to perform his/her monitoring functions. The COR, Contracting Officer (CO), and PM must work together as a team to ensure that required work is accomplished in an efficient and proper manner. Communication among parties should be held on a regular basis in order to resolve concerns or problems. Less serious concerns should be discussed and resolved on an impromptu as-needed basis.

METHODOLOGIES TO BE USED TO ASSESS THE CONTRACTOR’S PERFORMANCE

The government, through it’s COR, will be assessing the contractor’s performance on a periodic basis or upon completion of a report. Accordingly the Black Hills National Forests will use a performance assessment review process to monitor the contractor’s performance. The contractor’s performance will be assessed by the COR in terms of the required deliverable products and related services and assessed according to two categories: “acceptable” or “unacceptable”. The criteria for each of these performance levels are outlined below. All products produced or related services performed by the contractor shall meet the level of “acceptable”.

The COR will assess each product or related service in accordance with the following definitions of contractor performance:

· Acceptable – an acceptable level of performance that meets the AQL or minimum standards of performance.

· Unacceptable – a level of performance which is not acceptable and which fails to meet the AQL or minimum standards of performance.

The COR must substantiate all tasks that s/he finds to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected from the contractor.

The COR will forward copies of all completed Performance Assessment forms (Daily Diary) to the CO and the contractor by the close of business on the week the forms are prepared.

ANALYSIS OF PERFORMANCE ASSESSMENT RESULTS

The CO will review each daily diary prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR opinions outlined on the forms. The CO will immediately discuss every instance of receiving an “unacceptable” rating with the contractor to assure that any necessary corrective action is promptly initiated.

At the end of the contract, or as requested, the COR will prepare a written report for the CO summarizing the overall results of his/her assessment of the contractor’s performance during the previous months. This report will become part of the formal Performance Assessment documentation.

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

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Notice To Proceed through May 10, 2018. This period includes the base year plus 2 option years.

52.242-14 Suspension of Work. (APR1984)

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting

Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the

Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

SECTION G -- CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in 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 of a contract claim.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

14. Enforce the warranty provisions

CONTRACTOR’S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract.

SCHEDULES FOR SERVICE CONTRACTS

If Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.

PAYMENT

Payment will be made at the awarded bid item price for satisfactorily completed work. Partial payment may be authorized by the Contracting Officer.

This contract incorporates the Service Contract Act Wage Rates.

DAMAGES

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as - but not limited to, additional COR and Inspector time and travel.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR). No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention –

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations. Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region: Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

WASHING EQUIPMENT

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative or Foreman capable of speaking fluent English.

(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.

SAFETY PLAN

0. The Contractor shall provide a copy of their safety plan at the pre-work meeting.

0. The Safety Plan should be available to all employees and subcontractors working on the contract.

0. The Safety Plan should cover at a minimum:

2. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

2. Personal Protective Equipment required for the work under the contract

2. Appropriate OSHA requirements for the type of work under the contract

2.