AG-82B1-S-10-0204.pdf

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

UNDER DPAS (15 CFR 700)

RATING

DO-

PAGE OF PAGES

1 | 57

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

AG-82B1-S-10-0204

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6/11/10

6. REQUISITION/PURCHASE NO.

371864

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

US Forest Service Intermountain EROC 740 Simms St.

Golden, CO 80401

Same as block 7

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 740 Simms St., Golden, CO 40401 until 3:00 PM local time July 12, 2010.

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

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION

CALL:

Stephen M. Patton

AREA CODE

NUMBER

EXT.

spatton@fs.fed.us

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 28-41

B SUPPLIES OR SERVICES AND PRICE/COST 2-3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 4-10 J LIST OF ATTACHMENTS 42-45

D PACKAGING AND MARKING 11 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 12-13 K REPRESENTATIONS, CERTIFICATIONS 46-53

F DELIVERIES OR PERFORMANCE 14-15 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 16-18 L INSTRS., CONDS., AND NOTICES TO OFFERORS 54-56

H SPECIAL CONTRACT REQUIREMENTS 19-27 M EVALUATION FACTORS FOR AWARD 57

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

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

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

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

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

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

RECOVERY Kootenai NF White Pine Pruning AG-82B1-S-10-0204

ARRA WHITEPINE PRUNING CONTRACT

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

7.1.1 Rice Paddy #21--714.04-009 11 Ac. $_________ $_________

7.1.2 Rice Paddy #20--714.04-027 6 Ac. $_________ $_________

7.1.3 Rice Paddy #19--714.04-028 6 Ac. $_________ $_________

7.1.4 SW Pilgrim #8--717.05-027 27 Ac. $_________ $_________

7.1.5 SW Pilgrim #9--717.05-028 14 Ac. $_________ $_________

7.1.6 SW Pilgrim #10--717.05-029 14 Ac. $_________ $_________

7.1.7 Pilgrim Salvage #2,3,5--717.04-003 13 Ac. $__________$_________

TOTAL QUOTE ITEM 7.1 91 Ac. XXXXXXX $__________

7.2.1 Beaver Peak #2--715.01-003 70 Ac. $__________ $_________

7.2.2 Beaver Peak Resell #1--715.01-031 27 Ac. $__________ $_________

7.2.3 Beaver Peak #9--715.01-033 20 Ac $__________ $_________

TOTAL QUOTE ITEM 7.2 117 Ac XXXXXX $__________

7.3.1 Huck-Stevens #8--722.05-004 11 Ac. $__________ $_________

7.3.2 Tucscor Beecher #5--724.02-022 13 Ac. $__________ $_________

7.3.3 Tuscor Beecher #6--724.02-024 12 Ac $__________ $_________

7.3.4 Tucscor Marten 10, 12--724.04-039 32 Ac. $__________ $_________

7.3.5 Tuscor Marten #9--724.04-040 7 Ac $__________ $_________

7.3.6 Whitepine Flats #1--727.02-022 35 Ac $__________ $_________

TOTAL QUOTE ITEM 7.3 110 Ac XXXXXX $_________

TOTAL PRICE ALL ITEMS $_________

Work

Item

Description of additional work included in the bid price.

Unit of measure

Unit

Price

C.4.1 Road Access and Walk-ins Miles NSP

C.4.7 Resource Protection Acre NSP

Contractors Records, Data and Reports

C.4.11 Quality Control Plan Each NSP

C.4.12 Work Plan and Schedule Each NSP

C.4.13 Camping / Worksite plan Each NSP

* Includes all work items specified in Silvicultural Summary Prescription

NSP - Not separately priced.

B-2 – 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 pruning Western White Pine (WWP) for blister rust control to improve the overall health and condition of a stand based on the prescribed objectives. Pruning will provide opportunity for trees to grow and develop, reducing the incidence of insect and disease that affect growth, and undesirable tree qualities.

C-1.2. Scope of Contract

The solicitation is for pruning of Western White Pine (WWP) 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 June 01, 2011 to September 30, 2011, intermittently, as weather permits. Since this contract will be awarded in 2010, work may begin in 2010, if both Contractor and Contracting Officer are agreeable to starting work early.

C-1.3. Location and Description of Work is located in the Detailed Unit Information Chart and on Project Maps.

Individual Silvicultural Summary Prescriptions were not written for this contract – see Section C.4.4 through C.4.4.2. for pruning specifications.

C-1.3.1 Access. Refer to Government Furnished Property in Section C.3 and Contractor Work Requirements in Section C.4.

C-4.1.1 and C-4.1.2 provides additional information on road access to the treatment areas.

C. 2. DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

Access Point. The point identified for access to the white pine pruning areas.

Blister Rust Infection. This is a bole or stem infection that frequently - but not always – results in an abundant resin flow. Subsequent cankers often have a discolored area surrounding the dead bark (usually dark-grayish-brown to greenish-yellow color). Sometimes a bole or stem infection needs to be moistened to see it clearly.

Also, in the aecia state, bright orange fruiting bodies may be present.

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 at the time of award.

Contract Time. See Period of Performance.

Crown Class. Any class into which trees of a stand may be divided based on both their crown development and crown position relative to crowns of adjacent trees.

Cull Trees. This specifically defines diseased culls; (a) Trees with a blister rust infection on a branch closer than

6 inches to the bole. (b) Trees with blister rust infection on the bole itself.

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.

Deficiency (or discrepancy). Trees that should have been pruned to maintain the number necessary for a consistent average number of trees pruned per plot; and/or, trees that are excessively damaged by the pruning operation (operational damage).

Desirable Leave Tree Characteristics. A tree that has no damaging agents which will affect its growth and survival. And, the tree is relatively vigorous for its age as evidenced by past growth rate or crown condition.

Detailed Unit Information Chart (DUIC). This detailed chart is in lieu of individual Silvicultural Summary

Prescriptions and shows attributes for each individual item and well as other needed information, such as road closures, walk-ins.

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.

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

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

Excess Trees. Unpruned trees that, according to specification should have been pruned.

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.

Improperly Pruned Tree. A tree that was improperly pruned, i.e. leaving limbs that should have been pruned;

not severing a branch completely or close enough to the tree and not pulling back, by one foot, the pruned branches from the bole of the tree.

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

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

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

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.

Pruning. The severing of all limbs, live or dead, from the bole, and trunk, of a selected tree to a specified pruning height. See the Detailed Unit Information Chart (DUIC) for specifications.

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. Any vegetation that was cut by the contractor or previously cut by a pre-commercial thinning contractor.

Unsatisfactory Tree. Failure to prune 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:

Item Description Where, When, How

3.1 Project Maps Maps of units with access roads

identified. Suggested access to walk-in units identified.

Provided in Section J, Exhibit 01.

3.2 Detailed Unit Information

Chart, (in lieu of individual

Silvicultural Summary

Prescriptions)

Detailed chart stating treatment for each unit or item.

Provided in Section J, Exhibit 02.

3.3 Access Roads Access as indicated on project maps

for standard 2 or 4 WD vehicles.

Provided in Section J, Exhibit 01.

3.4 Access behind locked

gates

Some units are behind Forest road closures (locked gated). The

Government will provide a permit and key to the Contractor. Refer to

C-4.1.

See C-4.1.1 for specific restrictions and requirements.

3.5 Wage Determination Sheet J1

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. Access roads will be cleared by the Government before, and if needed, during, the life of the contract. No access will be allowed behind locked gates from October 24 through November 7, due to the first two weeks of hunting season. Some roads may be restricted until November 30. 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 or ATV.

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, firewood removal or mushroom picking is permitted behind locked gates.

C-4.2. Tree Thinning. Not Applicable.

C-4.3. Girdling. Not Applicable.

C-4.4. Pruning. Whitepine pruning is being done to prevent or reduce White Pine Blister Rust infection. Basal and lower stem cankers are most often the cause of mortality in sapling sized Western White Pine. Pruning will be required on all white pine within the unit. Pruning will be done down to the lowest branch. Slash and pruned branches will be pulled back, one foot, around the base of the pruned tree. Pruning shears will be required in order to limit bole damage on these trees. No pruning by chainsaws will be allowed.

C-4.4.1. Selection of White Pine Trees to be Pruned.

(1) All items have been pre-commercially thinned within the last 5 years.

(2) The Contractor shall prune all White Pine except when one or more of the following occurs:

i. The White Pine is less than 6 feet tall.

ii. The White Pine has a Blister Rust infection on the bole or branch infection is less than 6 inches from the bole.

iii. Tree is otherwise a cull tree.

C-4.4.2. Pruning Methods.

(1) Pruning Height – Prune ALL branches in accordance with the following:

i. White Pine trees under 16 feet in height, but no less than 6 feet: Prune to 50% of the tree height, leaving a minimum of four (4) whorls of branches.

ii. At a MINIMUM, the remaining live crown should be 50 percent of the trees height after pruning.

iii. White Pine trees 6 to 16 feet in height: All branches within the lower one-half to two-thirds of the bole shall be pruned. Example: A White Pine approximately 10 feet in height will require pruning all branches on the lower 5 to

6 feet of the bole.

iv. White Pine trees over 16 feet in height: All branches within the lower nine (9) feet of the bole shall be pruned.

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

vi. Any slash will be moved one (1) foot away from the bole of the pruned tree.

(2) Removal of Live and Dead Limbs – All live/dead limbs shall be completely severed from the tree as close to the bole as possible without cutting into the branch collar. Leave approximately one-quarter inch of the branch beyond the branch collar (refer to Section J for diagram). All live/dead limbs must be completely severed so as to leave a flat cut surface.

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

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

(3). Double-Trunked Trees – Both trees shall be treated as one. Either both shall be selected and pruned in accordance with C-4.4.1. and C-4.4.2. or both shall be left un-pruned.

(4) Self-Inspections.

i. Contract Inspector shall perform a 1/50 th of an acre plot for every two (2) acres pruned.

ii. Contract Inspector will oversee pruning quality of each crew member on an on-going basis for the first several days of the contract to ensure that contract specifications are being met by each crew member.

iii. Pruners shall strive for 93% quality.

iv. Inconsistent or unacceptable performance shall be re-worked until contract specifications are met.

C-4.6. Slash Treatment. Slash created by the Contractor shall be scattered away from the bole of pruned trees so that pruned branches are not in contact with the bole.

C-4.6.1. Slash created by the Contractor shall be removed from the road prism of access and other roads designated on the Project Maps ( see Section J, Exhibit 4)

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-4.8. Salvage. No salvage will be permitted.

C-4.9. Not Applicable

C-4.10. Not Applicable

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.

Work Statement

Performance Standard

Gov‟t Method of Assessment

Incentive/

Deduction Pruning C-4.4.

C-4.4.1 and C-4.4.2.

In lieu of individual Silvicultural Summary Prescriptions

Pruning Quality meets or exceeds performance standard of 93%.

COR or inspector conduct periodic monitoring and random plots .

The Contractor’s quality will be reflected in the performance assessment either positive or negative.

If Contractor achieves 93% or greater quality, the Contractor will receive unit price as incentive.

If Contractor does not achieve 93% quality, deductions as per Section G. Adverse performance assessment.

Slash Treatment C-4.6 and C-4.6.1.

Meets slash treatment requirements.

COR or Inspector conduct periodic monitoring to ensure pruned limbs are removed properly.

Rework required if Contractor fails to meet standard.

http://www.fs.fed.us/im/directives/field/r1/fsh/2409.17/2409.17_6-6.17.rtf http://www.fs.fed.us/im/directives/field/r1/fsh/2409.17/2409.17_6.2-6.4.rtf http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

Work Statement

Performance Standard

Gov‟t Method of Assessment

Incentive/

Deduction Quality

Control

C-4.11

Contractor maintains good quality control on all aspects of operation

Actions not consistent with contract specifications are corrected as per the

Quality Control Plan.

COR or Inspector randomly sample and observe operations.

These inspections will occur during operation.

The quality of Quality Control provided by the Contractor will be reflected in the performance evaluation as either positive or negative incentive.

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.

Contractor‟s plot inspections are +/-5% of Government‟s quality. Inspection completed to meet timeframes.

COR or inspector randomly observe Contractor inspection or review plots after they are done and compare to surrounding work not in the plot. Review Contractor inspection sheets.

The ability of the Contractor to meet the standard will be reflected in the performance evaluation as either positive or negative incentive.

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 meets schedule per the accepted work plan.

COR and inspector conduct periodic monitoring.

The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance evaluation as either positive or negative incentive.

Work not completed on schedule is subject to

Default and may result in assessment of actual costs.

SECTION D--PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

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 with flagging.

E-2.2.2. The Contractor shall provide written inspection data by unit that meets contract requirements. The

Contractor shall use the Pruning Inspection Plot Form provided in Section J, Exhibit 3..

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. Quality Calculation

(1) Pruned trees within the unit will be inspected. The following deductions will be made:

(i) Improper tree selection (T) One (1) deficient tree

(ii) Improper Pruning Height: Too high/low (H/L) One (1) deficient tree

(iii) Missed Limbs (M) One (1) deficient tree

(iv) Stub Length Too Long (S) .25 (1/4) deficient tree http://www.arnet.gov/far

(v) Operational Damage (O) .25 (1/4) deficient tree

(vi) Improper or No Slash Pull-back (SP) .50 (1/2) deficient tree

No deduction or combination of deductions shall exceed one full deduction per tree.

The following calculation will be used to determine Pruning Quality:

All computations will be carried to at least thousandths (.000) and the final percentage of pruning quality as calculated above will be rounded to the nearest whole percent.

E-2.7. Acceptance. The Contractor’s Quality Control inspections for 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 pruning 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.

1.00 – No. of deficient trees X 100 = Quality % (No. of trees that should have been pruned)

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 time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Item Estimated Beginning Date Acres Contract Time

7.1 **June 01, 2011 91 acres 40 calendar days

7.2 **June 01, 2011 117 acres 45 calendar days

7.3 ** June 01, 2011 110 acres 45 calendar days

** Since this contract will be awarded in 2010, work may begin in 2010, if both Contractor and CO are agreeable to starting work.

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 pruning 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.

http://www.arnet.gov/far

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. Pruning 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, 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 treated.

F-4.2. 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.

Section G – Contract Administration Data

G-1 - Contract Administration

(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the

Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference.

The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

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 pink and black 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 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.

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-3.3.4. 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. For each powersaw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

H-2.5.4.1. Any fueling or refueling of a powersaw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw or auger shall be moved at least 10 feet from place of fueling before starting.

H-2.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H-2.5.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H-2.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H-2.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan.

Such fires must not be left burning unattended.

H-2.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H-2.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

H-2.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

H-2.5.11.1. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the

Government will provide the patrolman.

H-2.5.12. Pump and Trailer. Not required.

H-2.5.13. Burning. Before starting any open burning, the Contractor shall comply with the following:

a. Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

b. Obtain a burning…