Attachment 1 - SOW as of September 2024.docx

South Fork Fire

I. PERFORMANCE BASED WORK STATEMENT

A. PURPOSE

Long-term drought and high fuel loading in southwest forests have led to prolonged and extreme fire conditions. Wildfires cause flooding post-burn, by altering the ability of soils to absorb water and the capacity of watersheds to process post-fire precipitation events. This is particularly apparent in Southwest ecosystems where wildfire is commonly followed by a monsoon season characterized by intense summer thunderstorms. Powerful precipitation events after wildfire triggers runoff, flooding, erosion, and debris flows. Like fire, these secondary events threaten human life, property, and natural and cultural resources on all lands. They negatively impact water quantity and quality, reservoirs, and infrastructure, threaten wildlife, decrease ecosystem function, dangerous conditions such as flooding and debris flows for downstream communities, and destruction of natural and cultural values.

The Purpose of this project is to implement an emergency seeding and mulching application to restore soil productivity in critical High and Moderate Soil Burn Severity areas of the South Fork Fire and allow for vegetation recovery to provide coverage to denuded or depleted burn areas on National Forest System lands. The majority of work is expected to be completed aerially due to the elevation and roadless terrain of the project areas. This emergency action must be accomplished so that vegetation can begin to grow at the end of the monsoon season and into autumn in the high country in September through October. Areas will be treated with a designated seed mixture and an application of wheat straw. Application will be done aerially on slopes between 20 to 65%.

a) The intent of this solicitation and any resultant contract(s) is to obtain the services described herein. All services procured shall be accomplished in a safe, effective, environmentally aware manner and in accordance with all federal, state, and local laws and regulations.

b) The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract. When, in the sole judgment of the Contracting Officer, the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for default. Examples of such programs include but are not limited to 1) Personnel Activities, 2) Maintenance, 3) Safety and 4) Compliance with Regulations.

c) Contract personnel shall conduct themselves in a professional and cooperative manner in fulfilling this Contract.

B. EQUIPMENT REQUIREMENTS

The contractor shall comply with all applicable federal, state, and local regulations and directives pertaining to safety, maintenance, and performance of all aircraft and ground-based equipment proposed for use under this contract. Additionally, aircraft and ground-based equipment shall be maintained in accordance with all manufacturer’s guidelines and bulletins.

Contractor-furnished aircraft and equipment shall be operable, free of damage, and in good repair. Equipment shall be free of weed seed, dirt, and plant parts. Aircraft and other equipment systems and components shall be free of leaks except within limitations specified by the manufacturer.

C. CONTRACTOR’S ENVIRONMENTAL RESPONSIBILITIES

The Contractor is responsible to ensure that all maintenance, fueling, and flight activities do not cause environmental damage to property or facilities.

Contractor shall remove all of his/her own trash and refuse from the contract area. The Contractor shall provide and maintain sanitary facilities. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.

The Contractor shall be responsible for compliance with applicable Federal, State and local regulations with regards to the reporting of response actions required for spills of fuel, and oil on airport ramps, staging areas, parking areas, landing areas, etc., when caused by Contractor aircraft or personnel. When cleaning paved areas, the contractor shall utilize cleaning agents that are biodegradable and non-toxic. Contaminated soils shall be removed to appropriate containers and disposed of as hazardous waste.

The Government may, at its option, provide a designated area to be utilized by the Contractor for storage of equipment used in support of contract performance. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with acceptable safety, health and environmental concerns.

The Contractor shall ensure that they are in compliance with 40 CFR Part 112: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Plan Requirements (SPCC).

An SPCC plan is required for each mobile fueler used on this contract regardless of bulk storage container (tank) size.

The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his/her agents or employee's fault or negligence. The term "third parties" is construed to include employees of the government.

D. SITE VISIT

No site visit is planned.

E. LOCATION

The project area consists of 1136 acres for aerial seeding and 594 acres for aerial mulching on the Smokey Bear District of the Lincoln National Forest in New Mexico. Units covered for seeding and mulching are located in the Cedar Creek, Perk Canyon and Brady Canyon watershed basins of the South Fork burned area, adjacent to Ruidoso, in Lincoln County, New Mexico.

The elevation range is 6,500’ to 7,700’ above mean sea level for the treatment area east of Flume Ridge, northward to Ski Run Road. A general vicinity map with treatments units is contained in the exhibits, and Geographic Information Systems (GIS) shapefiles of project areas will be provided electronically at time of award. All of the treatment units are located within the South Fork Fire perimeter on National Forest system lands.

F. SCOPE OF WORK

Project South Fork Aerial Seeding (Smokey Bear Ranger District, Lincoln National Forest):

· South Fork Units, 1136 acres

Item 0001 – native seeding processing, handling, and application

Contractor shall apply certified weed and trash free seed on up to 1136 acres on units in Cedar Creek, Perk Canyon and Brady Canyon on National Forest System lands within the South Fork Fire to achieve an end-product of:

(1) 3 seeds of western wheatgrass (Pascopyrum smithii), 2 seeds of Blue Grama (Bouteloua gracilis), and 15 seeds of Non-persistent annual barley (Hordeum vulgare) for a total of 20 seeds per square foot, (2) a continuous cover of uniform thickness across the entire unit, and (3) provide all documentation of weight of seed delivered, seed tags or transportation paperwork (e.g., transit certificates) from each lot of seed delivered (including any yellow Source Identified Seed tags), and any seed lab test results.

Project South Fork Aerial Mulching (Smokey Bear Ranger District, Lincoln National Forest):

· South Fork Units, 594 acres

Item 0001 – wheat straw mulch processing, handling, and application

Contractor shall apply certified weed and trash free wheat straw mulch on up to 594 acres in Cedar Creek, Perk Canyon and Brady Canyon on National Forest System lands within the South Fork Fire to achieve an end-product of:

(1) aerial application of 1 foot deep wheat straw mulch across the acres listed above; (2) a continuous cover of uniform thickness across the entire unit, and (3) provide all documentation of weight of wheat straw delivered, transportation paperwork (e.g., transit certificates) from each load of wheat straw mulch delivered, weed-free certification of the mulch, and any weed lab test results.

G. EXCLUSION/NON-WORK AREAS

There should be no exclusion areas inside the units. All units are mapped.

H. OTHER SPECIFICATIONS

1. Certification of Seed - Supplied seed must be in compliance with seed laws for the State of origin of the seed and the State where the seed will be applied. The certification process of the State serving as the seed source must be met unless the seed is tested according to the certification process of the State where the wholesaler is located. Seed must be tested and certified to be free of noxious weed seed according to (1) the noxious weed lists of the States of origin and destination and (2) noxious weed listings for all 50 States found in USDA’s State Noxious–Weed Seed Requirements Recognized in the Administration of the Federal Seed Act. Seed must also be free from prohibited and restricted weed species as determined by seed laws of the States of origin. in addition, seed lots should not contain seed from cheatgrass (Bromus tectorum), Japanese brome (Bromus japonicus), Russian thistle (any Salsola species). The Forest Service is especially concerned about cheatgrass, Japanese brome, Russian thistle, or other weed species such as yellow bluestem or Caucasian bluestem that are adapted to arid conditions but are not addressed in State noxious weed laws but have the potential to be injurious when seeded on National Forest System (NFS)-administered land. The combined total weight of seed from all other weed species (apart from noxious, prohibited, restricted, and forest-prohibited species) should not exceed 0.5% in a seed lot. Also, the seed lot should contain no more than 2% by weight (total) of non-weedy types of seed which includes seed from agronomic crops and native, non-weedy plant species other than those specified in the contracted seed mix. Seed test certification sheets shall be provided as part of the certification process.

2. Seed sampling and testing - Representative seed samples of individual seed lots used for seed testing should be pulled after the seed is received for a seeding project. If Forest Service personnel are unavailable to pull samples, Contractors must use an independent third-party contractor who is responsible for pulling seed samples from seed lots and then sending the samples to the seed lab in accordance with standard chain-of-custody procedures. At its discretion and own expense, the Forest Service may test seed lots. Seed used for project seeding may be analyzed by an independent third-party seed lab that follows standards of the Association of Official Seed Analysts (AOSA). Pre-mix sampling and testing by a Contractor may specifically be authorized by the CO/COR in the event the mix does not pass visual inspections.

3. Seed Acceptance – At its discretion and own expense, the Forest Service may test seed lots before using the seed in project seeding. The Forest Service reserves the right to reject seed mixes by lot number that: 1) do not meet contractual requirements for seed mix percentages, PLS, or Source Identified Seed, 2) are not free of noxious or prohibited weed seed in any appreciable amounts, 3) have restricted weed seed content greater than allowed by State standards, 4) contain any seed from annual bromegrasses (cheatgrass, Japanese brome, etc.), yellow bluestem, Caucasian bluestem, Russian thistle, or any forest-prohibited weed species unless specifically authorized by the COR, 5) exceed contents stated above for other types of weed seed or crop seed, and 6) Are improperly cleaned.

4. Certification of Wheat Straw - Supplied wheat straw must be in compliance with laws for the State of origin of the mulch and the State where the mulch will be applied. The certification process of the State serving as the mulch source must be met unless the mulch is tested according to the certification process of the State where the wholesaler is located. Mulch must be tested and certified to be free of noxious weed seed according to (1) the noxious weed lists of the States of origin and destination and (2) noxious weed listings for all 50 States found in USDA’s State Noxious–Weed Requirements. Mulch must also be free from prohibited and restricted weed species as determined by laws of the States of origin. in addition, mulch should not contain cheatgrass (Bromus tectorum), Japanese brome (Bromus japonicus), Russian thistle (any Salsola species). The Forest Service is especially concerned about cheatgrass, Japanese brome, Russian thistle, or other weed species such as yellow bluestem or Caucasian bluestem that are adapted to arid conditions but are not addressed in State noxious weed laws but have the potential to be injurious when seeded on National Forest System (NFS)-administered land.. Also, the wheat straw should contain no more than 2% by weight (total) of non-weedy types of plants which includes plants from agronomic crops and native, non-weedy plant species other than those specified in the contracted wheat straw. Mulch weed-freee certification sheets shall be provided as part of the certification process.

5. Seed Acceptance – At its discretion and own expense, the Forest Service may test wheat straw before using the product in project mulching. The Forest Service reserves the right to reject wheat straw by lot number that: 1) are not free of noxious or prohibited weeds in any appreciable amounts, 3) have restricted weed content greater than allowed by State standards, 4) contain annual bromegrasses (cheatgrass, Japanese brome, etc.), yellow bluestem, Caucasian bluestem, Russian thistle, or any forest-prohibited weed species unless specifically authorized by the COR, 5) exceed contents stated above for other types of weeds or crop plants, and 6) Are improperly certified.

I. STAGING AREAS

Selection of suitable staging/service/landing areas shall be the responsibility of the contractor.

Contractor shall be responsible for all restoration and rehabilitation of staging areas on NFS administered lands. Contractor clean-up and restoration activities shall be in a manner that the sites will recover to original pre-use conditions. Special precautions shall be in place prior to aerial operations to limit spread of weeds from staging areas. This may include, but is not limited to, fencing and daily clean-up of work site to reduce the spread of project materials.

For staging areas located on lands other than NFS administered lands, the contractor shall be responsible for all use arrangements, rental agreements, liability to property, and transporting of equipment and supplies necessary to execute this contract, including the storage of straw/mulch material and seed as necessitated by weather conditions. If staging areas on land other than NFS administered lands, the contractor shall take measures to ensure the staging areas are free of noxious weeds. Non-FS administered land staging areas shall be inspected and approved for use by the Forest Service prior to use. The main concern at these locations are weeds that could be transported to the Forest. The contractor must comply with restoration and rehabilitation requirements of staging areas on all lands. The requirements for staging area restoration and rehabilitation may be different for NFS administered lands than other lands. Access to third-party lands must be made available to the CO/COR.

J. CONTRACTOR-FURNISHED ITEMS/SERVICES

The contractor shall furnish seed and mulch to a pre-determined staging area(s). This includes transportation, support equipment such as loaders, application/installation equipment, support personnel, clean-up and restoration of staging areas, and services required to perform the requirements of the contract in accordance with specifications herein. The Contractor is responsible for all costs incidental to equipment move-in and move-out, movement of equipment within the project area, and transportation of all Contractor-furnished property, including government provided seed and/or mulch (if applicable).

Selection of staging and service landings. Any arrangements for use of lands that are not administered by the Forest Service shall be made by the Contractor. The Contractor assumes all liability for operation, and rehabilitation of sites.

Warning signs on roads and trails leading to operations at the staging area, and application sites shall be installed. The Contractor shall be responsible for signing, barricades, and traffic control on roads, and trails to maintain a safe environment to the public, contractor, and Government Employees. It shall be the responsibility of the Contractor to contact local municipalities and governments for applicable signage permits. All traffic control shall be in accordance with the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD). The Forest Service may issue closure orders in conjunction with contractor’s efforts.

Road Guards for all aviation operations that require flying over roads or near homes.

Trail Guards on the access points to trails that are within the flight paths of aerial operations.

Disposal of spilled seed or wheat straw, packing materials, pallets and/or other waste material is the responsibility of the Contractor. Contractor shall be responsible for all restoration, and rehabilitation in staging areas. Clean-up and restoration shall require that the restoration of sites will allow recovery to original pre-use conditions or conditions as agreed with landowner. To limit spread weed materials, special precautions shall need to be in place prior to aerial or ground operations. This may include but is not limited to adding fencing and daily clean-up of work site to reduce spread of project materials. Contractor shall submit a plan outlining what precautions and mitigation will be in place to limit spread of material prior to project initiation. This shall include daily clean-up plans, mitigation strategies, and equipment that will be used to meet above mentioned specifications. A written plan shall be provided to the Contracting Officer for evaluation.

Contractor is responsible for providing spill containment kits for all petroleum products used to complete contract. All fueling shall be at a distance greater than 100’ from perennial or intermittent streams and/or wetlands. A written plan shall be provided to the Contracting Officer for technical evaluation regarding spill containment strategies.

Contractor is responsible for compliance with applicable Federal, State, or local regulations with regards to the reporting of and response actions required for any spills of diesel fuel, aviation fuel or gasoline, all considered hazardous materials. If a spill occurs, the Contractor shall assume all liability and responsibility for clean-up to meet EPA and applicable state water quality standards. A written plan for dealing with such spills shall be provided to the Contracting Officer for evaluation prior to starting operations.

Contractor is responsible for rehabilitation of the staging area following clean-up. On lands administered by the FS, this shall include but not limited to de-compaction of soil, seeding, road maintenance, rehabilitation of roads that receive damage from excessive wear and tear, examples include but are not limited to stuck vehicles, damage to trees, fences, gates, and trails. This project may require grading roads prior to and or upon completion of the project.

Contractor is responsible for cleaning of all vehicles to ensure they are free of soil, seeds, vegetative matter, or other debris that could contain or hold non-native noxious weed seed prior to entering Forest Service land. Contractor shall certify in writing, compliance of terms prior to moving equipment onto job site.

Contractor is responsible for providing a personal computer to complete daily progress report for CO or their designee.

Contractor shall provide a communication system so that contractor personnel, aircraft, and Government project inspectors can communicate at all times with each other to discuss performance matters, or safety issues. VHF-FM radios must have high band capabilities and must be capable of reaching narrow band frequencies.

Contractor furnished Quality Control personnel must have electronic equipment capable of capturing coordinates using a Global Positioning System (GPS). The Government will provide polygons for each treatment unit as GIS shapefiles or .kmz files to be downloaded in aircraft GPS units. A completed map of coverage areas shall be provided by the contractor during and at the end of the project denoting where all aerial and/or ground operations have occurred. Contractor must also supply SATLOC or similar GPS tracking information on a daily basis for aerial seed applications.

K. PROJECT SAFETY AND RESOURCE PROTECTION OBJECTIVES

All plans referenced below shall be submitted with the written proposal for review. Contractor shall comply with all Government Safety and Health regulations and the Department of Labor Occupational Safety and Health (OSHA) standards, and Department of Transportation (DOT) regulations.

1.1 Site Safety Plan: At time of award, the Contractor shall submit a written site-specific safety plan for each project site, staging area(s), and Forest Service or private roads leading to staging area(s). This includes procedure for traffic control (air traffic if applicable), communication (air-to-ground and ground-to-ground), equipment use, signing, and protection of personnel and public. This plan will be used during the pre-work and subsequent meetings to ensure safe operations. This document will also be used for quality assurance standards during the project. Special permits, if required for operation within the applicable state, county, and/or city will be required at the pre-work meeting.

1.1 Aviation Safety Plan: Within 24 hours after award, the Contractor shall submit a detailed Aviation Safety Plan where aerial operations are conducted. The plan shall include flight routes to avoid homes, or areas in use by the public. The plan shall indicate, where applicable, the use of security personnel to stop traffic over roads, limit travel on trails in project areas, etc. Coordination with commercial and private aviation traffic shall be submitted as part of the plan. The plan shall include communication procedures to monitor location of aircraft assigned to the project, a crash rescue, and missing aircraft plan.

1.2 Site Specific Rehabilitation Plan – Within 72 hours after award, the Contractor shall submit a detailed site-specific rehabilitation plan that outlines specific practices and activities the Contractor will perform after completion of the aerial operations at all sites Contractor-created disturbance (staging areas, stackyards, processing landings, helibases, helispots, and/or camps).

L. REQUIRED DOCUMENTATION

1) Seeding (item 0001)

a) Written documentation of the total amount (in pounds) of seed delivered.

b) Seed tags or transportation paperwork from each lot of seed delivered (including any yellow Source Identified Seed tags) that must be attached to a separate sheet.

c) Applicable Seed lab test results.

d) Written certification of compliance with terms for cleaning vehicles and equipment prior to moving onto job site

2) Mulching (item 0002)

e) Written documentation of the total amount (in pounds) of wheat straw delivered.

f) Wheat straw tags or transportation paperwork from each lot of mulch delivered that must be attached to a separate sheet.

g) Applicable wheat straw weed-free lab test results.

h) Written certification of compliance with terms for cleaning vehicles and equipment prior to moving onto job site

1.1 Daily Operational Report (all items). Daily progress reports are to be provided to the Government representative at the end of each operational period or the next day during the morning briefing. No additional work that day shall commence until documentation is provided.

(a) Updated map indicating the area within the unit that has been treated.

(b) The approximate number of acres treated within each unit by treatment type.

(c) Total flight time (hours) for each aircraft and treatment.

(d) Estimate of total product (tons) applied to unit(s).

1.2 Final Report (all items). A final report (2 hard copies) shall be provided which includes at a minimum:

2. written report shall contain daily field conditions, application rates and areas covered, site conditions, and any other pertinent data that records the application of the product. The report shall contain a summary of the results of the application.

M. ACCIDENT PREVENTION AND SAFETY

The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract. When, in the sole judgment of the Contracting Officer, the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for cause as provided in the “Contract Terms and Conditions”. Examples of such programs are but not limited to: 1) Personnel Activities, 2) Maintenance, 3) Safety and 4) Compliance with Regulations.

The Contractor shall fully cooperate with the Contracting Officer in the fulfillment of this clause. The Contracting Officer may suspend performance of this contract work, during the evaluation period used to determine cause as stated above.

N. GOVERNMENT-FURNISHED PROPERTY

Printed maps of treatment areas shall be provided for the award. The Government will also provide electronic or digital data that represent the treatment areas.

Where applicable, the Government will identify potential staging areas on NFS administered lands.

The Government will identify usable roads and access points for transportation of material.

O. ANTICIPATED START DATE AND CONTRACT TIME

Start: In September 2024, after receipt of the award from the Contracting Officer and when weather conditions allows.

Period of Performance is 14 days to allow for processing, handling and application of seeding and mulching to include weather delays. Flying time for seeding (0001) and mulching (0002) is estimated as 1136 acres seeding and 594 acres mulching per necessary aircraft for a total of 4-5 days. Application rate assumes full 12-hour day without delays due to weather or equipment.

The Contractor, in conjunction with the Forest Service, will monitor the weather and either party can contact each other to see if the window is conducive for operations to start. Time for set-up, seed and straw deliveries and other logistical operations will be evaluated during contract proposal ratings and negotiated at time of award.

The Contractor will conduct the seeding during a 14-day window in September to October. If the treatments cannot be applied during the 14-day September window during to weather conditions, then another 14-day window can be utilized between September and October 2024.

P. CAMPING

The Contractor must request permission to camp in this area from the District Ranger. Camping will only be permitted with District Ranger approval.

Q. KEY PERSONNEL

Key personnel are those personnel (pilots, supervisors, ground crew, etc.) considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

The Contractor agrees that assigned key personnel shall not be removed, substituted, or reassigned to another task without the written concurrence of the Contracting Officer. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed personnel change and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. If the Contracting Officer determines that suitable replacement of key personnel is not feasible or that the reduction of effort would be so substantial as to impair the successful performance of the work, the Contractor may be subject to default action under the affected award(s) or the contract. Ultimate approval/disapproval to replace key personnel is the responsibility of the Contracting Officer.

Key personnel shall be available to the FS for communications during the entire contract. If Contractors key personnel become unavailable, the FS will be notified immediately with the reason and new contact information given to the CO and COR.

R. APPROVAL OF SUBCONTRACTORS

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a. The name, address, and telephone number of the subcontractor.

b. The date upon which the subcontract was entered into and its duration

c. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

d. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

S. RESTRICTIONS ON WORK

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

1) The CO will make a final determination to continue the project when weather increases the risk of poor distribution of mulch and seed. If the determination is made to stop work, then the contractor will store and protect all materials during extended durations of adverse weather. The contract may be cancelled if no window of opportunity has happened by August 31, . It will be re-evaluated at that time.

2) No seed will be applied during excessive rain, wind or fog. Application will be made only when weather conditions meet FAA visual flight rules (VFR). Flight operation will comply with all Federal Aviation Regulations.

3) Operations shall be conducted between civil sunrise and civil sunset.

T. FINAL CLEAN-UP

The Contractor shall be responsible for any unused seed/mulch material once contract specifications have been attained. In order to utilize any unused seed/mulch material, the FS has the discretion to allow the contractor to apply the unused seed/mulch materials to treatment units that have met contract specifications thereby increasing number of seeds per square foot and or percent ground cover above minimum requirements. The FS may also allow the contractor to apply any unused seed/mulch materials to adjacent burned areas. The FS is under no obligation to pay the contractor for any application or removal of unused seed/mulch material after contract specifications have been met. The contractor is under no obligation to apply or use any unused seed/mulch material beyond contract specifications but is responsible for removal of unused seed/mulch materials.

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's garbage, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

II. QUALITY ASSURANCE AND QUALITY CONTROL

A. CONTRACTOR’S QUALITY CONTROL (QC)

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. QUALITY CONTROL is performed by the Contractor to ensure that all activities performed under this contract by Prime or approved Subcontractors are in compliance with the contract objectives and specifications. The Contractor’s process for performing Quality Control shall be clearly described in the Quality Control Plan (QCP). The Contractor shall conduct inspections on all units in accordance with his/her QCP.

A description of the quality control plan (QCP) shall be provided within 72 hours of award and accepted by the government. Whereas it will become part of the contract. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) how quality control inspections will be performed and what designates passage and failure of treatment units; (4) corrective or preventive actions that shall be taken to meet quality standards; and (5) a customer comments feedback system.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

B. GOVERNMENT’ S QUALITY ASSURANCE (QA)

The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work of the Contractor.

QUALITY ASSURANCE is performed by the Government to determine that the services provided by the Contractor meet the objectives and specifications of the contract. This process of Quality Assurance does not relieve the Contractor of their responsibility for inspections.

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and/or review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

Compliance Inspections

Visual compliance inspections will be conducted during all activities performed by the Contractor. Such inspections are part of the Government inspection and documented with photos and GPS points. However, this inspection shall not determine Acceptance of a Treatment Unit. The Contractor may be required to apply additional seed to areas 1 acre or larger with insufficient cover as determined by the COR. This request from the COR is not considered “re-work”.

Field inspectors will stage at vantage points as close to the treatment areas as possible. Communication with Contractor’s Pilots, Field Inspectors and COR will be of utmost importance during field operations to monitor contract compliance. Comments, pictures, and other documentation from inspectors will be provided as feedback to the COR on each treatment area.

Inspection for Acceptance and Payment

Upon completion of Contractor’s Inspection (Quality Control) and clearance of a Treatment Unit, the Contractor is required to submit a written request to the Government to perform an Inspection for Acceptance and Payment. The method of written request submission should be discussed and agreed upon during any Pre- Work meeting. This request certifies that the Contractor believes they have met contract specifications within the Treatment Unit(s). The Government shall complete the Inspection for Acceptance within 2 working days for Item 0001, 0002 seeding).

The COR shall have authority on the acceptance or non-acceptance of a completed Treatment Unit based on the best interest to the Government and make the final recommendation to the Contracting Officer. If any of the services do not conform to contract requirements after inspections, the Government will request the Contractor to re-work the areas in non-compliance to meet contract specifications, with no increase in contract amount. For more information regarding this circumstance, refer to “Re-inspection after Rework”.

If there is a difference in inspection results between the Contractor’s Inspection and the Inspection for Acceptance; AND the Contractor believes a re-work to be unnecessary or refuses the re-work request, the Contractor may dispute the results of the Inspection for Acceptance. In this circumstance, the provisions described in “Disputed Inspection” apply.

Disputed Inspection

The Contractor may request re-inspection without rework if the Inspection for Acceptance results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within four working days after receipt of the contractor's written request. The same sampling and inspection procedures will be used, but new sample points will be recorded. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

Re-inspection after Rework

Where rework after a failed inspection may improve the inspection results, the Contractor will have one opportunity to rework the area and request a second inspection in writing. The Government may charge the cost of this additional inspection to the Contractor. Re-inspection will be accomplished within 2 working days for Item 0001 (seeding) after the notice is received in writing. The results of the second inspection will be final and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re- inspected and the results of the first inspection will be final.

When defects in services cannot be corrected by rework, the Government may: (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and/or (2) reduce the contract price to reflect the reduced value of the services performed. The Government would do this by calculating the amount of unacceptable acres and reducing it by the bid price per acre associated with the Item.

If the Contractor fails to promptly perform the services again or does not take the necessary action to ensure that future performance conforms with contract requirements, the Government may: (1) by contract or otherwise procure the services of another entity and charge the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate for Default.

Final Inspection

The final inspection will be performed by the COR after the Contractor has certified that all Items, activities, close-out, documentation and reporting, site rehabilitation (processing, staging, helispots, landings, campground), and clean-up are completed and in compliance with contract specifications. All work must be accepted by the COR before Final Acceptance is recommended to the Contracting Officer and Final Payment is approved. The Final Inspection will also serve as the COR’s recommendation for contract closure to the Contracting Officer.

A. Quality Assurance Plan (Qap)

The contract specifications for Quality Assurance are designed for performance-based end-product results. It is the Contractor’s responsibility to determine the adequate application rate (lbs or tons per acre) to apply to each Treatment Unit to meet the end-product specifications described in the table below. It is also the intent of this contract to treat all acres within each Treatment Unit.

(1) 3 seeds of western wheatgrass (Pascopyrum smithii), 2 seeds of Blue Grama (Bouteloua gracilis), and 15 seeds of Non-persistent annual barley (Hordeum vulgare) for a total of 50 seeds per square foot, (2) a continuous cover of uniform thickness across the entire unit, and (3) provide all documentation of weight of seed delivered, seed tags or transportation paperwork (e.g., transit certificates) from each lot of seed delivered (including any yellow Source Identified Seed tags), and any seed lab test results.

(2) Application of 1 foot deep wheat straw mulch evenly distributed, (2) a continuous cover of uniform thickness across the entire unit, and (3) provide all documentation of weight of wheat straw delivered, transportation paperwork (e.g., transit certificates) from each lot of wheat straw delivered, and any weed-free lab test results.

B. Plot Or Point Sampling (Government Inspection Methods)

Each treatment area will be sampled by a random series of plots distributed over the entire area.

[X] Transects, when accessible

[X] Other visual inspections

Item 0001 Seeding:

Work will be accepted for payment on the basis of a final inspection and passage of the technical specifications. In accessible areas, a one foot by one foot quadrat (frame) will be randomly placed at ~10% of the total treatment acres on the accessible hill slopes after the product has been applied. Within the quadrat /frame the # of seeds will be counted. A photo encompassing the general area will also be taken in a random direction at the inspection point to show that the quadrat /frame is representative of the area. A GPS point will be taken, and the general area photo direction will be recorded with a compass bearing.

Item 0002 Mulching:

Work will be accepted for payment on the basis of a final inspection and passage of the technical specifications. In accessible areas, a one foot by one foot quadrat (frame) will be randomly placed at ~10% of the total treatment acres on the accessible hill slopes after the product has been applied. Within the quadrat /frame the depth of the mulch will be measured. A photo encompassing the general area will also be taken in a random direction at the inspection point to show that the quadrat /frame is representative of the area. A GPS point will be taken, and the general area photo direction will be recorded with a compass bearing.

At each inspection point the Contracting Officer’s Representative (COR) or designated inspector will record the # of seeds or depth of mulch, the unit number, location of the inspection point, and the direction of the compass bearing of the general representative area photo.

Data will be collected on each inspection plot on specifications "1" through "4" listed below. To be considered satisfactory the plot must meet the following criteria:

1. Compliance consists of number (#) of seeds per square foot, (2) a continuous cover of uniform thickness across the entire unit, and (3) provide all documentation of weight of seed delivered, seed tags or transportation paperwork (e.g., transit certificates) from each lot of seed delivered (including any yellow Source Identified Seed tags), and any seed lab test results.

2. Compliance consists of 1 foot deep wheat straw mulch evenly distributed, (2) a continuous cover of uniform thickness across the entire unit, and (3) provide all documentation of weight of wheat straw delivered, transportation paperwork (e.g., transit certificates) from each lot of wheat straw delivered, and any weed-free lab test results.

3. Compliance with avoiding all private land ownership other than stated within the contract.

4. Compliance with avoiding roads, trails, water tanks, cell phone towers, high voltage power lines, Forest Service radio towers, and all other types of utilities which are located within the National Forest System boundary and all other ownership.

Acceptance

Work on this contract will be deemed acceptable when the quality of work is equal to or greater than the number of seeds per square foot (%) and mulch is applied evenly 1 foot deep across the units as calculated under Inspection for Acceptance and Payment. If the overall percentage is greater than or equal to the minimum specifications, payment will be made in full. Additionally, statistical measures of dispersion and variation (e.g. Standard Deviation and Coefficient of Variation) may also be used to determine uniformity of treatment.

If the percentage calculated from the specifications under Inspection Procedures is below minimum specifications, then one rework will be allowed to remedy the non-compliance. Visual inspections will be documented and included in acceptance/non-acceptance determinations, when deemed necessary by the CO or COR.

If any noxious weed propagative parts or seeds are observed in the applied seeding and mulch products or treatment units, the COR or designated inspector will document and collect a sample of the material. The COR will notify the contractor that the product or application of the contaminated seed or mulch type will cease immediately.

Inspection and Acceptance Requirements

Curtailment of performance until compliance is obtained.

Upon inspection if vehicles do not meet requirements a receipt from truck wash with license plate number and date is required prior to entering Government Land.

(2) Visual observation after application.

(3) Final approval by contractor inspector using contract method indicated.

(4) FS may conduct random sampling tests of application rates and coverage Contractor shall be required to rework any area in a unit that fails to meet the cover standards.

Non-acceptance of work until treated to the acceptable quality levels.

Withhold payment.

Non-acceptance of work until quality control work is accomplished.

Withhold payment.

Withhold payment.

EXHIBIT A:

Seed Testing Labs: Seed labs can be found at these websites:

1. AOSA contact list for seed labs (http://www.aosaseed.com/members_directory )

2. Colorado Seed Laboratory (http://seedlab.colostate.edu/testing_info.html )

3. New Mexico State Seed Laboratory (http://www.nmda.nmsu.edu/seed-lab/ )

EXHIBIT B:

North American Invasive Species Management Association (NAISMA- WFF):

https://www.naisma.org/images/NAISMA_WFF_Standards.pdf http://www.naisma.org/images/Updated_NAISMA_WFF_Standards_DRAFT.pdf

EXHIBIT C:

New Mexico Department of Agriculture (NMDA) released an updated state noxious weed list, replacing the 2016 list. New Mexico Department of Agriculture releases updated noxious weed list - New Mexico Department of Agriculture (nmsu.edu)

New Mexico State - Noxious Weed List Weed-List-memo-and-weed-list-2020.pdf (nmsu.edu)

EXHBIT D:

Intentionally Left Blank

EXHIBIT E:

Intentionally Left Blank

EXHIBIT F: Maps (Vicinity, Contract Area, Treatment Units)

See attached unit map

EXHIBIT H:

USDA FOREST SERVICE SOUTHWESTERN REGION

FIRE PROTECTION AND SUPPRESSION PLAN

The contractor shall be responsible for the cost of suppressing all fires caused by his operations, and for all damage to any property of the Forest Service or third parties. The Forest Service reserves the right to participate in extinguishing any fires caused by the contractor’s operations and the contractor shall reimburse the Forest Service for the cost of all suppression activities ordered or directed by the Forest Service. The following requirements are a part of this solicitation and any resultant contract.

1) Fire Prevention - During periods of contract performance, fire requirements shall be met by the contractor. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

2) Execution of Fire Plan

a) Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s Representative (COR) except in cases of emergency or Forest closure.

b) The contractor shall designate a fire plan representative who shall be responsible for executing and carrying out the fire requirements.

c) The contractor shall include the fire requirements in all subcontracts.

d) The contractor shall assure that all contract employees are informed of the existence and conditions of the fire requirements.

3) Compliance Inspection

b) Inspection by the Forest Service will be made to ensure compliance with the fire requirements.

c) Should any deficiencies appear during the inspection, the contractor will be informed, and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections approved by the COR.

d) The contractor’s fire plan representative shall make daily inspections to ensure that the terms of the fire requirements are met at all times.

4) Fire Suppression Requirements

a) Fire Toolbox

i) During contract performance, the contractor shall furnish and maintain, at the contractor’s expense, one (1) fire toolbox at the campsite or some central location, as long as it is within ¼ mile of the location where the contractor is currently performing work.

ii) The fire toolbox is to be maintained with tools in good condition in the following quantities for five people in the contractor’s work force. The equipment is for the sole purpose of firefighting. Three shovels, one axes, three Pulaskis, and five each 1-gallon canteens. Where needed, brush hooks and McLeod tools may be substituted for shovels or axes.

(1) The fire toolbox shall be refurnished or replaced by the contractor after each incidence of fire use.

b) Work Hours – The contractor shall restrict operations in accordance with the following…