DevilsCreekRFQ.docx

DUNS:

COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

TABLE OF CONTENTS

Devil’s Creek IRSC Page 21 of 95

Arapaho Roosevelt NFs Canyon Lakes RD

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION

STEWARDSHIP AUTHORITY

Section 604 (16 USC 6591c) of Public Law 108-148 as amended by Section 8205 of Public Law 113-79, the Agricultural Act of 2014—Grants the U.S. Forest Service (Government) permanent authority to enter into stewardship contracts or agreements to achieve land management goals for the National Forests or public lands that meet local and rural community needs. Section 8205 supersedes the temporary authority granted to the Forest Service (Government) in section 347 of Public Law 105-277, the Omnibus Consolidated and Emergency Appropriations Act, 1999.

REGISTRATION

All Contractors must be actively registered in the System for Award Management (SAM) (https://SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will be found non-responsive. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

BONDS

Bid Bonds, Payment Bonds, and Performance Bonds are not required for this project.

PROPOSALS

Proposals shall be valid for 60 days from the date the solicitation closes. If additional time is needed, an extension must be requested in writing and may or may not be granted.

PRE-BID SITE VISIT:

A site visit is scheduled for May 27, 2021 to view the project area and discuss the objectives of this contract. The meeting will take place at 8:00 am at at the Canyon Lakes Ranger District (2150 Centre Avenue, Building E, Fort Collins, CO 80526) under the flagpole. Attendees shall then travel out to the project site. Due to Covid-19, please try to limit the number of personnel attending and bring your mask.

PRE-BID/PRE-PROPOSAL CONFERENCE

Details are located in Section L.3.1 of this solicitation under “AGAR 452.237-71—PRE-BID/PRE-PROPOSAL CONFERENCE.”

QUESTIONS

In accordance with AGAR 452.204-70—INQUIRIES, pre-award questions, inquiries and all correspondence concerning this solicitation shall be submitted in writing to the Contracting Officer (CO) karen.ruklic@usda.gov. Offerors shall contact only the CO issuing the solicitation about any aspect of this requirement prior to contract award. The CO’s contact information is located in Block 7a of the SF-1449.

MANDATORY WORK ACTIVITIES

QUANTITY

Cut trees as identified, whole-tree skid to landing and pile at landing (Appendix A applies)

Thin and pile biomass trees. Complete all slash treatment and landing clean-up (Appendix A applies)

Cut trees as identified, whole-tree skid to landing and pile. Complete all slash treatment and landing clean-up (Appendix A applies)

Cut trees as identified, whole-tree skid to landing and pile at landing (Appendix A applies)

Thin and pile biomass trees. Complete all slash treatment and landing clean-up (Appendix A applies)

(Appendix C applies)

(Appendix C applies)

*Exclusion areas are not included in estimated quantities.

B.2.2 OPTIONAL WORK ACTIVITIES [Reserved]

(FLAT)

TOTAL OFFER

Lodgepole Pine Live/Dead

Ponderosa Pine Live/Dead

Notes:

· See Instructions to Offerors (Section L) for business proposal requirements

· These schedules are for pricing/payment purposes

· Price Proposals must be provided on ALL Items in the Schedules: Mandatory Work Activities, Optional Work Activities (if applicable), and Timber or Other Products Removal

· Unit prices Prevail

B.3 LAND MANAGEMENT ACTIVITIES

All Mandatory Work Activities in Section B.2.1 and B.2.3 shall be performed.

Performance of land management activities shall be in accordance with the Project Description and Work Specifications.

Payment for land management, Mandatory Work Activities (CLIN 0001-0007), listed in Section B.2.1, will be made with either Stewardship Credits in lieu of cash, as defined in Section G, or in appropriated funds.

SECTION C—DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

C.1 PROJECT DESCRIPTION

(a) Description of Work—The Devil’s Creek IRSC is part of the Cherokee Park project located in the Canyon Lakes Ranger District of the Arapaho/Roosevelt National Forests, approximately 60 miles northwest of Fort Collins, Colorado. Land management objectives for the project area are summarized as follows:

(1) Reduce the threat and severity of wildfires.

(2) Return the stands to historic range of variability, including enhancements of Aspen stands and mountain meadows.

(b) To accomplish these objectives, the contract includes the following components: group selection that incorporates individual clumps and openings, stand cleaning/thinning, mechanical fuels reduction, snag and down wood management, and removal of Timber or Other Products.

(c) Contract—will be a commercial services contract with requirements for timber removal and road maintenance.

(d) Project Location—the contract is located T11N, R73W, section 10; 6th P.M. Larimer County, Colorado. From Fort Collins, Colorado, drive north on Highway 287 for approximately 20 miles to the junction of Cherokee Park Road (County Road 80C). Turn west on 80C and continue for approximately 47 miles to the intersection of NFSR 182. This intersection is the approximate south western edge of the project area boundary (refer to the Contract Area Map to locate the Units from this point).

C.2 SPECIFICATIONS

Specifications for each Stewardship Activity described by CLIN in Section B—Schedule of Items, can be found within the contract as well as within the appendices. Technical specifications for service items, Appendix A; timber/product removal specifications, Appendix B; road maintenance plans and specifications, Appendix C.

C.3 CONTRACT AREA MAP

The boundaries of the Units, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before contract award, designated on the ground by the Government to meet the anticipated needs of the parties. The location of the Units and their approximate acreage are stated in Appendix B, Division A.2. Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

(a) Claims limiting Contractor's rights;

(b) Unit boundaries;

(c) Areas where leave trees are marked to be left uncut;

(d) Roads listed

(e) Sources of base course, rock riprap and surface rock;

(f) Roads where log hauling is prohibited or restricted;

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

(j) Maximum stump heights when more than one height is listed by areas;

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Stewardship work activity boundaries.

C.4 GOVERNMENT FURNISHED PROPERTY

See FAR clause 52.245-2—GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES in Section I.1.1.

C.5 OPERATING/WORK PLAN AND OVERALL SCHEDULE

Contractor shall provide, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F. The Operating/Work Plan and Overall Schedule shall contain the following elements:

(a) The Operating/Work Plan and Overall Schedule shall indicate the sequence of activities that will take place to accomplish the work described within the contract, Appendix A, Appendix B, Appendix C, and any additional attachments, including proposed start and completion dates.

(b) The Contractor shall assign to this contract the following key personnel: All individuals shall be designated in writing and shall be fluent in both written and spoken English.

Contractor’s Representative: Individual able to define Company position in contractual matters; agree to modifications, rates of payment, timber subject to agreement and alternate methods; authorized to sign award documents and other contractual notices or documents.

Field Representative: Individual responsible for on-the-ground direction and supervision of Contractor’s operations; shall be readily available in area when operations are in progress and is authorized to receive notice in regard to performance and take related action. Responsibilities include safeguarding of National Forest resources and performance within the terms of the contract.

Alternate Field Representative: Individual delegated to assume the responsibilities of the Field Representative in their absence.

Slash Crew Supervisor: Individual responsible for on-the-ground direction and supervision of slash treatment if different than Field Representative. Shall be readily available in the area when operations are in progress and is authorized to receive notice in regards to performance and take related action. Responsibilities include safeguarding of National Forest resources and performance within the terms of the contract.

(c) A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate.

(d) All subcontractors must also provide a list of all employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate.

(e) A proposed Communication Plan regarding findings, progress, information exchange, questions, and concerns of both parties.

Depending upon how the Contractor proposes accomplishing the activities within the contract, the Operating/Work Plan and Overall Schedule may be developed by indicating when and how all work activities within individual Units will be completed, when and how individual tasks will be completed, or a combination of when and how Units or tasks will be completed. The Contractor should be able to display through an Operating/Work Plan and Overall Schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

C.6 DEFINITIONS

(a) Acceptable Quality Level (AQL): The allowable leeway or variance from a standard before the Government will reject the specific service. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the Government. The Contractor, however, must re-perform the defective service when possible.

(b) Acceptable Service: A job performed to the standard and within the AQL. The Contractor must do the specific job, and meet the standard, and meet the AQL before one can say that performance has been acceptable and that the Contractor should be paid.

(c) Basal Area: The area, per acre that is occupied by the cross-section of tree trunks and stems at DBH, expressed is square feet per acre.

(d) Biobased Products: See Sustainable Acquisitions.

(e) Biomass Trees: Any conifer material 2 feet in height to 4.9 inches DBH.

(f) Bole Spacing: The horizontal distance in feet from the edge of one leave tree bole to another leave tree bole, measured from the outside bark of each tree.

(g) Circular Plot: A sample plot within a Unit that is used to determine the number of desirable trees and other contract specifications.

(h) Clean-up: Items may include—slash work, fall leaners and broken tops, seeding, landing obliteration and ripping, temp road obliteration and ripping, construction of cross ditches and water bars, road maintenance, removal of warning signs, removal of equipment from project area, return of Government Furnished Property, designated improvement repair, etc.

(i) CLIN: Contract Line Item Number (Section B.2).

(j) Coarse Woody Debris: Woody material left on the ground to meet wildlife habitat requirements.

(k) Contracting Officer (CO): Individual with authority to bind the Government with their signature on the contract.

(l) Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

(m) Crown Ratio: The ratio of live crown length (tip of leader to base of the crown) to total tree length/height.

(n) Crown Spacing: The horizontal distance in feet between the dripline of a live crown to another live crown.

(o) Cut Trees: Trees that do not possess the characteristics of desirable leave trees, and are required to be cut. As described by the contract or otherwise marked to be cut.

(p) Damaged Trees: Trees damaged beyond recovery occurring from contractor operations.

(q) DBH: Diameter at breast height, measured at a point of 4.5 feet above the ground level on the uphill side of the tree.

(r) Dead/Dying Trees: Trees with the crown foliage changing from green to red, yellow, or needleless.

(s) Decking: Stockpiling of trees in a designated area.

(t) DIB: Diameter inside bark.

(u) Dripline: Outermost circumference of a tree canopy where water drips from, and onto the ground.

(v) EOR: End of Road.

(w) Erosion Control: Mitigation activities designed to prevent/reduce erosive conditions such as soil displacement, run-off, rilling, wind erosion, or sedimentation into waterways.

(x) Government: Forest Service.

(y) Hand Pile: A method of piling slash with the use of manual labor.

(z) Hang-Up Tree: Any cut tree suspended above ground level.

(aa) Healthy Regeneration: Young, healthy, dwarf mistletoe free conifers, less than 4.9 inches in diameter, free of defect or characteristics listed in Appendix A “Leave Tree Characteristics”.

(ab) Holiday: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

(ac) LCR: Larimer County Road.

(ad) Leave Tree: Trees that possess desirable characteristics and that serve to create the basis for designated spacing requirements, or are otherwise designated to be left.

(ae) Leave Tree Markings (LTM): A method of timber designation whereby identified trees are marked to be left uncut as identified in the Appendices.

(af) Limb and Top Removal: The removal of limbs and tops from a treatment unit while still attached to the cut tree (also called Whole Tree Skidding). Trees are not processed in the woods but are skidded with tops and limbs attached.

(ag) Machine Pile: A method of piling slash with the use of mechanized equipment.

(ah) Mechanical Treatment: A method of treatment using machinery such as feller bunchers, harvesters, processors, etc

(ai) NFSR: National Forest Service Road.

(aj) Non-Sawtimber (Non-Saw): Conifer trees greater or equal to 5.6 inches stump diameter that do not meet minimum Sawtimber specifications.

(ak) Period of performance (also PoP, Performance Period or Contract Time): All calendar days allowed for completion of the contract work. Includes all days of the week including weekends and holidays.

(al) Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract Performance standards are met by the Contractor.

(am) Piling: The piling of material (by hand or by equipment) at an agreed upon location for future treatment by Forest Service.

(an) Progression of Work: Work conducted in a progressive, workmanlike and orderly manner by the Contractor.

(ao) Quality Assurance: Those actions taken by the Government to check goods or services to determine that they meet the requirements found in the contract and all attachments listed in Section J.

(ap) Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the Government will assess performance, checklists, and may contain decision tables.

(aq) Quality Control: Those actions taken by the Contractor to control the production of goods or services so that they will meet the requirements of the contract and all attachments listed in Section J. Refer to FAR clause(s) 52.246-4—Inspection of Services—Fixed Price and the Contractors Quality Control Plan (Section E).

(ar) Quality Control Plan (QCP): Contractor’s plan for self-monitoring work prior to the Government inspection and acceptance (Section E).

(as) Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

(at) Reserve Clumps: Groups of trees within a treatment area that are protected from cutting, may also include Individual Reserve trees

(au) Sawtimber: Included timber meeting the Utilization Specifications as defined in Appendix B, Division A.

(av) Skidding: The process of conveying felled trees or logs to a landing or designated location.

(aw) Slash: Woody material existing or created that has accumulated on the forest floor. Woody material includes logs, pieces of logs, tops and branches.

(ax) Standard: An acknowledged measure of comparison.

(ay) Stewardship Contracting: An exchange of goods/products for services including construction.

(az) Streamcourse: The area along a stream that has riparian vegetation and other riparian characteristics. Stream courses are noted on the project maps. They typically require special treatment which may include alteration to the tree cutting, slash treatment, vehicle travel, or fueling of saws.

(ba) Sustainable Acquisitions: (FAR Part 23.4—Use of recovered materials and biobased products)

(1) Biobased Products: Managed by the U.S. Department of Agriculture (USDA), the goal of the BioPreferred program is to increase the purchase and use of biobased products. The BioPreferred program was created by the 2002 Farm Bill and reauthorized and expanded as part of the Agricultural Act of 2014 (the 2014 Farm Bill). The program's purpose is to spur economic development, create new jobs and provide new markets for farm commodities. The increased development, purchase, and use of biobased products reduce our nation's reliance on petroleum, increase the use of renewable agricultural resources, and contribute to reducing adverse environmental and health impacts. Information on biobased/biopreferred products can be found at the BioPreferred Site. The Contractor shall comply with FAR clause 52.223-2—Affirmative Procurement of Biobased Products Under Service and Construction Contracts and FAR provision 52.223-1—Biobased Product Certification.

(2) EPA-designated Items: Products that are or can be made with recovered material. The Comprehensive Procurement Guideline (CPG) program is part of EPA's continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. The Contractor shall comply with FAR clause 52.223-17—Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(bb) Temporary Roads: Non-permanent roads that are constructed by contractor for the purpose of Unit access.

(bc) Thinning: The cutting of trees in excess of those to be left for future management.

(bd) TPA: Trees per acre.

(be) Unit (Cutting Unit, Payment Unit, Pay Unit, Treatment Unit): An individual area on the ground in which activities will be performed and which may appear as a separate pay item in the Schedule of Items.

(bf) Unsatisfactory Work: Work quality falls below the AQL, the COR will issue a work order or notice of noncompliance to the Contractor in writing. Untreated or unsatisfactory treated areas shall be reworked to obtain satisfactory work quality.

(bg) Weekend: Saturday and Sunday.

(bh) Whole Tree Logging: Whole tree logging includes cutting tree and moving the entire tree bole, including tops and branches, to the landing

(bi) Whole Tree Skidding/Yarding: Contractor shall leave tops and limbs of felled trees attached to included timber, and skid/yard them to deignated area/location.

(bj) Wildlife Tree: Standing tree Marked to be reserved as a wildlife tree. Used by birds and small mammals for shelter, nesting, perching, etc.

SECTION D—PACKAGING AND MARKING

There are no clauses in this section.

SECTION E—INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

Contractor shall identify the Quality Control Inspection System it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the CO. Inspection records shall be made available upon request of the CO and/or COR and be maintained until the date of contract closure. The CO and/or COR may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.1.1 QUALITY CONTROL PLAN (QCP) APPENDIX A

Contractor shall provide a general QCP with the Technical Proposal. The Contractor shall supplement the QCP within 7-days before starting work based on items awarded to the Contractor and the Government’s comments. The Contractor shall conduct quality control inspections on all aspects of work.

The general QCP shall demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The QCP 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 work is in progress, residual tree care and other associated tasks, such as sample plots of thinning and subitems.

E.1.2 CONTRACTOR QUALITY CONTROL INSPECTION APPENDIX A

At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The CO and/or COR may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. Inspection procedures must provide the following information:

E.1.2.1 PLOT INSPECTIONS

Where the unit of measure is per acre, the Contractor shall maintain a plot system that provides an unbiased sample of tasks listed in the Performance Requirements Summary (Section E.3.3).

The plot system shall be consistent with the method of work. The Contractor shall sample at least 1% of the Unit, with a minimum of 3 plots per Unit.

(a) Plots shall be marked and identifiable on the ground, this includes plot numbers and visible flagging.

(b) Contractor shall provide inspection sheets and a sketch map of the Unit with plot locations to the Government. Inspection sheets shall be signed and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

E.2 ACCEPTANCE

Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one re-inspection for each Unit. If the Contractor fails to meet the minimum AQL, the Contractor shall rework the Unit. Anytime more than two inspections are required per Unit, the Contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a payment reduction may result (Section G.2.1). Acceptance may be made for all or portions of work.

The purpose of this plan is to provide a QASP for contract items and tasks performed. This QASP provides a basis for the COR to evaluate the quality of the Contractor’s performance. The oversight provided for the contract and this QASP will help to ensure that quality levels of the Contractor’s service(s) reach the required levels of performance.

By monitoring the Contractor’s service work, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all work descriptions specified in the Performance Requirements Summary (Section E.3.3).

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 will perform inspections and tests in a manner that will not unduly delay the Contractor’s work.

If any of the services do not conform to 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 reworking, the Government may:

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

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

E.3.2 GOVERNMENT INSPECTION OF SERVICES

The Government will inspect service work completed by the Contractor and/or subcontractor as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with the requirements of contract specifications.

All work included in the contract specifications is subject to inspections by the Government at periodic intervals throughout the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

E.3.2.1 GOVERNMENT TIMING OF INSPECTIONS

Once the Contractor notifies the Government of Unit completion, the Government will have 14-days to start inspection for payment. Timeframe to complete inspections will depend upon the number of acres to inspect and availability of inspectors. Work with CO to determine when Units will be inspected.

E.3.2.2 WORK QUALITY PERCENTAGE

Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory quadrants divided by the number of quadrants inspected determines the quality rate. The rate multiplied by 100 provides the work quality percentage.

For each completed work activity, Contractor’s quality control inspection percentage services completed will be compared to the Government’s assessment results. If the results differ by <5%, 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%, the Government’s percentage will be used as the basis for payment.

Government will pay 100% of CLIN price if work quality of all plots meeting the AQL % or greater. If below, the Government will issue a letter of non-compliance. The Contractor will be permitted to bring work quality to an acceptable standard. If the Contractor is unable to bring the work to an acceptable standard, then CLIN pricing will be reduced according to the Payment Reductions (Section G.2.1).

In the event that work is performed that is contrary to the requirements in the contract, the Government is not liable for costs incurred by the Contractor during negligent performance that is without the fault or negligence of the Government.

· Visual inspection—walk through Units

· Random verification of compliance—Plot Inspections

· Written documentation of visual inspection

· Written documentation of visual inspection

· Periodic verification of compliance with the use of walk through inspection and/or Plot Inspections

Appendix C

· Written documentation of visual inspection

Disincentives for failure to meet the above standards may be as follows:

(a) Rework will be completed at Contractor’s expense.

(b) If rework is not physically possible, payment deductions will be made for work falling below AQL (Payment Reductions, Section G.2.1).

(c) Damage to the residual stand or infrastructure will be assessed against the Contractor.

(d) Government re-inspection charges.

(e) Poor performance rating will be given.

SECTION F—DELIVERIES OR PERFORMANCE

F.1 SPECIAL CONTRACT TIME AND PERFORMANCE RESTRICTIONS

Unless otherwise agreed, the Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

RESTRICTIONS

When soils and temporary roads are wet (saturated or near saturated soil and spring snow thaw creates overland water flow or water flow in ephemeral drainages Protection of soil and watershed resources

F.1.1 OPERATING SEASON

The normal operating season is July 1st through October 15th annually.

F.1.2 START WORK DATE

The estimated start work date is July 1, 2021.

See Section F.1—Special Contract Time and Performance Restrictions, concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for Resource Protection, etc. may be addressed in the Technical Specifications.

F.1.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2023. The time stated for completion shall include final cleanup of the premises.

Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B or C and as approved by the Contracting Officer.

F.2 [Reserved]

F.3 SCHEDULES AND REPORTS

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on the anniversary of the initial contract award as stated in Block 3 of the SF-1449.

All schedules and reports shall be submitted electronically (via email) to the CO and COR, as identified by the CO.

SUBMITTALS

(Refer to Section L for instructions) Provide at prework meeting Annually & when changes are made

(Refer to Section L for instructions) Provide at prework meeting When changes are made

(Refer to Section L for instructions) Provide at prework meeting

When changes are made

When changes are made

Provide at prework meeting When changes are required and made

Provide at prework meeting When changes are made

Provide at prework meeting When changes are made

(email to CO & COR when complete) When changes are made

F.4 [Reserved]

F.5 FAR and AGAR CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

AGAR 452.211-74—PERIOD OF PERFORMANCE (Feb 1988) The effective period of this contract is from Date of Award through October 15, 2023.

(End of Clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov https://www.acquisition.gov/agar

52.242-15 Stop Work Order (Aug 1989)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 MEASUREMENT

All linear and area measurements under this contract are measured on a horizontal plane, unless otherwise noted.

G.1.1 RE-MEASUREMENT

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

If re-measurement indicates a variance of 5% or less in the acreage stated in Section B.2—Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

If re-measurement results in a variance greater than 5% in the acreage stated in Section B.2—Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

G.2 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the Timber or Other Products Value will not completely offset the costs of the work to be performed. Payment shall only be made under this Section to the extent that the work performed will not be offset by the Timber or Other Products Value during the contract period.

When payment is made to the Contractor for work performed, it will be made in accordance with FAR clauses 52.212-4(i)—Contract Terms and Conditions—Commercial Items, and 52.323-33—Payment by Electronic Funds Transfer—System for Award Management (included in FAR 52.212-5—Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Section I).

Contractor shall electronically submit complete invoices for payment to address listed in Block 18a of the SF-1449 when all invoiced work has been completed and accepted by the Government. Complete invoices shall contain:

(a) Company name;

(b) Tax Identification Number (TIN);

(c) Signature and contact information of a person authorized to sign on behalf of the company;

(d) Invoice number;

(e) Contract and/or Task Order number;

(f) Project name;

(g) Contract Line Item Numbers (CLIN) and the amounts to be paid for each; and

(h) Completed Contractor Certification (Section G.2.4).

The value of work completed and Timber or Other Products Removed will be documented in a Stewardship Statement of Account produced by Forest Product Financial System (FPFS) monthly, when harvesting operations are underway.

G.2.1 PAYMENT REDUCTIONS

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL, as identified in the Performance Requirements Summary (Section E.3.3).

If the work deliverable cannot be reworked to achieve the minimum required AQL, a reduction in payment of the Unit price will be applied as shown below.

PAYMENT REDUCTIONS

multiplied by the actual level achieved

G.2.2 RE-INSPECTION COSTS

If rework of any work performed is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection, per Unit, during ongoing operations will be authorized, and one final inspection at the completion of all operations.

(a) Any subsequent inspection requests will be re-inspected and will accrue re-inspection costs.

(b) If the final inspection requires rework, the rework will be re-inspected and will accrue re-inspection costs.

CHARGE RATES FOR GOVERNMENT RE-INSPECTION OF WORK

*Mileage reimbursement rate in effect January 1, 2021 is $0.56 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website GSA Mileage.

G.2.3 FINAL PAYMENT – RELEASE OF CLAIMS

The Government shall pay the final remaining amount due to the Contractor under this contract only after—

(a) Completion and acceptance of all work

(b) A complete invoice (Section G.2), is received electronically at address listed in Block 18a of the SF-1449 or 25;

(c) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release shall be received; and

(d) All Government Furnished Property has been returned and accepted by the COR (if applicable).

G.3 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies to perform all work required to complete the project in accordance with the appendices, drawings, specifications, clauses, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in Section B.2—Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.4 PRODUCT PAYMENT GUARANTEE

In accordance with 36 CFR §223.34, to guarantee payment for product in advance of cutting, the Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety, including a payment bond, irrevocable letter of credit (ILC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned Stewardship Credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Government estimates will be cut or removed in not less than 30-calendar days and not more than 60-calendar days, plus the value of any outstanding charges for product removed.

Securities shall be deposited through the CO, accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15-days of billing by the Government. The penal sum of such surety bond or the market value at the time of deposit of such negotiable securities shall be the maximum amount of the payment guarantee.

Product payment guarantee for a single contract shall be provided utilizing form FS-6500-12—Payment Bond.

Blanket Payment Bond:

(a) Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. The Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Government. The Contractor shall provide the contact information for the Government representative administering the blanket payment bond to the CO. The Government representative administering the blanket payment bond will provide the CO with documentation showing the allocation to this contract.

(c) When there is to be no product cutting or removal hereunder for 30-days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at the Contractor’s request.

(d) Payment guaranteed with an acceptable payment bond for multiple contracts shall be provided utilizing form FS-6500-12a—Blanket Payment…