1_Osgood_IRSC_Solicitation.docx

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Osgood Stewardship IRSC Federal contract opportunity
Solicitation number
AG-9JGP-S-17-4012
Issued by
Department of Agriculture Forest Service R5-Pacific Southwest Region

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9_Osgood_Fire_Plan.docx DOCX document
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6_Osgood_Appendix_C_T-Specs_803.pdf PDF
8_Wage_Determination.pdf PDF

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1. REQUISITION NUMBER
PAGE 1 OF 85
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2. CONTRACT NO.
3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICIATION ISSUE

DATE

AG-9JGP-S-17-4012
May 10th, 2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME
b. TELEPHONE NUMBER/EMAIL
8. OFFER DUE DATE/

LOCAL TIME

Matthew Gagnon Robert Guebard 530 543-2684

matthewgagnon@fs.fed.us
May 31,2017 @ 3PM
9. ISSUED BY
CODE
9JGP
10. THIS ACQUISITON IS |X| UNRESTRICTED OR |_| SET ASIDE
% FOR:

USDA Forest Service Central California Service Area 631 Coyote Street Nevada City, CA 95959

|_|
SMALL BUSINESS
|_|
WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

|_|
EDWOSB
NAICS:
|_|
HUBZONE SMALL BUSINESS
|_|
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS
|_|
8(A)
SIZE STANDARD:

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

|X| RFQ
|_| IFB
|X|RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17A. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE

Email: @ Telephone No: ( ) - x Albuquerque Service Center – Miscellaneous Payments 101B Sun Ave N E Albuquerque, NM 87109

DUNS:

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

BELOW IS CHECKED

|X| SEE ADDENDUM

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

OSGOOD STEWARDSHIP IRSC

LAKE TAHOE BASIN MANAGEMENT UNIT

See attached Schedule of items

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

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
|X|
ARE
|_|
ARE NOT ATTACHED
|_|
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 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
DATED , YOUR OFFER ON SOLICITATION
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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.2/2012)
PREVIOUS EDITION IS NOT USABLEPrescribed by GSA FAR (48 CFR) 53.212
Osgood Stewardship IRSCPage 1 of 85
Project name: Fiberboard CTL Fuels Reduction and Forest Health StewardshipSolicitation No.Page 2 of 1

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

Amount

SEE ATTACHED SCHEDULE OF ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED
|_| INSPECTED
|_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

/
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

( ) - x

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT
37. CHECK NUMBER

|_| PARTIAL |_| FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NUMBER
39. S/R VOUCHER NUMBER
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
42a. RECEIVED BY (Print)
41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD)
42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2011) BACK

Solicitation No. AG-9JGP-S-17-4012 Osgood Stewardship IRSC

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section L for instructions on preparing your proposal and pricing.

Bonds: Bid Bonds, Payment Bonds, and Performance Bonds are not required for this project.

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

B.2SCHEDULE OF ITEMS
B.2.1 MANDATORY WORK ACTIVITIES:
Contractor Name
ITEM NO.
DESCRIPTION OF

MANDATORY WORK ACTIVITIES

UNIT
ESTIMATED

QUANTITY

UNIT PRICE
TOTAL
1
Thinning Treatment-Small Tree Thinning and Forwarding to Landing Unit 12
Acre
87
$
$
2
Fuels Treatment-Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 12
Acre
87
$
$
3
Thinning Treatment-Small Tree Thinning and Forwarding to Landing Unit 1012
Acre
46
$
$
4
Fuels Treatment - Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 1012
Acre
46
$
$
5
Thinning Treatment- Small Tree Thinning and Forwarding to Landing Unit 169
Acre
54
$
$
6
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 169
Acre
54
$
$
7
Thinning Treatment- Small Tree Thinning and Forwarding to Landing Unit 1169
Acre
9
$
$
8
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 1169
Acre
9
$
$
9
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 170
Acre
43
$
$
10
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 170
Acre
43
$
$
11
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 184
Acre
35
$
$
12
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 184
Acre
35
$
$
13
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 186
Acre
20
$
$
14
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 186
Acre
20
$
$
15
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 187
Acre
35
$
$
16
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 187
Acre
35
$
$
17
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 192
Acre
91
$
$
18
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 192
Acre
91
$
$
19
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 193
Acre
55
$
$
20
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 193
Acre
55
$
$
21
Thinning Treatment - Small Tree Thinning and Forwarding to Landing Unit 216
Acre
8
$
$
22
Fuels Treatment- Cutting Snags and Removal/Masticating /Chipping/Piling/Lopping & Scattering Activity and Existing Slash and Biomass Unit 216
Acre
8
$
$
23
Road Maintenance, erosion control
Lump sum
1
$
$
Total All Mandatory Service Items
$

B.2.2 OPTIONAL WORK ACTIVITIES:

Contractor Name
ITEM NO.
DESCRIPTION OF

OPTIONAL WORK ACTIVITIES

UNIT
ESTIMATED

QUANTITY

UNIT PRICE
TOTAL
1
N/A
N/A
N/A
$
$
Total All Optional Service Items
$

*B.2.3 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES
PRODUCT
QUANTITY
UNIT OF MEASURE
MINIMUM ACCEPTABLE OFFER
OFFER

(FLAT)

TOTAL OFFER

WF/RF
Sawtimber
1858
CCF
$5.06
$
$
LP
Sawtimber
1065
CCF
$1.00
$
$
JP
Sawtimber
1066
CCF
$5.00
$
$
IC
Sawtimber
38
CCF
$1.00
$
$
Total – All Products
$

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

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

*This sale has passed a check cruise. Sawlog cruise error is 6.42%.

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-2.1 will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed.

SECTION C – DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

C.1 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications.

C.2 Project Description

(a) Description of Work:

This solicitation and any resultant contract is a stewardship project in accordance with Section 323 of Public Law 108-7 (16 U.S.C. 2104 Note, as revised February 28, 2003 to reflect sec. 323 of J.J. Res. 2 as enrolled), the Consolidated Appropriations Resolution, 2003, amending Public Law 105-277, sec. 347. This is a commercial item acquisition that has been tailored to fit the Government’s method of trading goods for services. Work includes 23 mandatory activity bid items that will be treated in addition to thinning and removal of commercial sawlogs on 483 acres. These stewardship work activity items are described in detail in Appendix A and attachments. Treatment areas consist of natural stands. The intent of the Osgood CTL contract is to conduct commercial tree thinning and reduce hazardous fuels. Commercial thinning will be accomplished through cutting and removal of individually designated trees. Reduction of hazardous fuels will be accomplished by thinning and removal of small conifers and treatment of activity and existing slash and biomass. Completion of associated erosion control and road maintenance work will be required for all operations. Brush treatment is not a bid item and is not a requirement of this contract.

It is the intent of this contract to both remove and dispose of as much activity and existing slash and other biomass generated from operations as feasible so as to limit the amount of post-contract government slash burning. Whole tree removal of small trees, and removal of top portions and limbs of larger trees to the landing will be required. Removal of existing dead and down to the landing will be required, while retaining what is necessary to meet wildlife requirements. Other slash treatment methods may be utilized only with contract administrator approval. Such methods may include masticating/chipping, piling, or lopping and scattering of slash and biomass material. Refer to Appendix A for detailed tree thinning and slash treatment specifications.

Work unit boundaries are shown on the Contract Area Map and delineated on the ground with blue and pink flagging and orange boundary paint facing into the unit and along the boundary. Equipment exclusions for streamzones and wet areas are flagged with red and black-striped flagging. Soil moisture concerns are flagged with green and blue flagging. Special measures areas (SMA) are flagged with blue and black-striped flagging. Information on restrictions within these areas as well as additional flagging colors/combinations are listed in table 7 of Appendix A.

Work activities shall be accomplished utilizing hand falling, cut-to-length harvesting and log forwarding operating over dry ground or over-the-snow capable of processing (limbing and bucking) felled trees into logs for forwarding. FS personnel will determine what constitutes operable conditions. Refer to LTBMU Wet Weather Operation Agreement for detailed information. No log skidding shall be allowed under this contract. The harvester machine shall be capable of operating on slopes up to 30 percent, have an articulated boom having an operating reach of at least 20 feet for cutting trees, and capable of lowering and placing trees up to 20.0 inches dbh on the ground. Trees exceeding the harvester’s capability may be felled by conventional chainsaw methods. The Contractor shall have at least one operable rubber-tire harvester and one operable rubber-tire log forwarder for operating within stream environment zones (SEZs), riparian areas or areas with soil moisture concerns where no tracked equipment shall be allowed. Tracked equipment shall be allowed for treatment areas outside of SEZs or riparian areas. Trees greater than 29.9 inches dbh (33.9 inches dsh), whether marked with blue paint or not shall not be cut unless painted with an "H" by the Forest Service in blue paint.

Log Forwarding: All products shall be removed by an operable rubber tired all-wheel drive machine capable of carrying products free of the ground and able to self-load and unload and operate on slopes up to 30 percent in the loaded direction downhill and 25 percent in the loaded direction uphill. The log forwarder shall operate over a slash mat in SEZs. Trails for removal of material shall be at least 40 feet apart. All forwarding trails shall be designated and approved in advance by the Contracting Officer Representative.

Below are general descriptions for each bid item. See Appendix A for specifications for each bid item.

Mandatory Bid items 1, 3, 5, 7, 9, 11, 13, 15, 17, 19 & 21

-Thinning Treatment: UNITS 12, 1012, 169, 1169, 170, 184, 186, 187, 192 & 216

· Small tree thinning and whole tree forwarding to landings on 483 acres of generally upland conifer stands.

· Conifers between 24” tall - 9.9” DBH will be designated for cutting by description (see Appendix A).

· Trees 10.0 - 29.9” have been marked for removal with blue paint and are not part of this bid item (see Appendix B).

Mandatory Bid items 2, 4, 6, 8, 10, 12, 14, 16, 18, 20 & 22

- Fuels Treatment: UNITS 12, 1012, 169, 1169, 170, 184, 186, 187, 192 & 216

· Cutting snags and Removal/Masticating/Chipping/Piling/ Lopping and Scattering snags, down fuels, and activity slash on 483 acres of generally upland conifer stands.

· Slash and biomass will be removed, according to the specifications in table 5 of Appendix A.

· Snags 2 - 9.9” DBH, and snags marked in blue paint are designated for cutting (see appendix A).

· Material not removed may be masticated or chipped using a self-propelled masticator or chipper or lopped and scattered with contract administrator approval (see appendix A).

· Machine piling may be permitted by agreement in areas of high fuel loads outside of no mastication/chipping/piling areas (see appendix A).

Mandatory Bid item 23- Road maintenance and erosion control: ALL UNITS

· Included in this item are equipment mobilization and the costs associated with seasonal move-in and move-out requirements. Perform road maintenance consisting of road blading, drainage maintenance, preventative maintenance, and dust abatement. Perform erosion control work consisting of installing sediment barriers around landings. Refer to H.18 - EROSION PREVENTION AND CONTROL and Appendix C for additional specifications. Work must be in compliance with all applicable Best Management Practices (BMPs) listed in Appendix C, and the LTMBU Agreement for Wet Weather Operations and Operations Outside Normal Operating Season.

Exclusions (non-work areas): Areas within the project area that are excluded from work are shown on project area maps and may include rocky areas, wildlife areas, wet areas, streamside buffers, and other special areas. The Contracting Officer’s Representative may designate additional no-work areas based on stand conditions at the time of implementation. Payment will not be made for no-work areas greater than one acre in size.

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.

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

(c) Project Location – The project area (483 acres) is located on the South Shore of Lake Tahoe. The legal locations are: Township 12N, Range 17E, Sections 12, 25 & 36, and Township 12N, Range 18E, Sections 7, 15, 21, 23, 26, 27, 30 & 31 (MDBM) Mount Diablo Base and Meridian. All treatment areas are between elevations of approximately 6,320 feet-7,080 feet. Access to the units is from Fallen Leaf Rd., Tahoe Mountain Rd., Nez Pierce Dr., Oneidas St., and forest roads 12N20, 12N20C, 1201, 12N17, & 12N08. See Attached Maps.

C.3 Specifications Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance/Erosion Control plans and specifications can be found in Appendix C. Information in these appendices reference the following documents for more specifications:

· Water Quality Management for National Forest System Lands in California – Best Management Practices, USDA Forest Service, Pacific Southwest (PSW) Region, 2011 – Region 5 Forest Service Handbook 2509.22, Chapter 10 found at http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5399662.pdf

· National Best Management Practices for Water Quality Management on National Forest System Lands, Vol 1: National Core BMP Technical Guide. USDA Forest Service, April 2012. The national BMPs will be used to supplement the above listed PSW Regional BMPs found at http://www.fs.fed.us/biology/resources/pubs/watershed/FS_National_Core_BMPs_April2012.pdf

· Appendix F of the Waste Water Discharge Permit (WWDR) found at http://www.swrcb.ca.gov/lahontan/board_decisions/adopted_orders/2012/docs/r6t2012_0015.pdf

· LTBMU Agreement for Wet Weather Operations and Operations Outside Normal Operating Season (see attached)

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

(a)Identified claims limiting Contractor's rights;
(b)Boundaries of cutting units;
(c)Areas where leave trees are marked to be left uncut;
(d)Roads listed
(e)Sources of base course, rock riprap and surface rock;
(f)Roads where log hauling is prohibited or restricted;
(g)Roads and trails to be kept open;
(h)Improvements to be protected;
(i)Locations of known historical sites;
(j)Maximum stump heights when more than one height is listed by areas;
(k)Skidding or yarding methods specified;
(l)Streamcourses to be protected;
(m)Other features required by Appendix B; and
(n)Boundaries of stewardship work activities.

C.5 Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause(s) contained in Section I of the contract.

Description of Property
Value
Quantity
Return/Consumable

None

C.6 Operating Plan and Schedule:

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

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

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

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

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

Key Personnel

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

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

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

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

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

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

7.1 Sustainable products identified for this solicitation:

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

7.1.1 BioPreferredProducts:

a Diesel Fuel Additives

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

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

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

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

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

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

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

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

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

7.1.2 EPA Designated Products:

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

C.8 Definitions Acceptable Quality Level: The allowable leeway or variance from a standard before the government will reject the specific service. An AQL does not say that the contractor may knowingly offer defective service. It implies that the government recognizes that defective performance sometimes happens unintentionally. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the government. The contractor, however, must re-perform the defective service when possible.

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

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

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

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

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

Quality Control: Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the Performance Statement of Work. Refer to Inspection and Acceptance in clause 52.212-4 and Contractors Quality Control Plan as described in Section E.

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

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

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

Standard: An acknowledged measure of comparison.

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

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

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

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

C.8.1 Technical Definitions – See Appendices.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items E.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 Contractor Quality Control Inspection System The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

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

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residiual tree care and other associated tasks and an unbiased sample of:

0. Thinning Sub-items.

0. Selection and condition of leave trees.

0. Spacing of leave trees.

0. Amount of material left uncut that meets the cutting specifications.

0. Removal of cut trees to landings as specified.

0. Height of stumps after cutting.

0. Compliance with individual unit resource protection specifications (Table 7).

0. Fuels Treatment Sub-items.

1. Amount of material not removed that meets specifications.

1. Amount of material left unmasticated/chipped that meets specifications.

1. Amount of material not piled that meets specifications.

1. Amount of material not lopped & scattered that meets specifications

1. Depth of masticated/chipped material does not exceed specified depth.

1. Depth of lopped & scattered material does not exceed specified depth.

1. Down log component meets specifications.

1. Compliance with individual unit resource protection specifications (Table 7).

0. Road Maintenance Sub-items.

2. Compliance with specifications and drawings.

2. Compliance with all applicable Best Management Practices (BMP).

2. Compliance with the LTBMU Agreement for Wet Weather Operations and Operations Outside Normal Operating Season.

2. Compliance with individual unit resource protection specifications (Table 7).

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

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

E.4 Government Quality Assurance Surveillance Plan Quality assurance specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items

F.1 52.252-2 Clause Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop-Work Order (Aug 1989)

F. 2 Commencement, Prosecution, and Completion of Work The Contractor shall be required to (a) commence work under this contract in accordance with the accepted operation plan; starting work when the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire project including final cleanup of the premises by October 31, 2021.

See Section F.4 below for special contract time and performance restrictions concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for resource protection, etc. may be addressed in the Technical Specifications.

F.3 AGAR 452.211-74 Period of Performance (FEB 1988) The effective period of this contract is from June 15, 2017 through October 31, 2021.

(End of Clause)

F.4 Special Contract Time and Performance Restrictions The Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

Contract Item or Area Description
Description of Restriction
All Contract Areas
Normal Operating Season: May 1 – October 15, inclusive. For the entire project area no ground disturbing operations shall be allowed between October 16 and April 30 due to sensitive soils (Tahoe Regional Planning Agency grading ordinance restriction), unless a variance is issued.
All Contract Areas
For the entire project area no ground disturbing operations shall be allowed until FS personnel have determined operable soil conditions exist. Operations shall not occur when the Contracting Officer Representative has determined that adverse weather has made access, haul, or forwarding too dangerous or that continued vehicular travel would cause unacceptable road, landing, or forwarder trail damage. Forest roads, landings, or forwarder trails shall not be used for access, haul, or forwarding if such use will result in rutting. If damage to roads, landings, or forwarder trails occurs, it shall be mitigated according to Specifications listed under Road Maintenance and Erosion Control.
All Contract Areas
Limited Operating Periods (LOP) are placed on units that limit the hours of operation from 8:00 a.m. to 6:00 p.m. to limit noise disturbance to adjacent subdivisions, unless otherwise agreed to by the Forest Service. Operations on holidays are permitted only by contract administrator. LOPs may be placed on some units for other reasons. Please refer to table 7 in Appendix A.
All Contract Areas
Location of areas needing special measures for protection of plants or animals are shown on individual unit maps and may be identified on the ground with blue and white-striped flagging. If a Limited Operating Period is needed for such protection, the dates of restricted activity are shown on the project area map and/or Individual Unit Resource Protection Specifications Table in Appendix A. If protection measures prove inadequate, if other such areas are discovered, or if new species are listed or found during the term of the contract, the Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.
All Contract Areas
In accordance with the Fire Precautions and Emergency Measures

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

ITEM DESCRIPTION
SUBMITTAL DUE
COPIES REQUIRED
Proposed Operation Plan (Overall Schedule): The Contractor shall prepare and submit two copies (or one electronic copy) of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the starting and completion dates of various phases of the work. The schedule shall comply with the contract time requirements in the contract (or Task Order), including, but not limited to Paragraphs F.2 and F.5. The schedule shall be provided in either 8.5’x11’ or 11’x17’ format.
With Proposal
2
Subcontractors: List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officer’s written approval prior to starting work on the project.
With Proposal
2
Traffic Control Plan. The Contractor shall prepare and submit a Traffic Control Plan detailing conformance with OSHA requirements, MUTCD requirements, and all other contract requirements, including, but not limited to Paragraph H.9, “Traffic Control Plan” and the requirements included in the Appendices, if any.
10 days after issuance of Notice to Proceed
2
Soil Erosion and Water Pollution Control Plan. The Contractor shall prepare and submit an Erosion Control Plan detailing permanent and temporary control measures to minimize erosion and sedimentation during and after contract performance. Plan shall conform to all contract requirements, including but not limited to Paragraph H.18, “Erosion Prevention and Control”, and the requirements in the Appendices, if any.
10 days after issuance of Notice to Proceed
2
Safety Plan. The Contractor shall comply with the requirements of FAR 52.236-13 – Accident Prevention, for all activities under this contract. (Paragraph H.5)
With Proposal
1
Quality Control Plan. Submit original with proposal. Any updates need to be provided for approval to the CO. Refer to E.2
With Proposal
2
Designation of Contractor personnel describing responsibilities and authorities
At prework Meeting
2
BioBased Report. Submit annually. Refer Section C.7
October 31

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

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1Reserved
G.2Measurement

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

G.3 Payment It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial Items (i) – Payments and 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (See clause 52.212-5). Submit certification G.8 with all invoices.

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

G.3.1Payment Reductions
G.3.1.1Payments for tasks meeting stated minimum AQL or above

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL and above (As identified in Appendix A, Section VII.)

G.3.1.2 Payments for task with AQL between 1% and 10% below minimum AQL If the task deliverable cannot or will not be reworked to achieve the minimum required AQL, payment of 90% of the unit price will be applied to tasks falling between 1% and 10% below identified AQL.

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

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

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

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

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

G.3.2 Re-Inspection Costs If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection will be authorized at each of the draft stages and one at the final report stage.

· Any resubmittals of drafts will be re-inspected and will accrue re-inspection costs.

· If final report requires rework the resubmittal will be re-inspected and will accrue re-inspection costs.

The table below lists charge rates for Government re-inspection of work.

Activity
Charge rate
Government wages (per employee performing re-inspection)
$50.00/hour
*Government mileage
$0.575/mile

*Mileage reimbursement rate in effect January 1, 2016 is $.54 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website GSA Mileage.

G.3.3 FINAL PAYMENT - RELEASE OF CLAIMS

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

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

G.4 Incidental Payment Items The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

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

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

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

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

Blanket Payment Bond:

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

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

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

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

G.6 Stewardship Credits Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.7 Establishment of Stewardship Credits Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

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

Stewardship credits will not be established for work that is in…

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