Attachment_01_-_PWS.pdf

Performance Work Statement

Yosemite National Park Foresta Defensible Space

June 1, 2023

Performance Work Statement Foresta Defensible Space

Part 1

General Information Yosemite National Park is a fire adapted ecosystem, requiring frequent fire to reduce understory and overcrowded forests to create a healthy forest and ecosystem. In the absence of fire, areas have become overgrown, and fuels have accumulated to unnatural levels. Multiple years of drought, bark beetle outbreaks, and high severity fire has resulted in heavy dead and down fuels accompanied by thick brush and dead standing trees.

This contract seeks resources to help reduce the fuel loading in high fire danger areas to protect wildland urban interface (WUI) communities within Yosemite. Pre-identified areas will be treated by cutting small diameter trees (less than 20” diameter) and brush. Materials will be piled to be burned under cooler conditions by park fire crews. These areas have been identified for treatment and have been approved through the in-park compliance process. Monitoring of work may need to occur to ensure natural and cultural resources can be protected. The reduction of wildland fuels will occur within and near the community of Foresta.

1. GENERAL: This is a non-personal services contract to provide Hazard Fuel Reduction. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Hazard Fuel Reduction as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Yosemite Fire and Aviation Management (FAM) is a relatively small fire management program with limited resources. FAM has 4 engine crews and one 10-person wildland fire module. The primary restoration tool in Yosemite is prescribed fire and managed wildland fire for resource benefit. Due to heavy accumulation of fuels and overgrown brush, areas targeted to burn will need significant thinning of fuels to implement future prescribed fire projects. Prescribed fire is usually a phased approach: first phase is to “prep” the units by reducing fuels and opening spacing between trees. This initial phase is labor intensive and may require addition mechanical equipment to complete. General prescription is to thin small diameter trees leaving 20 foot spacing, piling and gathering of down and dead material. Piles will be burned by FAM staff later or concurrently if conditions are favorable. Typically, this work has been conducted by hand crews, heavy equipment such as: chippers, skidders, excavators, and mastication machinery.

1.3 Objectives: Reducing hazardous fuels in Yosemite wildland urban interface communities.

Mechanical thinning to reduce surface and ladder fuels, breaking the horizontal and vertical continuity, and thereby reducing the threat of catastrophic fire.

1.4 Scope: The contractor shall furnish supervision, operators, equipment, and transportation required for fuel reduction treatments in the community of Foresta. The primary treatment method will include cutting small diameter trees and shrubs, piling cut material and down and dead woody debris, chip and scatter in areas where equipment and crews cannot work due to access or cultural concerns. Services include providing equipment, personnel, fuel, maintenance, safety PPE, fire suppression tools. The contractor shall accomplish the targeted area identified in the scope of work avoiding areas identified as cultural or natural resources within the project boundary.

Description of actions

1. Fell hazard trees if deemed unsafe to work near with consultation of Park Forester or

COR

2. Stack and pile dead and down biomass including boles less than 12”. Manipulation of material will be performed by winching, skidding, or forwarding with rubber tired or tracked equipment.

3. Thin conifers up to 20 inches diameter and remove ladder fuels.

4. Apply borax anti-fungal compound to stumps and flush cut to 6” above ground.

5. Chip: limbs, branches, and small diameter material where piling is not feasible.

6. Where chipping is used broadcast chips to a layer no greater than 4”

7. Pile material in 8x8 diameter area and no greater than 20x20 for machine-built piles.

8. Avoid piling under or near snags, powerlines, and black oaks. Favor open sites leaving

20–30-foot clearance from leave trees.

1.5 Period of Performance: The period of performance shall be for one year from the time of award.

1.6 General Information

1.6.1 Quality Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is how he assures himself that his work complies with the requirement of the contract. The QCP will be delivered within 30 days after contract reward. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Inspection: The Government will conduct inspection upon completion of required services.

Final payment will be processed upon confirming that all noted contractor performance deficiencies have been satisfactorily corrected

1.6.4 Invoicing:

1.6.4.1 Monthly invoices will be submitted via e-mail for approval prior to submitting via Invoice Payment Platform (IPP).

1.6.4.2 Monthly invoices will include dates of service, work performed including acres cut and amount invoiced.

1.6.4.3 Payments will be made for the work performed during that invoicing period.

1.6.5 Recognized Holidays: Contractor is not required to perform service on holidays

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.6 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0600-1800 Monday thru Saturday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.7 Place of Performance: The work to be performed under this contract will be performed at Yosemite National Park within and near the community of Foresta.

In accordance with AP&P 1443.37-1 the following requirements will be applicable to any and all on-site contractor personnel:

a) Unless required to perform the work, and stipulated in the contract, NPS staff shall not set hours for contractor personnel or specify where the work shall be performed.

b) When more than one individual is performing on-site from a single contractor, an on-site supervisor or leader for contractor personnel shall be identified by the contractor.

c) NPS may give overall contract performance feedback to the contractor’s supervisor through the CO or Contracting Officer’s Representative (COR). NPS personnel may not conduct or give input on performance appraisals for contractor personnel.

d) Contractor personnel shall report leave, scheduling and other such issues to the contractor’s supervisor, not to NPS employees. The supervisor of the contractor shall then communicate this information to the CO and the COR.

e) Work shall be given to contractor personnel through the contractor’s supervisor by the CO or by the COR. NPS personnel may provide technical consultation and cooperation.

All work that government employees give to an on-site contractor shall be consistent with the contract scope of work under which the on-site contractor services were acquired.

f) When federal facilities are closed due to early release for holidays, snow days, etc., contractor personnel shall follow the local policy of the facility.

g) Contractor personnel shall have the knowledge, skills, and abilities to perform the work required by the contract. Training required to update skills shall be paid for by the contractor without a direct charge to the contract or an impact to performance under the contract. Specialized NPS training to enhance already acceptable skills may be allowable on a case-by-case basis as specified in the contract or with advance approval of the CO.

h) Contractor personnel may be required to travel in order to meet the scope of services specified in the contract. Travel by contractor personnel shall be IAW the terms and conditions of the contract and reimbursement of their travel costs shall be IAW the JTR or FTR.

1.6.8 Type of Contract: The government will award a firm fixed-price contract

1.6.9 Security Requirements: Federal Acquisition Regulation clause 52.204-9 is applicable and incorporated herein. In addition, in accordance with DOI AAAP-0081 the following requirements are incorporated herein:

SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (August 2016)

(a) All Contractor employees must have an "Enter on Duty" (EOD) approval issued by the Bureau Personnel Security Office (PSO) before they begin performing work on any Bureau contract. The Contractor must ensure that all employees requesting an EOD are citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation and the employee must have resided in the United States for a minimum of 3 years. The EOD may be issued in advance of a completed Background Investigation and may be rescinded by the PSO at any time. However, all contractors who require network access are required to complete the identity proofing process and must be able to obtain a successfully adjudicated National Criminal History Check (NCHC) and National Agency Check with Inquiries (NACI) or higher to stay on the contract.

(b) Starting Work - Contractor employees with an approved EOD may begin performing unsupervised work on Bureau contracts. To remain on the contract, the Contractor employees will need a completed favorable Background Investigation.

(c) Rescission of EOD - The PSO may rescind the EOD at any time. This may occur as the result of additional information obtained or the final results of the background investigation.

(d) Background Investigation - Contractor employees who will have unsupervised access to Bureau facilities, access to the Department of the Interior (DOI) information technology (IT) systems or DOI data, or will develop custom applications, must have a favorably adjudicated background investigation from the Office of Personnel Management (OPM). Existing clearances at the same or higher level are acceptable upon the PSO’s review and approval. If the employee does not already have a complete investigation, they must apply for one. The employee may begin work with an EOD, but must receive a favorable background investigation to continue working on the contract.

The background investigation includes obtaining fingerprints through a USAccess Credentialing Center for an FBI criminal history and a credit report. Once the investigation has been scheduled by OPM, the Bureau will receive advance reports. If those reports are favorable, the Bureau PSO will issue the EOD. The type of background investigation required is based on the risk/sensitivity level designation. Citizenship requirements and guidance for determining the appropriate type of background investigation required for the designated risk/sensitivity level are contained in DOI Departmental Manual (DM) Part 441. The DM is available on the Internet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home.

(e) Electronic Questionnaire for Investigations Processing (e-QIP) – The Bureau uses the e-QIP for all background investigations or reinvestigations. To initiate an investigation, the Contractor, in collaboration with the COR, will complete an e-QIP Request Form. This request form is available through the COR. The COR will submit the completed request form to the Bureau PSO. The PSO will enter the information into e-QIP to either establish a new applicant profile or determine if an existing investigation that meets Bureau requirements is on file. The PSO will then contact the applicant to provide additional information and instructions. Generally, the Contractor is required to complete the following forms:

e-QIP application (on-line) Fair Credit Release

OF-306

Fingerprints via USAccess Credentialing Centers

The Contractor shall complete the required background investigation forms and submit them to the PSO. The PSO shall determine if individuals meet the required background investigation standards and citizenship requirements, and then make a suitability determination. Minimum standards used in suitability determinations are contained in the DOI Departmental Manual Part 441. The Government will pay for any background investigations required for contractor employees. If the Contractor employee’s background investigation is returned as unfavorable, the Government reserves the right to request reimbursement of the actual costs for the investigation from the Contractor.

(f) Reinvestigation - Contractor employees occupying high risk public trust positions must be reinvestigated every 5 years. A reinvestigation may be initiated prior to the normal periodic reinvestigation schedule when an individual’s continued ability to meet the minimum background investigation standards is in question. The electronic fingerprints on file in the USAccess system will be electronically submitted to OPM for the reinvestigation. The PSO shall review the records and documentation and make the suitability determination.

(g) Disputes - In the event of a disagreement between the Contractor and the Government concerning the suitability of a particular employee to perform work under this contract, the Government has the right of final determination. Determinations under this requirement are subject to the Disputes Clause, FAR 52.233-1. Failure of the Contractor to comply with the requirements of this clause could constitute grounds for termination for default.

(h) Physical Security Requirements - DOI Access Cards.

(1) Contractor employees must have a DOI Access Card before being given unsupervised access to a Government facility.

(2) To gain unsupervised access to Government facilities, Contractor employees must present their DOI Access Card for examination by the security guard or electronically authenticate their DOI Access Card, as required. Contractor employees must keep their DOI Access Card in a shielded card holder, and visually display the card at all times while in the facility. Refusal or repeated neglect to display the DOI Access Card may result in limiting Contractor employee’s access to Government facilities or revoking of authorized access.

(3) When a Contractor employee is no longer working under this award, the Contractor is responsible for returning all DOI Access Cards, keys, and other Government property issued to that employee. The Contactor shall coordinate all returns with the COR. The COR is responsible for ensuring the Contractor complies with these requirements. However, failure by the Contractor to comply with these requirements may result in the Contractor’s liability for all costs associated with correcting any resultant breech in building security.

(i) Issuance & Maintenance - DOI Access Cards

(1) Process: To obtain a DOI Access Card the COR will use the online DOIAccess System to initiate the access request. Contractor employees will receive email notifications to enroll at a USAccess Credentialing Center with two forms of identification, and after adjudication, a second email notification to pick up and activate their DOI Access Card. The Contractor employee shall schedule an enrollment appointment at a USAccess center at least two weeks prior to the targeted EOD.

(2) Contractor Responsibilities: Contractor employees must complete actions in a timely manner to prepare for on-boarding and access to DOI network resources. The Contractor shall allow their personnel sufficient time to schedule and attend an enrollment appointment at the USAccess center prior to the contract start date. If the Contractor employee’s DOI Access Card becomes lost or stolen, the contractor employee shall notify the COR immediately to request a new DOI Access Card.

(3) COR Responsibilities: The COR (or designated individual) and Contractor shall maintain a listing of all Contractor employees who received a DOI Access Card, the date the card was issued, the date the electronic certificates expire (3 years from issue date), and the date the DOI Access Card expires (5 years from issue date). If the Contractor employee’s DOI Access Card or certificates will expire before the contract is completed, the COR (or designated individual) and Contractor is responsible for ensuring that the Contractor employee visits a USAccess center to update certificates on the existing card or obtain a new DOI Access Card. No later than one week prior to the DOI Access Card’s certificate or card expiration, the COR (or designated individual) shall notify the Contractor that DOI Access Card actions are required. The COR (or designated individual) and the Contractor shall update their listing to reflect the new issue date, certificate expiration date and card expiration date.

(j) Information Technology Security Requirements.

(1) Training – If contractor employees require access to any DOI/IT systems, the Contractor shall ensure its employees complete all Bureau/DOI required IT security training. The Contractor’s employees shall complete this training before being granted access to Bureau/DOI data or being issued network access. The current training requirements are: (i) annual end-user IT Security Awareness, (ii) annual IT Resources Rules of Behavior, and (iii) annual Role-Based Security training for IT professionals.

The Contractor shall comply with all Bureau/DOI IT security training requirements in effect during contract performance. The COR will notify the Contractor of all Bureau mandatory IT training. The Contractor shall submit training completion certificates to the COR for all required training. Failure to meet this training requirement may result in removal of the contractor employee from the contract. The Bureau will determine if the contractor can later return to the contract.

(2) Access to Contractor’s Facilities for IT audit purposes - The Contractor shall afford Bureau and the Department of the Interior Office of Inspector General access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit that will safeguard against threats and hazards to the integrity, availability, and confidentiality of Government data or to the function of computer systems operated on behalf of the Government and to preserve evidence of computer crime. If the Contractor questions the Government employee’s right to access its facilities, it should contact the CO for resolution.

(3) Contractor Location - Custom software development and outsourced operations shall be located in the United States to the maximum extent practical. If such services are proposed to be performed abroad, the Contractor shall provide an acceptable security plan that addresses the mitigation of problems related to communication, control, and protecting the confidentiality, integrity, and availability of IT systems and information.

(4) Applicable Standards - The Contractor shall follow all applicable Federal, DOI, and Bureau Bulletins, Directives, Guidelines, Manuals, Processing Standards, Memoranda, Policies and Standards; applicable OMB Memoranda; and all current National Institute of Standards & Technology (NIST) Special Publications. To comply with Federal Acquisition Regulation Subpart 39.101(d), contractors shall use the common security configurations available from the NIST website at http://checklists.nist.gov. NIST documents are available on the internet at http://csrc.nist.gov/publications/PubsSPs.html. OMB memoranda are available on the internet at http://www.whitehouse.gov/omb/memoranda/. The Contractor shall request copies of DOI and Bureau documents by contacting the COR.

(5) Incident Reporting - The Contractor shall immediately report computer security incidents affecting Bureau/DOI data and systems in accordance with the Bureau Computer Incident Response policy. The Contractor shall request copies of the Bureau Computer Incident Response policy by contacting the COR.

(6) Assessment and Authorization (A&A) and Continuous Monitoring.– The Contractor shall comply with Bureau policy when developing, upgrading, modifying or supporting applications and/or systems that require A&A and Continuous Monitoring. The Contractor shall request copies of Bureau A&A policy by contacting the COR. The A&A requirement does not apply when the Contractor's employees merely access data or have "read only" access.

(k) Documentation - The Contractor shall document all work performed and ensure that the appropriate Assessment and Authorization (A&A) documents are updated to reflect the work performed and the current state of Bureau systems and networks. The Documentation requirement does not apply when the Contractor's employees merely access data or have "read only" access.

(l) Personnel Changes, Contractor Request - The Contractor shall immediately notify the COR and PSO when an employee is reassigned or leaves the Contractor’s employment and prior to any termination. The Contractor must adhere to the Bureau or Office’s mandatory exit clearance procedure. Once the COR has been notified that a Contractor employee is leaving the contract, the COR will initiate the exit clearance process in the DOIAccess System and forward to the Contractor the necessary instructions and form required to be completed prior to the contractor's employee’s departure. This form must be completed by the Contractor's employee and signed by both the Contractor's employee and the COR and then forwarded to the bureau/office specific program responsible for employee, volunteer, and contractor departures.

(m) Personnel Removal, Government Request - The Government retains the right to direct the Contractor to remove any prime or subcontractor personnel, regardless of prior clearance or background investigation adjudication status, whose actions, while assigned to this contract, clearly conflict with the security interests of the Government.

The justification for the Government’s direction to remove Contractor personnel will be documented and provided to the Contractor by the CO.

(n) Subcontract Inclusion - The requirements of this clause must be incorporated into any subcontract if the subcontractor’s employee must have access to Bureau facilities.

(End of clause)

1.6.10.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6.10.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.10.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.

When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.10.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.10.3 Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.11 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.12 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.13 Key Personnel: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer.

The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0600 to 1900, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel shall be provided.

1.6.14 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel not required to obtain and wear badges in the performance of this service.

In accordance with AP&P 1443.37-1 the following requirements will be applicable to any and all on-site contractor personnel:

a) Contractor personnel should not in any way represent themselves as government employees. Contractor personnel shall wear badges clearly identifying them as contractors when working outside of government office space. Badging should be visible at all times. In addition, contractor personnel shall dress in clothing appropriate to the office/environment in which they are working.

b) Government office space occupied by contractor personnel shall be clearly labeled with the individual’s name and/or company affiliation.

c) Contractor personnel shall be clearly identified as “contractors” in printed material such as telephone directories, etc. They shall be listed separately on organization charts or any other document that shows direct lines of supervision.

d) Contractors shall provide proper identification when making phone calls or speaking to others during performance of their scope of services. This means they shall indicate to the other party that they are a contractor, rather than a government employee.

e) Contractor personnel shall complete all necessary computer and security training/documentation before receiving access to the NPS computer network.

f) Contractor personnel shall not receive "all-employee" e-mail or other communications intended for NPS employees, unless it relates directly to the work the contractor is doing for the NPS or involves health or safety issues, for example security alerts or severe weather conditions. They shall not have access to internal NPS web pages, unless it relates directly to the work the contract employee is doing for the NPS.

g) Contractor personnel may use NPS e-mail systems when it is required to perform the work the contractor is doing for the NPS. The e-mail addresses of the contractor must include a label that identifies their contractor status (e.g. John Doe contractor would have an e-mail address john_doe@contractor.nps.gov). In addition, contractor personnel shall indicate in their e-mail signature block that they are a contractor and the contractor for whom they work. Doing so clearly identifies this individual each time they send an e-mail message using the NPS system, and it identifies their status as a contractor employee in the e-mail directory.

h) Unless stipulated in the contract, contractor personnel shall not drive government vehicles.

i) Contractor personnel are not authorized to purchase property and supplies with government funds.

j) Generally, all Government-furnished property shall be set forth in the contract or agreement; however, when it is not, use of additional property must be approved, in advance, by the CO.

k) Contractor personnel shall not be invited to official NPS “social” events, functions, meetings, or orientation tours which are not specific to the contract. However, attendance of contractor personnel at staff meetings, which convey some benefit in the contractor personnel performing their contractual duties, is allowed at the discretion of the CO.

l) Contractor personnel must sign appropriate agreements to protect sensitive, privileged and confidential information.

1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.16 Insurance: The contractor shall be insured in accordance with State of California insurance regulations. The government is not responsible for damage to contractor’s equipment, vehicles, tools or materials or their employees and the personal property brought on-site. The Government will not accept any liability due to contractor employee negligence.

1.6.16.1 Workers Compensation. The contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to this contract and shall comply with the workman’s compensation laws of the State of California.

1.6.16.2 Liability. The contractor shall maintain a level of insurance that will protect the contractor and the Government from any claims as a result of bodily injury (including death) and property damage which may arise from and during the performance of this contract, and shall submit proof of insurance to the Contracting Officer.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.5. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.9. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

CO Contracting Officer

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

CO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

FMP Fire Management Plan (2004 Yosemite EIS plan)

READ Resource Advisor

THSP Technical Specialist FAM personnel familiar with area and Fire concerns

FAM Fire and Aviation Management

CWPP Community Wildfire Protection Plan

WUI Wildland Urban Interface

DBH Diameter Breast Height

FDRA Fire Danger Rating Area

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND

SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide paper and digital maps of proposed work area, on site monitor for any cultural resource concerns, fire mitigation tools (shovel, polaski, mccloud,

(2) portable pack back pumps). Industry standard wax paper to cover piles for future burn.

3.2 Facilities Portable restroom provided

3.3 Utilities None provided

3.4 Equipment: Fire mitigation tools provided by Government, government issued handheld radio if working in areas with no cell reception. Government provided portable toilet.

3.5 Materials: Maps of project area, any signage needed to protect visitor and employee safety, emergency contact information list.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Not applicable

4.3. Materials: The Contractor shall provide chainsaws and be responsible for all maintenance and repair of chainsaws and chain. Fuel for equipment and chainsaws.

4.4. Equipment: The Contractor shall provide:

Skidsteer equipped w/ Grapple operator and equipment

Tow behind Chipper

Excavator equipped w/ fixed grapple (including operator and equipment)

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The contractor shall provide services for mechanical and manual treatment of fuels onsite. These treatments will involve the use of such tools such as chainsaws or heavy equipment mechanical treatment device to cut, stack, or chip smaller diameter trees (under 20” dbh) and shrubs. Tree species targeted for removal include Ponderosa pine, Incense cedar, and Knobcone pine. Species to be favored and left in place: Sugar pine, Black-Oak, and Douglas fir.

Mechanical equipment may be utilized to physically remove heavy down fuels (fallen trees and shrubs) within the project area. Chainsaws would be utilized to cut small trees and brush and prune lower limbs on larger diameter trees to reduce ladder fuels. Some fuels may need to be chipped on site due to cultural concerns, however majority of fuels can be piled to burn at a later date by the FAM.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Abide by any OSHA standard applicable to forestry and fuel handling.

Follow Job Hazard Analysis for chainsaw safety for operators

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

(1) Sections 2 Scope of Work (Page 3-9

Contractor shall Provide the required work IAW the Performance Work Statement identifying WAPA’s IVM Program and ISA modern arboriculture principles, and applicable Federal, state, and/or local laws, rules, ordinances, and regulations.

95% Contractor is allowed 5% deviation in required work specs provided deviation does not violate principles or applicable laws and regulations

Government Inspection

(2) General & Contractor Requirements Sections 3 (Page 9-13) and 10 (Page 24-25)

Contractor is required to meet all requirements found within Sections 3 & 10

95% Contractor is allowed 5% deviation.

Government Inspection

(3) Safety and Health & Safety Program Sections 6 (Page 18-19 and 7 (Page 19-21

Contractor shall comply with all required Federal and state OSHA Standards and/or local laws, rules, ordinances, and regulations

100% Contractor shall be responsible for any/all fines imposed by violating OSHA Standards

Government Inspection