C4i_ Attachment I QASP.pdf

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QUALITY ASSURANCE SURVEILLANCE and COR ACTION PLAN for

Trail Maintenance, Construction, & Assessment

I. Introduction. This Government’s Quality Assurance Surveillance Plan (QASP) provides the procedure and guidelines that will be used in evaluating technical performance of the Contractor for trail maintenance, construction, and assessment services in a performance-based statement of work as required by FAR 37.602-2. The Government’s QASP is not part of the contract, but is provided to the Contractor solely as information. A copy of this plan is furnished to the Contractor in the solicitation package and with the contract so the Contractor is aware of the methods that the Government intends to use in evaluating performance on this contract and to address any concerns that the Contractor may have prior to initiating work. The QASP is subject to change by the Government during the contract performance period. The Government reserves the right to perform assessments more or less often than is outlined in this

QASP.

Purpose of the QASP:

o Define the role and responsibilities of participating Government officials;

o Define the types of work to be performed with required end results;

o Describe the evaluation methods that will be employed by the Government in assessing the Contractor’s performance;

o Provide copies of the performance assessment form(s) that the Government will use in documenting and evaluating the Contractor’s performance; and o Describe the process of performance assessment documentation.

II. Roles and Responsibilities of Participating Government Officials.

A. Contracting Officers Representative (COR). The COR is designated by the Contracting Officer to administer the contract within the authority and limitations specified on FS-R1-6320-27 which is provided to the Contractor at the pre-work and at anytime there is a change in COR, to the COR, and maintained in the contract files.

Refer to FSH 6309.11.04.4, WO Amendment 6309.11-91-1 for a full description of COR responsibilities.

Trail maintenance requires on-going contract administration with an emphasis on inspections early on during contract performance to ensure that the contractor is performing to the Performance Standards outlined in the contract. It is essential that the COR assure that inspections, progress of work, and Contractor’s Quality Control are consistent with the contract and the approved work plan. The COR will keep the Contracting Officer and Contractor informed of progress and contract compliance, and any non-compliance issues. The COR may utilize “Work Orders and Notice of Non-compliance” as tools to communicate in writing with the Contractor. The Contracting Officer will work with the Contractor and COR to correct non-compliance issues rapidly.

The COR will maintain Daily Diaries on the project as the record of contract progress and compliance, and documentation of any issues or problems identified by either the

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Contractor or the Government. The daily diaries will include only facts concerning the contract, and will be complete and unbiased as they will be used by the Contracting Officer to make further decisions on contract issues. The COR will provide an evaluation of the Contractor’s performance to the CO.

The COR designates and supervises the work of the inspectors.

B. Inspectors. The Government inspector(s) are designated by the COR to represent him/her in securing compliance of contract requirements. The Designation of Inspector (form R1-FS-6320-29) will be used to designate their inspector(s) and specifies the responsibilities. Refer to FSH 6309.11.04.4, WO Amendment 6309.11-91-1. The inspector(s) will monitor Contractor performance and inform the Contractor of contract deviations. The inspector(s) will monitor compliance with contract requirements. The inspectors will not direct the operations of the trail maintenance/construction crew but rather keep in direct contact with the foreman stressing the requirements of Contractor quality control as well as protect the Government’s interest by assuring quality of performance is adequate.

A lead inspector may be designated by the COR when more than one inspector will be on site to act as the leader of the Government inspectors and avoid confusion in communications with the Contractor.

The inspector(s) will maintain Daily Diaries, issue notice of non-compliance to the Contractor when s/he fails to meet contract requirements and keep the COR informed of all contract progress, and conformance problems.

C. District Ranger, Forest Supervisor, Forest Engineers and other District, Forest and Regional employees. The Forest Supervisor is responsible for the administration of the National Forest, and the District Ranger acts as an authorized representative. These and other employees will act as resource advisors to the COR and Contracting Officer but do not have contract authority. Their role is to provide advice on project implementation, which may be used for contract decisions.

III. Assessing the Contractors Performance

A. Schedule. The Contractor’s schedule is extremely important. The COR and inspector will monitor progress and if the Contractor is falling behind schedule, the COR may issue a Notice of Non-Compliance (or take other contract action) to ensure the agreed-to schedule is maintained.

B. Inspection by the Government. Inspection by the Government will be primarily made by visual verification. Measurements with standard survey equipment such as level, rod, etc may also be made.

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C. Work Schedule. The work schedule will be monitored as previously described.

When the Contractor does not complete work within the accepted time, the CO has several options that allows the Contractor to continue to work but s/he may be assessed the actual damages incurred by the Government for work performed after the performance period.

D. Contractor’s Quality Inspection. As previously described the Contractor’s Quality inspections are very critical to the project. Refer to the FAR 52.246 -4 Inspection of Services for the basis for acceptance or rejection of the Contractor’s inspection and the assessment of Government costs when work is unacceptable.

E. Worksite. The inspector and COR will periodically inspect the worksite to assess if it is clean and meets the requirements set forth in the contract. The COR will require the Contractor to clean up the worksite or campsite or suspend operations if it is a safety hazard. Final payment will be withheld until the worksite is cleaned, including boxes or packing materials that were left in the unit, and the campsite meets the camping permit requirements.

F. Safe Working Conditions. Safety should be discussed at the prework meeting.

Emergency numbers and similar information needs to be shared with Contractor. The CO/COR should use “common sense” when dealing with safety on trail maintenance, construction and assessment. When there are extreme conditions such as windy weather, where there is the potential for blowdown, the CO/COR should use their contract authority to reduce the safety risks. Example of actions to take include moving the operations to a safer trail segment, posting lookouts, dropping portions of a trail, or suspending operations with contract time. The COR should use available resources to recognize the potential for winds or other unsafe conditions.

If the contractor brings safety hazard to the attention of the COR, the COR/CO and Contractor must find resolution. Options for resolution include suspension with contract time, or moving to another trail until the hazard (like in the case of wind) has ceased, or altering specifications to avoid the hazard (an example is modifying the contract to not work within a certain distance of snags), or mitigation such as posting a lookout.

When working in areas with high potential for slides, blowdown, falling debris, or similar situations, the Government and Contractor shall gain a mutual understanding relative to the administration of the safety program during the prework meeting. If the Contractor fails to follow the safety plan, the CO/COR should issue a Notice of Non-compliance. Refer to FAR 52.236-13 Accident Prevention in Section I.

IV. Contractor Final Performance Assessment

A. Final Performance Assessment The COR will document the Contractor’s performance under this contract/task order.

The COR will document his/her understanding of the contract requirements, what was

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The COR will summarize the Contractor’s performance in the following aspects:

❑ Quality of services (including Quality Control, quality percent, non-compliance issues and corrective action taken.)

❑ Cost Control ❑ Timeliness of Performance ❑ Business Relations ❑ Customer Satisfaction: Was the Contractor committed to customer satisfaction?

❑ Would you recommend the selection of this Contractor again (after contract expiration)? Why?

Utilize these ratings along with a short explanation.

o Unsatisfactory = nonconformance issues jeopardize the achievement of contract requirements despite the use of Agency’s resources.

o Poor = overall compliance requires MAJOR agency resources to ensure achievement of contract requirements.

o Fair = Overall compliance requires MINOR Agency resources to ensure achievement of contract requirements.

o Good = Overall compliances does not impact achievement of contract requirements.

o Excellent = There are no quality problems and Contractor goes beyond what is expected of contract to achieve services.

The Contractor may receive a poor performance rating and may be terminated with repeated deficiencies. Either of these actions may result in the contractor not being selected for future contract work. Alternatively, the Contractor may receive a good or superior performance rating, and looked upon favorably for future contract awards.

B. Analysis of Performance Assessment Results

The Contracting Officer will review each Performance Assessment prepared by the COR.

When appropriate, the Contracting Officer may investigate the event further to determine if all the facts and circumstances surrounding the event are considered in the COR opinions outlined on the forms. The Contracting Officer will prepare the final Performance Assessment that will be entered into the Past Performance Database. Prior to entering information, the Contracting Officer will provide a copy of the final performance rating to the Contractor and allow time for the Contractor to provide rebuttal if desired.

QASP Attachment

FAR Clauses for Reference

FAR 52.246-4 Inspection of Services-Fixed-Price. (Aug 1996)

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(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) 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.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

(a)(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;

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(ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see paragraph (a)(2) of this clause).

(2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any

(1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause.

The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.

(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

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FAR 52.236-13 Accident Prevention (Nov 1991) Alternate I (Nov 1991).

(a) The Contractor shall provide and maintain work environments and procedures which will-

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR part 1926 and 29 CFR part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall-

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

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(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

(End of Clause)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)