AG-84M8-S-17-0007.docx

REGION 4 ACQUISITION MANAGEMENT INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE – FOREST SERVICE

REGION 4 ACQUISITION MANAGEMENT

324 E 25TH ST.

OGDEN, UT 84401

FAX (801) 625-5365

SOLICITATION NO. AG-84M8-S-17-0007

OFFERS ARE SOLICITED FOR: REED VALLEY STEWARDSHIP

SET-ASIDE: FULL AND OPEN COMPETITION

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1. SF-33 Request For Proposal (Complete, date, and sign)

2. Schedule of Items (Pages 3-6). (Complete Unit Price and Totals)

3. Technical/Business Proposal. See Section L (Pages 67-70)

4. Representations and Certifications See Section K (Pages 58-63)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE IF MAILING IN YOUR PROPOSAL

Email Proposals are NOT allowed. Offers are due by 2:00 pm MDT on May 24th , 2017.

IT IS REQUIRED THAT ALL CONTRACTORS BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE (WWW.SAM.GOV) PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPPS

Region 4 Acquisition Management 324 E 25th St.

Ogden, UT 84401

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

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

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.

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.

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

15A. NAME AND

ADDRESS

OF

OFFEROR

OFFER (Type or Print)

DUNS:

Email: @ .

15B. TELEPHONE NO.

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

101B Sun Ave NE Albuquerque, NM 87109

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Previous edition is unusable

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension must be requested in writing and may or may not be granted. In accordance with FAR 52.217-5, except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The estimated price range for construction is between $25,000 and $150,000.

Bid Bonds are not required for this project. In accordance with FAR 52.228-13, alternative payment protections are required to cover 100 % value of the construction items identified in this contract.

NOTE: BOND AMOUNT SHOULD BE BASED OFF OF THE TOTAL OF ALL CONSTRUCTION WORK ACTIVITIES AND NOT THE TOTAL PROPOSED PRICE Payment for bond premiums shall not be in addition to the contract price. Include bond premiums under Bid Item 1 - Mobilization. Reference FAR 52.232-5 Payments under Fixed-Price Construction Contracts.

All Contractors must be actively registered in the System for Award Management (SAM) (https://SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will not be considered for award. Registration in SAM is a free service – you do not need to pay to register in this system.

MANDATORY WORK ACTIVITIES

QUANTITY

Subtotal for Item 1

Subtotal for Item 2

Subtotal for Item 3

LS

Subtotal for Item 4

(Prehaul, During Haul, Post Haul)

LS

Subtotal for Item 5

Subtotal for Item 6

Subtotal for Item 9

Total of all Mandatory Service Items

* Designated Method of Measurement:

AQ - Actual Quantities, LSQ - Lump Sum Quantities

B.2.2 OPTIONAL WORK ACTIVITIES:

OPTIONAL WORK ACTIVITIES

QUANTITY

Subtotal for Item 7

Subtotal for Item 8

Total Optional Service Items

Total Mandatory Mandatory Items + Optional Items

B.2.3 TIMBER OR OTHER PRODUCTS REMOVAL PRICE SCHEDULE:

B.2.3 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER

Aspen, White Fir & Other (Cutting Units 12-18)

Sawtimber

1350.40

CCF

$10.81

Standing Dead All species (Cutting Units 1-18)

Timber Subject to Agreement (Cutting Units 1-18)

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Option Work Activities and Timber or other products Removal Price Schedule.

The Government will evaluate offers for award purposes by adding the total price offered for any Base Items (Items B.2.1) and Optional Items (Item B.2.2) proposed. For award of optional items, see FAR clause 52.217-7.

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-2.1 will be made in Stewardship Credits in lieu of cash until enough credits have been established to cover the timber/product removal, after which time payment for Land Management Work Activities will be made with appropriated funds. All Mandatory Work Activities shall be performed. Option activities are listed in order of planned priority. Award may be made for option items in any order that the Contracting Officer determines is in the best interest of the Government.

SECTION C – PROJECT DESCRIPTION AND WORK SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items C.1 AGAR 452.211-3 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 Project Description

a) Description of Work – The Reed Valley Stewardship Project is located on the Cedar City Ranger District of the Dixie National Forest encompassing the area indicated on the Project Area Map (which includes Contract Area Maps) Restoration objectives for the project area are summarized as follows:

· Improve Forest Health by harvesting dead and dying trees and thin pre-commercial trees

· Aspen Regeneration and Improvement.

· Road reconstruction.

· Temporary road construction and decommission

· Road maintenance and improvements

To accomplish these objectives, the contract includes the following components: stand thinning, timber removal and roads.

(b) Resulting Contract – Any resultant contract will be a Construction contract with requirements for timber removal.

(c) Project Location – Project is located in Township 37 South, Range 8 West, Sections 1, 2, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23.

C.3 Specifications Specifications for each Stewardship Activity individually described by an item number in Schedule B pages may be found in Appendix A. Specifications for timber removal may be found in Appendix B. Road Maintenance plans and specifications may be found in Appendix C. Road Construction plans and specifications may be found in Appendix D.

C.4 Contract Area Map The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause(s) contained in Section I of the contract.

NONE

C.6 Operating Plan and Schedule:

The Contractor will provide, as part of the technical proposal, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F.5. The operating plan should indicate the sequence of activities that will take place to accomplish the tasks described within the solicitation, Appendix A, Appendix B, Appendix C, and Appendix D including proposed start and completion dates. The operating plan and schedule should contain the following elements:

· A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act and/or Davis-Bacon wage rate.

· All Subcontractors must also provide a list of all employees/personnel working on this contract identifying each by their Occupational Code/Job Title as it applies to this contract under the applicable Service Contract Act and/or Davis-Bacon wage rate.

· A proposed communication plan regarding findings, progress, information exchange, questions, and concerns of both parties.

Depending upon how the contractor proposes accomplishing the activities within the solicitation, the Operating Plan and Schedule may be developed by indicating when and how all work activities within individual units will be completed, when and how individual tasks will be completed, or a combination of when and how units or tasks will be completed. The contractor should be able to display through an operating plan and schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

C.7 Sustainable Acquisition The Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

In compliance with FAR Part 23.4 through performance of this contract, the Contractor shall make maximum use of EPA designated and USDA designated biobased in accordance with FAR clause 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts and 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Information about this requirement and a catalog of products are available at the BioPreferred Web Site (www.biopreferred.gov/biopreferred).

The Contractor shall utilize products and material to the maximum extent possible in the performance of this contract from EPA’s list of designated products and the accompanying recommendations for post-consumer content and recovered materials content in the following eight categories: Construction products, Landscaping products, Nonpaper Office Products, Paper and Paper Products, Park and Recreation products, Transportation Products, Vehicular Products, and Miscellaneous Products.

Compliance with the USDA Biobased requirements requires Contractors to report the purchase of biobased products under service and construction contracts through the System for Award Management (https://SAM.gov) and provide a copy of the report to the Contracting Officer.

7.1 Sustainable products identified for this solicitation:

The following is a list of categories for biopreferred products and EPA products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

7.1.1 BioPreferredProducts:

a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

g Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

h 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

7.1.2 EPA Designated Products:

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.8 Definitions Acceptable Quality Level: The allowable leeway or variance from a standard before the government will reject the specific service. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the government. The contractor, however, must re-perform the defective service when possible.

Biobased Products: See Sustainable Acquisitions Contracting Officer (CO): Individual with authority to bind the government with their signature on the contract.

Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

Period of performance (also Performance period or Contract time): All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

Quality Assurance: Those actions taken by the government to check goods or services to determine that they meet the requirements of the Statement of Work (SOW).

Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

Quality Control: Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the Performance Work Statement. Refer to Inspection and Acceptance 52.246-4 or 52.246-12 and Contractors Quality Control Plan as described in Section E.

Quality Control Plan: Contractors plan for self-monitoring work prior to Government inspection and acceptance. See Section E.

Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

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

Standard: An acknowledged measure of comparison.

Stewardship Contracting: An exchange of goods/products for services including construction.

Subdivision and or Payment Unit: An area designated on the project area where stewardship work will be completed or timber will be paid for prior to removal.

Sustainable Acquisitions (FAR Part 23.4 – Use of recovered materials and biobased products)

a. Biobased Products: Managed by the U.S. Department of Agriculture (USDA), the goal of the BioPreferred program is to increase the purchase and use of biobased products. The BioPreferred program was created by the 2002 Farm Bill and reauthorized and expanded as part of the Agricultural Act of 2014 (the 2014 Farm Bill). The program's purpose is to spur economic development, create new jobs and provide new markets for farm commodities. The increased development, purchase, and use of biobased products reduce our nation's reliance on petroleum, increase the use of renewable agricultural resources, and contribute to reducing adverse environmental and health impacts. Information on biobased/biopreferred products can be found at the BioPreferred Site . The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts and the provision at FAR 52.223-1, Biobased Product Certification.

b. EPA-designated items: Products that are or can be made with recovered material. The Comprehensive Procurement Guideline (CPG) program is part of EPA's continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. The contractor shall comply with the clause at FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

C.8.1 Technical Definitions – See Appendices.

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items E.1

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.2.1 Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be performed on each sub-item listed in each task order.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control.

E.2.2 Contractor Quality Control Inspection At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. Inspection procedures must provide the following information:

E.2.2.1 Plot Inspections. Where the unit of measure is per acre, the Contractor shall maintain a plot system that provides an unbiased sample of cutting quality, and which represents the entire area treated The plot system shall be consistent with method of work. The Contractor shall sample at least five (5) percent of the unit, with a minimum of 5 plots per 100 acres unit.

a) Plots shall be marked and identifiable on the ground, this includes plot numbers and visible flagging.

b) The Contractor shall provide inspection sheets and a sketch map of the unit with plot locations to the Government. Inspection sheets shall be signed and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

E.3 Acceptance of Services The Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the Quality Control Plan (QCP). The Government will conduct an inspection and up to one re-inspection for each unit. If the contractor fails to meet the minimum AQL, the contractor shall rework the unit. Anytime more than two inspections are required per unit, the contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3.4). Acceptance may be made for all or portions of work.

E.4 Acceptance of Construction Refer to FAR Clause 52.246-12 – ‘Inspection of Construction’ for information on Government acceptance of construction.

E.5 Government Quality Assurance Surveillance Plan Quality assurance specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items F.1 52.252-2 Clause 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 address: http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F. 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 5 years from the date of contract award. The time stated for completion shall include final cleanup of the premises.

It is estimated that work will begin in the summer of 2017. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Any restrictions on the Scheduling of Work for resource protection, etc. will be addressed in the Technical Specifications.

(End of Clause) F.3 AGAR 452.211-5 Period of Performance (FEB 1988) The effective period of this contract is 5 years from date of contract award (End of Clause) F.4 Special Contract Time and Performance Restrictions The Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

WO-CT5.13#

ROAD COMPLETION DATE. Roads 30196, 30240 and 30381 shall be completed prior hauling, except for earlier construction completion dates for roads listed below:

N/A

Completion date is binding on party that constructs road. Contracting Officer shall modify the completion date in writing to conform to the approved progress schedule at the request of Contractor.

Forest Service shall in no way be responsible for any delay or damage caused by road contractor in performing the road construction except such delay as may be the fault or negligence of Forest Service.

F.5 Schedules and Reports Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. The Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on a date specified by the Contracting Officer:

All schedules and reports shall be submitted to the Contracting Officer’s Representative identified by the CO, unless the Contracting Officer directs the Contractor to submit any schedules or reports directly to the CO.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The awarded contract will have two or more Contracting Officer’s Representative’s (COR) designated by appointment letter, including at least one for the service work and one for the construction work.

G.2 Measurement All linear and area measurements under this contract are measured on a horizontal plane.

G.3 Payment It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-5 Payments under Fixed-Price Construction Contracts, 52.232-27 Prompt Payment for Construction Contracts, and 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Section I). Submit certification G.9 with all invoices.

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL and above (As identified in Appendix A) G.3.1.2 Payments for task results between 1% and 10% below minimum AQL The Government will determine if the task deliverable cannot or will not be reworked to achieve the minimum required AQL, in which case payment of 90% of the unit price will be applied to tasks falling between 1% and 10% below identified AQL.

Example - 90% AQL is achieved on task with 95% AQL requirement (5% below minimum AQL.) Unit price is $10,000.00 10,000 x 90% = 9,000 price to be paid for unit.

G.3.1.3 Payments for task results between 11% and 20% below minimum AQL If the task deliverable cannot or will not be reworked to achieve the minimum required AQL, payment of 90% of the unit price will be applied to tasks falling between 11% and 20% below identified AQL.

Example - 75% AQL is achieved on task with 95% AQL requirement (20% below minimum AQL.) Unit price is $10,000.00 10,000 x 90% = 9,000 x 75% = $6,750.00 price to be paid for unit.

G.3.1.4 Payments for task results below 21% minimum AQL If the task deliverable cannot or will not be reworked to achieve the minimum required AQL, payment of 80% of the unit price times the actual AQL received will be made for AQL falling below 21% required AQL.

Example - 70% AQL is achieved on task with 95% AQL requirement (AQL is 25% below minimum AQL.) Unit price is $10,000.00 10,000 x 80% = 8,000 x 70% = $6,400.00 price to be paid for unit.

G.3.2 Re-Inspection Costs for Service Items If rework of a task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection will be authorized at no charge to the contractor for work that does not meet the AQL The table below lists charge rates for Government re-inspection of work.

*Mileage reimbursement rate in effect April 1st, 2017 is $.535 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website GSA Mileage.

G.3.3 Payments for Construction Items Refer to FAR clause 52.232-5 ‘Payments under Fixed-Price Construction Contracts’ for payment procedures related to construction work activities

G.3.3 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

G.4 Incidental Payment Items The intent of the contract is to provide for the complete performance 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 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.

G.5 Product Payment Guarantee and required deposits To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the total value of product that has not been paid for from stewardship units released for cutting.

Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

G.6 Reimbursement for Bond Premiums The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.7 Stewardship Credits Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/Services B.2.1 and B.2.2 (if applicable) has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2.3. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.8 Establishment of Stewardship Credits Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2.3.

G.9 Contractor Certification Contractor will submit certification with every invoice and monthly, as Stewardship Credits are established. The Contractor shall furnish the following certification indicating if for invoice, stewardship credit or both. Credit will not be received if certification is not submitted.

CONTRACTOR CERTIFICATION

|_| - Invoice and/or |_| Stewardship Credit Earned

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.10 Excess Stewardship Credits In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.11 Excess Timber or Other Products Value In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.12 Refund of Excess Cash If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items H.1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at **TBD** and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

(End of Clause) H.2 FAR 52.236-4 Physical Data (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

(End of clause) H.3 AGAR 452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

(End of Clause) H.4 AGAR 452.237-74 Key Personnel (FEB 1988)

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

Overall Project Manager Logging Supervisor Fuels Treatment Supervisor Road Construction Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance and obliteration.

Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause) H. 5 Employment of Eligible Workers

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

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500.