Sol_1240LS21R0003 - Solicitation.pdf

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2021 Slater Fire 18N11 Hazard Tree Removal Six Rivers National Forest
Solicitation number
1240LS21R0003
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This is a combined synopsis/solicitation for a commercial items contract issued by the Department of Agriculture Forest Service. The solicitation seeks hazard tree removal services along 3.78 miles of Forest Road 18N11 in Del Norte County, California to eliminate identified hazard trees within 150 feet of the road corridor by both mechanical and hand felling methods. Offerors must bid on all line items, which include fallers, piling/covering, feller-buncher operation, skidding, processing, loading, mobilization, grading/rolling, and a water tender. The period of performance is from June 15, 2021 to November 15, 2021. The response due date is February 24, 2021 by 4:30pm Pacific Time and proposals must be submitted electronically. The solicitation will result in a fixed price contract and is 100% set aside for local area businesses.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

9AC7

REDDING CA 96002

3644 AVTECH PARKWAY SUITE 180

R5 NO-CAL ACQ SERVICE AREA NCASA

USDA FOREST SERVICE

9A48 CODE 16. ADMINISTERED BYCODE

X

X

113310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR9AC7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/24/2021 1630 PS

02/09/2021

707-562-9205TIFFANY HURT

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LS21R0003

5. SOLICITATION NUMBER

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

1 27 1022679OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CASQUET CA 95543

PO BOX 228

SIX RIVER NATIONAL FOREST

USDA FS

15. DELIVER TO

REDDING CA 96002

3644 AVTECH PARKWAY SUITE 180

R5 NO-CAL ACQ SERVICE AREA NCASA

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2021 Slater Fire 18N11 Hazard Tree Abatement Project Delivery: 06/15/2021 Period of Performance: 06/15/2021 to 11/15/2021

0001 Hand Fallers (4 Fallers @ a rate of 2 acres/day 24 DA total)

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TIFFANY P. HURT

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

9 Feb 2021

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 Piling and covering of tops and limbs 48 AC

0003 Feller-buncher w/ Operator (rate of 2 acres/day) 40 DA

0004 Rubber-tired Skidder w/ Operator (2 Skidders @ a 40 DA rate of 2 acres/day total)

0005 Processor w/ Operator (rate of 2 acres/day) 40 DA

0006 Loader w/ Operator (rate of 2 acres/day) 40 DA

0007 Mobilization of Equipment (move-in/out)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

27 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1240LS21R0003

0008 Water Tender

0009 Grading and Rolling (w/ Transport) 5.7 DH

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and procedures of FAR Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02 effective 23 November 2020.

This combined synopsis/solicitation is issued as a Request for Proposal (RFP) with solicitation number 1240-LS-21-R-0003. This acquisition is 100% set-aside for local area businesses.

The North American Industry Classification System (NAICS) code for this solicitation is 113310 Logging. Small Business Size Standard is 500.

The Six Rivers National Forest, Gasquet Ranger District, Smith NRA, Del Norte County has a requirement for to secure services to eliminate hazard trees along Road 18N11 as specified in the signed Slater Fire Repair Plan. The 18N11 is an alternate ingress/egress route to 18N07 (Knopki Creek Rd) and which provides access to high value recreation sites. A total of 3.78 miles of road and approximately 128 acres (80 acres mechanical felling; 48 acres – hand felling) will be treated under this contract.

The date and time for receipt of offers is NLT 24 Feb 2021. 04:30 PM (Pacific Standard Time).

Email proposals to tiffany.hurt@usda.gov.

Questions or Request for Information (RFI) concerning this solicitation must be submitted by email to T. “Paige” Hurt (tiffany.hurt@usda.gov) no later than 17 Feb 2020 by 03:00 PM (PST).

Refer to Section L and M for complete proposal submission instructions and proposal evaluation.

Contractors must be registered in the SAM database in order to receive a contract award from any USDA Forest Service activity. Prospective offerors must be registered in SAM prior to award. Lack of registration in the SAM will render an offeror ineligible for award. SAM information at www.sam.gov. Offerors may complete Representations and Certifications online via SAM at www.sam.gov. Ensure DUNS and CAGE Code numbers are provided with the proposal. DUNS at www.dnb.com. Offerors shall have and shall maintain an active registration in the SAM database to be eligible for a Government contract award. If at the time of award an Offeror is not actively and successfully registered in the SAM database, the Government reserves the right to award to the next prospective offeror.

Interested parties are hereby notified that the solicitation is available exclusively on the Contract Opportunities website. https://beta.sam.gov.

The solicitation, attachments, and amendments (if any) will be published for viewing, printing, and downloading from the Contract Opportunities website only. It is the potential offeror's responsibility to monitor Contract Opportunities for the release of amendments, changes, or other information pertaining to the solicitation. No hardcopy/paper versions of the solicitation or amendments will be distributed.

mailto:tiffany.hurt@usda.gov https://beta.sam.gov/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

2020 Slater Fire 18N11 Hazard Tree Abatement Six Rivers National Forest

The bidder must bid on all items in the following Schedule of Items

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

1 Hand Fallers (4 Fallers @ a rate of 2 acres/day total) Day 24

2 Piling and covering of tops and limbs Acre 48

3 Feller-buncher w/ Operator (rate of 2 acres/day) Day 40

4 Rubber-tired Skidder w/ Operator (2 Skidders @ a rate of 2 acres/day total) Day 40

5 Processor w/ Operator (rate of 2 acres/day) Day 40

6 Loader w/ Operator (rate of 2 acres/day) Day 40

7 Mobilization of Equipment (move-in/out) Job Job

8 Grading and Rolling (w/ Transport) Mile 5.7

9 Water Tender Job Job

SITE VISIT (FAR 52.237-1) (APR 1984)

Offerors are expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

DATE: Available upon request. Contact T. Paige Hurt/Contracting Officer tiffany.hurt@usda.gov to coordinate LOCATION: Intersection Knopki Creek Road HWY 199 Site Visit POC is David Hammons/David.hammons@usda.gov / 707-951-8106

Contractors can also visit site on their own. Please contact POC prior to visiting site.

PART 1 – THE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

2021 Slater Fire 18N11 Hazard Tree Removal Six Rivers National Forest

C.1 DESCRIPTION OF AGREEMENT

The intent of this contract is to eliminate hazard trees along the Six Rivers National Forest Road 18N11 as specified in the signed Slater Fire Repair Plan (attached). The 18N11 is an alternate ingress/egress route to 18N07 (Knopki Creek Rd) and which provides access to high value recreation sites. A total of 3.78 miles of road and approximately 128 acres (80 acres mechanical felling; 48 acres – hand felling) will be treated under this contract.

Hazard trees have been identified using the “Hazard Tree Guidelines for Forest Service Facilities and Roads in the Pacific Southwest Region” Report# RO-12-01, in addition to the following addendums: “Defining the Hazard Tree Failure Zone (2020) Addendum to “Hazard Tree Guidelines For Forest Service Facilities and Roads in the Pacific Southwest Region (“Hazard Tree Guidelines”)”, and “Streamlined Approach to Hazard Tree Abatement After Catastrophic Events (2020) Addendum to “Hazard Tree Guidelines For Forest Service Facilities and Roads in the Pacific Southwest Region (“Hazard Tree Guidelines”)”. In addition, all activities under this contract will be in accordance to the Six Rivers National Forest Land and Resource Management Plan (SRF Forest Plan).

SRF Forest Plan online:

https://www.fs.usda.gov/detailfull/srnf/landmanagement/?cid=stelprdb5084033&width=full

Hazard tree removal treatment will include felling of any identified hazard trees (defined here as being 100% dead with no green needles) 12” diameter at breast height (dbh) or greater located within the specified hazard tree treatment zone; which, shall be no greater than 150 feet (1.5 times total tree height on slopes uphill from the road and 1.0 times total tree height on slopes downhill from the road) on either side of the road corridor. Trees shall be felled mechanically, using a feller buncher, or by hand using fallers. Felled trees shall be skidded, processed and decked or limbed, tops removed, and left whole on the ground according to the Hazard Tree Removal Specifications below. Created slash including, cull material, tops, and branches will be machine piled at the landings or handpiled in the stands and covered to burn later. During feller bunching activities, process and deck, any trees less than 12” dbh that are removed to gain access to trees meeting size class requirements in this contract.

In accordance to the 1995 SRF Forest Plan (BMP 1-8, Chapter IV, pg. 71), feller buncher operations shall only occur on slopes 35 percent or less to minimize soil disturbance and subsequent erosion; this includes machine felling any hazard tree within a reachable distance from the road. Hand felled trees shall be felled in a direction that best alleviates fuel loading or which allows for optimal removal with equipment, if applicable. Activity created fuels (limbs https://www.fs.usda.gov/detailfull/srnf/landmanagement/?cid=stelprdb5084033&width=full and tops) left behind from falling operations shall be piled and covered for future burning operations. Under certain circumstances and as advised by the Forest Service (FS) Resource Advisor, hazard trees may be left standing if it is determined that falling would lead to an excessive buildup of un-removeable hazardous fuels (e.g., jack-strawing of material).

Hazard Tree Removal Specifications

Hazard Tree Treatment Zone shall be no greater than 150 feet on either side of the road corridor. Treatment zone width may be reduced from 150 feet in designated areas depending on treatment location on the landscape (i.e., downhill slope), critical habitat retention needs, or the need to limit negative impact on important cultural and natural resources (i.e., sensitive plants, vulnerable soils)

Fall any hazard trees 12” dbh or greater Hazard trees 12”-22” shall be removed with feller-buncher, skidded, processed and decked Trees will be cut (bucked) into Preferred Log Lengths of 16’6”, 33’, and 41’ prior to decking.

o Minimum and Maximum Log Lengths:

10’6” to a 20’6” (16’6” preferred length, + or – 2’ increments 21’ to 41’ (33’ preferred length, + or – 2’ increments

Hazard trees 22” or greater shall be felled by hand, limbed, tops removed and left whole Hazard trees 30” and greater should be left whole on the ground with limbs and tops removed (preferred) or, in areas where a high concentration of this size class exists, a certain proportion may be felled and decked (following slope specifications and depedent on equipment capability), as specified by the FS Resource Advisor. Under this instance, the FS will flag leave trees ahead of time.

Trees left on the ground should be kept at the longest length possible Skidding shall only occur on established Forest System Roads and designated skid trails only in areas where slopes are 35 percent or less. Skid trails used during harvesting operations shall be spaced an average of 95-120 apart and compacted soils kept to no more than 15 percent of the area harvested.

Decking of felled trees shall occur in already established turnouts or along the roadside as specified by the FS Resource Advisor. Decking areas shall provide safe access to future handling.

Decked logs shall be decked no greater than 6 feet in height if decked as fuelwood and no greater than 15 feet if decked and sold as commercial timber

Tag all commercial decks as such (if applicable) The feller buncher operation will create slash machine piles in the landings. This will include cull material, tops, and any branches that make it to the landing after felling and skidding. These piles will be covered (provided) by the Contractor at 75% with black 6ml plastic.

In stands where hand felling is required, cull material, tops, and branches will be handpiled in the stands and covered (provided) by the Contractor at 75% with black 6ml plastic. Piles are generally not to be greater than 4ft high x 4 ft wide x 6 ft long.

Piles are not to be placed next to or on top of residual green trees, standing dead trees, near or on down logs, or in creeks, roadways or ditches.

Following hazard tree removal activities, all 18N11 road surfaces shall be graded and roller compacted to return the road to pre-project conditions and all designated skid trails waterbarred and covered with slash, if material is available and advised by the FS Resource Advisor. Grading activties shall included the use of a water tender to keep soil moisture levels optimal. Grading shall not occur after the road surface becomes saturated.

General Natural Resource Protection Guidance:

All heavy equipment and vehicles shall be washed in prior to entering the project area and after finishing work to prevent the spread of invasive plants and Port Orford cedar root disease. All equipment shall be free of soil, plant parts (including roots) and seed. Project COR or designated individual has the right to inspect equipment on-site and may require further cleaning before moving equipment on to the Forest

Limited Operating Periods (LOPs) for equipment use maybe be further advised around critical wildlife habitat and activity centers, unless surveys confirm that LOPs are not necessary.

Equipment use and skidding is prohibited within designated sensitive natural resource protection areas. Trees shall be directionally felled away from any designated sensitive natural resource area. Natural resource protection areas will be pre-identified and flagged prior to project initiation.

Should ground conditions warrant a change in the way proposed activities are implemented, additional consultation with the Six Rivers Heritage Program Manager will be required before proceeding. If newly discovered sites, archaeological features, or human remains are inadvertently discovered during project implementation, work in the immediate area will cease, and the Six Rivers Forest Heritage Program Manager will be contacted immediately to determine a course of action consistent with protocols set forth within the Regional Programmatic Agreement. Should inadvertent effects to or unanticipated discoveries of human remains be made on Region 5 lands, the County Coroner [California Health and Safety Code 7050.5(b)] shall be notified immediately.

If the remains are determined to be Native American or if Native American (Indian) cultural items pursuant to NAGPRA are uncovered, the provisions of NAGPRA and its regulations at 43 CFR 10 and ARPA at 43 CFR 7 shall be followed on federal lands [Stipulation 7.9 (a)].

For water tender use during grading operations, all drafting activties shall include the use of a fish screen. All drafted water shall be treated with Clorox bleach at a rate of 1 gallon Clorox (6% sodium hypochlorite)/1,000 gallons water.

Following all project related actions, the Contractor shall remove all litter, signs, project-related flagging (hung by Contractor).

Wet Weather Operation Heavy equipment shall adhere to seasonal equipment operating restrictions set forth by the 1995 SRF Forest Plan (Chapter IV) and as specified in the Six Rivers National Forest Wet Weather/Winter Operation Standards (Revised 12/26/2006; attached).

The Contractor is authorized to use existing National Forest roads in compliance with the SRF Motor Vehicle Use Map – Gasquet North map (available download:

https://www.fs.usda.gov/detailfull/srnf/maps-pubs/?cid=STELPRDB5080418&width=full or https://www.avenzamaps.com/maps/853130 ) only when such use will not cause damage to the roads or National Forest resources.

The wet weather/winter season normally begins around November 1st and ends around May 1st. The Forest Service will monitor ground conditions and make a determination when the wet weather/winter season has started and has ended.

Wet Weather/Winter Operation Standards must be reviewed by the Forest Service and the Contractor prior to commencing operations, and again before subsequent operational periods.

Project operation will be continually monitored by the Contractor and the Forest Service.

Conditions may change as operations progress during the wet season. If detrimental effects to the transportation system, water quality, or soil resources are encountered by either party, immediate notification by either the Contractor or Forest Service shall occur.

The Contractor and Forest Service will work together to develop actions necessary to alleviate these effects. All actions will be approved by the Forest Service.

During the wet season, the Contractor may be required to perform additional routine maintenance as required for the safe and efficient use of the road, e.g., slide removal, culvert and ditch cleaning, and rock blading. Maintenance requirements will be determined by the Forest Service.

Operations will be suspended if monitoring by the Forest Service reveals that unacceptable soil compaction or soil displacement is occurring.

If more than 10 percent of the road length is rutted 2 inches in depth or greater, the Forest Service may direct that the road be closed.

Ground-based Logging Systems – “Normal” unrestricted operations may occur when the soil is dry throughout the entire top 10 inches of the profile. Restricted operations, as defined below, may occur when the top 4 inches of soil is dry throughout, but the soil is moist or wet below. No operations shall occur during measurable precipitation events or when any of the top 4 inches of soil is moist or wet. To determine if soil is dry a field moisture test will be conducted by taking a sample and squeezing the soil. If the soil sample (minus rock and organic matter) cannot be molded into a ball it is considered to be “dry”.

Restricted Operations (When top 4 inches is “dry” but soil below is moist/wet): Feller-bunchers may retrieve material by limiting access to 1 or 2 passes over the same piece of ground. Skidding equipment shall be limited to designated skid trails spaced an average of 95-120 apart.

Materials and Supplies:

The Contractor is responsible for all equipment, materials, supplies, transportation, personnel necessary to meet the intent of this Contract.

Licensing and Certification:

The Contractor, designated operators, and Fallers conducting Hazard Tree Falling treatments must possess all licenses and certificates as required.

https://www.fs.usda.gov/detailfull/srnf/maps-pubs/?cid=STELPRDB5080418&width=full https://www.fs.usda.gov/detailfull/srnf/maps-pubs/?cid=STELPRDB5080418&width=full https://www.avenzamaps.com/maps/853130

C.2 PROJECT LOCATION AND ACCESS

The project area is located along Forest Road 18N11 in Del Norte Co in northwestern, California on the Smith River National Recreation Area, Six Rivers National Forest (see Project Map).

C.3 CONTRACT TIME

Performance period for this contract will be begin 06/15/2021 and end 11/15/2021, awarded in March 2021.

C.4 QUALITY ASSURANCE SURVEILLANCE PLAN/INSPECTION REQUIREMENTS

Hazard tree removal treatment monitoring will be completed onsite by the FS point of contact (i.e. Inspector) as the contract work is being conducted. The Inspector will serve as the Six Rivers National Forest Resource Advisor and will work alongside the contractor as work is being completed. Successful service will be based on 100% removal of hazard trees according to the specifications listed in Section C.1 above. Retreatment of areas may be required if the FS Inspector determines less than 100% of the area designated for treatment does not fall within the removal specifications.

C.5 INVOICING

Invoicing is tied to successful inspection of all completed work. The Contractor may only invoice after the COR has inspected the line item(s) listed in this contract and the work is determined to have met the Quality Assurance Surveillance Plan requirements. This applies to both interim and final IPPs.

C.6 GOVERNMENT POINT OF CONTACT INFORMATION

Contact David Hammons, District Forester, on the Six Rivers National Forest, Smith River NRA at 707-951-8106 or email David.Hammons@usda.gov

SECTION E. INSPECTIONS AND ACCEPTANCE

E.1 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 mailto:David.Hammons@usda.gov 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 re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection 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 re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

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

Re-inspection 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. Re-inspection 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 re-inspected, and the results of the first inspection will be final.

Inspection of Services--Fixed-Price

(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.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

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

(e) If any of the services do not conform 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 reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

Informal Visits The Contracting Officer and/or appointed representative may visit the work units to observe the Contractor's work in progress.

Contractor's Formal Inspections The Contractor shall establish an inspection system acceptable to the Government. The Contractor’s inspection system must be submitted and accepted by the Contracting Officer prior to issuance of the Notice to Proceed. The primary purpose of the Contractor's inspection is for assurance of quality control. The Government may, however, accept the Contractor's inspection for unit acceptance either wholly or in part.

Failure to Comply with the Specifications

Failure to comply with the specifications will require rework of the area at Contractor’s expense.

If the quality of future work is not improved to meet specifications within two consecutive workdays after Contractor's receipt of notice, the Contractor's right to proceed may be terminated. Failure of the Contractor to correct unsatisfactory conditions or continued failure to follow contract specifications will be considered non-compliance with terms of the contract and may be grounds for contract termination.

Unit Acceptance

The Contracting Officer may accept units based on the results of the Contractor’s inspection, providing Government’s observations agree with Contractor’s inspection results. However, the Government may perform supplementary or complete inspections. Government inspections will conform to the same criteria as those specified for Contractor’s inspection. If Government inspections are performed, the Government inspections will take precedence and will be used for acceptance or non-acceptance of the work. Each payment unit will be inspected separately, and inspection results will not be averaged with those of other payment units.

Section F

F.1 Notice to Proceed and Contract Time

The Government will issue a Notice to Proceed after the pre-work meeting and discussions are clarified concerning the scheduling.

It is the Contractor’s responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's representative may be reached by phone during periods of work suspension. If the Contractor cannot be reached at the phone number provided, or if the Contractor fails to leave a number, a written Resume Work Order will be mailed, and contract time will resume on the date specified on the Resume Work Order.

When work in a unit is suspended or stopped, it shall be the Contractor's responsibility in locating the starting point when work resumes, and to permit the inspectors to determine the area completed.

F.2 Schedules

The Contractor shall provide, to the Contracting Officer for approval, a practicable work schedule before or by the pre work conference. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of payments until the Contractor submits the required schedule.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, and days of work. The Contractor is required to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

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.

Notice to Proceed.

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

Contract Release. 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 Contract Release FS-6300-0016 must be uploaded with request/invoice for final payment in IPP, before final payment will be approved/completed.

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).

G.3-1 Invoice Processing Platform (IPP)

All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. An accounting (bulleted list, for example) of charges claimed and amounts due.

4. Total amount due for the billing period.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. Description of the previous month’s project activities and the planned activities for the next month.

2. For each deliverable: identify the items supplied during the month and the cumulative items delivered.

3. Reconcile progress of each deliverable with the schedule identified for each.

4. Identify issues and/or concerns that may affect the project or schedule.

5. Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.4 CONTRACTING OFFICER’S REPRESENTATIVE

Name: David Hammons

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 Emergencies

Fire Plan. See attached Fire Plan.

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

H.2 Safety

The Contractor shall furnish and have approved by the Contracting Officer in writing prior to the beginning of work, a safety plan that specifically states what provisions the Contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards.

The contractor shall comply with all Federal, State, County and local safety laws policies, regulations, standards and requirements.

H.3 Public Safety

Contractor is responsible for warning the public of dangerous operations occurring at the job site, especially along roads and trails. Methods used may include but are not limited to posting warning signs and using lookouts to warn the public of tree falling activities.

H.4 Personal Protective Equipment

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

H.5 Superintendence by Contractor

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.6 Archaeological and Historic Sites

Location of known archaeological, historic, or prehistoric materials – such as Native American sites or artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (16 USC 433)--will be identified for the contractor before work commences.

H.7 Final cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

H.8 Public officials not personally liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

H.9 Designation of Contracting Officer’s Representative

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

H.10 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:

1. The name, address and telephone number of the subcontractor;

2. The date upon which the subcontract was entered into and its duration;

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate;

4. 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.11 Certification of Compliance

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

H.12 Camping Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not 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. Any noncompliance will result in suspension of work until compliance is achieved.

Section I – Contract Clauses

FAR 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):

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

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 these addresses:

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

FAR 52.202-1 Definitions. (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) FAR 52.204-7 System for Award Management. (OCT 2018) FAR 52.204-13 System for Award Management Maintenance. (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-17 Ownership or Control of Offeror (JUL 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) FAR 52.204-20 Predecessor of Offeror (AUG 2020) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

(NOV 2015)

FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (DEC 2019) FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.219-1 Small Business Program Representations (OCT 2014) FAR 52.223-1 Biobased Product Certification (May 2012) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation (DEC 2016) FAR 52.232-1 Payments (APR 1984) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-23 Assignment of Claims. (MAY 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.233-1 Disputes. (MAY 2014) FAR 52.233-2 Service of Protest (SEP 2006) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.243-1 Changes—Fixed Price (APR 1984) FAR 52.244-6 Subcontracts for Commercial Items. (NOV 2020) FAR 52.246-25 Limitation of Liability - Services. (FEB 1997) FAR 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the…

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