USFS-possible new preferential treatment for horse loggers

[Scott G]

I was just checking out an RFP I received from the USFS for hazardous tree removal on the MedBow/Routt NF close to where I live. This is a result of the near 100% mortality we have experienced in lodgepole pine due to mountain pine beetle. Parts of the RFP are task orders for campgrounds, picnic areas, trail heads, etc. These require ultra low-impact harvesting due to high esthetic concerns, and I am seriously considering bidding on a couple. I’ve done work for the feds when I had my machine show and if you’re not scared of the initial paperwork they can be OK to work for. Can be long term, steady, pay-on-time work if they like you. Anyway… I just noticed this clause that is new, preferential consideration for using bio-based products. Although intended for things such as bio-diesel, biodegradable bar oil, etc., if you read it literally, and when it comes to fed contracting they are all about literal, it would give horse logging preferential consideration in the right circumstances when used with their new “best value” criteria rather than just going with the low bid. This is a preferential clause that would apply to all regions in the Country. Something to mull over……….

2. USE OF BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products. The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer (CO).
The following is an example list of products that may be used in this contract. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

· 2-Cycle Engine Oils
· Hydraulic Fluids
· Greases – Multipurpose
· Engine Crankcase Oil
· Transmission Fluids
· Power Steering Fluids

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at http://www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products. The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.
The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. Within thirty (30) days of contract award, the Contractor shall submit a Proposed Progress Schedule. This submittal shall be approved by the CO in writing. The Contractor shall not commence work until this submittal is approved by the CO in writing. The Plan must be reviewed and updated annually, and as required by the CO. The Plan must contain and define the following elements:
· The Contractor’s written policy stating its commitment to the use of biobased products and sound environmental management practices.

· Describe how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased products which must be selected in accordance with the criteria included above.

· At a minimum, the Plan must identify products by brand name for each of the product types.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the Contracting Officer’s Representative (COR) quarterly. A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

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