CDFW Mastication Plantation Thin Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1027061 69

CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

127EAS21R0010 04/20/2021

7. FOR SOLICITATION INFORMATION CALL:

a. NAME Olaine Martinez

b. CONTACT INFORMATION

530-478-6823 Tracy.martinez@usda.gov

8. OFFER DUE DATE / TIME

05/19/2021

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

NAICS: 115310

SERVICE DISABLED EDWOSB

VETERAN- OWNED SIZE STANDARD: 20.5 Million

SMALL BUSINESS 8(A)

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

. DELIVERY FOR FOB DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR / OFFEROR FACILITY

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CDFW Mastication Plantation Thin See separate schedule sheet.

Please provide the following information:

DUNS#______________________

Email:_____________________________ PHONE No.:______________________ Email Quotes to: tracy.martinez@usda.gov

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

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV.2/2012)

See schedule on next page.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV.2/2012) BACK

SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES & PRICE/COST

PROJECT CDFW Mastication Plantation Thin

UNIT Mi-Wok R.D. , Stanislaus National Forest

SOL # 127EAS21R0010

ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

10001 Mastication Plantation Thin Acres 1,095 $ - $ -

TOTAL $ -

NOTES 1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY

Signature

Phone:

Vendor Fax:

Address Email:

POC:

C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work

Description of Work: The intent of this contract is to mechanically thin overstocked and brush choked plantations by mechanically shredding/cutting/chipping live and dead brush, new and old slash, and trees to reduce inter tree competition and reduce fire hazard. Work will be done on mountainous terrain with steep pitches up to 50%, have varying ground conditions, soil types and vegetation types.

Ground conditions can contain surface and below surface rock, stumps and other debris that will vary in size, density, and depth. Vegetation types vary in size and density and include conifers, hardwoods, and brush. Work shall be done in a manner that does not damage leave trees or specified non-treated vegetation.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description

Location: Project is located on the Stanislaus National Forest, Mi-Wok Ranger District, Tuolumne County, California. The maps are intended to show only the general size, shape, and location of the areas. If the maps and field boundaries conflict, the field boundaries shall govern. Positions of the features shown on the maps are approximate. See the Vicinity and Unit area maps 1-2 in Section J.

Description: Work performed will be in overstocked plantations comprised of planted and natural trees and are predominately ponderosa pine, with a mix of other conifers, hardwoods, and brush species.

The perimeters of the work areas have been identified on maps located in Section J. The perimeters of the work areas that have been identified on the ground are marked with blue and white survey flagging tied together.

Exclusions (Non-Work Areas): With the exception of any known or discovered archaeological or sensitive plant sites, non-work areas within units that are not identified on the map or the ground, and identified by the Contractor on the ground, shall be excluded from treatment. These areas include but are not limited to areas with slope greater than 50 percent gradient, rocky areas, springs, or marshes.

Accessibility: Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Maps

Any maps included in Section J are general in nature and are not to be considered as definitively identifying locations.

Contractor shall be required to have a Global Positioning System (GPS) and a mobile electronic device with GPS capabilities (i.e. smart phone, tablets) with a program capable of reading a .pdf map for each piece of equipment and/or crew. A good program example is Avenza. Devices using GPS must have sub-meter accuracy and be capable of accepting/uploading shapefiles or track logs compatible with ARCGIS

10.3 or newer.

C.4 Estimated Start Date & Contract Time

Estimated Start Date: June 1, 2021

Number of Calendar Days Required: 487 days

Contract shall be completed no later than September 30, 2022.

See also Section F

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, 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. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. All control areas shall be avoided unless agreed in writing by the Contracting Officer.

No LOPs in project area.

C.6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here.

MSPA Card (Form WH510): If Contractor is using MSPA/H2B employees the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy, pertinent licenses, certifications, and insurance.

C.7 Technical Requirements

C.7-1 Definitions

Definitions:

Blister Rust –A disease occurring in Sugar Pine. Indicators are flagging or mortality of branches, swelling of branches or trunk, cracked bark exuding pitch and sometimes showing of yellow powdery spores.

Brush – Scrub vegetation, though some may be over 20 feet tall or woody plants such as manzanita, deer brush and various other species. This does not include small conifers.

Chips - The woody residue resulting from the mechanical shredding/chipping activity. Residue size is usually less than 2 inches, but occasionally is up 2 feet in length.

Conifer -A cone-bearing tree with needles or leaf scales including, but not limited to ponderosa pine, incense cedar, Douglas fir, bull pine (also known as gray pine), and knob-cone pine, which does not necessarily have cones at any given time

Controlled Area - Area within contract boundaries determined to contain sensitive plants, infestation of noxious weeds, archaeological sites, or threatened or endangered species, and designated to be protected from all Contractor operations.

Crown - The part of the tree comprised of the branches, twigs and foliage which carry on most of the photosynthesis. Live crown ratio is the percent of tree crown that supports live foliage effectively contributing to tree growth.

Damage Trees (Created) - Any damage created by work under this contract. Includes the stripping or removing of branches and debarking the bole of a crop tree more than ¼ of the circumference.

Damage Trees (Existing) - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment. Indicators include dead or broken tops or branches, or debarking extending more than ¼ or the circumference of the tree.

Diameter at Breast Height (dbh) - The diameter of the main trunk of a tree/shrub measured at 4.5 ft.

Downed Log – All or part of the truck of a felled tree greater than 14 inches in diameter at the mid-point and 10 feet in length. Includes logs in all the various stages of decomposition.

Hardwood - A tree with broad, flat leaves including but not limited to oak, maple, willow, alder, cottonwood or dogwood.

Leave Tree - Tree(s) to be left standing and undamaged that comprise the stand following the Contractor’s operations.

Mastication – The physical process of cutting, shredding and/or chipping vegetation.

Riparian vegetation -plant species typically associated with and found in wet drainages. They include, but are not limited to alder, willow, cottonwood, or maple in the over-story and sedges and rushes underneath.

Slash - Debris consisting of portions of brush and/or trees created by work under this contract or debris created prior to this contract including all brush and cut trees, tops, trunks, and branches.

Windrow - A long line of piled slash or debris resulting from forest or scrub clearing.

C.7-2 Specifications

a. General:

The Government may specify the priority of work by units or within a unit during the period of the contract.

b. Equipment operations.

1) Equipment tracks shall not operate in areas within the units that exceed 45% slope. However, brush and trees that can be reached with articulating arm up to 50% slope without equipment tracks exceeding 45% shall be treated.

2) Equipment shall not cross meadows, “wet” stream channels, or other non-work areas.

3) Equipment tracks shall not occur within 15 feet of the high-water mark on ephemeral, perennial and intermittent stream channels.

4) Operation created debris shall be removed from stream channels.

5) Soil displacement shall be minimized by working the equipment in as straight a line as possible, parallel slopes, given the known limitations of residual trees and terrain. Rutting depth shall not exceed 4 inches over 90% of the area. Rutting depth is measured from the top of the undisturbed litter/duff layer to the top of the duff in the rut (“duff-to duff”). Soils in the operating area must be dry enough to prevent rutting by a single pass of the equipment.

6) Equipment shall be operated such that shredded material stays within the treatment unit and is not distributed on roads, structures, private property, protected sites, improvements, telephone lines, established trails, stock driveways, fence lines established land corners, or other improvements.

7) The Contractor shall remove all shredded material or debris resulting from contract operations that is distributed outside of treatment unit or on roads, structures, private property, protected sites, improvements, telephone lines, established trails, driveways, fence lines, established corners or other improvements. Any material falling on or into such areas shall be removed if possible, and any resulting damage shall be immediately reported to the Contracting Officer.

8) Exit and entry of units will be confined to within unit boundaries unless otherwise stated by the Contracting Officer. Entry and exit points to the unit will be chosen in a manner as to reduce resource damage and soil erosion.

9) Equipment shall not be walked between units on paved or chip-sealed roads. The walking of equipment between units shall be worked out with the Contracting Officer, to avoid the possibility of Control Area or resource damage.

10) Waterbars in skidtrails, fire lines, and roads disturbed by the Contractor shall be restored to condition prior to damage at the Contractors' expense.

11) Equipment shall be kept free of debris accumulations that may result in fire starts.

c. Chip size.

Chip size for mastication:

75% <=6 inches (15.2 cm) in length 20% >6 inches (15.2 cm) and <2 feet (.6 m) in length

5% 2 feet (.6 m) through 6 feet (1.8 m) in length

d. Masticatation.

1) Masticated material shall not exceed 10 inches in depth measured from ground level.

Masticated material shall be evenly distributed over the treated areas to prevent large accumulations of slash. Concentrations of brush, slash and small dead trees may need repeated treatment to satisfy desired work standards. Severed trees tops are considered slash under this clause.

2) Standing treated material shall be severed from the main stem no more than 3 inches on level surfaces and no more than 8 inches from any natural obstacles such as rock, downed logs, or leave trees.

3) Slash created prior to this contract shall be treated. This includes windrow slash and old logging slash.

4) Brush, small dead trees, and slash shall not be pushed into leave trees (includes hardwoods) and left untreated.

5) Hardwoods shall not be masticated.

6) Riparian vegetation shall not be shredded, cut, or damaged.

7) Downed logs shall not be shredded or cut and shall be left in an undisturbed state to the greatest extent practical.

e. Tree Treatment.

1) Protection of the residual trees shall be the highest priority in all operations. Excessive residual stand damage may result in contract shut down and/or default. Excessive damage shall be defined as damage to 10% or greater of the residual trees.

2) The COR or inspector may designate specific cut or leave trees using tree marking paint, orange designating a leave tree and blue designating a cut tree.

3) Trees 10-inch DBH and less shall be masticated.

4) Trees that are less than 10 inches DBH and are located beneath the crown of trees greater than 10 inches DBH and hardwoods greater than 12 inches DHB shall be removed.

5) Oaks 6 feet in height and less shall be masticated unless in openings.

f. Spacing. Trees shall be spaced 25 x 25 feet. Spacing may be varied up to 25 percent to select the most desirable leave tree. Trees on the edge of openings may be left closer together to utilize as much growing space as possible from the opening. However, trees on the edge of openings may not have branches interlacing for more than 1/3 of the crown. Oaks 6 feet in height and greater shall be included in spacing requirements.

g. Leave Tree Selection. Leave trees shall generally be those of the tallest height, largest crown, straightest bole, and free from insects, disease, physical and mechanical damage. In stands lacking sufficient dominant leave trees, select the best codominant, intermediate, or younger trees that meet the criteria below. If no healthy, undamaged tree exists within the spacing requirements, then leave the best tree available. The contractor shall select leave trees based on the following guidelines:

1. Dominance -Trees are taller than others of the same age class and live crown ratio greater than 30 percent.

2. Health -Shall be vigorous and healthy in appearance with a full complement of green foliage.

3. Growth -Leader length shall be equal to or greater than that on trees of the same size and crown class.

4. Bole -Straight with no bends, sweep, or crooks

5. Quality -Trees have good form, with no forks, no vertical branching, and no spiral grain.

6. Damage -free from physical (i.e., broken tops) or mechanical damage (i.e., butt scars, broken branches).

7. Disease -free from conks, cankers, mistletoe, or blister rust infections.

h. Species Retention Priority - Conifer species to be favored by priority as leave trees are:

1) Sugar Pine,

2) Douglas-Fir

3) Incense Cedar,

4) White Fir

5) Ponderosa Pine

Note. If these species are not full crowned, of good form, and free of insects and disease they shall be treated.

i. Small seedlings in openings shall not be masticated.

J. Brush Treatment:

1) Live and dead brush shall be masticated prior to tree processing in any given area. Tree slash lying on top of untreated brush will result in failure to pass inspection.

2) All drainages within unit boundaries shall have brush shredded completely (no buffer zone) unless otherwise directed by the Contracting Officer.

3) All live and dead brush within the designated units shall be masticated except brush in non-work areas or brush growing so close to adjacent leave trees that attempted brush removal would cause damage to the residual tree (generally 6 inches or closer to residual tree).

C.7-3 Contractor-Furnished Equipment

1) Prior to award, the Government reserves the right to inspect the equipment to be furnished. If the equipment is found to be in such condition to indicate the need for frequent repairs and delays in performance, it shall be rejected. The decision of the Contracting Officer shall be final as to whether equipment is in suitable condition for acceptance.

2) Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. The required equipment shall meet the following specifications:

3) Equipment prime power unit- shall be a tracked unit with maximum outside width of 12 feet and a maximum ground pressure of 10 pounds per square inch (PSI).

4) Equipment shall have a boom mounted independently adjustable, mechanically, or hydraulically powered cutter head and housing that controls the height and angle of shredding heads. Must be able to raise cutter head a minimum of 3 feet above ground level.

5) Equipment shall have an articulated boom capable of reaching material 20 feet from the center of the machine in all direction while the tracks are stationary.

6) Equipment shall be capable of working continuously on 0 –45% slopes and on pitches up to 50%.

7) Equipment shall have a power supply to shredder/cutter/chipper that maintains constant rpm's to shredder/cutter/chipper head regardless of power unit.

8) Equipment shall have a maximum cutter head cutting width of 6 feet no minimum width.

9) Equipment shall be in good running condition with no excessive fluid leaks or overheating.

10) Contractor shall be responsible for all fuel, lubrication, repair, and replacement for equipment.

11) Contractor shall provide all tools and equipment for self and employees. All equipment must be equipped with the tools and supplies necessary for making emergency and routine repairs and servicing.

12) Equipment and service/transport vehicles must be equipped with the required fire tools.

13) Chainsaws or other motorized equipment shall be equipped with Forest Service approved spark arresters. Spark arresters are not required on equipment powered by exhaust-driven turbo-charged engines or motor vehicles equipped with a maintained muffler as defined in California Public Resources Code, Section 4442 and 4443.

C.7-4 Operational Safety

Unless otherwise agreed in writing when Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls which provide the forest user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor's Operations. A specific traffic control plan for each individual contract work area shall be agreed to by Contractor and Contracting Officer prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flaggers and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highway" (MUTCD), and as shown on the Contract Map.

C.7-5 Government-Furnished Equipment

None

SECTION E--INSPECTION AND ACCEPTANCE

E. INSEPCTION AND ACCEPTANCE

E.1 Contract Inspection Requirements (FAR 52.246.01) (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.2 Inspection of Services Fixed Price (FAR 42.246.04) (FEB 1992)

a. Definitions. "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.

b. 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.

c. 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, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties.

d. 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.

e. 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.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.1 Sampling (Government’s Inspection System)

Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

1/20 acre (radius 26.2 ft.)

E.3 Specific Inspection Procedures

The Contractor shall submit a unit to the Contracting Officer for acceptance only when the Contractor's inspections for quality control assure the work specifications have been met.

Government inspection may be by work observation, measurement by pacing, tape, clinometers, prism, ocular estimation, and progress of work over-time, or by formal inspection. Formal inspections, if performed, will consist of 1/20th acre plots. For the purposes of this contract, 50% of the value to the Government will be in removing /thinning of conifers and 50% in shredding of brush.

Inspections will be weighted as follows:

TREE REMOVAL AND

SLASH TREATMENT

BRUSH SHREDDING

Inspection Criteria Weighted

Percent

Residual Brush

Percent Remaining

Percent

Tree damage 10% 0% - 5% 50%

Spacing 10% 6% - 10% 40%

Tree Selection 5% 11% - 15% 30%

Species Selection 5% 16% - 20% 20%

Slash Size 5% 21% - 25% 10%

Slash Height and Placement 5% > 25% 0%

Stump Height 5%

Soil/Down Log Disturbance 5%

MAXIMUM TOTAL 50% MAXIMUM 50%

E.4 Acceptance

Work on this contract will be deemed acceptable when the above measurable performance standards are met.

E.5 Government Quality Assurance Plan

The Government will conduct inspections of each unit to determine work quality. Initial inspections will consist of a 100 percent visual inspection and will be bases on adherence to the specific tasks listed in the contract. The Government may also install a series of circular plots. Plots will be randomly located throughout each sub-item to obtain a representative sample of work. Plot size 1/20th of an acre.

After inspection of all plots for a unit, the quality shall be calculated as follows:

(Total number of acceptable plots) X 100 = Performance Quality Percent

(Total number of plots)

Payment will be made in full if inspection results are 90 percent or higher. Work quality less than 90% may result in the Contractor being sent back to re-work areas.

E.6 Government Inspections

a. Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

b. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

1) Compliance Inspections. Visual compliance inspections will be made on a periodic basis.

Such inspections are not final and do not constitute acceptance by the Government.

2) Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

3) Disputed Inspection. The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

4) Reinspection after Rework.

a) Where rework after a failed inspection may improve the inspection results, the

Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection.

Reinspection will be accomplished within five working days after the notice is received.

The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

b) The same sampling and inspection procedures will be used, but new samples will be taken. 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.

c) If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used

d) If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing

The Contractor shall begin work within ____10______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

Start Date: June 1, 2021 487 Days

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 Pre-work

Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

G-2 Notice to Proceed

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

G-3 Measurement

Methods of Measurement.

Acreage was measured on a horizontal plane using a Global Positioning System.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government.

Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G-4 Payments

Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by-case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

1) Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

2) Contract Release. The following supplements the Payments clause in Section I:

3) Before final payment will be made the Contractor shall sign a release of all claims against the

Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

4) Invoices. Payment will be made from Contractor's invoice processed through Invoice Processing Platform.

5) Retainage (applicable to service contracts where work accomplishments are measured in units other than time). The following supplements Clause 52.232-1, Payments:

6) The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

GOVERNMENT-FURNISHED PROPERTY

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

NONE

G.5 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right;

permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-72 Use of Premises (NOV 1996)

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

Unless accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H.2 AGAR 452.236-74 Control of Erosion, Sediment, and pollution (NOV 1996)

Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.3 AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.4 Emergencies

Emergencies Fire Plan See attached fire plan for instructions and guidance.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

Silviculture Projects - 70 meters around the perimeter of the unit being worked in

H.5 Archeological and Historic sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

H.6 Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.7 Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

H.8 Camping Permit Compliance

Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

H.9 Archeological and Historical

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

H.10 Landscape Preservation (NOV 1996)

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H.11 Approval of Subcontracting

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:

The name, address and telephone number of the subcontractor.

The date upon which the subcontract was entered into and its duration A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

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.

H.12 Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers.

Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications

The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements.

Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes: • Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the…