1. Draft Seral G-Z IRSC Solicitation.pdf

Seral G-Z Stewardship IRSC Stanislaus National Forest

Page 2 of 98 Summit Ranger District

Revised 10.13.2022

GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section 50 for instructions on preparing your proposal and pricing. Submit technical proposals and price proposals separately, via email, to the individual(s) shown in box 28 of page 1.

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

SCHEDULE OF ITEMS

MANDATORY WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

1 Common Stand Exam (CSE) Surveys Plot 1,750 $ $

2 Landline Re-Posting/Marking Mile 18.73 $ $

3 Landline Survey & Posting/Marking Mile 5.89 $ $

4 Botany Survey and Flagging

(a) Field Survey Analysis/Plan, and

Survey Acre 11,412 $ $

(b) Flag & GPS Feet 1,084,140* $ $

5 Flag Known Cultural Sites Acre 1,050 $ $

6 Road Reconstruction Survey & Plan

(a) Treatment Area 1

(Sourgrass/Dry Meadow) Mile 43.6 $ $

(b) Treatment Area 2

(Bull Creek/Beardsley/Pedro Flat) Mile 32.9 $ $

(c) Treatment Area 3

(Campoodle/Smoothwire) Mile 29.1 $ $

7 Harvest Unit Layout, Boundary Marking, and Cruising

Acre 2,092 $ $

Acre 3,262 $ $

Acre 2,818 $ $

8 Hand Thin/Hand Pile

Acre 196 $ $

(b) Treatment Area 2 Acre 322 $ $ https://sam.gov/

Page 3 of 98 Summit Ranger District

Acre 105 $ $

(d) Treatment within Cultural Sites

(All Areas) Acre 112 $ $

9 Fuelbreak Mastication/Machine Pile

Acre 636 $ $

Acre 833 $ $

Acre 577 $ $

10 Mastication

Acre 958 $ $

Acre 592 $ $

Acre 289 $ $

Total All Mandatory Service Items $

OPTIONAL WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

Treatment Area 1 (Sourgrass/Dry Meadow)

11 Road Reconstruction

(a) Mobilization Lump Sum

2* $

(b) Construction survey and staking, method I, tolerance B

Lump

(c) Clearing and grubbing, disposal method: limbs g, logs l, stumps f Mile 30.0* $

(d) Removal of culverts, disposal method a, compaction method 5 Each 1* $

(e) Roadway excavation and embankment, compaction placement method 2, tolerance class B

Cubic Yard

375* $

(f) Embankment construction, compaction placement method 2, tolerance class A

Cubic

Page 4 of 98 Summit Ranger District

(g) Drainage excavation, type Armored Dip, compaction placement method 2, tolerance class A

Each 2* $

(h) Drainage excavation, type Roadside Ditch, compaction placement method 2, tolerance class A

Foot 1,385* $

(i) Drainage excavation, type Rocked Swale, compaction placement

(j) Drainage excavation, type Swale, tolerance class A

Each 4*

(k) Drainage excavation, type Rolling

Each 27*

(l) Drainage excavation, type Water Bar, Driveable, compaction placement method 2, tolerance class A

Each 15* $

(m) Drainage excavation, type Lead Off

Each 4* $

(n) Drainage excavation, type Armored Low Water Crossing, compaction placement method 2, tolerance

Each 1*

(o) Linear Grading Mile 2.2*

(p) Aggregate Base, Grading C, Compaction Method C Ton 619*

(q) Subbase, grading, compaction method C Ton 24*

(r) Aggregate surface course, grading

H, compaction method C Ton 129*

(s) Ditch Reconditioning Linear Foot

8,778* $

(t) Roadbed reconditioning, compaction method 2 Mile 6.4* $

(u) Roadway reconditioning, Mile 4.0* $

(v) Full depth reclamation, 2 inch depth, 1 inch minus, compaction

Mile 0.3* $

Page 5 of 98 Summit Ranger District

(w) Aphalt Concrete, California State

DOT, 1/2 in. Type A HMA, PG 64-16 Ton 44* $

(x) Asphalt Concrete Pavement

Patching, Type 1

Square

38* $

(y) Asphalt Concrete Pavement

Patching, Type 2

Square

22* $

(z) 18 inch pipe culvert, round steel, 0.064" thick with 2 2/3" x 1/2" corrugations, compaction placement method 6

Foot 20* $

(aa) 24 inch pipe culvert, round steel, corrugations, compaction

Foot 20*

(bb) 36 inch pipe culvert, round steel, 0.064" thick with 2 2/3" x 1/2" corrugations, compaction

Foot 20*

(cc) 48 inch pipe culvert, round steel, 0.079" thick with 2 2/3" x 1/2" corrugations, compaction

(dd) 60 inch pipe culvert, round steel, 0.079" thick with 3" x 1" corrugations, compaction

(ee) 72 inch pipe culvert, round steel, 0.109" thick with 3" x 1" corrugations, compaction

(ff) 18" Flared End Section Each 1* $

(gg) 24" Flared End Section Each 1* $

(hh) 36" Flared End Section Each 1* $

(ii) 48" Flared End Section Each 1* $

Page 6 of 98 Summit Ranger District

(jj) 60" Flared End Section Each 1* $

(kk) 72" Flared End Section Each 1* $

(ll) Inlet top, type 36" DI Lid Each 1* $

(mm) Metal Spillway, galv. sheet steel, 0.064" thick

(nn) Cleaning culverts in place Each 9* $

(oo) Enlarge catch basin Each 1* $

(pp) Gate steel tube, 16 ft Each 1* $

(qq) Gate, Powder River or equivalent

(rr) Cattle guard relocation Each 1* $

(ss) Earth and log berm Each 4* $

(tt) Erosion control blanket, open weave textile, type 3B

Square

44* $

(uu) Separation and stabilization geotextile, Class 2 Nonwoven

Square

200*

(vv) Roadside Hazardous Fuels

Mitigation – Felling of dead standing fuels (Assume 90 trees per mile and a QMD of 25”)

Mile 25.4* $

12 Timber/Product Removal

(a) Cut and Remove Included

Timber

Acre 2,092 N/A N/A

(b) Cut, Skid and Deck Non-Saw Timber

(i) 3.00-5.99* ccf/acre

Acre 2,092*

Page 7 of 98 Summit Ranger District

(ii) 6.00-8.99* ccf/acre

Acre 2,092*

(iii) 9.00-11.99* ccf/acre Acre 2,092* $ $

13 Hauling of Non-Saw Timber Ton 48,900** $ $

Item 13 will be awarded as a capped tonnage for payment. Pricing data is required to verify product is deficit. Unit Price per Ton above should reflect Removal Cost minus Delivered Value.

Removal Cost (loading/chipping and trucking): $______/ton

Delivered Value: $_______/ton

14 Transport of Surplus/Excess Products Ton N/A N/A N/A

Treatment Area 2 (Bull Creek/Beardsley/Pedro Flat)

15 Road Reconstruction

a) Mobilization

Lump Sum

3* $ $

b) Construction survey and staking, method I, tolerance B

Lump Sum

3* $ $

c) Clearing and grubbing, disposal method: limbs g, logs l, stumps f

Mile 22.4* $ $

d) Removal of culverts, disposal method a, compaction method (5)

Each 1* $ $

e) Roadway excavation and embankment, compaction placement method 2, tolerance class B

Cubic

280* $ $

f) Embankment construction, tolerance class A

Cubic Yard

2* $ $

g) Drainage excavation, type Armored Dip, compaction placement method 2, tolerance class A

Each 2* $ $

h) Drainage excavation, type Roadside Ditch, compaction placement method 2, tolerance class A

Foot 1,035* $ $

i) Drainage excavation, type Rocked Swale, compaction placement method 2, tolerance class A

Each 1* $ $

j) Drainage excavation, type Swale, compaction placement method 2, Each 3* $ $

Page 8 of 98 Summit Ranger District

k) Drainage excavation, type Rolling Dip, compaction placement method 2, tolerance class A

Each 20* $ $

l) Drainage excavation, type Water Bar, Driveable, compaction placement method 2, tolerance

Each 11* $ $

m) Drainage excavation, type Lead Off method 2, tolerance class A

Each 3* $ $

n) Drainage excavation, type Armored Low Water Crossing, compaction placement method 2, tolerance class A

Each 1* $ $

o) Linear Grading Mile 1.6* $ $

p) Aggregate Base, Grading C, Compaction Method (c)

Ton 463* $ $

q) Subbase, grading (), compaction method (c)

Ton 18* $ $

r) Aggregate surface course, grading

Ton 96* $ $

s) Ditch Reconditioning

Linear Foot

6,557* $ $

t) Roadbed reconditioning, compaction method 2

Mile 4.8* $ $

u) Roadway reconditioning, compaction method 2

Mile 3.0* $ $

v) Full depth reclamation, 2 inch depth, 1 inch minus, compaction method C

Mile 0.2* $ $

w) Aphalt Concrete, California State

Ton 33* $ $

x) Asphalt Concrete Pavement

Square

Yard 28* $ $

y) Asphalt Concrete Pavement Patching, Type 2

Square Yard

17* $ $

z) 18 inch pipe culvert, round steel, 0.064" thick with 2 2/3" x 1/2" corrugations, compaction placement method 6

Foot 20* $ $

aa) 24 inch pipe culvert, round steel, Foot 20* $ $

Page 9 of 98 Summit Ranger District corrugations, compaction placement method (6)

bb) 36 inch pipe culvert, (round steel), 0.064" thick with 2 2/3" x 1/2" corrugations, compaction placement method (6)

Foot 20* $ $

cc) 48 inch pipe culvert, round steel, 0.079" thick with 2 2/3" x 1/2" corrugations, compaction placement method (6)

Foot 20* $ $

dd) 60 inch pipe culvert, round steel, 0.079" thick with 3" x 1" corrugations, compaction placement method (6)

Foot 20* $ $

ee) 72 inch pipe culvert, round steel, 0.109" thick with 3" x 1" corrugations, compaction placement method (6)

ff) 18" Flared End Section Each 1* $ $

gg) 24" Flared End Section Each 1* $ $

hh) 36" Flared End Section Each 1* $ $

ii) 48" Flared End Section Each 1* $ $

jj) 60" Flared End Section Each 1* $ $

kk) 72" Flared End Section Each 1* $ $

ll) Inlet top, type 36" DI Lid Each 1* $ $

mm) Metal Spillway, galv. sheet

Each 1* $ $

nn) Cleaning culverts in place Each 7* $ $

oo) Enlarge catch basin Each 1* $ $

pp) Gate steel tube, 16 ft Each 1* $ $

qq) Gate, Powder River or equivalent Each 1* $ $

rr) Cattle guard relocation Each 1* $ $

Page 10 of 98 Summit Ranger District

ss) Earth and log berm Each 3* $ $

tt) Erosion control blanket, open weave textile, type 3B

Square Yard

33* $ $

uu) Separation and stabilization geotextile, Class 2 Nonwoven

Square Yard

149* $ $

vv) Roadside Hazardous Fuels

Mitigation – Felling of dead standing fuels (Assume 90 trees per mile and a QMD of 25”)

Mile 34.3* $ $

16 Timber/Product Removal

(a) Cut and Remove Included

Timber

Acre 3,262 N/A N/A

Acre 3,262*

Acre 3,262*

(iii) 9.00-11.99* ccf/acre Acre 3,262* $ $

17 Hauling of Non-Saw Timber Ton 76,200** $ $

Item 17 will be awarded as a capped tonnage for payment. Pricing data is required to verify product is deficit. Unit Price per Ton above should reflect Removal Cost minus Delivered Value.

18 Transport of Surplus/Excess Products Ton N/A N/A N/A

Treatment Area 3 (Campoodle/Smoothwire)

19 Road Reconstruction

a) Mobilization Lump

2* $ $

b) Construction survey and staking, method I, tolerance B

Lump

2* $ $

c) Clearing and grubbing, disposal method: limbs g, logs l, stumps f Mile 19.8* $ $

d) Removal of culverts, disposal method a, compaction method (5)

e) Roadway excavation and embankment, compaction placement method 2, tolerance class B

Cubic

248* $ $

Page 11 of 98 Summit Ranger District

f) Embankment construction, tolerance class A

Cubic

1* $ $

g) Drainage excavation, type Armored

h) Drainage excavation, type Roadside

Foot 915* $ $

i) Drainage excavation, type Rocked Swale, compaction placement

j) Drainage excavation, type Swale, Each 2* $ $

k) Drainage excavation, type Rolling

Each 18* $ $

l) Drainage excavation, type Water Bar, Driveable, compaction placement method 2, tolerance

Each 10* $ $

m) Drainage excavation, type Lead Off

Each 3* $ $

n) Drainage excavation, type Armored Low Water Crossing, compaction placement method 2, tolerance class A

o) Linear Grading Mile 1.5* $ $

p) Aggregate Base, Grading C, Compaction Method (c) Ton 409* $ $

q) Subbase, grading (), compaction method (c) Ton 16* $ $

r) Aggregate surface course, grading

Ton 85* $ $

s) Ditch Reconditioning Linear Foot

5,800* $ $

t) Roadbed reconditioning, Mile 4.3* $ $

u) Roadway reconditioning, Mile 2.6* $ $

v) Full depth reclamation, 2 inch depth, 1 inch minus, compaction

Mile 0.2* $ $

w) Aphalt Concrete, California State

Ton 29* $ $

Page 12 of 98 Summit Ranger District

x) Asphalt Concrete Pavement

Square

25* $ $

y) Asphalt Concrete Pavement

Patching, Type 2

Square

15* $ $

z) 18 inch pipe culvert, round steel, corrugations, compaction

aa) 24 inch pipe culvert, round steel, corrugations, compaction

bb) 36 inch pipe culvert, (round steel), corrugations, compaction

cc) 48 inch pipe culvert, round steel, 0.079" thick with 2 2/3" x 1/2" corrugations, compaction

dd) 60 inch pipe culvert, round steel, 0.079" thick with 3" x 1" corrugations, compaction

ee) 72 inch pipe culvert, round steel, 0.109" thick with 3" x 1" corrugations, compaction placement method (6)

Foot 20* $ $

ff) 18" Flared End Section Each 1* $ $

gg) 24" Flared End Section Each 1* $ $

hh) 36" Flared End Section Each 1* $ $

ii) 48" Flared End Section Each 1* $ $

jj) 60" Flared End Section Each 1* $ $

kk) 72" Flared End Section Each 1* $ $

ll) Inlet top, type 36" DI Lid Each 1* $ $

mm) Metal Spillway, galv. sheet

Each 1* $ $

nn) Cleaning culverts in place Each 6* $ $

oo) Enlarge catch basin Each 1* $ $

pp) Gate steel tube, 16 ft Each 1* $ $

qq) Gate, Powder River or equivalent Each 1* $ $

Page 13 of 98 Summit Ranger District

rr) Cattle guard relocation Each 1* $ $

ss) Earth and log berm Each 2* $ $

tt) Erosion control blanket, open weave textile, type 3B

Square

29* $ $

uu) Separation and stabilization geotextile, Class 2 Nonwoven

Square

132* $ $

vv) Roadside Hazardous Fuels

Mitigation – Felling of dead standing fuels (Assume 90 trees per mile and a QMD of 25”)

Mile 25.2* $ $

20 Timber/Product Removal

(a) Cut and Remove Included

Timber

Acre 2,818 N/A N/A

Acre 2,818*

Acre 2,818*

(iii) 9.00-11.99* ccf/acre

Acre 2,818*

21 Hauling of Non-Saw Timber Ton 65,900** $ $

Item 21 will be awarded as a capped tonnage for payment. Pricing data is required to verify product is deficit. Unit Price per Ton above should reflect Removal Cost minus Delivered Value.

22 Transport of Surplus/Excess Products Ton N/A N/A N/A

Total All Optional Service Items $

Page 14 of 98 Summit Ranger District

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES PRODUCT QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

Timber Treatment Area 1 - Sourgrass/Dry Meadow

CS Saw Actual Quantity determined

After Cruise

43,400*** Tons

TBD from Appraisal

$6.00***

CS Non-saw 48,900** Tons $0.01

Total Value Bid Premium – All Products Treatment Area 1**** $

Total Value – All Products Treatment Area 1 (TBD after cruise and appraisal)

N/A – TBD

Will be calculated by FS for evaluation purposes.

Timber Treatment Area 2 - Bull Creek/Beardsley/Pedro Flat

CS Saw Actual Quantity determined

After Cruise

82,200*** Tons

TBD from Appraisal

$6.00***

CS Non-saw 76,200** Tons $0.01

Total Value Bid Premium – All Products Treatment Area 2**** $

Total Value – All Products Treatment Area 2 (TBD after cruise and appraisal)

N/A – TBD

Will be calculated by FS for evaluation purposes.

Timber Treatment Area 3 - Campoodle/Smoothwire

CS Saw Actual Quantity determined

After Cruise

71,000*** Tons

TBD from Appraisal

$6.00***

CS Non-saw 65,900** Tons $0.01

Total Value Bid Premium – All Products Treatment Area 3**** $

Total Value – All Products Treatment Area 3 (TBD after cruise and appraisal)

N/A – TBD

Will be calculated by FS for evaluation purposes.

Page 15 of 98 Summit Ranger District

Enter delivered saw log value (paid by mill) to be used in determining appraised timber rates:

Product:_______________ Delivered Value: $_________/ton Location:___________

Product:_______________ Delivered Value: $_________/ton Location:___________

Product:_______________ Delivered Value: $_________/ton Location:___________

Product:_______________ Delivered Value: $_________/ton Location:___________

Product:_______________ Delivered Value: $_________/ton Location:___________

Product:_______________ Delivered Value: $_________/ton Location:___________

Notes: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements. Unit prices prevail. Price Proposals MUST be provided on ALL Items in

Schedules: Mandatory Work, Optional Work and Total Value Bid Premium for all Timber Products for each Treatment Area, except for Optional Item 14, 18 and 22. These Items may be negotiated and populated via modification if product is found to be in surplus. Option Item 14, 18 and 22 allows contractors to market surplus wood products outside the local area.

Contractors are required to submit a primary proposal for all work as shown in the SOI on 3

Treatment Areas.

*Total quantities are unknown and shown as estimated gross quantity. Completion and acceptance of

Item 4a will determine true needed quantities for Item 4b, and completion of Items 6a-c, and 7a-c will determine true needed quantities for all other Items. The use of “Stepladder Pricing” enables the

Government to establish Firm-Fixed Pricing at time of award for all Items based on differing complexity. Contractor shall provide a fixed price per Item based on the estimated quantity shown and the complexity level as described in Appendix A. Awarded Firm-Fixed unit prices prevail and

WILL NOT be renegotiated or changed in future modifications to adjust quantities once known.

**Total tons of non-saw products awarded to be removed shall be negotiated and populated via modification after cruise is completed for each Timber Treatment Area. Awards made for non-saw product removal will be set as a capped tonnage for payment per Treatment Area.

***The gross acres of commercial sawtimber for each Treatment area were determined using GIS.

Gross sawtimber volume was calculated assuming 4.0 MBF/acre. Gross sawtimber volume for each

Treatment Area is for evaluation purposes.

Advertised appraised value from the past three years for sawtimber on the Stanislaus National Forest have a range of $2.00 – $10.00/ton or equivalent unit of measure, with a rounded average of $6.00/ton.

A preliminary timber appraisal was completed on a gross volume estimate for entire project indicating an advertised rate of $5.73/ton that has been rounded for evaluation purposes to $6.00/ton to match the recent historical average.

****Contractors shall provide a Total Value Bid Premium for all products per treatment area

≥$0.00. The Total Value Bid Premium for each Treatment Area will be distributed evenly over all final awarded products (non-saw and saw timber) per treatment area to have one combined rate for all products per Treatment Area. This will allow maximum flexibility to contractors in marketing all products. To reduce risk to both parties due to over/under-run of products, cruising standards have

Page 16 of 98 Summit Ranger District been increased to “Tree Measurement” maximum allowed error. Timber products will be scaled due to the use of Designation by Prescription.

If the final appraised Timber Rate for Saw timber are between $2.00/ton and $10.00/ton, Total Value

Bid Premiums shall be binding and applied in full. If appraised timber rate is greater than

$10.00/ton, Bid Premiums shall be lowered incrementally until not applicable. If the rate for

Appraised Saw Timber indicates deficit conditions, a prompt reassessment of treatment units for that

Treatment Area will occur to bring appraised rates out of deficit conditions.

For evaluation of price proposals, FS will calculate the Total Value of all products per Treatment

Area based on the assumptions shown in the Timber Removal Price Schedule and the Total Value

Bid Premium offer. The following calculation will be used for both evaluation of proposals as well as when determining final single timber rate per Treatment Area:

[(Saw Volume * Saw Minimum Rate) + (Non-saw volume * $0.01) + Total Value Bid Premium] = Total Value of all products

(Saw Volume + Non-saw Volume)

An in-person meeting for question and answers is scheduled for May 31st, 2023, to discuss the objectives of this contract. The meeting will be at 0900 PT at the Stanislaus National Forest

Headquarters in Sonora, CA. A Microsoft Teams link will be provided on request for vendors that cannot attend.

PERIOD OF PERFORMANCE IS FROM DATE OF AWARD THROUGH NOVEMBER 30, 2029

LAND MANAGEMENT ACTIVITIES.

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

Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in

Stewardship Credits and Appropriated Funds.

All Base Work Activities (Mandatory) shall be performed. Optional activities are listed in order of planned priority. Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government.

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

Page 17 of 98 Summit Ranger District

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition

Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of

God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (Using IPP now) See #42.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-

System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for

Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34

Page 18 of 98 Summit Ranger District

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18

U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the

Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM TO FAR 52.212-4 The following clauses are hereby incorporated by reference or full text as appropriate:

NUMBER TITLE DATE

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN OCT 2022

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENT S APR 1984 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION (ALTERNATE I) NOV 1991

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.245-1 GOVERNMENT PROPERTY SEP 2021

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

452.236-71 PROHIBITION AGAINST THE USE OF LEAD-PAINT NOV 1996

452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988

452.236-76 SAMPLES AND CERTIFICATES FEB 1988

2. FAR 52.217-7 – Option for Increased Quantity – Separately Priced Line Item

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance prior to contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

3. PROJECT DESCRIPTION

(a) Description of Work- The intent of the project is to dramatically increase the pace and scale of forest restoration treatment to mitigate risk of catastrophic wildfire. The project will obtain forestry and logging related services to implement a large-scale landscape treatment. The objective of this project is for the contractor to complete the end-results from planned treatment handoff through final completion of the project including removal of forest products and other on-the-ground service work. Contractor shall complete required resource survey work in each treatment area prior to completing on-the-ground timber/product removal and service work. After the initial resource survey marking and flagging has been accepted and approved, contractors will then layout and mark boundaries for timber/product removal, including marking of designated openings, and complete timber cruises for each treatment area. Upon acceptance and approval of layout and timber cruising Forest Service will appraise included sawtimber to determine contractors bid premium for included timber/product prior to exercising the optional item for on-the-ground timber/product removal.

(b) Resulting Contract – Any resultant contract will be a commercial services contract with requirements for timber removal.

(c) Project Location- T4N, R16E, Sec 23-13. T4N, R17E, Sec 1-18 & 19-20. T4N, R18E, Sec 4-9 &

17-19. T5N, R17E, Sec 1-3, 10-15, 22-27, & 32-35. T5N, R18E, Sec 18-21 & 28-33. MDBM.

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4. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of

Service Items can be found in Appendix A. Specifications for timber removal can be found in Appendix B and associated road plans and specifications in Appendix C for Stewardship related projects. Incidental construction or reconstruction specified road work plans, drawings, exhibits, and specifications can be found in Appendix D.

5. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

6. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

7. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

8. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 30, 2029. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by

Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal

Specifications in Appendix B and/or C and as approved by the Contracting Officer.

9. AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of award through November 30, 2029.

The following is the Forest Services desired schedule and will be used to determine/track if contractor will successfully complete all work on time. Failure to meet the following timelines may result in Optional work Items not being awarded. Continued failure to meet the desired schedule below may result in

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Termination for Cause for failure to perform.

Items 1, 2, 3, 4, and 5 Completed by October 31, 2024

Treatment Area 1 (Dry Meadow/Sourgrass):

Items 6 and 7 Completed by October 31, 2025

Items 11 Completed by October 31, 2026

Item 8, 9, 10, 12, and 13 Completed by October 31, 2027

Treatment Area 2(Bull Creek/Beardsley/Pedro Flat):

Item 6 and 7 Completed by October 31, 2026

Item 14 Completed by October 31, 2027

Item 8, 9, 10, 15, and 16 Completed by October 31, 2028

Treatment Area 3 (Campoodle/Smoothwire):

Item 6 and 7 Completed by October 31, 2027

Item 17 Completed by October 31, 2028

Item 8, 9, 10, 18, and 19 Completed by October 31, 2029

10. SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a

Notice to Proceed for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION

Proposed progress schedule showing starting and completion dates of planned treatment areas and various phases of the work.

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting

Officers Written approval prior to starting work on the project. Large businesses must submit a Small

Business Sub-Contracting Plan as required per FAR 52.209-9. Plan shall be submitted after award.

Fire Plan

Equipment Load Limitations List

Designation of Contractor personnel describing responsibilities and authorities

Operator Identification Number from the County Agricultural Commissioner or Pest Control Business

License

All schedules and reports shall be submitted to the COR.

11. PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. When payment is made to the contractor for

Page 24 of 98 Summit Ranger District work performed, it will be made in accordance with the specifications set forth under Measurable Performance

Standards.

When harvesting operations are underway, the value of work completed and timber removed will be documented monthly in the Forest Products Financial System which will produce a Statement of Accounts.

12. STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/

Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the

Schedule. Earned credits may be used to pay for timber value included in Schedule of Items. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

13. ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for

Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest

Service. No credits will be established for work performed as indicated in the Schedule of Items and Appendix B

Timber Removal Specification if appropriated agency monies are used or unless otherwise agreed.

14. TIMBER PAYMENT GUARANTEE

(1) General—(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the

United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

(c) Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

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

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest

Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Surety Bond.

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

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing

FS Form 6500-12a.

(4) Letters of Credit for Payment Bond—Contractor may use letters of credit in lieu of a surety bond for payment bond purposes when approved by Contracting Officer.

15. EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber has been cut and removed the Forest Service, at its option, shall either add more timber or make cash payment for the unused credits.

16. EXCESS TIMBER VALUE

In the event the value of the included timber exceeds the total value of all of the mandatory activities plus the ordered Optional activities, the Contractor shall make cash payment for the excess timber value.

17. REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT

GUARANTEE” before additional timber may be cut.

18. FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a…