AG-7J18-S-17-0007.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

7A86

HOT SPRINGS AR 71901

100 RESERVE STREET

OUACHITA NATIONAL FOREST

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR7J18

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/27/2017 1400 CT

05/25/2017

501-321-5324JAY TOBIN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-7J18-S-17-0007

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 48 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

RUSSELLVILLE AR 72801

605 W MAIN

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

OZARK-ST FRANCIS NATIONAL FORESTS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

OZARK-ST. FRANCIS NATIONAL FORESTS MECHANICAL

HAZARDOUS FUELS REDUCTION SERVICES Per the Schedule of Items and Performance Work Statement

EQUAL OPPORTUNITY CLAUSE

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

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JAY G. TOBIN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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AUTHORIZED FOR LOCAL REPRODUCTION

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REF.

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RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

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 for communication of program information

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(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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48 2 of

AG-7J18-S-17-0007

Ozark-St. Francis National Forests

Vegetative Management - Mechanical Services

MECHANICAL HAZARDOUS FUELS REDUCTION SERVICES

Big Piney Ranger District; Boston Mountain Ranger District; Magazine Ranger District; Pleasant Hill Ranger District; St. Francis Ranger District; Sylamore Ranger District.

OVERVIEW

This solicitation will result in Performance Based, Indefinite Delivery - Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) as best meets the needs of the Government as determined by the awarding Contracting Officer. These contracts will have a base period, which runs through September 30, 2018 and four option years, which if exercised could extend contract performance through September 30, 2022. There is no guarantee that any options will be exercised by the Government.

Individual task orders may be awarded on a single source basis, or competed among MATOC awardees based upon project size, scope and complexity. The Government expressly reserves the right to limit competition in order to meet minimum contract obligations or as may otherwise be determined to be in its best interests. These determinations will be based on price, past performance, technical capability and schedule/availability. Priority status may be adjusted over the life of the MATOC based on performance and adherence to schedule commitments.

Prices are subject to negotiation on any competed task orders.

These contracts will provide mechanically intenstive operations normally accomplished with heavy equipment such as fireline construction, hazardous fuels mulching, snag cutting, and fuels scattering.

Fireline construction task orders may require payment bonds (over $35K) and performance bonds (over $150K).

These task orders will be issued on an SF1442 instead of an SF1449 and include additional construction specific clauses. Davis-Bacon wage determinations would apply, versus Service Contract Act.

The Government reserves the right to adjust the quantity ordered on any task order based on the availability of funds.

Offerors may quote on any or all items for one or multiple Ranger Districts. Offerors may also limit the total amount of work they might accept by addressing any such limitations in their Technical Proposal. When quoting on multiple items, offerors shall identify the priority of those items and the maximum amount of work that may be undertaken.

AUTHORIZED ORDERING ACTIVITIES: Task orders may only be issued by warranted contracting officers or purchasing agents on behalf of the Ozark-St. Francis National Forests.

SCHEDULE OF ITEMS

OZARK – ST. FRANCIS NATIONAL FOREST

BIG PINEY RANGER DISTRICT

Task/Sub-task Estimated Quantity* Unit Base

Year Option Year 1

Option Year 2

Option Year 3

Option Year 4

5.2 FIRELINES

5.2.1.1. Fireline Construction 1 - 20 Mile $ $ $ $ $

5.2.1.2. Fireline Construction 20+ Mile $ $ $ $ $

5.2.2.1. Fireline Reconstruction 1 - 20 Mile $ $ $ $ $

5.2.2.2. Fireline Reconstruction 20+ Mile $ $ $ $ $

5.3. HAZARDOUS FUELS MULCHING

5.3.1. Mulching 1 - 150 Acre $ $ $ $ $

5.3.2. Mulching 150+ Acre $ $ $ $ $

5.4. SNAG CUTTING

5.4.1. Snag Cutting - Low Density

(1 - 30 snags/ acre) 50 Acre $ $ $ $ $

5.4.2. Snag Cutting - High Density

(30+ snags/ acre) 50 Acre $ $ $ $ $

5.5. SNAG AND FUELS SCATTERING

5.5.1. Scattering - Low Density

5.5.2. Scattering - High Density

* Show unit pricing (per mile or per acre) based on indicated quantity

SYLAMORE RANGER DISTRICT

Quantity* Unit Base

Year Option Year 1

Option Year 2

Option Year 3

Option

PLEASANT HILL RANGER DISTRICT

Quantity* Unit Base

Year Option Year 1

Option Year 2

Option Year 3

Option

BOSTON MOUNTAIN RANGER DISTRICT

Quantity* Unit Base

Year Option Year 1

Option Year 2

Option Year 3

Option

MAGAZINE RANGER DISTRICT

Quantity* Unit Base

Year Option Year 1

Option Year 2

Option Year 3

Option

MAGAZINE RANGER DISTRICT

Quantity* Unit Base

Year Option Year 1

Option Year 2

Option Year 3

Option

PERFORMANCE WORK STATEMENT

SECTION I - GENERAL DESCRIPTION

SCOPE OF CONTRACT

The purpose of the proposed contract is to provide an array of mechanical hazardous fuels reduction services to the Ozark-St. Francis National Forests as detailed in the Schedule of Items and this Performance Work Statement.

PROJECT LOCATION

a) The project is located on Ranger Districts of the Ozark-St. Francis NF with headquarters in Russelville, AR.

b) Specific locations, unit data, and maps will be supplied with each task order.

c) Acreages listed on each task order will have been determined by closed traverse, planimeter, or global positioning system (GPS). For purposes of this contract, quantities listed on each task order are considered actual acreage and not an estimate.

PROJECT ACCESS

a) The project area shall be accessed by Forest Service Roads. The Forest Service assumes no obligation to perform any special maintenance in order to keep roads open. Stands are accessible by some combination of 2- or 4-wheel drive vehicle and foot travel.

b) The National Forest’s Motor Vehicle Use Map (MVUM) for the individual Ranger Districts (available upon award) provides open road information. The Contractor will be issued a Forest Service key in order to access those roads that are seasonally closed by gates. Forest Service roads that are permanently closed by earthen berms or some other obstruction will have to be accessed by foot or, if available, UTV.

c) Contractors are subject to the same rules as Forest Service personnel regarding the use of off-road vehicles and must use only utility task vehicles (UTV) or side by sides. These vehicles differ from all-terrain vehicles (ATV) in that UTV payloads run from 800 to 1,350 pounds above the operator/passenger’s weight.

UTV also have roll-over protection and seat belts unlike ATV.

SALVAGE RIGHTS

No salvage rights exist under this contract.

RE-MEASUREMENT

The Contractor may at any time after issuance of a task order request re-measurement of an area in writing.

Payment will be based on the re-measured acreage, except no adjustment shall be made for less than 1 acre.

The Contractor shall pay for the cost of re-measurement if the resultant increase is less than 10 percent. Method of re-measurement will be determined by the Government.

PAYMENT

Payment for performed work will be based on actual acres completed by the Contractor and accepted by the Government.

PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT

Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, understand English, and communicate with his crews.

CONTRACTOR ACCESS

If the contractor must unlock a gate, the Contractor is required to relock the gate upon entry and egress.

EQUIPMENT CLEANING – INVASIVE SPECIES OF CONCERN

(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract or any subsequent task order.

(i) Prior to commencing work on a project, the contractor shall advise the Forest Service of previous equipment cleaning measures and make equipment available for inspection upon request. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2 day period, the contractor may proceed with work as directed by the Contracting Officer (CO)

(ii) If the contractor desires to clean equipment on National Forest land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from CO as to the location for such cleaning and measures, if any, for controlling impacts.

(b) The respective District Offices maintain a current list and maps of areas known by the Forest Service that are infested with invasive species of concern and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(c) The Contractor shall take every precaution necessary to prevent pollution of any stream. All streams shall be kept free of Contractor generated debris. Heavy equipment shall not operate within the streamside management zones as designated by the COR. The COR will designate stream crossings.

(d) Improvements such as fences, gates, property boundaries, corner monuments and trees that are marked or identified with paint, signs, tags, and/or blazes shall be protected by the contractor.

(e) Trees that are located adjacent to roads, fire lines, fences, private property, right-of-ways, or other structures and are designated for treatment shall be severed and felled so as not to damage, lean on, clog or otherwise obstruct existing structures or facilities.

(f) The contractor will notify the COR immediately of any damaged structures and repair damages that have resulted from the contractor’s operations.

(g) Tracked equipment shall be loaded or unloaded onto unimproved roads or within the area to be treated.

(h) Lead off and wing ditch structures that have been constructed for system roads shall be protected.

(i) Some treatment areas will be in very wet areas or undrained flats and will not have vehicle access; vehicles will be prohibited from those areas. It such cases, the task order will include designated parking or access routes.

(j) The Contractor shall take every precaution necessary to prevent digging, gouging and moving soil. The

Contractor shall prevent excessive rutting and compaction by operating his equipment only when suitable soil conditions exist, as determined by the COR or Inspector. The Contractor shall prevent damage to trees left standing.

CLEANING UP: The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer or their designee.

PERFORMANCE TIME: All task orders issued will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion. To facilitate timely inspections, the contractor shall provide the Government of their proposed operation schedule. The contractor shall notify the Government of schedule changes.

All work shall be performed during the time period of one-half hour after sunrise to one-half hour before sunset, Monday through Friday, unless time changes are approved by the COR or Inspector.

SECTION II - DEFINITIONS

2.1 STANDARD DEFINITIONS

TERMS MEANING

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.

Defective Service A unit of service which contains one or more defects, or nonconformance with specified requirements.

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.

Quality Assurance Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS)

Contracting Officer (CO) A person with the authority to enter into, and administer, and/or terminate contracts and make related determinations and findings.

TERMS MEANING

Contracting Officer’s Representative (COR)

A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

Government Inspector A Government person responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP)

An organized written document used for quality assurance surveillance that contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

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

Calendar Days Every day shown on the calendar, Saturdays, Sundays and holidays included.

SECTION III - GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will furnish the following: Project area and vicinity maps that show the general location of the areas on each unit.

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all the equipment, supplies and labor required to successfully accomplish the work outlined in the Performance Work Statement at an acceptable level. The contractor shall also provide proof that the work meets the standards.

Submittals. The contractor shall provide and maintain an acceptable Quality Control Plan, Work Plan, and Safety Plan throughout the life of this contract. The contractor shall make available to the Government any records, materials, and other evidence regarding inspection, testing, and quality control for any work performed under this contract for examination, audit, or reproduction. This requirement also applies to any subcontracts under this contract. The Contractor shall notify subcontractors appropriately and insert this requirement in all subcontracts under this contract.

SECTION V - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE

STANDARDS.GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

NUMBER/DATE TITLE AGENCY

Revision 14 Dated 5/28/02

Wage Determination Number 1979-1136 State: Arkansas

Area: Arkansas Statewide Copy attached

U.S. Department of Labor Employment

Standards Administration Wage and Hour Division

September 2005 Revised Land Management Plan

Available at the following website:

http://www.fs.usda.gov/detail/osfnf/landmanagement/planning/?cid=stelprdb5212891

Ozark-St. Francis NF

June 2011 Government’s Quality Assurance Surveillance Plan Ozark-St. Francis NF

MECHANICAL TREATMENT STANDARDS

Service Contract Act: Provides for minimum wages and other benefits under federal service contracts. The Department of Labor is responsible for enforcement.

Davis-BaconAct: Provides for minimum wages and other benefits under federal construction contracts. The Department of Labor is responsible for enforcement.

Office of Safety and Health Administration (OSHA): Responsible for setting health and safety requirements in the multitude of industries. OSHA is responsible for enforcement.

Legal status of workers in the U.S.: The Department of Homeland Security--Immigration and Naturalization Service is responsible of reinforcing the legal status of workers in the U.S.

MECHANICAL TREATMENTS

5.2 FIRELINES

5.2.1 Construction

The work to be performed under this task is initial construction of fireline to be used during prescribed burning operations or as wildfire mitigation adjacent to private property, and includes constructing water bars and openings.

5.2.2 Reconstruction

The work to be performed under this task is reconstructing existing fireline to be used during prescribed burning operations or as wildfire mitigation adjacent to private property, and includes repairing and/or constructing water bars and openings. Many of these firelines utilize existing road templates. In addition, not all elements such as water bars and openings will require work or if work is needed, will take less time to repair to standard.

Standards

Fireline location will be designated on a map to be included with the task order.

Work will be accomplished with a dozer that has at least a 50 horsepower rating or greater and is equipped with a 6 way blade.

All vegetation, and debris will be removed to bare mineral soil. Width will typically range from 6 to 10 feet, but may be up to 20 feet wide. Width will be designated in task order.

An opening will be constructed approximately every ¼ mile. Openings will be approximately 40 feet wide by 30 feet deep. Locations will be designated on a map included with the task order.

Water bars or rolling dips will be constructed in accordance to Forest Service standard and information will be included with the task order.

Standing dead trees (snags) within two chains (132 feet) on the side of the proposed burn location will be mitigated by one of the following methods: felled mechanically or manually (chainsaw), raked or blown around for a distance of 4 feet in all directions from the base of the snag, exposing mineral soil.

Debris from line construction/reconstruction will typically be deposited on the side opposite the proposed burn unit or mitigation area, exceptions will be designated by COR.

Firelines will be constructed to facilitate use by ATV or UTV during prescribed burn operations.

Fireline construction within 20 feet of a perennial stream and 5 feet of a defined channel will be done manually using hand tools and following these standards:

1. Fireline at least 4 feet wide will be cleared to bare mineral soil, constructed with hand tools such as shovel, council rake, back pack blower, etc.

2. All vegetation and debris, such as leaf litter and needle litter will be removed either to the duff layer or mineral soil as designated by the COR. Overhanging limbs will be removed to give at least 6 ft. of clearance above the fireline.

3. An additional 2 feet on either side of the fireline will be cleared of brush. Overhanging limbs will be removed to give at least 6 ft. of clearance above the ground.

4. Brush will be cut flush and as close to the ground as possible.

5. Debris will be moved to the side opposite the proposed burn location.

6. Perennial streams will be designated on a map with each task order.

5.3 HAZARDOUS FUELS MULCHING

The work to be performed will be to reduce vertical fuels in areas with slopes less than 35 percent or along firelines, forest roads, and private property boundaries in order to decrease fuel height, improve access, and provide a fuel break for prescribed burns and wildfires.

Standards

Utilizing a front mounted heavy duty rotary cutter or mastication head that can be raised or lowered, all standing woody vegetation shall be mulched. Horsepower rating for the equipment should be 90 horsepower or greater.

When working along firelines, roads, and private property lines, trees up to 10” DBH (Diameter at breast height) and standing vegetation will be mulched 6-8 feet from the outside edge of roads, and/or firelines, on both sides.

All stems will be mulched unless they are needed to meet the required basal area for the stand.

As needed, basal area (BA) requirements and species priority for residual trees will be given with each task order.

Within Stream Zones - Retain at least 50 BA of trees greater then 10” DBH. Stream Zones will be identified on a map with each task order.

Leave the more vigorous and larger trees in the residual stand.

Mulch all cedar unless designated otherwise by the COR.

If excessive damage occurs during mulching, a reduction at the current appraised rates will be subtracted from payment.

5.4 SNAG CUTTING

The work to be performed is mechanically cutting dead trees a specified distance along firelines, forest roads, and private property boundaries as part of a planned prescribed burn unit or as a wildfire mitigation project. Equipment can be either rubber tired or tracked with an attached cutting head that is capable of severing trees at the stump that range in diameter from 5 inches up to 26 inches.

Some project areas will have a lower density of snags to be cut per acre (up to 30), while other areas will have a higher density of snags to be cut per acre (30+).

Standards

Typical area of coverage will be 200 feet in from the unit boundary, exceptions will be identified by the COR.

Stumps of cut trees shall be no higher than 8 inches above ground level unless obstructed by rocks, terrain, etc

Limbs on cut trees shall be reduced to within 2 feet of ground level.

Lay cut trees parallel to burn unit boundary so butt of tree is not visible/noticable.

Cutting operations shall not be implemented on slopes exceeding 35 percent or as directed by the COR.

5.5 SNAG and FUELS SCATTERING

The work to be performed is mechanically rearranging standing dead trees (up to 26 inches in diameter) or other vertical fuels and concentrations of ground fuels either by mulching or scattering through other mechanical manipulation within a specified distance along firelines, forest roads, and private property boundaries in a planned prescribed burn unit or as a wildfire mitigation project adjacent to private property. Equipment can be either rubber tired or tracked with an attached implement that is capable of mulching or physically manipulating standing trees/vegetation and fuels on the ground.

Some project areas will have a lower density of snags to be cut per acre (up to 30) and a lighter fuel load to deal with, while other areas will have a higher density of snags to be cut per acre (30+) and a heavier accumulation of fuels.

Standards

Typical area of coverage will be 200 feet in from the unit boundary, exceptions will be identified by the COR.

Fuels that are rearranged/scattered shall be reduced to within 2 feet of ground level.

Rearranging or scattering fuels shall not be implemented on slopes exceeding 35 percent or as directed by the COR.

Standards Applying to All Tasks

Do not cut, mulch, rearrange or scatter fuels where they will impede water flow from lead off or road ditches.

Keep trees from falling on private property. Any damages caused by the contractors to private lands such as but not limited to cutting or falling trees on private property will be repaired by the contractor, and all associated cost will be paid by the contractor.

All debris/trash generated by the contractor will be removed from Forest Service land as work progresses.

Stay out of wing ditches, lead off ditches, and tail ditches with the excavator or other equipment. If damage to these structures occur for this operation, the contractor will have to repair to Forest Service Standards at their cost.

Flaggers and advanced signing will be required to direct or stop traffic when working on open roads. Signing for traffic control shall conform to the “Manual on Uniform Traffic Control Devices”(MUTCD), Part VI- Traffic Controls for Street and Highway Construction, Maintenance, Utility and Emergency Operations”, latest edition.

(http://mutcd.fhwa.dot.gov).

All debris from these activities will be removed from the clearing limits along any State, county, or forest service road.

Contractor will not cut, mulch or otherwise disturb trees located along any property boundary marked with red paint, signs, tags, blazes or other survey information.

Do not cut, mulch or otherwise disturb Ozark chinquapin and other trees designated by the COR.

No fuels will be mulched or rearranged within 5 feet of a defined channel and 20 feet of a perennial stream or spring. If a stream is not identified as a perennial stream, assume it is a defined channel. Perennial streams will be designated on a map that will come with each task order.

QUALITY ASSURANCE SURVEILLANCE PLAN

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement. This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

Define the roles and responsibilities of participating government officials and the contractor;

Identify the types of work to be performed and the inspections to be performed to validate adequacy;

Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task

Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;

Describe the process of performance documentation

The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services. The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The following government officials will participate in assessing the quality of the contractor’s performance.

Their roles and responsibilities are described as follows:

The Contracting Officer’s Representatives (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR/Inspector, if the latter is assigned to the project, will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work.

The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

The Contracting Officer (CO) and will have overall responsibility for overseeing the contractor’s performance.

The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version.

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and or for intermediate inspections as determined at contract award by the COR/CO.

The contractor’s quality control plan/schedule will be modified accordingly and will be one of the bases for the award of the contract.

Task/ subtask# Title When To Be

Inspected What To be Inspected Documentation

Inspection Type (100%/Periodic/

Random)

5.2 through 5.5

Firelines, Mulching, Snag Cutting, Scattering

As work is being performed and at completion of task

Compliance with technical specifications

Contractor Records/ Data/Reports

COR/Inspector Daily Diary

Periodic

Random

D. METHODS OF SURVEILLANCE

The government, through it’s COR, will monitor the contractor’s performance on a continuous basis. The method the government will use is identified in Paragraph C above. The COR/Inspector will first verify the results of the contractor’s inspection, completeness and adequacy of the documentation of the contractor’s inspection results. The government COR will perform periodic independent inspections after the contractor has performed their inspection if questions develop regarding the results of the contractor’s inspections. Results of the independent inspections that differ from the results noted by the contractor on their inspections the costs thereof for the re-inspection costs will be assessed against the contractor.

The contractor shall be required to rework/repair or replace the effort until the quality/ performance standard is achieved.

Inspections will be performed to the schedule submitted by the contractor and approved by the government.

Variances from the schedule must be pre-approved by the CO.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a Form, a Memo for record or an entry in a daily/weekly diary. The form when completed will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Requirements stated in the contract either in section 5 of the Statement of Work (SOW) or in section 7 of the SOW.

The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected and need not be substantiated.

In accordance with Section C above, the contractor shall furnish (weekly, at a minimum) to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form 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’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO will immediately discuss every event receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. At the end of each month, the COR will prepare a written report for the CO summarizing the overall result of his surveillance of the contractor’s performance during the previous month. This report will become part of the formal QA documentation.

3. Upon completion of the contract/task order the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

CONTRACT TERMS AND CONDITIONS

The following FAR Clauses are incorporated by reference. (See www.acquisition.gov/far for full text.)

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-7 System for Award Management. (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction. (OCT 2010) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.246-20 Warranty of Services. (MAY 2001) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined…