Attachment 2 Statement of Work.docx

US Department of Agriculture (USDA)

Statement of Work

Contents

Project Lolo KV D7 Planting & ADC

General Information

1.0 Scope of Work

This contract is for tree planting and netting installation on lands administered in the Lolo National Forest, Superior Ranger District. The Contractor shall furnish everything necessary, including all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), and incidentals to perform all work necessary on the areas specified in Task Orders issued under this contract. The scope of this contract includes, but is not limited to, tree handling and planting and netting installation.

This work is being solicited as a performance based, commercial item contract. Performance based means the Contractor is responsible for an end-product. If an end-product is not provided, an adjustment to the payment will be made. A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace.

2.0 Background

(a) Specific unit data of planting units and netting units are provided in the Detailed Information Chart. Units are located on the Superior Ranger District, within the Second Chance Timber Sale Area and Green Breen Timber Sale Area.

(b) There may be snags and/or burned trees present in any or all of the units to be planted under this contract. Some of the units to be planted may have been burned by wildfire. There is potential for blowdown or falling debris especially in windy conditions.

Contractor Requirements

3.0 Technical Requirements / Tasks

3.1 Access.

(a) Road Access. The Government will provide initial clearing to the unit or access point(s) noted on the project map. Units will be accessible by four-wheel drive vehicles equipped for mountain driving. After initial clearing of the access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access units.

(b) Tree Transport within Unit. The Contractor may transport trees from the access point to portions of the unit at the Contractor’s discretion consistent with tree handling guidelines and any restrictions on motorized or other vehicle type specified in the contract/task order, with COR approval.

(c) Locked Gates. In cases where units are behind locked gates, the Contractor shall close and lock gates after passing through each gate and will be subject to all other restrictions of administrative use. The Contractor is permitted to drive from the locked gate to the unit access point with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

3.2 Tree Orders and Delivery.

The Contractor shall order trees by 2:00 p.m. the day prior to planting. This time period is necessary to allow the Government time to assure trees are prepared for planting.

(a) The Contractor shall plant all trees ordered and delivered to the planting unit (or access point if not the planting unit) within 12 hours of delivery, unless otherwise approved by the COR. Trees shall not be returned to the Government for cooler storage unless approved by the COR. When the COR determines that conditions are unsuitable for planting, the Contractor shall return all unplanted trees to the access point with no penalty for delay in planting the delivered trees. Any trees not planted out and returned without approval by the COR shall be considered wasted trees.

3.3 Return Government-furnished Property.

The Contractor shall return unused Government supplies, unplanted trees, all packaging materials, and wrapping materials to the access point or COR at the end of each planting day. Gate locks or Government-furnished gate keys shall be returned after completion of the planting unit accessed by the gated road.

3.4 Tree Handling and Care.

The Contractor is responsible for the care of trees from the time the trees are delivered and throughout the time that trees are in possession of the Contractor to assure they are properly cared for and not damaged or exposed to damaging conditions consistent with FSH 2409.17, 2.53 parts 6 through 7, as described below. Trees not properly cared for may be considered wasted trees.

(a) Contractor shall take precautions to keep roots moist during the entire planting operation.

(b) Trees shall be protected from drying, heating, smothering, freezing, crushing, bending, drowning, abrasion, rapid temperature fluctuations, or contact with injurious substances. Power augers shall be lubricated with vegetable oils or similar substances not injurious to trees and shall not leak gas.

(c) Shipping containers containing trees shall be opened in full shade, where available. Protect containers from direct sunlight, and from being tossed or dropped. Containers shall be promptly resealed after removing trees.

(d) The temperature in the shipping box shall be maintained below 45 degrees F; or similar to the temperature in the box at receipt, whichever is higher.

(e) Planting bags shall contain bag liners at all times, unless use is waived by the Contracting Officer’s Representative (COR). Bag liners shall be furnished by the Contractor.

(f) Wrapped trees will have the wrapping loosened just prior to planting to allow trees to be easily extracted from the roll without root stripping; however, trees shall remain wrapped while in the planting bags.

(g) Trees that are frozen shall not be planted. They shall be thawed in accordance with direction by the COR.

(h) Trees carried in bags shall not exceed the amount that can be carried and removed without injury, nor exceed the amount that can be planted before critical heating or drying occurs. Trees in planting bags shall only have the tops exposed.

(i) Tree shall not be removed from the planting bag until immediately before planting in the prepared hole. Trees shall be handled carefully to avoid damage to roots and buds. Trees with mold or evidence of injury shall be reported to the COR.

(j) Trees shall not be altered (includes no root or top pruning). If pruning or culling appears necessary, or if mold, dry roots, evidence of injury or drying is seen, the condition shall be reported to the COR.

(k) Trees placed in bags will be planted and not returned to storage except as approved by the COR. When returning trees is allowed, trees shall be returned to shipping boxes marked to indicate seed lot or other information specified by the COR. These trees will not be counted as wasted trees.

3.5 Tree Preparation.

Definitions.

Clean water and tubs. Water and tubs used for tree dipping that are free of contaminants that could injure the tree.

3.5.1 Bareroot Stock.

(a) Water dip. The Contractor shall dip the roots of bareroot trees in clean water at the planting site, prior to placing trees in the planter’s bag. Dipping in water is intended to increase root moisture. Roots shall be fully wet, but soil particles shall not be washed off the roots during the dipping process.

(b) Water for tree dipping. The Contractor will haul water necessary for dipping operations. Water can be brought with or acquired from a location agreed to by the Contracting Officer. Contractor shall utilize at least one dipping tub per 4 planters. Dipping tubs shall be a minimum of 14 inches deep. Bareroot trees shall be dipped for not less than 30 seconds or more than 4 minutes. For ponderosa pine, trees shall be dipped in water only long enough to moisten the tree roots (10 seconds or less). After dipping, trees shall be wrapped in a wet sontara material to maintain root moisture. Containerized trees (plugs) will not be dipped or wrapped. Trees shall not be forcibly packed into water tubs or tree planting bags.

(c) Bareroot stock shall be removed from the shipping boxes and immediately dipped in water. Tree roots shall not be exposed to air for more than 20 seconds. All tree sorting, counting and packing activities shall be done in shaded areas and protected from the wind. The shipping bags shall be kept closed at all times except when trees are being removed. If the Contractor or any crewmember must count seedlings before placing them in the planting bag, they shall be counted while the roots are being dipped or they must be covered with wet Sontara wrap (provided by the Government) after they have been dipped.

(d) All tree preparation (dipping) shall be done under the direct supervision of the Government. The planting crew will be required to dip as an entire group during the course of the day. Tree planters will not be allowed to return to the dipping site in a random fashion to dip trees on an individual basis. With approval from the CO and oversight from Government inspectors, the Contractor may send individuals to the dip site to get trees for the rest of the planting crew (tree runners).

(e) Planting Bags. The Contractor shall use planting bags that meet the following requirements: Planting bags must be a minimum of 15 inches deep, free of defects, and light in color.

(f) Planting Bag Liners. Planting bags will have insulated liners constructed from ½ inch thick closed cell polyurethane, Sontara or Kimtex jelly-roll material surrounded by polyester mesh, or another moisture-retaining liner approved by the CO. Planting bag liners shall be kept saturated with water, but all excess water shall be drained prior to putting trees in the planting bag.

(g) Wrapping. The Contractor shall wrap bareroot trees to maintain root moisture. Wrapping operations shall occur at the planting unit or access point at the time of initial bag-up for all trees to be planted on a specific day unless the COR specifies otherwise The COR may allow wrapping to take place throughout the day that planting occurs, provided that conditions are suitable. If conditions become unsuitable, the COR may require the Contractor to wrap the remaining trees that are to be planted that day. The Contractor shall wrap trees in bundles of 20 to 50 trees, and all trees shall meet the specifications for bareroot trees in Section C – Government Furnished Property. Trees not meeting specifications shall be reported to the COR and shall not be planted. The Contractor shall keep trees separate by seed lot maintaining the unique seed lot identity. Prior to wrapping, trees shall be dipped in tubs of clean water to moisten the roots. Roots shall be fully wet, but soil particles shall not be washed off. Trees shall be kept cool during the wrapping process.

(h) The Contractor shall maintain a clean work area.

3.6 Tree Planting.

Includes no site preparation, partial, and full site preparation, and both container and bareroot tree stock. Bareroot may include the following types of stock: 3-0, 2-0, 1-0, 1-1, whitebark pine 98-1 and 98-2, and plug-1, with the majority being 2-0 and then 1-0. Containers may include the following types of stock: Pine cells, ventblocks, and styroblocks (160, 112, 90).

-Shading and micrositing shall be included in the unit price for all Items in A1 on the Schedule of Items – Not Separately Priced (NSP).

-Payment will be applied to any unit that has the characteristics of these types of planting.

Trees shall be planted satisfactorily both above and below ground as defined in FSH 2409.17, 2.66 and 2.67, Exhibit 04 – Planting Inspection Method. To give the best chance for tree survival and growth, trees shall be planted according to the following standards:

(a) Trees shall be planted, in an open hole, deep and wide enough to fully accommodate the roots of the tree being planted. The tree roots shall be in their natural configuration and not wedged or jammed into the side of the hole.

(b) The hole shall be filled and firmed with moist soil so the tree is firmly in the soil and there are no air pockets. There shall be no material in the hole which is foreign to the hole such as dry soil, ash, organic matter, and rock.

(c) Bareroot trees shall be planted deep enough so that after filling and firming, the soil surface is at or slightly above the root collar of the tree with no roots exposed and no branches buried.

(d) Container trees shall be planted so that after filling and firming, there is ½ inch to 1 inch of soil on top of the container plug. The Contractor shall take care to keep the container growing media intact but where the media falls away from the roots, the tree shall be planted ½ inch to 1 inch deeper than the original ground line.

(e) After planting, the tree stem shall be erect and oriented between vertical and perpendicular to the slope. The tree shall not be weighted down with mud or debris. There shall be no excessive depressions on the ground surface that may collapse on the tree hole and the tree shall not be in contact with the dirt bank. The tree shall be free from damage.

(f) All additional or auxiliary holes created during the planting operation that are within 18 inches of the planted tree, shall be filled-in or collapsed.

3.7 Clearing.

Each planting spot shall be free of surface debris to avoid foreign material from falling into the hole. Debris includes duff, litter, rotten or charred wood, moss, loose rock, ashes, snow, and surface frost. Mineral soil shall be exposed over the clearing area. The planted tree shall be in the middle of the minimum clearing area.

3.8 Scalping.

An 18-inch scalp will be required on all units. Each planting spot shall be free of live vegetation, including roots, to reduce competition from existing vegetation. Mineral soil shall be exposed over the scalped area. The planted tree shall be in the center of the minimum scalp.

3.9 Shade.

Trees shall be planted consistent with the shade requirement for each planting unit as specified in the Detailed Information Chart. The type of shade material and effort required by the planter to shade the tree varies depending on the site conditions of each unit. Shade material includes downed logs, stumps, standing snags meeting minimum specifications. Trees shall be shaded in accordance with Exhibit 01 –Utilization of Material to Provide Shade.

(a) Description of Shade Requirements:

(1) Stationary Material First, Transportable Shade Second, Plant in Open Last. A tree shall be planted next to stationary material when it is available. If stationary material does not exist in the spacing allowance, shade shall be transported to the tree. When neither stationary nor transportable material exists, the tree may be planted in the open.

(b) Each tree that requires shade shall be shaded at the ground level from the afternoon sun (approximately 2:00 to 4:00 p.m.), except on east-facing slopes when the tree shall be shaded from the morning sun. Trees shall be on the N, NE, or E side of the shade material. Each tree shall be as close to the shade material as possible, and within ½ the distance equal to the height of the shade material (for stumps, downed logs and similar) or ½ the distance equal to the width of the shade material in the case of standing snags.

(c) When transportable (shade) material is required, it must be at least 4 inches in diameter and be available within the full spacing distance to the planted tree. Do not place shade on the uphill side of a planted tree where it can roll on to the tree.

3.10 Spacing.

Trees shall be planted to achieve the average spacing specified in the Detailed Information Chart. It is expected that an irregular distribution will result as planters avoid acceptable established trees, rock or shallow soils, and seek planting spots in the best microsites and soil conditions. For individual trees, the spacing may be varied as much as 75% in any direction to attain the best plantable spot. The number of trees planted shall not be materially changed by the method of selecting planting spots.

3.11 Acceptable Established Trees.

A tree shall not be planted closer than 50% of the spacing distance to another conifer seedling or sapling that is of good form, color, free of damage, has 50% greater crown ratio, and is the species and size specified in the Detailed Information Chart.

3.12 Residual Trees.

Trees shall not be planted within the immediate influence of established larger trees in the unit, therefore, do not plant within less than the prescribed spacing from the bole of the tree or within the drip line of the tree.

3.13 Species or Stock Type Mix.

The species and stock type to be planted is indicated on the Detailed Information Chart. Where a mixture of species and/or stock type is required, the Contractor shall distribute the variety of species and/or stock type over the entire unit except when otherwise noted by the COR. When a location is noted, the Contractor shall plant according to the specifications. When there is a geographic preference for certain species (i.e. red cedar in draws), the Contractor shall discuss the requirements for species placement with the COR before the unit is planted.

3.14 Trees not Meeting Specifications.

The Contractor is not obligated to plant trees that do not meet the specifications and they shall be returned to the Government. Except as noted below, if trees not meeting specifications are planted, they shall be planted satisfactorily.

(a) In no cases shall bareroot trees with root systems less than 8 inches long, and fewer than 3 roots (vertical or lateral) be planted. The Contractor shall return them to the Government.

3.15 Animal Damage Control (ADC) Installation.

Flexible netting shall be installed around trees to protect young seedlings from being browsed by big game. Netting shall be at least 1 inch and no more than 2 inches above the terminal leader, and, as required by product, be secured less than 1 inch from the ground when installed. Netting that is too long shall be folded up at the bottom to achieve desired position. During maintenance, the height of the flexible netting shall be adjusted and maintained 1 inch and no more than 2 inches above the terminal leader to prevent animals from browsing the seedling. Refer to Exhibit 05 – Properly Installed Flexible Netting for a diagram of properly installed netting or tubes.

(a) Netting shall be applied in a timeframe before big game use in the area. Netting shall be installed or maintained after the growing season, generally the beginning of September and before hunting season in mid-October. Netting will be inspected and paid for as a separate subitem.

(b) Netting shall be installed so as not to damage the tree, which includes, but is not limited to, skinning the bark, breaking the leader, damaging roots or excessive bud stripping. Tree leader must be free to grow and branches shall be upward and generally in a natural configuration.

(c) Rigid Netting. 18- to 30-inch rigid seedling protection tubes will be installed using one bamboo stake attached with zip strips or woven three times through the tube. Stakes will be forced into the ground to a depth of 6 inches.

3.16 Superintendent and Onsite Representative.

At all times during performance of this contract and until work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent (Contractor’s Representative) who is satisfactory to the Contracting Officer and has authority to act for the Contractor. The Contractor’s Representative shall not engage in work activities (planting, netting, inspecting work, etc.), unless prior approval is received from the Contracting Officer or Contracting Officers Representative. The Contractor’s onsite representative and inspector shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

All work will be performed in an organized and systematic manner. Planters will generally all be working in the same unit except when authorized by the COR.

3.17 Crew Safety.

The Contractor shall consider and address crew safety and provide a Safety Plan recognizing that some planting units are in areas of snags and fire burned trees.

4.0 Government Furnished

The property and services that will be provided by the Government are as follows:

Top heights range from 3 to 16 inches for all species except western larch. The top height of western larch range from 10 to 24 inches.

At least 90% of the trees will meet these specifications.

Delivered to Government-designated location.

Delivered to Government-designated location.

Designated wrapping area

Exhibit 03 – Planting Inspection Sheet.

Exhibit 06 – Artificial Shade/ADC Installation Inspection Sheet.

Provided at Prework meeting or prior to planting in units requiring gate access.

5.0 Deliverables / Schedule

Key Deliverables

Item 0001 Second Skinny Flexible Netting Maintenance

Item 0002 Green Breen Planting

5.1 Contract Period

The contract period shall be from 09/01/2026 – 06/30/2027.

5.2 Contract Time and Required Rate of Progress

(a) Estimated Start Work Date.

The estimated start date is September 1, 2026, for Subitems 0001AA and 0001AB. The estimated start work date for subitems 0002AA – 0002AI is April 1, 2027. The actual start work date will be dependent on weather.

5.3 Notice to Proceed.

The Contractor shall start work on the date specified on the Notice to Proceed. The Contracting Officer will issue a Notice to Proceed as soon as weather and ground conditions are favorable for planting and survival of the trees on one or more of the areas. Contract time will start: (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered, faxed or e-mailed; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when planting commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered an excusable delay.

The Contracting Officer may, at the Contracting Officer’s discretion, agree to a Contractor-proposed specific start date if the Contracting Officer determines that the date proposed by the Contractor is acceptable to the Government.

5.4 Minimum Required Rate of Progress.

Tree survival and growth is dependent upon proper soil and weather conditions at the time of planting and these conditions only prevail for a limited length of time. It is therefore imperative that work be started promptly after conditions for planting become suitable.

The Contractor shall maintain progress at a rate that will assure completion within the contract time specified in the Task Order. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by contract time specified.

In the event the Contractor is delayed and falls more than 2 calendar days behind the progress rate required above, the Contractor’s right to proceed is subject to immediate termination for default.

5.5 Work Plan and Schedule.

The Contractor shall prepare a work plan and schedule that demonstrates how the work will be completed within the contract time identified above. Project work plans and schedules shall be provided to the Contracting Officer prior to commencing work under the contract. It is the Contractor’s responsibility to promptly submit the Work Plan and Schedule. No adjustments in contract time or the start work date for the Contract will be made due solely to the failure of the Contractor to submit a Work Plan and Schedule.

The Contractor shall advise the Contracting Officer of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress, and the Contracting Officer may accept the updated work plan.

If more than one area is available for planting, the Contracting Officer may prescribe the planting sequence.

5.6 Unsuitable Conditions.

Whenever it is determined that environmental or physical conditions become unsuitable for tree survival, or when extreme weather conditions create the potential for blowdown, the Contractor shall move to another area identified by the Contracting Officer or take other mitigating actions directed by the Contracting Officer. When there is no other area available or mitigating actions to be taken, the Contracting Officer will suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue an oral Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor fails to keep in contact with the COR, a written Resume Work Order will be mailed and the count of days of contract time will resume on the date specified in that order.

5.7 Work Completed after the Performance Period.

Whenever the Contractor fails to complete work within the contract time specified in the Contract, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government Inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

5.8 Contractor Crew Configuration.

The Contractor shall comply with the following requirements, unless otherwise approved by the Contracting Officer, or mutally agreed to in writing by the Contracting Officer and the Contractor. The crew configuation information identified here does not dictate required production rates. The Contractor shall provide services in compliance with all Paragraphs of this Section (See F. 3.3).

a. Contractor Representative. The Contractor shall designate at least one Contractor Representative for the Contract. The Contractor Representative may also fill the role of Foreman. The Contractor Representative shall not perform tree planting, netting, or related hand work.

b. Foreman. The Contractor shall designate at least one Foreman for the Contract. The Foreman may also fill the role of Contractor Representative. The Foreman shall not perform tree planting, netting, or related hand work.

c. Inspector(s). Contractor Inspectors shall not perform any tree planting, netting, or related hand work on any calendar day that they are assigned to any Inspector duties.

1. The Contractor shall designate at least one Inspector for every 15 workers who are performing planting, netting and related hand work.

d. Number of Crews. The Contractor shall provide a maximum number of 1 crew for the Contract.

e. Crew Size. The Contractor shall comply with the following:

Quantity

*Does not include Foremen and Quality Control Inspectors

6.0 Inspection and Acceptance

6.1 Contractor Quality Control

The Contractor shall provide quality control for all planting operations, including wrapping (if applicable) tree care, handling and planting. The Contractor is responsible for the quality of planting on the site and shall conduct prompt plot inspections to ensure proper planting procedures are being followed.

(a) Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall submit an updated QCP within 30 days prior to start of work based on items awarded to the Contractor and Government comments.

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

(b) Plot Inspections - Tree Planting. The Contractor shall maintain a plot system that provides an unbiased sample of planting quality and which represents the entire area planted. The plot system shall be consistent with the planting inspection method described in Exhibit 04 – Planting Inspection Method using the Planting Inspection Sheet. The Contractor shall sample at least 1-percent of the planted area, with a minimum of 5 plots per subitem. A 1/50th acre plot size shall be used during inspection. The Government may observe or re-examine the Contractor’s plots at any time. Each subitem will be assessed separately and results will not be averaged with those of other subitems.

(1) Plots shall be marked and identifiable on the ground.

(2) The Contractor shall provide inspection sheets and a sketch map of the unit with plot locations to the Government by Close of Business the day after inspection is completed on the subitem. Inspection sheets shall be fully completed, signed, and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

(3) Calculation of planting quality will be based on the following formula (refer to columns of Planting Inspection Sheet). All computations will be carried out to at least thousandths (.000) and the final percentage of planting quality will be rounded to the nearest whole percent. No. of Satisfactory Trees Above Ground No. of Satisfactory Trees Below Ground (Column 9) X (Column 11) X 100 = Quality % Actual No. of Plantable Spots on Which No. of Trees Dug Trees Should Have Been Planted (Col. 5) (Column 10)

(4) Plot inspection shall include a tally of trees that are planted in excess of the maximum allowable trees on each plot and noted in Column 8 of the inspection sheet. These excess trees are considered wasted trees. The sum of wasted trees on all plots on the subitem will be used to determine the damage assessment.

(c) Inspections- Animal Damage Control. The Contractor shall maintain a plot system that provides an unbiased sample of ADC installation quality, and which represents the entire area treated. The Contractor shall sample at least 1 percent of the treated area and shall use a 1/50th acre size plot. Each subitem will be assessed separately and results will not be averaged with those of other subitems.

(1) The Contractor shall mark and identify inspection plots on the ground.

(2) The Contractor shall provide written inspection data by unit using the Artificial Shade/ADC Installation Inspection Sheet provided to the Contractor and shall provide a sketch map of the unit with plot locations. The Contractor shall provide the inspection sheets and maps to the Government by 8:00 a.m. the day after inspection completion of the subitem. Inspection sheets shall be signed and dated by the inspector to certify that the inspection records are complete and accurate.

(3) Calculation for percent quality for installation of ADC material will be based on the following formula.

Total No. of Satisfactorily Shaded or Tubed/Netted Trees X 100 = Quality % Total No. of Trees Required to be Shaded or Tubed/Netted

(4) The inspection shall include a tally of wasted materials due to: a) excess or unspecified material used or treated within the inspection plot, and b) materials dropped or damaged by Contractor. Wasted material shall be tallied by plot. The Government will use the sum of all plots on the subitem to determine the damages assessment.

6.2 Government Quality Assurance Surveillance Plan

The Government will assure the Contractor is providing the quality promised and that work meets the performance standards. Surveillance will consist of visual observations of the entire operation (tree wrapping, care of trees, planting operations, and a series of plots to evaluate the quality of planting, artificial shade or ADC installation). The Government will use the Planting Inspection Sheet or ADC Inspection Sheet and follow the procedure outline for Contractor inspection, however plot densities and locations may differ from that done by the Contractor. Trees that are mishandled, dropped or stashed will be declared wasted trees.

Each day, the Government will document the number of trees requested, issued to the Contractor, and returned at the end of the day.

6.3 Measurement

8.3.1 Areas of Work Performance

Identification of the area(s) to be planted or have ADC installation will be provided in the Contract. All linear and area measurements under this contract are measured on a horizontal plane. Boundaries are specified on Detailed Information Chart.

(a) Acre Unit of Measure. When the quantity of measure is ‘acres’, the Contractor will be paid based on the acres indicated on the task order. When the acres provided on the task order are an estimate, it will be labeled as such, and the COR will provide the correct acres to the Contractor prior to invoicing.

Total No. Trees _ Total Wasted Planted (Col. 7) Trees (Col 8) X Reciprocal of X Acres = Number of Trees Number of Plots Plot Size 1000

When the calculated number of trees exceeds the number of trees issued, the payment will be limited to the number of trees issued.

6.4 Re-measurement.

The Contractor may at any time after award request re-measurement of any subitem. The request must be in writing within 10 calendar days after completion of a subitem. The Government’s re-measurement of the subitem will be made within the established boundaries.

(1) Payment will be based on the re-measurement of the acreage or quantity count except when:

(a) Per Acre Unit of Measure: No payment adjustment shall be made for areas less than 1 acre.

(2) The Contractor shall pay for the cost of re-measurement if the re-measurement results in:

(a) Per Acre Unit of Measure: An increase of less than 1 acre on units less than or equal to 20 acres; or an increase of less than 5 percent on units larger than 20 acres.

6.5 Method of Payment.

(a) Work Quality. For each completed subitem, the Contractor’s quality control inspection percentage for tree planting, and animal damage control will be compared to the Government’s assessment results. If the results differ by 5 percent or less, and the inspection has been conducted to the standards specified, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment.

(b) If the Government’s results are objectionable to the Contractor, the Contractor may request a re-examination in writing within 5-calendar days after receipt of the Government’s quality assurance inspection results. The request shall include documentation that supports that the probability of an error exists. The Government’s re-examintion will consist of a 2-percent sample utilizing the same inspection method as the original examination, but new plots will be selected with different plot centers than the plots previously inspected by the Government. If the results of the re-examination are within 5-percent of the Contractor’s submitted quality control results, the Contractor’s results will be considered acceptable and used for pay. If results of the re-examination exceed 5 percent of the Contractor’s submitted quality control results, the Government’s re-examination results will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

(c) Tree Planting - Payment Calculation. Payment, less deduction for wasted trees, is based on the following:

(1) Planting quality meets or exceeds 93 percent. Whenever the quality of planting meets or exceeds 93 percent, based on the Contractor’s quality control inspection (plots) and verified by the Government assessment, the quality of planting will be acceptable, and payment will be made at the full unit price for tree planting.

Payment Example: With a unit price of $100 and a unit size of 60 acres, the bid price would be $6,000. If the Contractor’s planting quality was 95 percent, payment would be $6,000.

(2) Planting quality less than 93 percent and at least 80 percent or over. Whenever the quality of planting is below 93 percent but is 80 percent or over, based on the Contractor’s quality control inspection (plots) and verified by the Government monitoring/assessment, the work is unacceptable and the value of the services is reduced. Therefore payment will be made after a 1 percent deduction in the unit price for each 1 percent the planting quality is below 100 percent. This payment will only be made after the Government determines that no further work shall be required, nor allowed.

Payment Example: With a unit price of $100 per acre and a unit size of 60 acres, the bid price would be $6,000. If the planting quality were 85 percent, payment would be $100 x 85% x 60 acres = $5,100.00.

(3) Planting Quality Below 80 Percent. Whenever the quality of planting is below 80 percent, based on the Contractor’s quality control inspection (plots) and verified by the Government monitoring/assessment, the quality of planting will be considered unacceptable. No payment will be made where quality of work is below 80 percent.

(d) ADC Netting Installed by Contractor – Payment Calculation. Payment less damages will be based on the following methods.

(1) ADC Quality Meets or Exceeds 93 Percent. Whenever the quality of artificial shade or ADC installation meets or exceeds 93 percent, based on the Contractor’s quality control inspection (plots) and verified by the Government assessment, the quality of planting will be acceptable and payment will be made at the full unit price for artificial shade or ADC.

Payment Example: With a unit price of $30 and a unit size of 60 acres, the bid price would be $1,800. If the Contractor’s quality were 95 percent, payment would be $1,800.

(2) ADC Quality less than 93 Percent and at least 80 Percent or Over. Whenever the quality of artificial shade or ADC installation is below 93 percent but is 80 percent or over, based on the Contractor’s quality control inspection (plots) and verified by the Government monitoring/assessment, the work is unacceptable and the value of the services is reduced. Therefore payment will be made after a 1 percent deduction in the unit price for each 1 percent the planting quality is below 100 percent. This payment will only be made after the Government determines that no further work shall be required, nor allowed.

Payment Example: With a unit price of $30 per acre and a unit size of 60 acres, the bid price would be $1,800 per acre. If the quality were 85 percent, payment would be $100 x 85 percent x 60 acres = $1,530 per acre less damages.

(3) ADC below 80 Percent. Whenever the quality of planting is below 80 percent, based on the Contractor’s quality control inspection (plots) and verified by the Government monitoring/assessment, the quality of planting will be considered unacceptable. No payment will be made where quality of work is below 80 percent.

(e) Weed Free Practices

(1) Included Cleaning. No separate payment will be made.

6.6 Unacceptable Work

(a) When the Contractor provides unacceptable work, the Government may (i) accept the work at a reduced price (ii) require the area to be reworked at no additional expense to the Government, or (iii) reject the work in its entirety. If the work quality is unacceptable, the Contractor’s right to proceed is subject to immediate termination for default.

(b) The Government will permit the Contractor to rework an area only if planting stock or other material is available and/or the existing deficiencies can be corrected.

(c) When the quality of planting or ADC installation is considered unacceptable on areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality after rework remains below 80 percent, the area may be separated from the sub item and payment made in accordance with Section G-3(c) as applicable.

(d) Any Government quality assurance assessment needed due to the Contractor reworking an area, either at the Contractor's request or because of unacceptable work, will be at the Contractor's expense. The Contractor may be assessed actual damages which may include but is not limited to wages of the COR and Government inspector(s) incurred due to the rework, costs of vehicles, meals and lodging that are incurred while administering the contract during the rework.

(e) The Government shall document unacceptable work quality in the performance assessment.

6.7 Damages

(a) Excess Trees Planted. Trees that are tallied on the Inspection Plots Sheet that exceed the maximum allowable trees to be planted (column 8) are considered wasted trees. The inspection plots, either Contractor or Government’s plots, that are being used for the calculation of payment shall be used to calculate wasted trees. The total of all wasted trees on the payment unit (tallied by plot) will be used to determine the wasted tree charge for excess trees planted on the subitem based on this calculation: Charge for Excess Trees Planted (wasted trees) based on Plot Inspection

(1) The Contractor Officer may waive the wasted tree charge for excess trees planted if it is minor in nature. In no case will a waiver be given if the total “No. Planted Trees” (col. 7) on all inspection plots for the subitem exceeds the “Maximum Number Allowable Trees” (col 6) for the subitem.

(b) Mishandled Trees. If the Contractor mishandles trees in such a way that it results in actual or potential damage to the tree(s), the trees(s) will be considered wasted. This includes trees that are dropped or damaged by Contractor while the trees are in the Contractor’s possession which may occur at the planting site, wrapping site, or in contractor required transport. Charge for individual trees that are wasted trees is as follows: Charge for Mishandled Trees (wasted) found during Operations

(1) When wasted trees are found, and the damage is considered minor in nature, the COR may waive the wasted tree charge.

(c) Excess ADC Material. Material that is used to protect trees unnecessarily on the unit will be considered wasted material and noted on the plot inspection. The total of wasted material is the sum of all plots for each subitem based on the inspection accepted for payment. The charge for wasted material will be calculated as follows: Charge for Excess Materials (wasted) based on plot inspection

(d) Mishandled ADC Material. Wasted material charge will be assessed when material is dropped, damaged, mishandled by the Contractor in such a way that it becomes unusable. Charge for wasted material:Charge for Mishandled Material (wasted) found During Operations

(1) When wasted materials are found, and the damage is considered minor in nature, the Contracting Officer may waive the wasted material charge.

(e) Charge Rate. The charge for wasted trees or materials and other Government-furnished property that is not returned, or returned in a non-usable condition, is as follows:

7.0 Contractor’s Key Personnel

(a) The Contractor shall assign to this contract the key personnel identified in their technical proposal to fill the roles of foreman and inspector.

(b) The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

(c) The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer.

(d) The contract will be modified to reflect any approved changes of key personnel.

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