PWS Regional Targeted Grazing 127EAT22Q0044.pdf

USDA FOREST SERVICE PACIFIC SOUTHWEST REGION

REGIONAL TARGETED GRAZING BLANKET PURCHASE AGREEMENT

PERFORMANCE WORK STATEMENT

The scope of this Blank Purchase Agreement (BPA) is to secure services for fuel break maintenance, hazardous fuels reduction, and/or non-native invasive/noxious weed control using targeted grazing treatments of forest lands in the Pacific Southwest Region of California to 1) reduce vegetation within the forests, 2) reduce the risks of wildland fires, and/or 3) to improve forest health.

Period of performance: Blank Purchase Agreement (BPA) for a period of five (5) years. Estimated period of performance is 07/11/2022-07/10/2027.

Objectives of various BPA Call include to re-arrange ladder fuels to reduce the potential for an extreme wildfire; reduce the threat of major insect attack; reduce inter-tree competition for moisture, nutrients, and light in the area; maximize individual tree growth and vigor; and/or reduce non-native invasive/noxious weeds.

Project areas can include reforestation areas; natural and managed stands of timber/woodlands of all ages, size and species; shrub fields or grass areas; riparian and wetland areas; and/or areas of non-native invasive/noxious weeds. Fuels may consist of harvest activity slash, natural fuels, live fuels, slashed shrubs, and/or trees. Fuel loads across the area vary tremendously and the conditions will be identified on each BPA Call. Targeted livestock grazing by goats, sheep, or cattle are the activities for fuels reduction/vegetation treatment or noxious/invasive weed treatments that are contemplated under this contract.

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

The Contractor shall develop a plan of operations to organize, accomplish, and direct all operations for the necessary work when provided the resource objectives for the project.

For project oversite of the non-native invasive/ noxious weed BPA Call, since target species and habitat conditions may vary, the Contractor will work closely with the forest invasives program contact throughout the project. This will be specified in the individual BPA Call.

Location and Description

Vicinity maps identifying forest locations are included in attachments and are hereby made a part of this contract. The map is intended only to show the general size and location of the unit(s) and is not intended to be accurate as to shape and dimension. Information about specific locations will be included in each BPA Call. Tasks may be located on any of the National Forests in California.

A. Accessibility.

Accessibility is by all-weather and seasonal roads. Project area may be reached via County and Forest Service roads and are accessible by standard pickup during the normal operating seasons. Four-wheel drive vehicles equipped with snow tires and chains may be necessary when snow, mud or ice is abundant in the project area or on four-wheel drive roads. Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may require walk-in to units that are inaccessible by road. Vehicles shall not operate off system roads without prior written approval of the Contracting Officer (see restriction on motorized equipment below).

B. Boundaries.

The project areas are generally identifiable by changes in vegetation, roads, flagging, or through geographical information systems (GIS) data. The boundaries can be adjacent units, or other natural or manmade features that clearly define the boundary as noted on the project area maps

Unit boundaries such as roads and fire lines are usually obvious on the ground. Boundaries that are not obvious will be marked with plastic ribbon and/or boundary tags. If plastic ribbon and/or boundary tags are used, individual BPA Call will indicate their presence and description/color of boundary markers.

Work on this contract may require the contractor to use global positioning system (GPS) capabilities in order to identify treatment areas or project boundaries. The government may provide electronic files to the contract that will identify treatment unit boundaries and treatment islands within the boundary. It is the responsibility of the contractor to utilize electronic data and all technical support for contractor equipment. If there is any discrepancy on the boundaries of individual work areas within units, the

COR must be contacted as soon as possible, and no more work must take place until the discrepancy is resolved.

Exclusions (non-work areas): Control areas, if present; and limitations on work performed will be noted in BPA Call and delineated on the ground by a specified color flagging on the boundaries. If alternate colors are used to distinguish between control areas, colors will be known to contractor prior to commencement of work.

Unique Factors

Motorized Equipment.

Use of motorized equipment will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

Safety

Contractors shall have, and maintain, a written Safety Plan that is in accordance with OSHA Regulations for the duration of the contract. The Safety Plan is due to the Contracting Officer within 10 days of award. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work. The Safety Plan must be available on-site and must be updated for project specific information by task. The Contracting Officer Representative (COR) will obtain a copy of the site-specific Safety Plan from the Contractor on the first day of work. The Forest Service will approve the overall safety plan, and the local Forest units will approve the site-specific BPA Call and safety plans.

Fuel reduction activities are known to have inherently hazardous conditions associated with working in the woods, e.g.: sharing the road with log trucks, private and government vehicles; ticks, snakes, and bees.

Some BPA Call may contain a government Job Hazard Analysis (JHA) in order to convey to the contractor known hazards. The site-specific safety plan shall comply with the JHA and the contractor shall provide the Project Safety person who shall be responsible for enforcing the Safety plan.

Protection, Use and Maintenance of Improvements

The Contractor, in all phases of contract operations shall protect insofar as practicable ditches, fences water systems and other improvements. If such improvements are damaged by contractor operations the contractor shall restore them immediately to condition existing immediately prior to Contractor's work.

Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall always conduct the work 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 enough precautions to prevent destruction to the banks of streams, lakes, small ponds, and reservoirs by livestock as well as pollution from livestock when watering from silt, excrement, or other harmful materials.

Mechanical equipment shall not be operated in live streams without written approval of the

Contracting Officer. BMPs will be used to avoid soil compaction (especially on hydric soils) and over-grazing/staying too long in one area.

c. Protection of Rare Species and Botanical Resources. The Contractor shall take enough precautions to prevent destruction of endangered species, Regional Forester Sensitive Species, Species of Conservation Concern, California State-listed Species, California Department of Fish and Wildlife Rare Plant Communities, and other locally important botanical resources. For example, some of the “brush and shrub” species and their habitats may be of special value. The

Forest units will approve the project site-specific plans, and the Contractor will work with the local Forest Botanist to identify local conditions.

Endangered Species

The Government may direct the Contractor to discontinue BPA Call operations if listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, are discovered to be present in or adjacent to the project area.

Preservation of Historical and Archeological Resources

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Stop-Work Order clause FAR 52.242-15.

Special Situations

Some project areas may have limited periods where work can occur, zones where no soil disturbing activity can occur, or special access rules due to noxious weeds or other types of diseases (such as Port Orford Cedar or Sudden Oak Death areas). Any such limitations will be identified on the applicable BPA Call.

Environmental Interruption of Work

Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the

Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order that will document the date the work suspension ends. An allowance will be included in each BPA Call for short-term environmental delays up to one day at a time. The count of contract time will therefore continue during work interruptions of one day or less, but the count of contract time will stop during work interruptions in excess of one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

Other Contracts

The Government may undertake work with its own forces or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees and carefully fit its own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act, which shall interfere with the performance of work by any other Contractor or by Government employees.

Noxious Weeds Avoidance Measures

Control Noxious Weeds - Cleaning of Equipment: To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest System lands, the Contractor shall ensure all equipment moved onto National Forest System lands is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision.

To prevent the spread of noxious weeds, all equipment will be air washed with pressurized air or washed to remove soil and organic debris prior to entry into the project area and upon final exit on site.

Livestock should be quarantined for up to two weeks (preferably before they arrive on the forest) to eliminate seed sources from their droppings.

Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here.

Restrictions are as follows: 1. In accordance with the task order fire plan. 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. Before livestock are brought into the project area for targeted grazing, they shall be held for quarantine off-site for a minimum of 72 hours, or until such time as any seeds from invasive species not present in the project area will have passed through the intestinal tract of all animals in the herd. Contractor shall certify in writing to Contracting

Officer quarantine has occurred off-site, and include quarantine location. 4. Targeted grazing shall cease immediately upon discovery of previously-unknown cultural resources. COR shall be notified immediately and the affected area(s) shall be fenced off for avoidance until a Forest Service

Archaeologist can determine relevance of the discovery. 5. Mature oak trees shall be protected from grazing activities. 6. All food and trash shall be removed from the site and properly disposed of on a regular basis. 7. All dogs used by the contractor for this contract shall have been vaccinated for rabies. A certificate showing vaccinations shall be submitted with the proposal. Contractor shall keep vaccination records or proof of current vaccination for all dogs on the project areas. Contractors’ dogs used in the operation need not be leashed but must be under contractor’s control. 8. Contractor shall immediately report to COR and all proper governmental authorities any case of infectious animal disease appearing in livestock on the premises, and shall, at the Contractor’s sole cost and expense, take all steps required to isolate, control, and eliminate such disease. Livestock exhibiting symptoms of diseases communicable to humans shall be immediately removed from the premises.

Season of Operation

Project activities will occur when roads are open in the project area. Project activities will not occur when roads are closed seasonally, and during periods of wet weather, this varies seasonally by Forest.

Limited Operating Period

A limited operating period (LOP) may apply and will be identified at BPA Call level.

BPA Call Contract Time and Work Progress Performance Requirements

Rate of Progress

Each BPA Call will identify the contract time applicable to the task.

The following conditions are applicable for all tasks

(a) Work shall commence no later than 3 days after the effective date of the notice to proceed unless the BPA Call specifies otherwise. Units shall be treated in accordance with the order of preference established in the BPA Call or by the Contracting Officer. The Contractor shall maintain progress at a rate which will assure completion within the contract time indicated on the individual BPA Call. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by contract time specified or as established by an approved progress schedule.

(b) If the Contractor's progress falls behind the work progress schedule for more than 2 days at the specified rate of progress or if the percentage of quality falls below 80 percent for more than 20 percent of the item acreage, the Contractor's right to proceed may be terminated if satisfactory quality or progress is not attained within the time specified.

(c) The Service Contract Act applies and the appropriate Wage Determination will be specified on each individual BPA Call Order.

Restrictions on Work:

Work will generally be performed at any time during the period of the task except as determined by the COR or as stated below:

1. In accordance with the BPA Call Fire Plan.

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. Work is suspended by notice of a Work Order for non-compliance with requirements of this contract.

4. When other environmental conditions are detrimental to the work being performed.

Work Progress Schedule

Prior to starting work, the Contractor shall present a written plan of work providing for the orderly and timely completion of the BPA Call requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the task if conditions warrant.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing by what means they intend to complete the project on time and in compliance with all contract requirements.

Prosecution of the Work

The capacity of the Contractor's plant, method of operation, and forces employed shall, at all times during the continuance of the contract, be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work will be completed.

If work is seriously or chronically deficient, the Contractor's right to proceed may be suspended until the performance problems can be resolved and work may resume. The contract time will continue to run during any such period of suspension.

Definitions

Acceptable Quality Level (AQL) - The maximum allowable deviation from the Quality Standard established by the Government for work performed in this contract before the Government may invoke payment deductions. The AQL does not allow a Contractor to knowingly quote or perform defective services below the Quality Standard, but limits reduced payments to circumstances in which defective performance results in a measurable reduction in the value of services received by the Government.

Brush - A low woody, perennial plant having stems arising from or near the ground such as Manzanita, deer brush, whitethorn, gooseberry, etc.

Control Area - A point or area identified within the treatment unit with red and white or blue and white striped flagging. Within control areas, there shall be no felling of trees, cutting of brush, piling of materials, staging of equipment, driving or parking vehicles.

Hazard-The existence of a fuel complex that constitutes a threat of wildfire ignition, unacceptable fire behavior and severity, or suppression difficulty.

Hazard Reduction-The planned treatment or manipulation of naturally growing vegetation or any other flammable material for the purpose of reducing rate of spread and output of heat energy from any wildfire occurring in the area treated.

Ladder Fuels-Fuels that provide vertical continuity between the ground and the tree crowns, thus creating a pathway for surface fire to move into the overstory tree crowns.

Mobilization - The act of delivering all ordered personnel and equipment to the project area. The price for mobilization shall be included in the proposed unit prices.

Non-Treatment Area - These areas may be excluded from treatment for consideration of wildlife habitat, utilities, archeological sites, trails, land improvements, stream course protection, and/or areas with excessive rock or steep ground.

Project Area - The area being treated defined by the BPA Call.

Quality Standard - The established standard against which all the Contractor's performance shall be measured.

Riparian Buffer - A 50-foot area extending upslope on each side of a stream channel or as described in the specific BPA Call.

Riparian Reserves -They include unstable and potentially unstable areas that are not associated with a riparian area but are primary sources for wood and sediment. Riparian Reserves occur at the margins of standing and flowing water, intermittent stream channels, ephemeral ponds, seeps, springs and wetlands.

Shrub (or brush) - Vegetation consisting of woody perennial plants smaller than a tree, usually having permanent single, or multiple stems, originating at or near the ground level not normally reaching 20 feet in height (i.e. bitter brush, manzanita, ceanothus, mountain mahogany, rhododendron, serviceberry, sagebrush, etc.).

Stream Channel - That area influenced by high water at the time of the year with the highest flow.

Supervisor (foreman) - A working (English speaking) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress. If crew is non-English speaking, the supervisor must be bilingual in English and the language of the crew members.

Treatment Unit- A contiguous work area with designated boundaries.

Unit - Unit for inspection and payment purposes is an area specified in the BPA Call by Unit Name and Number.

Contractor Furnished Property

Unless otherwise specified herein, the Contractor shall provide all labor, transportation, supplies, livestock, livestock protection measures (such as livestock protection animals) and equipment necessary to perform the work as described herein.

GPS with capability of holding shapefiles.

The contractor shall furnish all safety and fire prevention equipment required by State, federal law or regulations and by county ordinance. Refer to the fire plan in - List of Attachments for fire tools and equipment requirements.

Use of motorized equipment will not be permitted off designated roads in the project area without approval of the Contracting Officer or as specified or agreed to in the prework conference.

Government-Furnished Property

No government property is contemplated; however, if available will be identified on the BPA Call.

Method of Measurement

All linear and area measurements under this contract will be measured on the horizontal plane.

The work area may be designated on the ground by existing roads, flagging and/or paint marks. Maps will be attached to the BPA Call and are intended to show only the general size and location of the area. The Contractor may, in writing at any time after award, request measurement of the unit under this contract if they feel that the acreage identified on the BPA Call is incorrect. No variation of the stand perimeter(s), as laid-out on the ground for this contract, will be allowed.

If the Government measurements are found to be accurate, within five (5) percent, the Contractor is liable for the actual cost of the re-measurement. The re-measurement costs will be calculated using the salary of the Inspector, vehicle travel, plus twelve (12) percent overhead costs. If the Government's measurement proves inaccurate, the Government will bear the cost of the re measurement and payment will based upon the acreage as re-measured.

Contractor Personnel and Equipment

Contractor On-Site Representative

For each BPA Call the Contractor shall designate in writing, a representative to act for the contractor during his absence. The Contractor's representative shall read and speak fluent

English. The Contractor shall list the extent of authority the designated representative will have on the job.

The Contractor or acting authorized Representative shall receive orders from the COR/inspector as required to keep the job in progress and adherence to technical specifications, as needed, to finish the job.

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative conversant in the English language and able to read and understand the contract.

Work Foreman

The Contractor's foreman shall be fluent in the English language. The Contractor shall always have a foreman and an inspector with each crew whose intended purpose is quality control of the Contractor's work and Contractor self-inspection.

Non-Supervising Quality Inspector

It is expected that there will be at least one non-supervising quality inspector per crew designated by the Contractor to perform quality control.

Contractor Employees

The Contracting Officer, in writing, may require the Contractor to remove from work any employee found to be working in an unsafe manner, endangering government resources or criminal behavior.

Subcontractors

The Contractor shall promptly notify the Contracting Officer about any subcontract arrangement related to this contract. Any subcontractor not identified in the contractor's BPA Call response is subject to the approval of the Contracting Officer. Any subcontractor shall have the relevant experience and appropriate equipment for such work. The written notification shall include as a minimum:

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

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

D. Documentation of the subcontractor's representative authority.

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

Tasks/Critical Subtasks and Standards

Contractor agrees to supply, utilize, and care for all livestock to graze for the purpose of reducing either hazardous fuels vegetation or non-native invasive/noxious weeds in such areas.

The result of fuels treatment is to reduce fine and smaller fuels less than or equal to ½ inch diameter by

75% across the treatment area.

The result of weed treatment is to reduce or eliminate invasive/noxious weeds from the treatment area.

In general, the plan of operation shall be to confine the livestock within parcels, whose size will be specified in the BPA Call, using portable electric fencing, or other methods approved by the COR, until the agreed upon level of grazing in the parcel is completed, and then move the grazing stock to the next parcel or parcels.

Contractor shall periodically inspect the area being grazed and notify COR when grazing is completed on that parcel.

Contractor shall take care to avoid soil erosion problems caused by temporarily overstocking, such as exposing bare soil excessively in grassland areas and causing excessive powdering of soil. Contractor shall also take care to avoid soil compaction in wetter areas caused by temporarily overstocking.

Livestock shall be completely fenced in, except when being herded between locations, and always attended by a herder. Contractor shall keep roads and trails open and accessible for public use whenever possible but may, upon notification to COR close them temporarily for reasons of security or difficulty of fencing, or while herding livestock between locations.

Livestock protection measures, such as livestock protection animals (i.e. donkeys, dogs, etc.) in addition to securing them by fencing, may be employed during the duration of the BPA Call and they must receive proper and humane care.

Acceptable Quality Level for Tasks and Critical Subtasks

The acceptable quality levels (AQL) applicable to the contract is 90% compliance. Individual BPA Calls may deviate from these standards however any revised standards will be clearly stated in the BPA Call.

(a) These percentages are as verified by government quality assurance methods.

(b) For quality below the acceptable level the government may choose to accept the work at a reduced rate; however, work quality less than 80% is not acceptable and no payment will be made.

Performance Work Standards

Tasks Quality

Standard

Acceptable

Quality Level

Means of

Measurement

Deductions

And Incentives

Livestock Grazing for

Hazardous Fuels

Reduction

95% of grazing of fuels in fuel-break meets standards found in the

Tasks/Critical

Subtasks and

Standards section.

90% of. Grazing of fuels in fuel-break meets standards found in the

Tasks/Critical

Subtasks and

Standards section.

Contractor inspection records and random verification by the

Government.

Deductions – For quality below

90%, re-work at no cost to

Government below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below

90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent.

No payment will be made if results are less than 80 percent. A Poor performance rating will be recorded for scores under 90 percent.

Incentives for 90 percent or greater– Good performance rating.

Livestock Grazing for

Invasive/Noxious Weed

Reduction

(Transect sampling method)

4” average residual stubble height measured on

10 transects located throughout the treatment area, no new areas of bare ground.

At least 20 of 25 points on each

100-pace transect have herbaceous stubble height between 3” – 6”;

no more than five grazed points at 2” or shorter.

Contractor inspection records and random verification by the

Government.

Deductions -- If there are more than 2 unacceptable transects, 2% reduction in payment per additional transect that shows more than five grazed points 2” or shorter, up to five transects. 10% reduction in payment, per transect, for unacceptable transects in excess of five. Poor performance rating.

Inspection of Services

Sampling will be spelled out in the, here are examples of the type of sampling that may occur within the

BPA Call.

[ ] 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:

[ ] 1/250 acre

[ ] 1/100 acre

[ ] 1/50 acre

[ ] 1/10 acre

[ ] other (specify)

[ ] Transects.

[ ] The Contractor will work with the Forest invasive species program contact to develop sampling and monitoring methods and requirements. Each BPA Call will provide the sampling to measure the treatments on the forest. These follow the FS reporting requirements.

[ ] Other (specify)

Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

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

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Specific Inspection Procedures

If Plots are the sampling method of choice:

Sample plots will be located systematically throughout each unit, to obtain a representative sample of the work. Plot centers will be marked at each plot with brightly colored flagging and examined. Plot radius is equal to 16.7 feet. Each plot will be broken into four sections or quadrants that align with cardinal directions.

In each quadrant browse percentage will be estimated, added together and averaged for the plot with a target of 75 percent. The same process will repeat on each plot for a given unit. The plot averages will then be added together and averaged. The average for the whole plot will determine plot acceptance. A range of 65 to 85 percent will be considered acceptable. 75 percent would equal 100, + or – 10 percent would reduce the score by 10 percentage points to 90 percent. Any further deviation from the range, e.g.

+ or – 11 percent, would end in an unsatisfactory score. A reduction in payment would occur for under 90 percent as shown in the QAP table below.

If transects are the sampling method of choice:

Sample transects will be located throughout each unit, to obtain a representative sample of the work. Each acre will be inspected separately. Determinations of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided in the contract.

Transect centers will be marked at each plot with a colored flagging and examined. The following criteria are inclusive of all items up for award; only applicable criteria for each item will be measured, but all is shown to inform contractor.

Acceptance

Work on this contract will be deemed acceptable when the governments’ inspection plots/transects equal a quality equal to or higher than that specified for that task, as shown in the Quality Assurance Plan

(QAP). Each item and each task must meet or exceed its Acceptable Quality Level for full payment on the item. If one or more tasks are below their Acceptable Quality Level, payment will be made at the lowest rate (rate most favorable to the Government).

Government Inspections

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. 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.

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.

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.

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.

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.

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.

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

Reinspection after Rework. 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.

Means and Methods of Quality Measurement

Contractor Quality Control

A Quality Control Plan will be required for each BPA Call and must be acceptable to the government prior to commencement of work. The Contractor shall provide documentation of Quality Control Inspections in full accordance with the plan. The Contractor is responsible for his/her crew(s) knowing the requirements of the contract, including, but not limited to, proper thinning methods, spacing requirements, and unit locations. The Contractor is responsible for the proper operation of his crews.

General Inspection: In addition to the requirements in FAR 52.212-4 the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is to monitor quality while work is being performed, there-by allowing the Contractor to identify and correct any quality deficiencies in their work while the work is in progress.

The Contractor shall inspect their work on an ongoing basis and make available to the

Government the results of the inspections. The Contractor shall mark any inspection plots on the ground with flagging for government verification. Inspections shall be conducted and maintained by the individual work unit. Inspection quality results shall be calculated daily and at least a weekly inspection summary shall be provided to the COR. Prior to requesting an acceptance inspection or payment request, the Contractor shall make available to the Government all inspection records of the work performed.

Inspection Records: Contractor Quality Control shall include documentation of inspection results in an acceptable format as identified in their quality control plan. The documentation provided must be legible and reflective of all work performed. Contractor inspection methods or procedures indicating quality exceeding 100% are not acceptable.

Failure of the Contractor to maintain inspection results for verification with Government check inspections may be considered grounds for termination of Contractor's right to proceed with contract work for cause.

Inspection and Acceptance

Government inspections will be made periodically as work progresses, or as work is completed, to determine acceptability of method and manner of performance, the product of operations, and to make measurements for payment.

Government Quality Assurance Verification

1. All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during 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.

2. The Government may review Contractor generated inspection records and/or conduct government verification inspections to determine compliance with performance standards.

The Government will inspect completed units 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 requirements of contract specifications. Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive. Verification inspection of a Unit may or may not be performed immediately following the work. The Contractor or a designated representative is encouraged, but not required to observe inspections while they are underway.

3. Government verification may consist of visual observation of operations or establishment of inspection plots.

4. Inspection plots will be randomly located throughout the planting areas to obtain a representative sample of the work. Each individual unit will be inspected separately and inspection results on one unit will not be averaged with inspection results on other units, unless notified otherwise on the BPA Call. Examination of quality will typically be performed using 1/5Oth acre circular plots at a density of one plot per 2 acres (deviation from this procedure will be identified by the BPA Call).

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

Example: Number of plots inspected -- 25 Number of satisfactory plots -- 23 23 divided by 25 =0.92 multiplied by 100 =92% Work Quality Percentage equals 92%

6. Determination of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided in the contract. If the Government's verification inspection results differ by more than 5% from the Contractor's inspection results, the Government's inspection results will be used to establish the quality of the work determine the basis for payment. When Government verification inspection confirms the Contractor’s, inspection results (within 5%), payment will be based on the Contractor's inspection percentage.

Government Quality Assurance Plan

The Government will visually inspect the Contractor’s performance at random intervals, and in response to any receipt of a complaint, based on the Performance Standards and Guidelines criteria under this contract. The COR and/or designated Inspectors will record inspection observations and deficiencies will be documented for review during a Partnering Meeting or at some other time as is agreeable to both parties. Other communication may occur between the

Government and the Contractor as benefits both parties, via communication, by email or by direct communication with follow-up written documentation.

Rework of a Unit

If the Government's inspection identifies contract work not meeting contract specifications, the Contractor may be given the opportunity to rework the entire unit. The Government will re-inspect the unit upon completion of the rework. Different random plots will be chosen by the Government. Failure to pass after two inspections at the AQL the contractor may be paid for work meeting 80 percent or above at the reduced rate. Work below 80% will not be paid.

Government Re-inspection upon Contractors Request

If the Contractor disagrees with the Government's initial inspection results, a re-inspection may be requested. Requests for re-inspection must be made in writing within 5 days after receipt of initial inspection results. The Government will use the same inspection procedures however new plots will be selected.

If the results of the re-inspection, rounded to the nearest whole percentage, are within 5 percentage points of the initial inspection, the initial inspection results will be used to determine payment and acceptability. The Contractor shall bear the actual costs of the Government re-inspection.

If re-inspection indicates an increase of more than 5 percentage points from the initial inspection, the results of the second inspection, rounded to the nearest whole percentage, will be used to determine payment and acceptability. The Government will bear the costs of the reinspection.

Acceptance

Work on individual units may be accepted following the final inspection by the C0R. Work with a quality of equal to or greater than the AOL will be accepted at full payment, less deductions for other items as identified in the contract or task

See Payment Basis for information about reductions and deductions for less than Acceptable Quality

Levels.

Quality less than 80% than is not acceptable. If quality is not corrected within two consecutive business days, after receiving written notice of the deficiency, the Contractor may be considered in breach of contract and may be terminated for cause.

Penalties and Incentives

Penalties for Un-acceptable Work by the Contractor - (1) Where possible, the Contractor shall re work at no cost to the Government all work performed which does not meet the minimum acceptable quality level. (2) Contractor shall bear the cost of extra inspections by the Government if the Government must perform extra monitoring of the Contractors work. (Re-inspections of areas re worked). (3) Government may accept the Contractors work, but at a reduced payment rate.(4) The Government may exercise its right to terminate for cause.(5) The contractor may receive a poor performance rating.

Incentives for Acceptable Work by the Contractor - The Contractor shall receive a positive performance rating and receive recommendations for award of similar work in the future.

Payment Basis

Payment will be made for completed units of work at the contract unit price where quality meets or exceeds the AQL less any authorized deductions. The acreage for the purpose of payment is measured on the horizontal plane. Roads do not require treatment and have not been included in the estimated acres.

Tasks potential reductions:

a) Units with an inspection quality between 90 percent and 100 percent will receive full payment.

b) Units with an inspection quality between 85 percent and 89 percent may be accepted and paid however the price will be calculated by multiplying the actual inspection quality percentage times the unit price. The Contractor may consider rework and inspection if full payment is desired.

c) Units with an inspection quality less than 85 percent are not acceptable. The Contractor will be required to rework any stand where the quality level is below 85% in order to receive payment. No payment will be made unless the Contracting Officer makes a final determination that some payment is warranted.

d) Payment may be withheld pending return of unused Government Furnished Property in satisfactory condition and clean-up of trash and waste material on the work sites.

Remeasurement:

The Contractor may, at any time during the task, request remeasurement of any unit they feel that the acreage stated in the contract is incorrect. If remeasurement indicates that a variance of 5% or less exists, the Contractor shall pay for the actual cost of the remeasurement. Under this condition, payment for the unit shall be made on the acreage stated in the task. If remeasurement indicates the actual variance is greater than 5%, payment for the unit shall be based on the remeasured acreage.