0120 Sch B - M.docx

TSI inspection plot form

AG-82B1-S-09-0120 Cabinet Ranger District Thinning and Piling

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST

TREE THINNING and HAND PILING Kootenai National Forest - Cabinet Ranger District

B – 1 SCHEDULE OF ITEMS

All items, or a combination of the following items, may be awarded.

Subitem Stand Number and Area Quantity Unit Unit Price Total

TOTAL PRICE ALL ITEMS $_________

Work Item Description of additional work included in the bid price.

Price

Contractors Records, Data and Reports

* Includes all work items specified in Silvicultural Summary Prescription NSP - Not separately priced.

B -2 SITE VISIT

The following sites were viewed prior to submitting this quotation (please check the applicable units):

Item 7.1.1

Item 7.1.2

Item 7.1.3

Item 7.1.4

Item 7.1.5

Item 7.1.6

Item 7.1.7

Item 7.1.8

Item 7.1.9

Item 7.1.10

Item 7.1.11

Item 7.2.1

Item 7.2.2

Item 7.2.3

Item 7.3.1

Item 7.3.2

Item 7.3.3

Item 7.3.4

Item 7.3.5

B-3 – AWARD DETERMINATION - AWARD WILL BE MADE BY ITEM. Offers will not be accepted for quantities less than those specified for each item and must be submitted for the total item.

B-4 - INCIDENTAL PAYMENT ITEMS. The intent of the contract is to provide for the completion of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay sub-items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

SECTION C - SPECIFICATIONS

C. 1. INTRODUCTION

C.1.1. Background

The Forest Service is in need of pre-commercial tree thinning and hand piling activities to reduce the tree density and, by the deliberate selection of leave trees, improve the overall health and condition of the stand based on the prescribed objectives. Tree selection and cutting of undesirable or excess trees will provide space for the leave trees to grow and develop, reduce the incidence of insect and diseases that affect growth, and undesirable tree qualities. (See Section C.4.6.1 herein for the procedure for disposition of cut trees.)

C.1.2. Scope of Contract

The solicitation is for tree thinning and hand piling activities on the Kootenai National Forest, Cabinet Ranger District. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished), and incidentals to perform all work necessary on the areas specified. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire unit.

C.1.2.1. This is a Firm-Fixed Price contract.

C.1.2.2. The period of performance will be from award, approximately November 16, 2009 to May 10, 2010, intermittently, as weather permits.

C.1.3. Location and Description is located on the Silvicultural Prescriptions and contract maps.

C.1.3.1 Access. Refer to Government furnished services in Section C.3 and Contractor requirements in Section C.4.

C.4 provides additional information on access to the treatment areas.

C. 2. DEFINITIONS

Access Point. The point identified for access to Timber Stand Improvement (TSI) areas.

Acceptable (Stocking) Density. The number of trees between the, minimum and maximum specified in the Silvicultural Summary Prescription.

Branch Collar. The basal enlargement of a branch.

Bole. The trunk of a tree.

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

Canker. A spreading white pine blister rust infection.

Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer

Competitive Area. The area used for comparison of potential leave trees (Best tree selection) of the same species. The radius of the competitive area is 100 feet.

Contract Time. See Period of Performance.

Crop Tree. Trees that will be a component of a future commercial harvest or managed into the future. In this contract, it is interpreted as the trees specified in the Silvicultural Summary Prescription that are of preferred species, free of insect or disease infection, or if it is present does not threaten the tree survival or growth, exhibits leader dominance and growth, exhibits little or no damage that affects tree survival or growth, and has crown ratio of greater than 40% (ratio of crown to overall length).

Damage. Defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumference of the tree.

Decision Area. An area that is evaluated to determine the appropriate number and species of leave trees. The Decision area is 17 feet (1/50 acre) unless specified otherwise in the Silvicultural Summary Prescription.

Deficiency (or discrepancy). Trees that are unsatisfactory either because they were cut and met the requirements for aleave tree or were not cut and should have been. There are three categories of deficiencies described in the thinning inspection procedure (Section J).

Category A deficiencies – cutting trees that should not be cut or damaging selected leave trees. These are non-correctable errors.

Category B deficiencies - leaving trees that should be cut. These are excess trees and are correctable errors.

Category C deficiencies – other types of errors such as not completely severing trees from stumps, leaving small trees, and other errors as described on the inspection form.

Desirable Leave Tree Characteristics. Trees that are desirable to be leave trees have the following characteristics:

· Straight stem

· Small branch diameter

· Good coloration

· Well-formed crown

· Branches horizontal or slightly angled to bole

· Free of insect or disease damage and/or symptoms.

· Vigorous annual terminal growth (especially in last 1 to 3 years)

· Crown ratio is 40% or larger.

Characteristics of trees that are not desirable for leave trees:

· Multiple tops

· Poor crown form

· Crook or seep in bole

· Dead or broken tops

· Poor coloration

· Large branch diameter

· Presence of insect or diseases

· Branches more than 45 degrees from horizontal

· Physical or mechanical damage

· Suppressed

· Poor annual growth

· Sucker limbs

Diameter Breast Height (dbh). The diameter of the trunk measure at a point 4-1/2 feet above the ground level on the uphill side of the tree.

Dominant Tree. Tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

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

Duff Layer. The partly decayed organic matter on the forest floor.

Excess Trees. Uncut trees that, according to specification should have been cut. Trees not severed from the stump, hang-up trees, and stumps with live limbs. When girdling or pruning is required, excess trees also includes trees not girdled or trees not pruned that, according to specification, should have been girdled or pruned.

Girdle. A cut through the bark and cambium tissue that completely encircling the tree trunk for the purpose of killing the tree.

Healthy Conifer. Trees that are growing well, exhibited by good leader growth, green foliage, and at least 40 percent crown ratio (ratio of crown to overall length), has upright growth form, absence of forking or broken tops, absence of mortality causing diseases or insects in the terminal buds.

Hang-up Tree. Any cut tree suspended more than 2 feet off the ground.

Improperly Cut Tree. A tree that was cut that should have been a leave tree based on contract specifications. Also includes any leave tree that was damaged by the contractor’s operations. This is considered a Category A deficiency and is not a correctable deficiency.

Inspection Procedure. The plot inspection procedure described in Section J. Used to determine quality of work.

Leave Trees. Any tree that is selected or required to be left standing according to requirements in Section C.4.

Leave Trees Per Acre. The numbers of leave trees within one acre. Generally referred to average leave trees per acre calculated from one or more plot samples.

Number of trees per plot X reciprocal of plot size = leave trees per acre and Total trees on all plots X reciprocal of plot size = leave trees per acre Total no. plots taken

Live Limb. A limb 6 inches or longer that has green needles attached.

Maximum Cut dbh. Maximum dbh required to be cut is 6 inches unless designated otherwise in the silvicultural summary prescription.

Missing Leave Trees. Trees cut that should have been selected as a leave tree.

Minor Damage. Trees with damage, however, the crooks in the trunk are offset less than 3 inches from the long axis and within 13 feet of the ground, or bark damage to less than one-fourth the circumference of the tree. Trees with forks or broken tops are not considered to have minor damage.

Period of Performance (or Contract Time). The number of calendar days allowed in the contract for completion of contract work or calendar date that the work shall be completed by.

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

Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Slash. Trunks of cut trees, and/or limbs created by the Contractor’s operations.

Small Trees. Trees to be cut that are taller than the minimum tree height to cut and shorter than the “small tree height” specified in the Silvicultural Summary Prescription.

Spacing. The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree. Average spacing is calculated from the leave trees per acre.

Stream Course. The area with water running in it or where seasonal runoff creates erosion.

Special Protection Area. A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Refer to the Silvicultural Summary Prescription for required practices.

Surplus Tree. A tree that is left in the unit that is in addition to the other satisfactory leave trees and is larger than those defined as small trees. It is not counted in the acceptable tree per acre calculation but does contribute to the total trees per acre on the unit. A surplus tree is coded as S3 or S4 trees in the inspection procedure.

Unsatisfactory Tree. Cutting of a tree that fails to meet contract standards includes but is not limited to:

(1) Cutting the wrong tree, failing to cut a correct tree, failure to completely sever a live limb, etc.

(2) Failure to girdle a tree that meets the specifications is also an unsatisfactory tree.

Unsatisfactory trees are considered a deficiency or discrepancy in contract inspection.

Whorl. The arrangement of limbs in a circle around the bole of the white pine tree.

C. 3. GOVERNMENT FURNISHED PROPERTY

The property and services that will be provided by the Government are as follows:

3.6 Wage Determination Sheet

Attachment J2

C. 4. CONTRACTOR WORK REQUIREMENTS AND STANDARDS

C.4.1. General

C.4.1.1. Road Access. The Contractor may access the units from forest roads indicated on project maps. Some units require the Contractor to walk; access is to the access point noted on project map. After initial clearing of the access roads by the Government for the show-me trip, the Contractor shall clear any subsequent falling of trees that block roads needed to access units. No access will be allowed behind locked gates October 24 through November 30. Any other access issues that arise will be discussed at a pre-work.

C.4.1.2. Walk-in areas. Units indicated as ‘walk-in’ units on the maps cannot be driven to by vehicle.

C.4.1.3. Locked gates. In cases where units are behind locked gates, the Contractor shall close and lock gates (see C.3.4) after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the unit with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

C.4.2. Tree Thinning. Thinning reduces the density of a sapling stand and by purposeful selection of leave trees improves the stand composition and condition as prescribed for each individual unit.

C.4.2.1. Selection of Satisfactory Leave Trees. Satisfactory leave trees contribute to the acceptable density computation . All satisfactory leave trees are larger than the “small tree” described in the prescription; if there are no small trees specified, then they are taller than the specified minimum cut tree height.

The Contractor shall utilize the Silvicultural Summary Prescription (Section J), characteristics of desirable leave trees (refer to definitions C.2) and requirements in this section for selecting the leave trees. The prescription is based on the overall composition and condition of the stand and is intended to be a guideline for achieving the desired final condition. The Contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease, or animal damage problems and report them to the Contracting Officer. Major problems and treatment are described in the silvicultural prescription. In areas with root rot, the leave tree priorities shall be changed putting DF and GF on the bottom of the crop tree priority list. Girdling shall be done in areas specified in the Silvicultural Summary Prescriptions. In areas with mistletoe where girdling is not specified, whatever the species of the infected tree, (including trees adjacent to the stand) that species shall be dropped to the lowest priority on the leave tree preference list, for a radius of 66 feet from the infection. The Government, at the suggestion of the Contractor, may revise prescriptions with approval by the Contracting Officer. Alternate prescriptions must meet the overall stand objectives to be considered by the Contracting Officer.

No Pacific yew, if present, shall be cut (in form of brush or tree). If Pacific yew is discovered, the contractor shall inform the Contracting Officer’s Representative of its location.

The acceptable density, preferred species, and unique unit requirements for selecting leave trees are defined in the Silvicultural Summary Prescription.

C.4.2.1.1. Best Tree in Competitive area leave tree selection. Leave trees shall be selected from trees that have potential for being a crop tree. The trees having the potential for crop trees are rated in relation to the optimal tree of the same species and age in the Competitive area. The selected leave trees shall be those that have the highest rating in the decision area. The number of leave trees to be left in the decision area will depend on the acceptable stocking density. (Example: 1/50 of the acre decision area will have a range of 7 to 9 trees when the acceptable stocking density is 350-450 trees per acre.) When there is more than one tree rated the highest for its species for species in the decision area, the selection shall be based on the species preference list. Selected leave trees shall have the best form and vigor, be of a species listed in the species preference in the Silvicultural Summary Prescription, and be within the acceptable stocking density. The characteristics of desirable leave trees shall determine trees to be cut, but defects are acceptable for a particular leave tree if it is the best selection within a decision area.

C.4.2.2. Other leave trees. In addition to the leave trees described in C.4.2.1, the Contractor shall leave trees larger than the maximum dbh, and other “trees to be ignored” as described in the Silvicultural Summary Prescription. Thinning quality will reflect the failure to leave these trees.

C.4.2.3 Cutting trees not selected as leave trees

C.4.2.3.1. All trees not designated as leave trees that are taller than the minimum cut tree height shall be cut. Leave trees shall not be damaged in the operation.

C4.2.3.2. All cut trees shall be completely severed below the lowest live limb except when prevented by natural obstacles. This will prevent the tree from growing new vegetative material. A live limb is a limb at least 6 inches long with green needles attached. Cut trees shall be secured so they do not roll down hill and shall not be hung up on other trees or vegetation.

C.4.2.3.3. Trees defined as “small trees” in the prescription shall be cut however there is a greater tolerance for failure to cut these trees than larger trees. Small trees that are not cut are considered a Category C deficiency. Refer to the Silvicultural Summary Prescription for the maximum number of small trees allowed.

C.4.2.3.4. Stump height shall not exceed 6 inches above the ground level or 4 inches above natural obstacles.

C.4.3. Girdling. Girdling deliberately kills the treated tree, leaving it to become a snag. The Contractor shall select and girdle trees specified in the Silvicultural Summary Prescription. Girdling shall be two band(s), deep enough and wide enough to ensure death of the tree.

C.4.6. Slash Treatment. Reduction of slash created in TSI operation to acceptable conditions.

C.4.6.1. All trees shall be completely severed from the stump. Stump height shall not exceed 6 inches above ground level or 4 inches above natural obstacles. All thinning slash shall be placed on or near the ground surface so that it will not lean against an uncut tree, stump, log or any obstacle. It shall be secure and not able to roll down the hill.

C.4.6.2. Slash treatment shall be concurrent and progressive with the thinning. The Contractor shall not move onto a new unit without completion of all slash treatment.

C.4.6.3. All trails indicated on the project maps and all open roads within or adjacent to the unit shall be kept free of slash at all times. All contractor created slash shall be removed from the edge of the trail for a distance of three (3) feet.

C.4.6.4. The following improvement and developments shall be free from slash created by the tasks in this contract:

(1) Road prisms (Exhibit 05, Sec J) shall be kept clear of thinning slash on access and other roads indicated on the project work maps.

(2) Culverts for a distance of 10 feet.

(3) Improvements such as unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners.

(4) Stream courses as required in Resource Protection (below).

C.4.6.5. Hand Piling. All units in this solicitation are required by the Silvicultural Summary Prescription to be hand piled. Piles shall be constructed to facilitate full consumption when they are burned. Piles shall be located to minimize damage to residual trees when the piles are burned. See Silvicultural Summary Prescriptions for hand piling specifications for each unit.

C.4.7. Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work.

C.4.7.1. Existing Facilities. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, erosion dips, barriers and drainage, developments and streams and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

C.4.7.2. Stream courses. The Contractor shall within 50 feet of the stream restrict vehicle travel and fueling of saws. Trees shall be directionally felled away from the stream course

C.4.7.3. Soil Erosion. Precautions shall prevent gullying of roads and skid trails within and adjacent to the contract area, and protect vegetative cover, soil, and water resources.

C.4.8. Salvage

C.4.8.1. Salvage material is available to the Contractor with approval by the Contracting Officer; when other contract work is progressing as scheduled; and removal will be completed prior to expiration of the contract time Any such material shall become property of the Contractor on a salvage rights basis. Rights to any material not removed from the project prior to expiration of contract time shall revert back to the Government.

C.4.8.2. The Contractor shall provide a general salvage plan with the technical proposal, which addresses the intent to salvage and general conditions. Based on items awarded, the Contractor shall provide a more detailed plan after contract award. The general plan shall address:

(a) Identification of material to be salvaged and number of loads to be removed.

(b) Name of salvage operator and all employees.

(c) License number and vehicle description of all trucks that will be hauling salvage material.

(d) Approximate date salvage and hauling will be accomplished.

C.4.11. Quality Control. The Contractor shall prepare a Quality Control Plan as described in Section E. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C.4.12. Work Plan and Schedule. The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the Work Plan when work is in progress and the Contracting Officer may accept the updated Work Plan.

C.4.13. Camping and Worksite Conditions. The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions shall be consistent with the requirements of Section H, Section I, and supplementary attachments in Section J.

C.4.14. Communications. The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor’s representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

C.4.15. 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.

C. 5. STANDARDS

C.5.1. (Non-mandatory use) Forest Service Handbook, R1 Supplement 2409.17-99-1 (effective 4/12/99), Chapter 6 - Timber Stand Improvement available at http://www.fs.fed.us/im/directives/field/r1/fsh/2409.17/2409.17_6-6.17.rtf and www.fs.fed.us/im/directives/field/r1/fsh/2409.17/2409.17_6.2-6.4.rtf This reference is not mandatory but provides additional information that may be useful to potential offerors in preparation of their proposal.

C.5.2. OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25 is available at http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

C. 6. PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

deduction

Tree Thinning, C.4.2 Girdling C.4.3

and Section J.

· The Contractor’s quality will be reflected in the performance evaluation either as positive or negative incentive.

· If Contractor achieves 90% or greater quality, the Contractor will receive unit price as incentive.

· If Contractor does not achieve at least 90% quality, deductions as per Section G and adverse performance evaluation.

Slash Treatment C.4.6 Hand Piling C.4.6.5 Meets slash treatment requirements.

All units will be hand piled according to Silvicultural Summary Presciptions

Quality Control C.4.11

· If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation.

· When Contractor’s plot inspections meet standards, no deduction.

· If quality does not meet standard, pay deduction (Section G) and/or additional costs to the Government will be assessed.

Work Plan and Schedule C.4.12.

· Work not completed on schedule is subject to Default and may result in assessment of actual costs.

SECTION D – PACKAGING AND MARKING LEFT BLANK

SECTION E - INSPECTION AND ACCEPTANCE

E. 1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far

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

E. 2. CONTRACTOR QUALITY CONTROL PLAN

E.2.1. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within10 days of contract award based on items awarded to the Contractor and Government comments.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage.

E.2.2 Plot Inspections. The Contractor shall maintain a plot system that provides an unbiased sample of thinning quality, release quality and girdling and which represents the entire area treated. The Contractor shall sample at least 1-percent of the treated area, with a minimum of 5 plots per unit/pay item. A 1/50 acre plot size shall be used during inspection.

The Government may observe or re-inspect the Contractor’s plots at any time.

E.2.2.1. The Contractor shall mark and identify each inspection plot on the ground.

E.2.2.2. The Contractor shall provide written inspection data by unit that meets contract requirements and a sketch map with plot locations. The Contractor shall use the Thinning Inspection Plot Form and inspection forms for other work that are provided in Section J.

E.2.2.3. All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. The person who conducted the Contractor’s inspection shall sign and date each sheet and certify that the inspection records are complete and accurate.

E.2.3. The following calculation will be used to determine Tree Thinning Quality:

Quality = 1- Improper Cut or selected trees “Cat A” + Excess Trees “Cat B”

X Percent Satisfactory Trees left (S1, S2) up to maximum + Non-stocked spots (N1,N2) All computations will be carried to at least thousandths (.000) and the final percentage of thinning quality as calculated above will be rounded to the nearest whole percent.

Trees in excess to the maximum number of acceptable trees will be considered unsatisfactorily selected trees (Category B). Thinning quality will reflect the deductions for improperly selected or cut trees and improper treatment.

E.2.4. The following calculation will be used to determine the trees per acre of Category C deficiencies on the unit.

Cat C trees per acre = Total Category C on plots x Reciprocal of plot size Number of plots

E.2.6. Slash Treatment quality must reflect full compliance with requirements.

E.2.7. Acceptance. The Contractor’s Quality Control inspections for thinning and pruning will be considered acceptable when they are be within 5 percent of the Government quality assurance results.

E.2.7.1. The Contractor’s quality control will be deemed unacceptable when the Contractor fails to provide tree thinning within 5 -percent of the Government’s quality assurance results at the completion of a unit. When the Contractor’s quality control is unacceptable, payment for the unit will be based on the results of the Government’s quality assurance (G.3.1.).

If the Government’s results are objectionable to the Contractor, the Contractor may request a re-examination in writing, within 5 calendar days after receipt of the Government’s quality assurance results. The request shall include documentation that supports that the probability of an error exists. The Government’s re-examination will consist of a 2-percent sample utilizing the same inspection method as the original examination, but new plots will be selected with different plot centers than the plots previously inspected by the Government. If the results of the re-examination are within 5-percent of the Contractor’s submitted quality control results, the Contractor’s results will be considered acceptable and used for pay. If results of the re-examination exceed 5-percent of the Contractor’s submitted quality control results, the Government’s re-examination will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

SECTION F - DELIVERIES OR PERFORMANCE

F. 1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(as): http://www.arnet.gov/far

FAR 52.242-14 Suspension of Work (APR 1984)

F. 2. DELIVERIES

F.2.1. Contract Performance Time and Required Rate of Progress

The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

F.2.2. Contract Time. (See Period of Performance definition). The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract completion date. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

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. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

F.2.3. Unfavorable Conditions. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification during the period October 15 to May 1. When such conditions make work impracticable, or if wind or other conditions create extreme conditions that are unsafe for contract work, and with written request by the Contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer (per Section C) a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

F. 3. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984). 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.

F. 4. ACCEPTANCE AND REWORK

F.4.1. Tree thinning, hand piling and slash treatment

F.4.1.1. When the Contractor’s inspection results are below the performance standard of 90 percent quality based on the Contractor’s quality control inspection and verified by the Government monitoring, and Category B deficiencies (excess trees) contribute to the low quality, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines excess tree deficiency to be minor or an isolated situation that will not result in any material differences in the total number of trees to be left.

F.4.1.2. When the total number of Category C deficiencies exceed the tolerance shown in the Silvicultural Summary Prescription based on the Contractor’s quality control inspection and verified by the Government monitoring, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines the deficiencies to be minor in nature.

F.4.2. Hand Piling and Slash Treatment. Acceptance will be determined based on the Contractor’s quality control inspection and verified by the Government monitoring and will be based on adherence to the specifications stated in the contract. Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

F.4.3. Acceptance. Acceptance will be determined based on compliance with the contract specifications. Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.246-4 Inspection of Services.

F.4.3.1. If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

F.4.3.1.2. The Government will assess the Contractor the actual costs of conducting the additional quality assurance after rework. The Contractor may be assessed actual damages which may include but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging that are incurred during the additional quality assurance.

F.4.4. Work Completed after the performance period. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

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SECTION G - CONTRACT ADMINISTRATION DATA

Note that this section starts with G.2

G. 2. MEASUREMENT

G.2.1. The area to be treated is stated in the Schedule of Items, Section B. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. Boundaries are obvious on-the-ground features (clearcut unit that has become fully stocked with sapling size or smaller trees adjacent to cut or uncut stands of mature trees, roads, etc.). Boundaries are marked with red flagging where expected discrepancies may occur.

G.2.2. Re-measurement. The Contractor may at any time after award request re-measurement of any subitem. The request must be in writing within 10 days after completion of a unit or pay item. The Government’s re-measurement of the unit/sub item will be made within established boundaries.

G.2.2.1. If re-measurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

G.2.2.2. If re-measurement results in a variance greater than 5 percent in the acreage stated in the Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

G. 3. METHOD OF CALCULATING PAYMENT

G.3.1. The Contractor’s Quality Control

For each completed unit, the Contractor’s quality control inspection percentage for tree thinning and pruning will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the Contractor’s quality percentage will be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment as per E.2.6.1. Note that payment for thinning quality will only be made when Category C deficiencies are below the maximum levels described in E.2.

G.3.2. Payment calculation Payment less damages will be based on the following methods.

G.3.2.1. Quality at fully acceptable performance- meets or exceeds 90 percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable, an incentive payment will be made that provides payment at the unit price for the subitem.

Payment Example: With a unit price of $100 and a unit size of 40 acres, the bid price would be $4,000. If the Contractor’s work quality is 95 percent, payment would be $4,000.

G.3.2.2. Quality at unacceptable performance level, less than 90 percent. Whenever the quality of work is below 90 percent based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work is unacceptable and the value of services provided is significantly reduced. Therefore, a deduction will be made for unacceptable performance. For each percentage point that performance quality falls below 90 percent, a 2-percent deduction in unit price will be made. No payment will be made where quality of work is below 70 percent.

Payment Example: With a quality of 85 percent, the deduction would be: 10 percent for quality 85 to 89 percent (5 x 2%) resulting in the Contractor receiving 90 percent of the bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 85 percent quality, payment would be:

$100 x 90% x 40 acres = $3,600.

Payment Example: With a quality of 70 percent, the deduction would be: 40 percent for quality 70 to 89 percent (20 x 2%) resulting in the Contractor receiving 60 percent of bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 70 percent quality, payment would be:

$100 x 60% x 40 acres = $2,400.

G.3.3. Unacceptable Work

G.3.3.1. Any unit, with quality less 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default.

G.3.3.2. When work quality falls below 90 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 80 percent, the area may be separated from the subitem and payment made in accordance with G.3.2.2.

G.3.3.3. Category C deficiencies that exceed the maximum allowance stated in Section F will be considered unacceptable and payment for the unit will not be made until corrections are made consistent with Section F.

G.3.3.4. The Government will document unacceptable work quality in the performance assessment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H. 1. KEY PERSONNEL

H.1.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

· CONTRACTOR REPRESENTATIVE

· FOREMAN/FOREWOMAN

· INSPECTOR

H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3. The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer.

H.1.4. The contract will be modified to reflect any approved changes of key personnel.

H. 2. FIRE CONTROL

H.2.1. Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.2.2. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.2.3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.2.4. An equitable adjustment in contract time may be made for this period.

H.2.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.2.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.2.5.2. and H.2.5.4. below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

H.2.5.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

H.2.5.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.2.5.4. Powersaws.