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*RECOVERY* - This solicitation is funded in whole by funds from the American Recovery and Reinvestment Act (ARRA). This is a Woodland and Grassland Restoration Treatment Project in Apache-Sitgreaves National Forest Alpine and Springerville Ranger Districts

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AG-9702-S-10-0394 Pinyon-Juniper Restoration, Apache-Sitgreaves N.F.

SOLICITATION/CONTRACT/ORDER ALL ITEMS
1. REQUISITION NUMBER
PAGE 1 OF 31
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
373714
2. CONTRACT NO.
3. AWARD/EFFECTIVE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICIATION ISSUE

DATE

AG-9702-S-10-0394

DATE

19 Apr 2010

a. NAME
b. TELEPHONE NUMBER(No collect
8. OFFER DUE DATE/
7. FOR SOLICITATION
Valerie Wallace
calls) 707-562-9124
LOCAL TIME

INFORMATION CALL:

Email: vwallace@fs.fed.us
22 Apr 2010 2:00 PM Pacific Time
9. ISSUED BY CODE
10. THIS ACQUISITON IS

USDA Forest Service

EROC-SW

|_| UNRESTRICTED OR |_| SET ASIDE: 100 % FOR

1323 Club Dr.

Vallejo, CA 94592

|X| SMALL BUSINESS |_| EMERGING SMALL BUSINESS

|_| SERVICE-DISABLED VETERAN- |_| 8(A) SIZE STANDARD: 7.0 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS
|_| 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)
13b. RATING

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

Apache-Sitgreaves National Forest Alpine and Springerville Ranger Districts Springerville RD PO Box 760 Springerville AZ 85938

16. ADMINISTERED BY CODE

USDA Forest Service

EROC-SW

1323 Club Dr.

Vallejo, CA 94592

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA Forest Service

EROC-SW

1323 Club Dr.

Vallejo, CA 94592

|_| 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
OFFER
IS CHECKED

|_| SEE ADDENDUM

19.
20.
21.
22.
23.
24.
ITEM N0.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

*RECOVERY* - This solicitation is funded in whole by funds from the American Recovery and Reinvestment Act (ARRA).

This is a Woodland and Grassland Restoration Treatment Project in Apache-Sitgreaves National Forest, Alpine and Springerville Ranger Districts Provide all labor, equipment, and materials to perform the work in accordance with terms and conditions of the existing IDIQ contract.

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

See Schedule

25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
|X|
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
|_|
ARE
|X|
ARE NOT ATTACHED
|_|
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA
|_|
ARE
|_|
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
|_| 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED .. YOUR OFFER ON SOLICITATION

30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTIONSTANDARD FORM 1449 (REV.3/2005)
PREVIOUS EDITION IS NOT USABLEPrescribed by GSA FAR (48 CFR) 53.212

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

PART I—THE SCHEDULE

PROJECT
Pinyon-Juniper Restoration Treatment
Ver 12/02
UNIT
Apache-Sitgreaves National Forest
ITEM NO.
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL PRICE
1
Nutrioso PJ Single Tree Dozer Push / Extraction Grassland Restoration Project
AC
846
$
$
TOTAL
$

NOTES:

PRICE SUBMITTED BY:

Signature

Vendor Name

Phone

Address

FAX

Email

SECTION C - PERFORMANCE STATEMENT OF WORK

SECTION 1- GENERAL

Introduction

The Apache/Sitgreaves National Forests, Alpine and Springerville Ranger Districts have a need to conduct grassland restoration treatments on 846 acres that also qualify as Wildland Urban Interface (WUI). The purpose of this work is to reduce fire and fuel hazards through the restoration of open grasslands by removing the juniper and piñon that have invaded these areas. For this solicitation it is preferred that grassland restoration treatments be completed by mechanized equipment (i.e. extraction or single tree dozer pushing). Vegetation is primarily alligator juniper six to twelve feet in height. Project created slash will be left on-site and offered to the public for fuelwood, some piling will be specified by tree size and quantities. There will be no salvage rights granted with this contract. Slash-treatment may be implemented through piling slash on site that would be created as a result of treatments. See section M for treatment rating classification.

1.1 Scope of Work - The objective of this contract is to secure a complete set of services to accomplish grassland restoration and Wildland Urban Interface treatment. Grassland restoration will be accomplished by removing less desirable trees and retaining only those that meet specific criteria of size and age. The technical specifications contained in the performance standards were developed based on site-specific vegetative conditions.

The contractor shall, considering given resource objectives for the work unit, develop a plan of operation to accomplish these objectives, and organize and direct all of the equipment and personnel needed to fully accomplish the work. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required.

The bidder is advised to visit the worksite to determine average removal trees per acre prior to submitting a bid. The bidder is responsible for determining the amount of work. Bids will be reviewed by a committee and an award will be made upon selection criteria defining the best benefit to the government.

1.2 Location and Description - The location of the worksite, access to the areas, methods of work, size of treatment area, and other information pertinent to the contract are contained in the Vicinity and Project Maps, which shall be considered as part of the technical specifications. Vicinity Maps are located at the District Office and Project Maps are attached to this Contract. The project area is located on both the Alpine and Springerville Ranger Districts. Boundaries other than those easily identified by ground features are marked with Orange flagging or paint. Primary access is from County and Forest Roads. Project area primarily follows ridge tops or gentle plains. Slope is moderate, usually less than 15% with no treatment areas on slopes greater than 25%. The area is comprised of rocky, basalt based soils and clay. The primary vegetation within the project is a piñon – juniper woodland community with a past history of little to no vegetation management. Some pockets of woodland trees exceed 16” DRC although the majority of trees are less than that. Woodland species present include: piñon pine, alligator juniper and one-seed juniper. There are some scattered ponderosa pine along drainages or higher elevations within project boundaries.

The desired outcome of this project and associated treatments are to mimic the tree distribution patterns with grasslands that existed prior to fire exclusion. Treatments will move the structure of these woodlands and grasslands towards presettlement conditions that were more savannah like at different scales across the landscape. These treatments will assist in the management and risk of wildfires if they occur. This RFP is the offerors opportunity to develop a proposal to the government on how to utilize their expertise in regards to their abilities to meet the desired outcome.

1.3 Accessibility - Work areas may be reached by Forest roads that are accessible by a standard two-wheel drive pickup during normal operating conditions (dry or frozen). Unless otherwise indicated on Project Maps, vehicles shall not operate off system roads without prior written approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government.

Roads shown on unit maps indicate access to units and are not to suggest the roads are open within units or for any further travel. Access roads or trails may be present that are not shown on project maps and prior to their use must be approved by the COR.

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

The Government may, at its option, suspend work with full count of contract time continuing if the Contractor fails to provide a supervisor conversant in the English language and able to read and understand the contract.

1.5 Resource Protection - The Forest Service will advise the contractor of any resources (Archeological, Threatened, Endangered and Sensitive Species) that need to be protected, to the best of its knowledge. A Notice to Proceed will not be issued by the Forest Service until Archeological clearances are received. The Contractor will be notified when all clearances have been completed. At any time, if any new occurrence is discovered, by the contractor, Forest Service or other entities, work will halt in the affected area until the matter is resolved. The contractor has an obligation to inform the Forest Service if any occurrences are discovered in the course of work. If damage occurs to a site and is negligent or willfully caused by the contractors operations, the Contractor shall bear all costs of investigation and restoration of that site. Incurred costs in association to disturbance shall not relieve the Contractor from civil or criminal penalties otherwise provided by law.

1.6 Noxious Weed - Contractor shall insure that all off-road equipment moved on to National Forest Land under this RFP is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. For purpose of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A visual inspection must be pre-arranged with the COR prior to entering National Forest lands. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this contract.

Contractor shall certify in writing, compliance with the terms of this clause prior to each start-up of contract operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be moved in later, will be identified. For the purpose of this clause “off-road equipment” include all tractors, dozers, feller-buncher, chippers, skidders, ATV’s and shredding machines except for pickup trucks, vans and cars or other highway vehicles used for daily transport of personnel.

If Contractor desires to clean equipment on National Forest Land, such as at the end of a project prior to moving to a new project area, Contractor and Contracting Officer Representative shall agree on the methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS.

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service, which contains one or more defects, or nonconformance with, specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance the contractor meets standards.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 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 within the limits of his/her authority.

2.1.6 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.

2.1.7 GOVERNMENT INSPECTOR. An individual who is designated in writing to have certain authorities and responsibilities for administration of a contract. Generally works for or with the Designated COR.

2.1.8 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.9 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS. The methods for quality control are described in the Contractor’s Quality Control Plan (QCP).

2.1.10 RANDOM SAMPLING. A sampling method in which each service output in a unit has an equal chance of being selected.

2.1 TECHNICAL DEFINITIONS.

2.2.1 DBH (Diameter breast height) – Diameter of the trunk of a tree measured 4-1/2 feet above the ground level on the uphill side of the tree.

2.2.2 DRC (Diameter root collar) – Diameter of the trunk of a tree measured at ground level, for this contract it is the largest stem of multi-stem trees.

2.2.3 Leave Tree – Trees that are not to be cut under this contract.

2.2.4 Cut Trees – Trees which are to be removed by pushing or other extraction methods to ensure the roots are no longer effective, this applies only to this contract.

2.2.5 Slash – Any vegetation that was created by the contractor through the process of completing the described work under this contract.

2.2.6 Lopping and Scattering – Usually a slash treatment dealing with chainsaws, modified to crushing and/or smashing under this contract.

2.2.7 Piling – Gathering and stacking of slash into piles constructed and located as indicated by technical specification, for this contract will include windrows for extraction.

2.2.8 Bole – Is the trunk or stem of a tree.

2.2.9 Live Crown Ratio – LCR, percent of live crown in relation to the total height of the tree.

2.2.10 Push – Using mechanical equipment to force vegetation out of the ground and into a pile or windrow. Completed using a dozer or other like equipment mounted with a blade.

2.2.11 Extraction – Mechanical vegetation treatment were vegetation is pulled/plucked from the ground. Usually completed by excavator, or boom type equipment.

2.2.12 Mastication – The mechanical treatment of vegetation which produces ununiform pieces, chunks of targeted vegetation. Generally scatters said slash dispersing it unevenly.

2.2.13 Snags – A standing dead tree greater than 18” DBH and ten feet in height.

2.2.14 Hang-up Tree – Any cut tree suspended above the ground.

2.2.15 Drop-n-Plop – A method of slash treatment where congregated slash is picked up using a grapple on a skidder or excavator other mechanical method and relocated to a better pile location. Usually used when piles are too large to safely be disposed of and smaller piles are desired or poor pile location will result in undesirable residual stand impacts.

2.2.16 Rutting – Undesired disruption of soil continuity caused by equipment or vehicles related to project implementation. Road or equipment ruts due to high soil moisture will be measured from bottom to top of berm in at least three places with the overall depth computed as an average from measurements obtained.

SECTION III

3.1 GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

GOVT FURNISHEDPROPERTY/

SERVICES/DATA ETC.

QUANTITY
WHERE, WHEN, HOW TO BE FURNISHED TO CONTRACTOR

Protected Archeology Area Maps

Provided at time of Prework

SECTION IV

4.1 CONTRACTOR FURNISHED ITEMS/SERVICES

4.1.1 The contractor shall use equipment that will not cause resource damage.

4.1.2 The contractor shall furnish all equipment/personnel as required by Fire Plan.

4.1.3 The contractor shall furnish everything required to perform this PWS.

SECTION V

5.1 PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

5.1.1 Scope of work – The contractor shall provide any and all labor, equipment, supplies, services, permits, licenses, certificates necessary to perform 846 acres of grassland restoration during the period of 90 days after receiving a “Notification to Proceed”. Work consists of completing the tasks/subtasks in section 5.2 to the performance requirements of section 5.2.4.

5.1.2 Location Description – The Project is comprised of two units, one located in T. 3S, R.30E, Sec. 13, and the other is T. 3S, R29E, Sec. 13 near the community of Nutrioso, AZ.

5.1.3 Accessibility – Access into the project area is through County and Forest roads. No road maintenance will be conducted by the Forest Service, any road maintenance desired by the contractor is the responsibility of the contractor only after written approval by the COR. Any damage to roads used by the contractor will be repaired by the contractor at the contractors expense.

5.1.4 Boundaries – Project Boundaries are marked by terrain features or with Orange flagging or Orange paint.

5.1.6 Restrictions – No activity will be permitted within Control Areas. All wheeled or tracked equipment shall not be operated within such areas except on existing roads or trails approved by the Contracting Officer. Control Areas will be identified with white and pink flaggion on trees, stakes or pin flags. A map will be given to the contractor at pre-work showing Control Area locations. The COR and contractor shall coordinate activities near known Control Areas prior to initiating treatment. Unauthorized entry into these areas by the Contractor or his employees will result in the Contractor paying all costs associated with the restoration work. If trees designated for removal fall into a Control Area, the resulting slash will be removed to minimize any disturbance after coordinating with the COR.

5.2 Performance Work Statement Tasks

5.2.1 Push or Extract Designated Trees – The contractor shall ensure that trees are uprooted from the soil or extracted, including roots, all designated trees in the project area and perform tasks listed in Section 5.2.5.

5.2.2 Public Safety – The contractor shall provide, install and maintain easily read warning signs along roads or trails warning the public or other visitors of the hazards from mechanical equipment during operations. These signs shall state that all persons shall remain at least 250 feet from equipment under operation and approach only by permission and communication with the operator.

5.2.3 Equipment – The contractor must provide the equipment to meet the objectives of this contract which are to reduce tree densities within existing grasslands and treat resulting slash. Such equipment can include, or be any combination of tracked or wheeled equipment to extract, or single tree push and treat slash as specified in 5.2.6. Equipment must be of adequate horsepower and mechanically sound to complete tasks associated to meet project objectives.

5.2.4 Quality Standard – Equipment Inspection – Prior to starting work and possibly prior to awarding of contract, the Forest Service reserves the right to inspect the equipment to be furnished. If the equipment is found to be in such condition that indicates the need for immediate or frequent repairs that may result in delay of performance, it can be rejected and another piece of equipment requested in its place. Or, if the equipment is found to be unsuitable, or in disrepair, at the option of the Forest Service the contract may be canceled or awarded to another bidder. This is a condition of contract award.

5.2.4.1 Equipment Cleaning - Perform this task prior to entering project area. The contractor shall ensure that all off road equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. Off Road Equipment includes any dozer, excavator, hydro axe, tractor ect. That will be used to full fill obligations under this contract. The Forest Service will visually inspect off road equipment prior to moving equipment onto project site. Equipment will be considered clean when a visual inspection does not disclose soil, seed, plant material or other such debris. The contractor will notify the Forest Service at least 5 days prior to moving each piece of equipment onto National Forest Land. If it can be proven that the equipment has been working within the boundaries of the either Ranger District in an area known not to be infested with noxious weeds, this requirement may be waved if approved by the Contracting Officer.

5.2.4.2 Prevention of Oil or Fuel Spills – If the Contractor maintains storage facilities for oil, oil products or fuel within the project area, the Contractor shall take appropriate preventative measures to protect the environment incase of a spill. This may include in the field petroleum absorption kits or spill kits. The Contractor shall notify the Forest Service of all or any spills of oil or oil products for inspection and necessary clean-up actions. If the total amount of petroleum products exceeds 500 gallons stored on the project site, special precautions and a Spill Prevention Control and Countermeasures Plan must be developed and approved by the Contracting Officer.

5.2.4.3 Sanitation and Servicing – The Contractor shall take all reasonable precautions to prevent pollution of air, soil and water by the Contractors operations. The Contractor shall maintain all equipment operating on the project area in good repair and free of abnormal leakage of lubricants, fuel, coolants and hydraulic fluid. The Contractor shall keep equipment free of debris accumulations that may result in fire starts. The Contractor shall identify service location(s) that must be approved by the Forest Service prior to use and provide oil-absorbing mates during servicing operations to prevent leaking or spilled petroleum based products from contaminating soil and water resources. The Contractor shall remove from National Forest Lands any and all waste generated from servicing equipment.

5.2.4.4 Working Conditions – Equipment limitations may result in periods of shut down when ground conditions are such that machine operations could cause resource damage. The COR will determine and notify the contractor of such conditions, the Contractor is encouraged to self-regulate depending on soil moisture conditions. Contractor is responsible for the necessary personal protective equipment for each employee on the job. Conditions are hazardous and require proper protection to ensure employee safety. The job site is located in a remote location and may or may not have cell phone service, communications may be limited for personnel on the job site.

5.2.5 Quality Standard – Grassland / Woodland Restoration to Reduce Wildland Fuels and Improve Winter Range and Watershed Conditions– Species to be extracted / pushed are live alligator juniper, one seed juniper, rocky mountain juniper, and live or dead piñon pine. Cut trees will be designated as described below. Dominate vegetation types where treatment will be completed are described below:

Care shall be used to minimize damage to leave trees of all species.

Ponderosa Pine or Douglas-Fir – Found on less than 5% of the project area. Where ponderosa pine / Douglas-fir is encountered they should be left untreated and not damaged.

Piñon Juniper / Ponderosa Pine Transitional Grasslands – Found on 262 acres of the project area. This area is comprised of piñon/juniper regeneration within an historically woodland - savannah transitional grassland. All piñon less than 12” DRC will be extracted / pushed or otherwise removed. All alligator juniper, one-seed juniper or rocky mountain juniper less than 14” DRC will be extracted / pushed or otherwise removed. Isolated ponderosa pine shall not be treated. Slash treatment will consist of piling 40% of the created slash deposited in piles, windrows or crushed. Only concentrated areas will be identified for slash treatment, otherwise the slash will be left in place. All slash shall be outside of the drip-line of any required leave tree.

Meadow Restoration – Found on 584 acres of the project area. Meadow Restoration Treatments will occur on gentle slopes with deeper soils where grasses become the dominant vegetation type. All piñon less than 12” DRC will be extracted / pushed or otherwise removed. All alligator juniper, one-seed juniper or rocky mountain juniper less than 14” DRC will be extracted / pushed or otherwise removed. Some areas may not be accessible by equipment and may be excluded from treatment when identified in the field and approved by the COR. Dry or frozen ground restrictions will be strictly enforced to protect meadow vegetation and eliminate rutting potential due to soil moisture. Site specific ground conditions may be more suitable for the pushing/extraction process and desired outcome. If a majority of the designated removal trees become sheered at ground level or break-off, it is not desirable to excavate the stumps and roots. Operations may be halted by the COR until they improve. Slash treatment will consist of piling 40% of the created slash deposited in piles, windrows or crushed. Only concentrated areas will be identified for slash treatment, otherwise the slash will be left in place.

a. Automatic Leave Trees

· The Contractor shall leave standing and undamaged all live oak, and riparian hardwood species. The Contractor is responsible to insure that all employees making tree selections can correctly identify each of these species.

· All piñon 12” DRC and greater shall be left as leave trees, and shall be protected from damage by operations.

· All juniper species 14” DRC and greater shall be left as leave trees, and shall be protected from damage by operations.

· All ponderosa pine and Douglas-fir trees shall be left as leave trees, and shall be protected from damage by operations.

· All boundary trees marked with orange boundary flagging, orange paint blazes or trees with a white paint stripe or attached white and/or pink flagging marking Control Areas shall be protected from damage by operations.

· All snags 14” DRC or greater. Unless designated to the COR as a safety hazard.

b. Automatic Cut Trees

Trees shall be pushed / extracted under the following circumstances, and only if they do not meet Automatic Leave Tree Specifications:

All piñon less than 12” DRC will be extracted / pushed or otherwise removed. All alligator juniper, one-seed juniper or rocky mountain juniper less than 14” DRC will be extracted / pushed or otherwise removed. Dead standing trees less than 14” DRC, trees, seedlings, saplings severely damaged by operations, ie; trees that have more than 50% of its bark removed at any given height, whips, pushed, up-rooted or leaning more than 25% due to contractors operations.

5.2.6 Quality Standard - Slash Treatment - For this contract the term “slash” refers to all or part of any woody vegetation as soon as it is severed from the stump, uprooted or otherwise no longer able to grow. For what ever method or methods the Contractor chooses to complete the tasks and objectives of this contract, slash will be generated and a portion of created slash will be treated. Thirty-five percent of the area will receive slash treatment. Areas will be designated in coordination with the COR based on concentrations of created slash, property boundaries or resource concerns. Slash must be kept up with work progress. Within some areas the vegetation to be removed is to sparse to pile, in these instances the removed trees will be left, the Contractor will not be required to move treated vegetation more than 75’ to pile.

If extraction methods are used, slash will need to be placed in piles or windrows following the contour of the slope. Piles shall not be smaller than 12’ in diameter and 12’ in height. Maximum pile size will be determined by pile location and potential impacts. Piles will be placed outside the drip line of all residual trees. Windrows shall not excede 100’ in length without a 20’ break from end to end. Piles or Windrows shall not be any closer than 60’ apart and at least 20’ from any residual tree, drainage edges, roads, fences or property improvements. Piles and windrows shall be reasonably free of dirt and rocks. All piles or windrows shall be compact and tight to facilitate burning. Boles or limbs extending greater than 6’ from the pile or windrow will need to be lopped and placed back into the pile or windrow.

Protect all range improvements, and private land boundaries / properties, section markers from contract activities and concentrated slash.

5.3 Submittals – The contractor shall deliver the following submittals. The Technical Proposal (5.3.1) and the Quality Control Plan (5.3.2) shall be turned in no later than the due date and time referred to in this RFP. The Operations Plan & Schedule will be accepted after Contract award only from the successful offeror.

5.3.1 Technical Proposal - Contractor shall submit a proposal based on the Contractors experience, knowledge and expertise to meet project objectives. The proposal needs to contain enough detail to give reviewers adequate information on how the Contractor will deploy equipment to complete and meet the quality standards explained above. The contractor needs to explain how they will perform those tasks associated with project completion, including a description of equipment to be used, time frames for completion and associated cost to the government. The proposal should include any requirements that the Contractor knows of upfront and may need to complete the contract.

5.3.2 Quality Control Plan - The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Quality Control Plan must demonstrate how the Contractor will assure their work quality meets the requirements and specifications of the contract. It shall specify how their performance 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 project work to determine actual quality percentage.

- QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service performed. Contractor will identify individual who will monitor the quality of the work performed and will provide a schedule of inspections.

- A copy of all quality control inspections shall be given to the COR after each review.

- Only 100% compliance will be accepted except where noted in the Performance Requirements Summary.

5.3.3 Operations Plan & Schedule – A Plan of Operations will be submitted within 10 days after award of contract for approval. This plan shall describe in detail the contractor’s planned operation for completing the project and how he/she will progress through the contract. A practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting, completing and inspecting each task shall be included. The Contracting Officer will approve or recommend changes within fourteen days of receipt of the plan after consulting with the local District and project COR. The pre-work meeting with the contractor will cover the Operations Plan and Schedule, contract requirements or any other issues to clarify the scope of the contract and the desired outcome to ensure expectations are appropriate of the Contractor and the Government and communications are established between the Contractor and the COR.

- Operations Plan & Schedule are due within 7 days after contract award.

5.4 Means of Measurement – All acreages shown in this RFP are approximate. As work is completed acreages will be determined using GPS technology. When the total number of acres listed in this RFP are completed, the Contractor will be notified and the contract obligations will have been met. Any Control Area or designated non-work areas exceeding 1/2 acre in size will be GPS’d and deleted from the gross acreage for payment.

5.5 Disincentives -

- If work is not acceptable, areas will be reworked at the Contractors expense.

- Will not Issue a Notice to Proceed.

- Work must be initiated within 10 days of notice to proceed, or contract will be in default.

- Ten consecutive days of no work being completed on the project without communication with the COR will result in contract default.

- Excessive ground disturbance or working under wet conditions will result in a shut down of operations until moisture levels decrease or a reasonable solution is agreed upon by both parties.

5.6 PERFORMANCE REQUIREMENTS SUMMARY

Task/Critical Subtask
Quality Performance Standards (100%)
Acceptable Quality Level
Means of Measurement
Negative Incentives
Positive Incentives

Submittals

Contractor demonstrates their understanding of project goals
N/A
Technical Review

Contract Award

Equipment Inspection
Passes inspection
90%
Inspection of equipment as

described in 5.2.4 Loss of Contract or fix required repairs Allowed to proceed with project

Tree Density Reduction
Push or Extract

Designated Trees

95%
Visual observations and

Sampling results as provided by the Contractor Rework at no cost to the Government Allowed to proceed with project

Required Leave Tree

No Damage to
95%
Visual observations and Sampling

results as provided by the Contractor Rework at no cost to the Government Allowed to proceed with project

Slash treatment

Piled, windrow or crushed

90%
Random

measurements & Sampling results Rework at no cost to the Government Allowed to proceed with project

Road Use
Original condition of

used roads

100%
Visual observation
Rework at no

cost to the Government Allowed to proceed with project, final payment

D - Packaging and Marking

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E - Inspection and Acceptance

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): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

AGAR 452.246-70 Inspection and Acceptance Alternate I (FEB 1998)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at: Apache-Sitgreaves NF work site.

(c) Acceptance will be performed at: SW-EROC.

Inspection Contractor Self Inspection:

The Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor doing self inspection is quality control of work being performed, thereby allowing the Contractor to identify and correct any quality deficiencies in their work while the work is in progress. Prior to requesting an inspection or payment, the Contractor shall make available to the Government all of their inspection records of the work performed.

Re-inspection Upon Contractor’s Request:

If the original inspection results are unacceptable to the Contractor, a re-inspection may be requested. Requests for re-inspection must be made in writing within 5 days after receipt of initial inspection results. The same inspection procedure will be used but new plots will be selected. The inspection pattern will be shifted so new inspection plots will not overlap previously inspected plots. If the results of the re-inspection rounded to the nearest whole percent are within 5 percentage points of the previous inspection, the Contractor shall pay the actual costs of the re-inspection.

Acceptance Work with a quality of 95% or greater will be accepted at full payment. Work with an inspection quality of less than 80% is not acceptable, and may not be paid, depending on damages suffered.

F - Deliveries or Performance

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 5 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 one year after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin May 1, 2010.

Work Timing

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

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): www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15Stop-Work Order (Aug. 1989)
52.242-17Government Delay of Work (Apr 1984)

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled as close to the starting date of contract time. The conference will be held at a place to be determined at a later date.

G - Contract Administration Data

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. If a disagreement exists as in regards to the contract, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the COR.

Notice to Proceed.

A. [ X] No work may begin on this contract until the COR has issued a Notice to Proceed.

B. [ ] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

Measurement [ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[X] Acreage was measured on a horizontal plane within the established boundaries within plus or minus Five Percent (5%).

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Work areas located on maps are approximate vicinities of actual work areas. Actual acreage worked will be measured by the method(s) indicated above as work progresses.

Re-measurement Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in schedule B, when the units are acres or any linear measurement. The request must be made in writing, within 5 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in schedule B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be performed by the Government. Re-measurement of acreage will be performed by means of a Global Positioning System

Inspection Results Used to Determine Payment The inspection results of the first examination will be used in determining payment and acceptability when re-inspection results are within 5 percentage points of the first inspection. If re-inspection indicates a change of more than 5 percentage points from the first inspection, the results of the second inspection rounded to the nearest whole percent will be used.

Payment Payment will be made for the completed units of work at the contract unit price wherever the quality is 95% or greater. The Contracting Officer shall make the final determination as to what rate, if any, the unit with a quality less than 80% will be paid. Only one partial payment and one final payment shall be made for the entire 846 acres.

Government Furnished Property None

Contractor Furnished Unique Property, Reports, and Data The Contractor shall provide all supplies and equipment necessary to do the job and related tasks in this contract.

H - Special Contract Requirements

Emergencies Fire Plan [ X] See Fire Plan as identified in Section J, [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

Superintendence by Contractor The Contractor shall at all times have a non-working foreman whose intended purpose is quality control of the Contractors work and Contractor self inspection. For crews of more than 15 workers, a second non-working foreman may be required. The name and the specific authorities of the non-working foreman must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractors foreman shall be fluent in the English language.

I - Contract Clauses

The clauses under the Indefinite Delivery Indefinite Quantity (IDIQ) for which this requirement is being solicited are in effect.

The following American Recovery and Reinvestment Act (ARRA) Clauses are incorporated in full text:

52.203-15 Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause) 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause— “Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce.

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