2017_GardenValley_Solicitation.docx

Garden Valley Hand Thinning and Chipping

AG-9JGP-S-17-0021

AG-9JGP-S-17-0021

6. SOLICITATION ISSUE DATE

03/10/2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Olaine Martinez Email: tracymartinez@fs.fed.us

b. TELEPHONE NUMBER 530-478-6823 Office 530-478-6126 Fax

8. OFFER DUE DATE/

04/10/2017

3:00 PM PST

USDA FOREST SERVICE

CCASA

931 COYOTE ST

NEVADA CITY, CA 95959

FAX 530-478-6126

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

|X| SMALL BUSINESS

NAICS: 115310 |_| EMERGING SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

SIZE STANDARD |_| SERVICE-DISABLED VETERAN-

$19 million |_| 8(A) OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICITATION

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

15. DELIVER TO

16. ADMINISTERED BY CODE

SEE BLOCK 9

17a. CONTRACTOR/ OFFEROR

NAME:

18a. PAYMENT WILL BE MADE BY:

ALL INVOICES MUST BE SUBMITTED VIA THE INVOICE PROCESSING PLATFORM AT WWW.IPP.GOV.

PAYMENT WILL BE MADE BY EFT (ELECTRONIC FUNDS TRANSFER).

ADDRESS:

PHONE:

DUNS #:

EMAIL:

|_| SEE ADDENDUM

PROJECT NAME: GARDEN VALLEY HAND THINNING & CHIPPING

SEE SCHEDULE

|X|

ARE

ARE NOT ATTACHED

ARE

ARE NOT ATTACHED

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services to reduce surface fuels loading and ladder fuels to a level that will allow safe fire suppression in the case of a wildfire, and contribute towards improved forest health and wildlife habitat, These services are to be implemented by hand cutting trees and brush, pruning of leave trees and chipping the resulting slash for fuels reduction, according to contract specifications. Cutting shall consist of hand cutting all trees as specified and all brush. Tree and brush cutting shall be done by hand with a chainsaw or manually operated shears in a manner that does not damage leave trees. Chipping shall consist of a tracked chipper and winching system to remove cut slash on slopes greater than 35%.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description Location: The project is located on the Tahoe National Forest, Yuba River Ranger District. See maps for unit locations.

Description: The perimeters of sub-items will be partially flagged with orange and black-striped flagging and other areas of the sub-items will be identified with a single piece of flagging. The project maps are intended to show the general shape and location of the work areas. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of streams and topographic features, when shown, also may be approximate.

Accessibility: Most sub-items are accessible with a 2-wheel drive vehicle after snowmelt. If a sub-item requires a walk in from the nearest road, this will be specified in the Table C. The Government assumes no liability to perform special road maintenance to keep roads open to the project area.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.2-a Protected Sites and Exclusions (non-work areas): The following shall be excluded or protected:

1. Areas adjacent to stream channels and other wet areas, also referred to as Riparian Buffers: Refer to riparian buffer definitions for specifics on each classification of stream or special aquatic feature. Additionally, see unit summaries table for unit specific riparian buffer guidelines.

2. No activities will be permitted within riparian buffers.

3. Controlled sites: Heritage resource controlled sites within the project area will be flagged with blue and black stripe flagging and avoided or activities may resume within these areas at the discretion of the COR/Inspector(s) and the presence of the Districts Archeologists.

4. Sensitive plant avoidance areas are flagged with orange and white-striped flagging. These areas will not be treated and are to be completely avoided during all activities, including staging of equipment, materials and crew as well as tree felling and chipping activities. (These areas will be shown on the contract maps.)

5. Noxious weed infestations will be marked with orange flagging with the words “Noxious Weed” in black prior to commencement of work. These areas will not be treated and are to be completely avoided during all activities, including staging of equipment, materials and crew as well as tree felling and chipping activities. (These areas will be shown on the contract maps.)

6. Meadows, springs, seeps and wet areas. This includes any areas with wet soils or vegetation indicating the presence of water or wet soils. The COR shall designate these areas on the ground and these will be avoided.

7. Survey monuments and bearing trees shall be protected and not damaged in any way.

8. All specified roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage at the Contractor's expense. Excessive slash cannot be left in the roadways after end of each work day. All cut vegetation shall be kept within unit boundaries. Any slash broadcasted onto the roadways must be removed by the end of each workday.

9. Servicing and refueling equipment areas shall be located at a minimum of 300 feet from streams and other wet areas. In case of a HAZMAT spill, the material shall be immediately contained and the Forest Service shall be immediately notified.

10. Within the sub-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas. Such areas exceeding 1/2 acre in size per unit may be excluded from payment.

C.3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start: May 15, 2017 Time: ITEMS 1-17 122 days

C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. When the Contracting Officer (or designated representative) determines that continued operation may be injurious to leave trees.

4. In units with a limited operating period (LOP) for bald eagle, the LOP period that applies is from January 1 through August 30. See Table C-Schedule of Treatments for further detail on this.

C.6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [X] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Provide MSPA certificate (or) proposal and driver’s licenses for pre-work.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance) C.8 Technical Requirements

C.8-1 Definitions:

Aggregation – A pocket of densely packed trees distinct from adjacent areas within a project unit. It is characteristic for trees within aggregations to have a higher percent of phenotypic defects due to competition for resources in close proximity to others.

Brush – all woody shrub species may include, but not limited to, manzanita, whitethorn, deerbrush, dwarf tanoak, silktassel and ribes. For the purposes of this contract bear clover, snowberry and squaw carpet are not considered brush.

Chipping of Cut Material – Manual and/or using a hoisting or winching system to drag of cut vegetation and use of a chipper for purpose of grinding the cut material into chips.

Clumps-areas where two to five conifers are left (uncut). Clumps can vary in size, but should not exceed about ¼ acre (100 foot X 100 foot or a radius of approximately 60 feet).

Conifer - A cone-bearing tree with needles or leaf scales (e.g. pine, fir, cedar).

Co-dominant Tree - A tree with the crown forming the general level of the crown cover and receiving full light from above, but comparatively little from the sides.

C.O.R. - Contracting Officer's Representative.

Crop Tree (Leave Tree) - Any crop tree without excessive damage, which has a live crown ratio of greater than 30%. The top will not be dead, broken, or forked.

Culturing- Where hardwoods are plentiful, thin root-crown sprouts retaining two to three of the healthiest sprouts evenly spaced around the circumference of the stump. Select the largest and healthiest hardwoods for culturing.

Damaged tree – Any crop tree with one or more of the following injuries:

1. Any true fir that has any bark cut or removed to the cambium regardless of the amount.

2. Any other tree species that has bark cut or removed to the cambium from more than 25% of the circumference of the bole.

3. Any tree that has a broken, forked, or dead top.

4. Any tree that has had 25% or more of the live limbs or branches broken or removed by any operation.

5. Defects, which include sweeps in the bole and crooked boles.

DBH - Diameter at breast height; the diameter of a tree measured at a point 4-1/2 feet above the ground on the uphill side of the tree.

Diseased Trees – Any tree greater than two feet tall with a diameter less than twelve inches at DBH with one or more of the following diseases:

1. Mistletoe: Trees with one or more visible infections on any part of the live crown or stem.

2. Gall Rust: Trees with one or more visible cankers on the bole or multiple cankers on the limbs in the green crown.

3. Chlorosis: Trees with off-color foliage, weak root system and otherwise exhibiting a general unhealthy appearance.

4. Damage: Tree that exhibits insect infestation, severe mechanical, animal, or other damages (i.e. trees leaning severely).

5. White Pine Blister Rust: On sugar pine, stem / branch cankers, yellow to red flagging of branches and tops.

Excess Tree - A tree that is left but should have been cut to meet standards.

Forked Trees – Trees with one or more forks in the live crown or with old dead or broken-out tops within 13 feet of the ground.

Gaps-openings where three to eight conifers in one area are removed. They can vary in size, but shall not exceed ¼ acre (100 foot X 100 foot or radius of approximately 60 feet).

Hang-up Tree – A cut tree suspended above the ground by a leave tree.

Hardwood – A tree with broad leaves rather than needles (e.g., oak, madrone, big leaf maple, elderberry, dogwood etc.)

Insect Infested Tree– A tree pitching sap from the bark in multiple spots on the bole, frass in cracks of bark or at base of tree, dead or fading top.

Limited Operating Period (LOP) – This indicates there is a limited period in which operations may occur for a particular work unit. This period is variable based on the species being protected. See the Schedule of Treatments for the definition of each LOP.

Live Crown Ratio – The percentage of the live limbs in relation to the total tree height.

Noxious Weeds- For the purpose of this contract, the following list refers to species on the Tahoe National Forest Invasive Plant List, last updated 5/23/2016, namely:

Hyperium perforatum ssp. Perforatum

Phenotypic Defects - Referring to inherited defects or deficiencies caused by local environmental conditions. Examples: Trees with flat top shapes having under 4 inches of leader growth (measure of previous year), forked or multiple tops, twisting in the limbs bole and trees with sweeping, leaning or drooping forms.

Riparian Buffer Areas- Areas primarily adjacent to streams, ponds, and springs protected by limiting treatments in some situations. Riparian buffers are as follows:

Perennial streams = 100 feet each side of channel (The Reservoir edge is included in the 100-foot perennial buffer).

Intermittent = 50 feet each side of channel Ephemeral streams = 30 feet each side of channel) Special Aquatic Features (wet meadows, seeps, and ponds) =100 feet from feature or riparian vegetation (whichever is greatest).

Slash - All debris resulting from operations including stems, limbs and tops of trees, and brush.

Suppressed Tree - Any tree with less than 30% of its total height in live green crown or with less than 4 inches of current leader growth.

Thinning - The cutting of trees to meet the short term desired condition.

True fir – This classification refers to the conifer species red fir & white fir.

C.8-2 Specifications

8-2.1 Selection of Cut Trees

1. Where an overstory exists, hand cut and chip all trees up to 10 inch dbh (except those specified to be left) within each designated unit. See Table C

2. Where no overstory trees exists over 10 inch dbh, thin live trees to average 20 foot spacing and cut all remaining vegetation per specifications.

3. Remove conifers less than 10 inches dbh and shrubs up to 10 feet beyond the dripline of healthy large conifers.

4. Thin conifers to approximately 20 feet spacing between boles leaving the healthiest trees of the most desirable species. Intermingle clumps and gaps into the spacing distance above.

8-2.2 Selection of Leave Trees

1. Space residual trees 20 feet apart between boles. Select leave trees from healthy, undamaged hardwoods and conifers.

2. Selected leave trees should be the tallest, best formed, disease free, insect free, and damage free trees available. Leaving slightly damaged trees when these are the best available to meet spacing requirements is acceptable.

3. In some areas, there are planted species that are not native to this region. This includes giant sequoia. When these species are encountered, follow this species retention priority list: sugar pine, giant sequoia, Douglas fir, incense cedar, ponderosa/Jeffrey Pine, white fir. If species other than giant sequoia are encountered, the retention priority is equal to giant sequoia.

4. Avoid damaging and do not cut or remove black oak, tan oak, or madrone greater than 10” dbh. Trees of this species less than 10” can be cut.

5. Leave all alders and other riparian vegetation within and adjacent to stream beds (wet or dry).

6. Retain non-hazardous snags (hardwood or conifer) greater than or equal to 15 inches dbh to meet the average four to six per acre that are within the unit boundary.

7. Retain hardwoods except where needed to reduce dense stocking or for operability. A minimal number of hardwoods may be cut where needed to create openings for maneuvering tracked chipper. Where removal of hardwoods is necessary, prioritize by keeping the largest and healthiest hardwoods.

8. Where hardwoods are plentiful, thin root-crown sprouts of black-oak, madrone, and tanoak retaining two to three of the healthiest sprouts evenly spaced around the circumference of the stump. Select the largest and healthiest hardwoods for culturing.

9. Avoid damaging and retain big leaf maple, elderberry, dogwood, California hazelnut and Pacific Yew.

10. Where clumps of three or more hardwoods are at least as tall as the surrounding conifers, remove conifers and shrubs 20 feet beyond the dripline or outside oak crown edge.

8-2.3 Treatment of Brush

1. All brush within the work areas shall be cut with the exception of hazelnut and noxious weeds. All brush treated shall be cut within 4 inches of the ground or 4 inches of obstacles (i.e. rocks, down logs) and no leaves shall remain attached to the portion remaining in the ground.

8-2.4 Treatment of Slash

Slash and other vegetative debris shall meet the following specifications:

1. Treated material shall not lean against or be suspended by an over-story tree.

2. After treatment, tree stump heights shall be no more than 6 inches high as measured on the uphill side or 4 inches above natural obstacles (i.e. logs, rocks) Cut stumps of trees and brush so that there is no more than 3” to 6” remaining. Make the residual stand easy to walk through and cut stumps low so they are not a tripping hazard.

3. All existing downdead slash within a range of 3-10 inches diameter will be bucked and chipped.

8-2.5 Treatment of Logs

Do not cut or otherwise damage any existing down logs greater than 10 inches in diameter on the small end.

8-2.6 Trees, shrubs, and other Plants to be Left Untreated

1. All Pacific Yew trees (Taxus brevifolia) will be left and no work will be performed within 3 feet of these trees.

2. All noxious weeds shall be left untreated. These will be treated in a separate project.

3. Do not cut any dogwood, Pacific yew, or California Hazelnut.

8-2.7 Pruning

1. All leave trees shall be pruned of lateral branches to at least 6 feet from the ground or 2/3 the height of the tree (whichever is less).

2. When pruning, maintain 50% live crown on conifers.

3. Pruning cuts shall be made no closer than ½ inch and no farther than 2 inches from the bole of leave trees.

4. Pruning will be done by first making a cut on the underside of the branch and then severing the branch from above to reduce injury to the branch collar.

5. Pruned material will be chipped.

8-2.8 Chipping Equipment Specifications

1. The chipper must have rubber tires/tracks. See Attachment 6 – Soil Moisture Content

2. Equipment performance: Chipper must be at least 135 Horse Power and/or able to chip material up to 10” dbh.

3. Chipper must be equipped with a hoisting or winching system to be used when slope is greater than 35%.

8-2.9 Chipping Activity Specifications

1. The chips will be evenly dispersed across the landscape and shall not be left with accumulations greater than 6 inches in depth.

2. Chips shall not be left on leave trees.

3. When bare soils are present, chips will be disbursed in these areas and shall not be left with accumulations greater than 6 inches in depth.

4. Dispersement of chips will be broadcasted away from ridges and roads.

5. Chipper will not be permitted to enter any riparian areas and/or buffers and NO chips will be distributed within riparian areas.

6. No chipping of Scotch Broom

7. When chipper goes off-road, the chipper will be visually inspected for any noxious weeds. Inspection will be conducted by COR and Inspector before re-location to another unit. Infested equipment will be washed bofore moving to another off-road area/unit.

C.8-3 Contractor-Furnished Equipment- Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and replacements are the responsibility of the Contractor and shall be at the Contractor's expense. If, during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs.

C.8-4 Government-Furnished Property -None. See Section G.

C.8-5 Public Safety The contractor shall provide for public safety when operating equipment within 200 feet of open roadways and designated trails by posting cautionary signs warning of hazardous work ahead. Warning signs (at least two, one for each direction) shall be posted on roads. These shall be located 200 feet from the intersection of the road and unit boundary at each edge of the unit. Signs shall be posted whenever working to alert oncoming traffic of the safety hazards associated with the operation. Trails must also be signed unless administratively closed by the Government. Signs shall include phrases similar to “Caution, tree falling stay back 200 feet” and be no less than 3 feet X3 feet in size. Lettering shall be at least 6 inches in height.

SECTION 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.aquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) E.1 Sampling Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be: 1/50 acre

1/50 acre plot is a circular plot measured on a horizontal plane having a radius of 16.7 feet.

E.2 Quality Control Plan – Contractor Quality Control:

The Contractor shall provide an approved Quality Control Plan describing methods to insure that the material produced comply with the applicable specifications of the specifications. In addition to the requirements in FAR 52.212-4, the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is quality control of work being performed, thereby allowing the Contractor to identify and correct any quality deficiencies 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.

E.3 Quality Assurance Plan For all units, the Government will inform the Contractor or his designated representative of inspection results within 4 working days of completion. Unacceptable work will not be accepted and shall be corrected by the Contractor at no additional cost to the Government. The contractor shall complete all corrections of unacceptable work within 10 calendar days following notification of unacceptable work.

E.4 Specific Inspection Procedures

The Government will conduct informal compliance inspections in addition to formal inspection by plot sampling to determine compliance with the contract and Quality Standard. The formal inspections will be a systematic random sampling across the treated area, and will measure both quantity (spacing) and the quality of work. All plots sampled will represent the final result in meeting the Quality Standard or Acceptable Quality Level (AQL). Units may be sampled in entirety or partially, as work progresses, for final acceptance of the unit. Therefore, the inspection process may inspect only part of a unit, but once that part has been inspected and meets the Quality Standard the area inspected will be deemed to be acceptable. However, full acceptance and payment of a unit is reserved until the entire unit is completed, the final inspection of treated area is complete, and all inspections for the unit have passed. Inspection results will be averaged per unit and payment calculated on a per unit basis. Each plot will be inspected to determine:

A. The number of trees left uncut per specification C8-2.1. If any trees are left uncut per specifications, the plot fails.

B. The number of brush left uncut per specification C8-2.3. If more than 1 shrub is left uncut or left with too high stump the plot will fail.

C. Pruning will be inspected for adherence to specification C8-2.7. If more than 2 branches per this spec is left the plot will fail.

D. Slash treatment will be inspected per specification C8-2.4 and all material that is to be chipped per specification C8-2.9 is chipped.

E. The chips will be evenly dispersed across the landscape and shall not be left with accumulations greater than 6 inches in depth per specification C8-2.9.

F. Any vegetation cut per specification C8-2.6 Trees, shrubs, and other Plants to be Left Untreated will be charged under liquidated damages (see Section G)

Work will be accepted for payment on the basis of final inspection and passage of specification refer to Section G-Payments. The Government will inspect for compliance of specifications. Plots will be located throughout the sub-items so as to obtain a representative sample of the area. Sub-items will be inspected separately and not combined for the purpose of determining percent of satisfactory work.

A series of 1/50-acre plots (16.7 foot plot radius) distributed over the entire unit sufficient to yield at least a one-half on one percent sample (0.5%) will be taken. Plot centers will be marked.

On each plot the COR, or designated Inspectors will record the plot number, whether the plot is satisfactory or unsatisfactory and the reason if unsatisfactory. Each plot will be examined to record findings on the items “1” through “10” listed below. To be considered satisfactory these items must meet the following criteria:

Performance Measures for Hand Cutting (Sub-items)

3. Selection of leave trees (Species retention and diversity (conifers, hardwoods)

4. No Dogwood, Pacific yew, or California Hazelnut should be cut-if one or more are cut within a plot, the plot will fail

5. Black oak or madrone >10” DBH, should not be cut or removed

6. Alders and other riparian vegetation within and adjacent to stream beds (wet or dry) should not be cut.

7. Stumps of trees and brush so that there no more than 3” to 6” remaining.

8. Prune branches of all remaining conifers and hardwoods to 6 feet in height

9. Riparian buffer compliance

10. Chipping dispersion: evenly dispersed off of roadways and ridges, and accumulation of chips no more than 6 inches in depth.

Each of these gets a rating of 1.Total possible points of 10.

E.3 Acceptance Work on this contract will be deemed acceptable when a score of 90 percent or more is achieved. For a score of 80 percent or more but less than 90 percent, 2 percent of the unit price pay will be deducted for that unit for each percentage point below 90%. If the inspection score is less than 80 percent then there is no pay. The unit may be reworked ONCE and then re-inspected. This re-inspection score will be the final result for payment on that unit. Because some of the units in this contract are so large, plots will be installed as work progresses and the Contractor will be notified of inspection results that are not satisfactory as they are found. (see re-inspection after rework below)

E.3-1 Acceptance Level Quality Standard: Work with a quality of 90% or greater, as determined by Government inspections, will be accepted at full payment.

Minimum Quality Level: Quality below 90% on any unit within an item is not acceptable, and may not be paid for. The unit will require rework at the Contractor’s expense to raise AQL to 90%.

E.4 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work within ___3_______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Estimated Start Work Date: May 15, 2017 Contract Time (Calendar Days) 122 days

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub-items. Contractor shall complete all work on one sub-item before proceeding to another.

In the event of award of more than one item to one contractor, times will run consecutively. See priority of work.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

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 Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Measurement Methods of Measurement.

Acreage was measured on a horizontal plane using a Global Positioning System. (Edits were made using digitized contours and roads in ArcMap.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 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 percent.

Invoices.

Payment will be made from Contractor's invoice.

Internet Payment Platform (IPP)

After February 28, 2014 all payment requests must be submitted electronically through the US Department of the Treasure’s Internet Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time)

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

Designation of Contracting Officer’s Representative (COR) Contracting Officer’s Repressentative (COR) will be designated to represent the Contracting Officer in furnishing technical guidence and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor reletive to the financial or legal aspect of the contract. Those matters are the responsibility of the Contracting Officer and shall not be deligated. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to the extent indicated in the contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting Officer. No oral statements of any person whosoever will in any matter or degree, modify or otherwise effect the terms of this contract.

Public Officials Not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Emergencies

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression Requirements.

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent 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 Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 432,433) National Historic Preservation Act of 1966 (16 U.S.C. 470) and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e) shall be identified on the ground by the Forest Service with blue and black stripped flagging.

Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect Controlled Areas flagged on the ground in blue and black flagging, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. Contractor shall immediately notify Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until Forest Service authorizes Contractor to proceed. If such damage is negligently or willfully caused by Contractor's operations, Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

Safety When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor’s operations. This may require the use of flag persons in addition to signing or other methods of warning. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD).

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes equipment such as ATVs or chippers; it does not include service vehicles, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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

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

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

1. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

b. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on…