Attach__5_PSW_.docx

PERFORMANCE BASED STATEMENT OF WORK

FOUR FOREST RESTORATION INITIATIVE TREE MARKING IDIQ

General Specifications A. Scope of Contract The performance based services covered in this solicitation and resultant Indefinite Delivery Indefinite Quantity contract require the Contractor to furnish all labor, quality control, equipment, supervision, transportation, operating supplies, and incidentals, except those items, if any, listed as Government Furnished Property (Section G). This project consists of traversing and painting and posting proposed cutting unit boundaries, preparing cruise designs, performing cruises to determine tree volumes and tree quality, and tree marking on the Four Forest Restoration Initiative project area. The end results required under this contract is to mark, cruise, post and GPS to the standards included herein and to the standards stated in the Timber Cruising Handbook (FSH 2409.12) and in the Government’s Quality Assurance Plan.

B. Personnel Qualifications The following MINIMUM combinations of experience and education are required for crew leaders and inspectors* (See Key Personnel clause, AGAR 452.237-74 located in Section I).

The following MINIMUM combinations of experience and education are required for crew leaders and inspectors*. A season equates to greater than 90 days.

(a) Minimum 2 seasons experience with no additional Forestry education.

(b) Minimum 1 season experience with 1 year Forestry technician student.

(c) Minimum 1 seasons experience with 1 years Forestry student.

*A “crew leader” is the individual responsible for field operations in accordance with the accuracy standards. Crew leaders shall have a minimum of 50% of the require experience in Cruising and 50% in Tree Marking. A crew leader may also serve as the inspector as required for Contractor self inspection.

An “inspector” is the individual responsible to insure contract specifications are being met.

C. Location and Descriptions

1. Project work areas for 2016 are located on the Apache-Sitgreaves National Forests. Site-specific maps, legal description and other specific information to a task order will be furnished with each task order. Optional areas for 2016 and for the optional years have not been determined and could be anywhere within the Coconino, Kaibab, Tonto or Apache-Sitgreaves National Forests.

2. Accessibility. The project area may be reached by forest roads that are accessible by standard pickup during the normal operating season (May 15 through November 15). The Forest Service assumes no obligation to plow snow or provide special maintenance to keep roads open. The Contractor may plow snow with written authorization of the Contracting Officer. The Contractor shall follow the District’s guidelines for snowplowing. Foot travel to and from areas 0.5 to 1.0 mile will be common. Occasionally distances in excess of 1.5 mile will be required. Seasonal road closures may necessitate scheduling by the Contractor in order to obtain access to the area. Roads located behind closed gates or in closed areas will require permission for vehicle access. Roads behind closures will not be maintained by the Forest Service for vehicle travel. There may be some roads within the Project areas that are not owned by the Forest Service and are gated. The Contractor will have to walk in or make arrangements with the private land owners to access these roads.

D. Government Furnished Property See Government Furnished Property as listed under Contract Administration, Section G.

E. Contractor's Supplied Equipment and Supplies Contractor shall furnish equipment, supplies, labor, and tools necessary for compliance with field procedures herein. Suggested items include, but are not limited to the following.

1. Paint guns.

2. Staple hammers and minimum 1/2-inch staples.

3. Azimuth compass with declination setting capability.

4. Tatums/Field Book

5. Relaskops

6. Indelible ink markers or grease pencils.

7. Diameter tape.

8. Clinometer.

9. 100 foot loggers’ tape

10. Field Data Recorders

11. GPS Unit’s

12. 10 BAF prism

Technical Specifications - Boundary Posting and Painting Specifications Specifics on the use of boundary tags and/or paint, including color, will be specified in the task order request. Note: The Contractor shall only use Government furnished paint and tags.

A. Where drivable existing roads serve as boundaries only the corners where the boundary leaves the road are to be marked any change will be specified in the task order.

B. Where cutting unit boundaries intersect powerlines the work order shall include specific instructions for marking.

C. Painting shall be done in accordance with manufacturers’ directions.

D. Common boundaries will be paid at the unit price.

E. When available, use the largest diameter tree free of dwarf mistletoe or other defects for boundary posting.

F. The Contractor shall follow the attached Tracer Paint Accountability Plan.

Reference clause in Section G titled “Time of Delivery and Contractor’s Responsibility of Government Furnished Property”.

Boundary tree marking specifications are listed below.

Boundary Trees: Two horizontal bands wrapping 3/4 of the way around the tree. Lower band is painted at eye level and upper level painted 6” above that. Two vertical stump marks are painted on the tree, one in the direction of travel and one in the direction from which you came. These bands should extend from the ground up at least 2’. Trees are marked in an intra-visible manner meaning they can be seen from one to the other. The unit number should be painted just below the lowest horizontal mark or at dbh facing into the unit on approximately every fifth boundary tree. See Figure 1

Corner Trees: Any time there is an abrupt direction change (change of 90 degrees or more) the boundary tree must be marked as a corner tree. Three horizontal marks are marked on the tree with the bottom line at eye level and the other two lines each 6” above the lower line. Vertical stump marks still “point” in the directions of travel: where you are going and where you came from. The unit number is always painted on corner trees, just below the lowest horizontal mark or at dbh facing into the unit. Numbers should be large enough to be seen from a long distance.

Common Boundary Trees: Marked similar to a boundary tree except the horizontal marks wrap completely around the tree. When painting numbers on the trees paint both unit numbers on the same tree, just on opposite sides of the tree. Vertical stump marks are exactly the same: “pointing” in the directions of travel and extending from the ground up 2’. See Figure 1

Corner Common Boundary trees: Marked similar to a corner trees except there is a third vertical line added to designate the edge of the two units. This line will extend from the bottom of the lowest horizontal line to the ground. Unit numbers are painted on either side of the line denoting appropriate units. See Figure 1

Technical Specifications - Tree Marking Tree marking shall involve designation of Cut Trees (CTM) or Leave Trees (LTM) and will be identified based on a marking guide included with each task order. Any variation to the following specifications will be noted in the task order. The Contractor shall only use Government Furnished paint.

A. All trees in CTM harvest units will be marked with blue tracer paint unless the Task Order specifies a different color. Marks must be visible enough for the feller/buncher operator to differentiate between trees to be left and those to cut. Two diagonal slash marks on opposite sides of the tree shall be marked with the high end of the mark at about 6 feet above the base of the tree marked at a diagonal down “around” the tree for approximately 3’ to about dbh so that one mark effectively covers 1/2 of the tree and the other mark covers 1/2 of the tree. So in effect those marks can be seen from any side. These marks should be 3” wide. On yellow bark pines, attempt to get some paint into branch knots so that paint will be visible after bark sloughs off. The two horizontal stump marks must be at ground level ensuring that the paint penetrates the nooks, cervices, and fissures of the bark. Approximately 6” in length and 3” wide these marks are on opposite sides of the tree with one being on the downhill side of the tree. When refreshing paint on a sale area that was previously marked, do not cover evidence of previous existing mark.

B. All trees in LTM harvest units shall be marked with orange tracer paint unless the Task Order specifies a different color. Marks must be visible enough for the feller/buncher operator to differentiate between trees to be left and those to cut. Two diagonal slash marks on opposite sides of the tree shall be marked with the high end of the mark at about 6 feet above the base of the tree marked at a diagonal down “around” the tree for approximately 3’ to about dbh so that one mark effectively covers 1/2 of the tree and the other mark covers 1/2 of the tree. So in effect those marks can be seen from any side. These marks should be 3” wide. On yellow bark pines, attempt to get some paint into branch knots so that paint will be visible after bark sloughs off. The two horizontal stump marks must be at ground level ensuring that the paint penetrates the nooks, cervices, and fissures of the bark. Approximately 6” in length and 3” wide these marks are on opposite sides of the tree with one being on the downhill side of the tree. When refreshing paint on a sale area that was previously marked, do not cover evidence of previous existing mark.

C. Paint marks shall be highly visible.

D. Where it is necessary for the Contractor to make changes in trees originally marked, the Contractor shall completely obliterate any blue or orange markings, including stump marks, with black paint supplied by the Government, with no pay adjustment.

E. The Contractor shall keep count of the number of cans and batch number of paint used, as required in the accountability plan. This information shall be turned into the Contracting Officer through the Contracting Officer’s Representative or designated inspector when the marking has been completed on each unit. Reference clause in Section G titled “Time of Delivery and Contractor’s Responsibility of Government Furnished Property”.

F. Diameter limit marking includes marking trees within specified diameter classes. Diameter tapes will be used to determine if the tree is to be marked.

Technical Specifications - Cruising This portion of the contract deals with the cruising of harvest units for timber quantity. The intent of the timber cruise specifications is to provide the Forest Service with cruise data to facilitate the timber appraisal process.

The cruise design and implementation shall be done by the Contractor. All cruising performed under this contract shall meet the accuracy requirements set forth in current FSH 2409.12, chapter 40.

Cruise Designs

If the contractor is providing the cruise designs the government will provided the sale area to be designed for Sale method of measurement and target sampling error. Product merchantability specifications, Cruise Designs – including an estimate of pre-cruise information to be used and calculations made to allocate the sampling error and to determine the number of samples needed per strata, in sufficient detail that it may be reviewed without further explanation be a check cruiser.

Timber Cruising

a) CTM/ LTM / Biomass areas shall be located on slopes generally less than 40% with occasionally steeper areas. Vegetation types will range from moderately stocked to densely stocked timber stands over all aspects and elevations.

b) Cruise methods for CTM/ LTM / Bio-mass units will be in accordance with Forest Service Handbook (FSH) 2409.12 (Timber Cruising) that is available electronically. Information for sawlog gross and net volumes and non-sawlog volumes is located there. The website is http://www.fs.fed.us/im/directives/. Forest Service wide issuances are service wide and regional direction is located under field issuance.

c) To facilitate contract inspection (check cruising), cruise maps will be at the same scale as those provided to potential bidders.

d) All measurements shall be done in accordance with FSH 2409.12, chapters 10 and 20. All defect estimations shall be done in accordance with the R3 Timber Cruise Reference Guide and Forest Supplements to FSH 2409.12, Chapter 20. All unusual features at plot locations which may influence cruise procedures, hence accuracy (excessive slope, blowdown patch, hazardous conditions, etc.), will be recorded by the Contractor. Reasons for defect deductions on individual trees will be documented by the Contractor in a remarks area of a Timber Cruise Book or the FScruiser cruise data entry program.

e) The cruise data provided by the Contractor to the Forest Service shall be in a format that will load into the current version of FSCruiser and Cruise Processing (National Cruise System). This will be accomplished by using Cruise cards (Form R3-2400-28A Rev.5/2007) and/or using the FSCruiser program for data recorders. Timber Cruise Cards will be furnished by the Forest Service prior to commencing work. Data recording procedures will be covered at the pre-work meeting.

f) Contractor shall not bias the accuracy of the cruise. Cruise plot bias is defined as:

a. Avoiding certain plot locations based on terrain, too many trees, etc.

b. Not following contract standards for plot spacing.

c. When variable or fixed plots are located at or near unit boundaries, use the Mirage Method or Walk Though Method for determing "in" tree counts. Use only one method per sale.

g) Cruise requirements will be identified on each task order.

Contractor will be required to choose the appropriate cruise system from the following methods. (FSH 2409.12, chapter 30).

a) 100 Percent Cruise

b) Sample-Tree with Complete Tally

c) Fixed Plots

d) Point Sampling

e) 3P Sampling

f) FIXCNT Sampling (biomass)

g) Two-Stage Sampling

Technical Specifications – GPS Work A. The task order will specify the type of feature that will be collected.

B. The GPS standards must meet standards within the Timber Cruising Handbook (FSH 2409.12) Chapter 50.

C. The Contractor will download all raw data files and any corrected files onto an acceptable data storage device for the purpose of down loading to a Forest Service computer. After the data has been collected the storage device shall be turned into the Contracting Officer through the Contracting Officer’s Representative or designated inspector.

The Contractor shall follow as close as possible to the flagged line or posted boundary during data collection.

QUALITY ASSURANCE SURVEILLANCE PLANS

Contractor Quality Control Plan

A. Quality Control Plan The Contractor shall provide a Quality Control Plan (QCP) as part of the Technical Proposal. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection The Contractor shall assure themselves that performance meets contract specifications, in accordance with Inspection of Services FAR 52.246-4, prior to requesting the Government to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work.

Government Quality Assurance Surveillance Plan and Acceptance Requirements

A. Government Quality Assurance Inspection The Government will make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine whether the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Acceptance Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications. Acceptance will not be made for segments broken by unacceptable portions of work.

Inspection, Re-inspection and Acceptance A. Compliance Inspection The Contracting Officer may, by formal inspection, determine if the specified methods of work have been used. Failure to use specified methods shall require prompt corrective action. Failure to take prompt and satisfactory corrective action may be cause for termination of Contractor’s right to proceed and the contract may be considered in default.

Work shall be inspected as Treatment Unit or groups of Treatment Units assigned in the Task Order. Quality and pay rate shall use the same groups.

B. Inspection Procedures

1. Boundary posting and painting will be accepted on the basis of formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. The Contractor’s inspection data will be provided to the Contracting Officer before the Forest Service begins their inspection. The Forest Service will check a minimum of ten (10) percent of the total distance listed on the treatment unit will be inspected. This will constitute a minimum inspection for determining satisfactory performance.

2. Cruising will be accepted on the basis of the formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. The Contracting Officer shall follow all procedures set forth in the Timber Cruising Handbook FSH 2409.12, Chapter 60 section 64 and meet standards set forth in the R3 and forest supplements to FSH 2409.12 Chapter 60. Inspections are cumulative and regardless of the completion date will contribute to the final inspection results.

i. Contractor shall make available Timber Cruise Books and maps or copies to the Contracting Officer for use during field check to enable a proper check and so that the Contracting Officer may immediately inform Contractor of improper recording of cruise data or measurement differences encountered.

ii. The contractor may apply to the Government for initial field check or inspection of one or more units to ensure that cruise specifications and procedures are being followed.

iii. Contractor shall notify the COR and supply the Government with completed cruise books and maps at or near the time when 30 percent of a work order is completed at which time a partial inspection shall be conducted. The Government will perform a field check or partial inspection and will calculate and inform Contractor of the inspection results.

iv. Upon completion of the cruise, the Forest Service will check cruise the entire cruise after the Contractor has completed all cruising. The calculations of the accuracy of the cruise shall be based on a comparison of the check cruiser's data and the Contractor's data.

3. Tree marking will be accepted on the basis of formal and visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. If formal inspection is used, a minimum of five plots (fixed or variable plots will be inspected per work identified on a Treatment Unit or group of Treatment Units (depending of Treatment Unit Size). Satisfactory marking will be determined using the formula stated below.

4. Determination of Acceptable Work. The following factors will be considered in determining whether or not a stand has been marked to specifications: 1)The trees on each inspection plot will be checked for adherence to general marking guidelines and silvicultural prescription specifications. This will include health and form of trees left compared to those designated for removal, and quality of residual trees; 2) Trees will also be checked for adherence to stump mark and DBH mark specifications; 3) Tracer Checks: The Forest Service will make periodic inspections on the tree marking paint for tracer. When refreshing paint on a sale that was previously marked, evidence is left that the tree that was remarked had been previously designated with paint. This will constitute a minimum inspection for determining satisfactory performance.

5. GPS will be accepted on the basis of visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. The GPS traverse must meet the standards as stated in the Forest Service Timber Cruising Handbook section 2409.12 .55 – Area-error estimations and limits. Depending on the survey Method.

6. Whenever administratively practical, inspections will be done weekly as the work progresses.

All handwritten work will only be accepted if completely legible. This includes, but is not limited to paperwork, information on ribbons, stakes and trees.

A. The Contractor shall notify the Contracting Officer when work commences and shall keep the Contracting Officer informed of any changes in the Contractor’s work schedule. Government inspection will take place after Contractor’s self inspection.

B. Contractor self inspection shall be done in accordance with the Contractor’s Quality Assurance Plan and FAR Clause 52.246-4, Inspection of Services.

1. Contractor shall provide and use an inspection system acceptable to the Government.

2. The Contractor shall make periodic inspections while marking and cruising is in progress to assure work is proceeding satisfactorily. Records of the inspection shall be maintained for the life of the contract and shall be available to the Contracting Officer upon request.

C. Determination of Acceptable Work

GPS

The Government inspector will check data collection settings, feature shape and missing data. Failure to meet the 10% error per area required minimum quality shall require rework.

Boundary Posting and Painting The Government inspector will check Boundary Tags, Line locations, Boundary paint, Spacing between tags and painted trees, Stump marks and tracer paint. Failure to meet the required minimum quality shall require rework.

Tree Marking Inspection:

A. Visual Inspection The government will make periodic inspections while work is in progress to assure that work is proceeding satisfactorily. These inspections will initially be done daily but may vary if work progresses in a satisfactory manner. Inspection for acceptance of work will be accomplished by a visual or random plot inspection of each unit and will be based on adherence to the specifications. If the work quality is determined to be 90 percent or higher, payment will be made at 100 percent of unit price.

B. Visual Inspection Indicating Less Than Quality Work In the event visual inspection indicates that work quality is less than 90 percent and the operator will not re-work the unit voluntarily, then the Government shall, by formal inspection, determine if the specified methods of work have been used. Failure to use specified methods shall require prompt corrective action. Repeated failure to follow the specified methods of work may be cause for termination of the Contractor’s right to proceed and the contract may be considered in default. The inspections will be made on a series of plots. At least 1% of the total area will be sampled using a systematic grid. This will constitute a minimum inspection for determining satisfactory performance. All plots will be assigned a number. That number will be marked on the ground and will correspond with plot numbers on the inspection forms.

Contract compliance for each unit will be calculated by the Forest Service. Sample methods will be determined on each individual task order and will be discussed in the task order pre-work. The following are two possible examples that could be used for contract compliance:

Sample Example 1

A =Total number of trees counted within the plot.

B =Total number of trees marked.

C =Trees marked that do not meet the silvicultural prescription.

D =Trees not marked that otherwise should have been marked to meet silvicultural prescription.

E = Does not meet marking specifications i.e. butt mark, DBH mark

Calculation of Compliance Formula:

iv. Marking quality below 80% on any unit is unacceptable.

v. Failure to meet the required quality for any category will require rework prior to starting work on a new unit.

vi. Payment for marking work completed will be based on the following inspection results:

90-100% = 100% payment.

80-89% = payment percentage will be the same as the inspection percentage.

Attachment 5 < - 79% = UNACCEPTABLE. No payment will be made until the unit has been reworked and passes inspection.

Inspector/COR

Type of plot used

Average percent

Sample Example #2

The inspection of this project will be completed using a fixed or variable plot to measure specifications. At each plot, the inspector will determine the following:

A. Total Number of trees.

B. Acceptable number of trees.

C. Marked trees.

D. Unmarked trees.

E. Acceptable trees.

F. Unacceptable.

G. % Acceptable.

H. Remarks.

The above information will be written on an inspection form. A sample inspection form is included below.

Sample Inspection Form

Cutting Unit______________ Inspector/COR____________________ Date____________________________

Type of plot used

Average percent

% acceptable = 1- (Col5/(Co1+Col4))*100

Trees outside the acceptable range or missing trees from openings will count as credit in Column 1.

Cruising:

The Government shall inspect the quality of the Contractor's field measurements based on the following inspection elements:

a. Number of correctly identified “in/out” trees on plot based cruises (not applicable to tree based cruised). Tolerance = none.

b. Species identification. Tolerance = none

c. Measurements of tree diameter at breast height (DBH). Tolerance = +/- 3.0%

d. Measurements of tree height. Tolerance = +/- 7.0%

e. Estimation of defect. Tolerance = +/- 10.0%

f. Gross volume of measured trees. Tolerance = +/- 5.0%

g. Net volume of measured trees. Tolerance = +/- 10.0%

Example of Inspection Format, Calculations, and Results

Field Measurement Evaluation

Inspection Element

Tolerance

Total Possible Right Answers

Number of Wrong Answers

Error Weight

Total Error (b*c)

Percent Correct (1-(d/a))*100

(a)

(b)

(c)

(d)

(e)

96.4

100.0

92.7

85.4

86.9

100.0

100.0

Total of (e) =

661.4

Overall Percent Correct = Total of (e) ÷ Number of elements about which information is checked Overall Percent Correct = 94.4 Note: To pass this check each element checked shall have at least 80.0% correct and the overall correctness shall be at least 85.0%.

The “total possible right answers” (a) is the number of trees measured by the inspector. For plot or point cruises, the number of “in/out” trees is the number of trees identified by the inspector. For all other elements, it is the number of correctly identified “in/out” trees.

i. Each inspection element checked must have at least 80.% correct and the overall correctness must be at least 85.0%

ii. The contractor may apply to the Forest Service for initial field check or partial check cruise of one or more units to ensure that cruise specifications and procedures are being followed.

iii. Upon completion of the cruise, the Government will perform a final inspection. The inspection will be made within 10 working days after the Contractor has submitted all cruise data files. Acceptance of the final timber cruise will be based on all of the following criteria:

iv. Failure to meet the required quality for any category will require rework.

D. Unsatisfactory Work

A. Tree Marking.

The minimum acceptable standard for full payment is 90%. The Contractor shall rework all units that fall below 90% and bring the work up to satisfactory levels. Missing butt marks will require rework, no matter what the percent is for acceptable standards. Where quality still falls below 90 percent, a deduction will be made equal to percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80%. Payment, less deduction for lost or damaged Government-furnished property, will be made for completed bid items, or sub-items of work at the unit contract price where ever the quality of marking is 90 percent or above, based on inspections as outlined above.

B. Boundary Marking and GPS Work not meeting specification shall be reworked prior to payment.

E. Re-Examination Upon Contractor’s Request

E. Re-Examination Upon Contractor’s Request

F. Re-Inspection after Rework

G. Acceptance

Acceptable work includes presentation of all documentation required in the technical specifications of this contract and satisfactory results from inspection of the Units. Work may be accepted in part. If all documentation is not fully legible and correctly completed, or if the inspection results in unsatisfactory findings, the CO will immediately notify the Contractor in writing and order him/her to improve the quality of the Units or reports. Repeated failure to perform to the standards specified may be considered reason for contract termination for cause. The CO may also order the Contractor to re-work any Units that received an unsatisfactory inspection. Rework shall be performed within 10 calendar days after receipt of notice in writing from the CO of unsatisfactory work. Failure of the Contractor to comply with this order may be cause for the Contractor’s right to proceed to be terminated for default.

Measurement and Payment Measurement A. Traversing, boundary marking, GPS: The unit of measure will be linear foot of perimeter, on the horizontal plane. Measured distance will be determined by the traverse or GPS unit.

B. Common boundaries will be paid at the unit price. For example, if units 1 and 2 share a boundary, the linear feet of that shared boundary will only be counted once C. Tree Marking: The unit of measure will be the number of acres marked.

D. Cruising Variable plot or Fixed Plot: The unit of measure will be cruise plot.

E. Sample Tree or 3P Cruising: The unit of measure will be by the acre.

Payment The price listed in the Schedule of Items will be the basis for payment for accepted work. No payment will be made for unacceptable work.

A. Traversing, Boundary marking, GPS: This includes payment for common boundaries. Payment will be based on Government formal and visual inspections documenting acceptable work by the Contactor. Payment will be on the Contractor’s submitted traversed linear distance. Payment rate will be the price listed in the Schedule of Items. No payment will be made for unacceptable work and no partial payment will be made.

B. Tree Marking: Payment will be based on Government formal and visual inspections documenting acceptable work by the Contactor. Payment rate will be the price listed in the Schedule of Items. No payment will be made for unacceptable work and no partial payment will be made.

C. Cruising: Payment will be based on Government formal and visual inspections documenting acceptable work by the Contactor. The FS Cruiser Program will be used to determine acceptable work by the Contractor. Payment will be on the Contractor’s submitted number of plots cruised. Payment rate will be the price listed in the Schedule of Items. If unsatisfactory work is not reworked by the Contractor and/or the contract is terminated, the Government may determine partial payment is warranted. If partial payment is determined appropriate, payment will be calculated as follows:

a. PPSW = TSW x (TSC x 0.2) x 50%

b. PPSW = Partial Payment to Contractor for Satisfactory Work

c. TSW = Total Satisfactory Work Dollars to be Earned

d. TCS = Total Satisfactory Check Cruise Categories Ordering for This Project A. Services to be provided hereunder will be ordered by issuance of a written delivery/task order using form SF 1449 or OF-347. Each delivery/task order will reference this contract and will be subject to all the terms and conditions herein. Each delivery/task order will contain the following information.

1. Delivery/Task Order and Contract Number

2. Date of Order

3. Services, Quantity and Prices

4. Delivery Date

5. Delivery Location (road numbers, mile posts, and single or two lane road designation) and Vicinity Map.

6. Job Code

7. Ceiling Price if applicable.

B. Delivery/task orders will be issued at the price awarded on this basic contract and shall be firm-fixed price.

C. The following individuals may place orders against this contract: Contracting Officer or Purchasing Agent Individual Task Order Performance Time Each Task Order will designate a completion date. Task order performance time shall be negotiated based on the criteria used below. Notice to proceed (NTP) dates shall be assumed to be effective 10 calendar days from the Contractors receipt of the task order information materials and request for a price on that task order. This time includes Contractors time for travel to visit the individual sites and negotiate, using the schedule of items as a basis, a firm fixed price and performance period. The NTP (start date) may be extended subject to agreement by the Government.

Time of individual task orders and Contractor production rates shall be based on:

Task order time, whether stated in terms of calendar days or a completion date, will make allowance for inclement weather. Contract time will run concurrently, if more than one task order is awarded to a contractor, from issuance of the Notice to Proceed for that individual task order. Contractor's progress will be measured against Contractor's approved progress schedule as submitted with each task order proposal.

Schedules for Service Contracts Contractor shall, at the pre-work meeting or within 5 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

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

Required Submittals The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Washing of Equipment Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land. Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment’s hydraulic, lubrication and fuel systems are free from leaks.

Use of Premises A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements. The Contractor shall provide sanitation facilities for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees camping on the Forest. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations. Leave No Trace guidelines shall be followed for both camping and day use.

Safety

1. Tree marking paint is a hazardous material. The Material Safety Data Sheet (MSDS) containing information about the tree marking paint will be provided b y the Forest Service for each batch of tree marking paint. Tree markers should view the “Tree Marking Paint” video.

2. Markers shall review the Job Hazard Analysis for tracer paint.

Prior to allowing any work to commence on this project, the Contractor shall submit a Safety Plan to the Contracting Officer that is in accordance with OSHA Regulations. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work. The plan shall specify Contractor’s plans how to minimize hazards to their employees and shall include required personal protective equipment/clothing.

USDA FOREST SERVICE SOUTHWEST REGION FIRE PROTECTION AND SUPPRESSION

A. Fire Period Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each year. Other periods may be specified in a task order request. The Forest Service may change the dates of said period by advance written notice if justified by unusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

B. Fire Plan Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the “Contractor”, shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period, and during any Forest closures, and shall update such certification when operations change.

C. Substitute Measures The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

D. Emergency Measures The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

E. Fire Control The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters. The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.

F. Compliance with State Forest Laws Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

G. Fire Precautions Specific fire precautionary measures are as follows:

1. Smoking and Open Fires Smoking and fires shall be permitted only at the option of the Contractor. The Contractor shall not allow open fires on the project area without advance permission in writing from Forest Service.

Unless restricted by State Law or Federal Regulation, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall sit down to smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

2. Fire Extinguishers and Equipment on Trucks, Tractors, etc.

All power-driven equipment operated by the Contractor on National Forest land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 BC, and one "D" handled or long handled round point shovel, size "0" or larger. In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.

Equipment shall be kept in a serviceable condition and shall be readily available.

3. Power Saws Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger. The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

4. Extinguishers

One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available.

5. Spark Arresters and Mufflers Each internal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Forest Service Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

a. Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

b. A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory-designed muffler complete with baffles and an exhaust system in good working condition.

c. A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

6. Emergency Fire Precautions The Forest Service may shut down or restrict operations due to fire danger.

Definitions - Administration Terms

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

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

Inspector - The person(s) appointed in writing by the COR to conduct and document inspections according to contract specifications and provisions. The inspector's authorities are strictly limited.

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

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Work Order - An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

Notice of Noncompliance - A written notice from the CO or COR which documents, for the Contractor's attention, specific performance deficiencies.

Contract Item - A pay item designated on the bid schedule and described by a specification.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor's employees and employment practices.

Specifications - That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

Definitions - Technical Terms

GPS: Global Positioning System is a method using signals transmitted from satellites to GPS ground receivers to determine acres.