1.Solicitation_GoBig G-Z IRSC.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

SERVICES - OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

1092693 88

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE DATE

12363N22Q4111 May 8, 2023

7. FOR SOLICITATION INFORMATION CALL:

Email Contact Preferred

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL TIME

Mark T. Phillipp Mark.Phillipp@usda.gov (541) 487-1187 July 11, 2023 4:00 p.m. PT

9. ISSUED BY CODE363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE % FOR:

USDA FOREST SERVICE

PROCUREMENT & PROPERTY SERVICES

NATIONAL STEWARDSHIP CONTRACTIN BRANCH

Mark.Phillipp@usda.gov Kasandra.Meyer@usda.gov

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

EDWOSB

NAICS:

HUBZONE SMALL BUSINESS 115310

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS 8(A)

SIZE STANDARD:

34 M

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 363N 16. ADMINISTERED BY CODE 363N

Fremont-Winema National Forest Chiloquin Ranger District

38500 HWY 97 N

CHILOQUIN OR 97624-7765

USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

17A. CONTRACTOR/OFFEROR CODE FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE 363N

Name:

Address:

Email:

Telephone No:

*Invoice Processing Platform (IPP):

All invoices must be submitted electronically through the Invoice Processing Platform via www.IPP.gov.

*All Invoices for Non-Monetary Credits must be submitted to the Forest COR via email. SAM UEI (12 characters):

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

GO BIG G-Z STEWARDSHIP IRSC

FREMONT-WINEMA NATIONAL FOREST

CHILOQUIN RANGER DISTRICT

Region 6 - Oregon

See attached Schedule of items

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPY VIA EMAIL TO

Mark.Phillipp@usda.gov and Kasandra.Meyer@usda.gov

29. AWARD OF CONTRACT: REF__________________

ONE (1) COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS

AND CONDITIONS SPECIFIED

OFFER DATED________________, YOUR OFFER ON SOLICITATION ____________________

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS: ______________________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

MARK. T. PHILLIPP

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

Go Big G-Z Stewardship IRSC Fremont-Winema NF, Chiloquin RD Solicitation 12363N22Q4111 Page 2 of 88

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

DESCRIPTION OF

MANDATORY WORK ACTIVITIES

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

Project Area Implementation Plan of 66,362 Gross Acres:

Design Detailed Logging Plan, Road Analysis Plan, Service Treatment Plan, and Implementation Maps

Lump Sum

1 $ $

Locate, Flag, and GPS Known Cultural Sites

0.02 – 150 acres per site 112 ft – 35,965 ft perimeter per site

Each 275 $ $

3 Flag, Tag, Paint and GPS Boundaries Feet 184,800* $ $

4 Flag and GPS Boundaries Feet 200,000* $ $

Medium and Large Tree Clump Marking in Timber Removal Units

Acres 21,539* $ $

TOTAL ALL MANDATORY Service Items $

OPTIONAL WORK ACTIVITIES:

ITEM

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES

UNIT

ESTIMATED

QUANTITY

UNIT\PRICE TOTAL

Timber Treatment Area 1

6 Cruise Design/Plan Lump Sum 1 $ $

7 Cruise with Final Volume Estimate Lump Sum 1 $ $

8a Cut and Remove Included Timber Acre 5,385* N/A N/A

8b Remove Non-Saw Timber Products Tons 20,000** $ $

Item 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

Solicitation 12363N22Q4111 Page 3 of 88

9a Service Only Unit - Cut, Skid and Deck Non- Saw Timber – Low Complexity

Acre 2,500* $ $

9b Service Only Unit - Cut, Skid and Deck Non- Saw Timber – High Complexity

Acre 2,500* $ $

10a Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – Low Complexity

Acre 2,500* $ $

10b Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – High Complexity

Acre 2,500* $ $

Timber Treatment Area 2

11 Cruise Design/Plan Lump Sum 1 $ $

12 Cruise with Final Volume Estimate Lump Sum 1 $ $

13a Cut and Remove Included Timber Acre 5,385* N/A N/A

13b Remove Non-Saw Timber Products Tons 20,000** $ $

Item 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

14a Service Only Unit - Cut, Skid and Deck Non- Saw Timber – Low Complexity

Acre 2,500* $ $

14b Service Only Unit - Cut, Skid and Deck Non- Saw Timber – High Complexity

Acre 2,500* $ $

15a Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – Low Complexity

Acre 2,500* $ $

15b Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – High Complexity

Acre 2,500* $ $

Timber Treatment Area 3

16 Cruise Design/Plan Lump Sum

1 $ $

17 Cruise with Final Volume Estimate Lump Sum

1 $ $

18a Cut and Remove Included Timber Acre 5,385* N/A N/A

18b Remove Non-Saw Timber Products Tons 20,000** $ $

Item 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

19a Service Only Unit - Cut, Skid and Deck Non- Saw Timber – Low Complexity

Acre 2,500* $ $

19b Service Only Unit - Cut, Skid and Deck Non- Saw Timber – High Complexity

Acre 2,500* $ $

20a Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – Low Complexity

Acre 2,500* $ $

20b Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – High Complexity

Acre 2,500* $ $

Solicitation 12363N22Q4111 Page 4 of 88

Timber Treatment Area 4

21 Cruise Design/Plan Lump Sum 1 $ $

22 Cruise with Final Volume Estimate Lump Sum 1 $ $

23a Cut and Remove Included Timber Acre 5,385* N/A N/A

23b Remove Non-Saw Timber Products Tons 20,000** $ $

Item 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

24a Service Only Unit - Cut, Skid and Deck Non- Saw Timber – Low Complexity

Acre 2,500* $ $

24b Service Only Unit - Cut, Skid and Deck Non- Saw Timber – High Complexity

Acre 2,500* $ $

25a Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – Low Complexity

Acre 2,500* $ $

25b Timber Removal Units - Cut, Skid and Deck Non-Saw Timber – High Complexity

Acre 2,500* $ $

Service Only Optional Items

26a Plantation Units – Cut, Skid and Deck Non- Saw Timber – Low Complexity

Acre 2,500* $ $

26b Plantation Units – Cut, Skid and Deck Non- Saw Timber – High Complexity

Acre 2,500* $ $

27a Service Only Unit - Mechanical Cut and Pile of Non-Saw Timber – Low Complexity

Acre 2,500* $ $

27b Service Only Unit - Mechanical Cut and Pile of Non-Saw Timber – High Complexity

Acre 2,500* $ $

28a Hand Thin/Hand Pile – Low Complexity Acre 3,000* $ $

28b Hand Thin/Hand Pile – Medium Complexity Acre 500* $ $

28c Hand Thin/Hand Pile – High Complexity Acre 500* $ $

29 Meadow Units - Fell, Lop, And Scatter Acre 550 $ $

30a Mastication – Low Complexity Acre 2,500* $ $

30b Mastication – High Complexity Acre 2,500* $ $

31 Road Reconstruction

(a) Mobilization Lump Sum 12* $ $

(b) Construction Survey & Staking, Method

I, Tolerance B Lump Sum 20* $ $

(c) Clearing & Grubbing, disposal method;

limbs (g), logs (i), stumps (f) Mile 75* $ $

Solicitation 12363N22Q4111 Page 5 of 88

(d) Drainage Excavation, Type - Water Bar, Driveable Each 50* $ $

(e) Drainage Excavation, Type - Swale Each 50* $ $

(f) Drainage Excavation, Type - Critical Dip Each 50* $ $

(g) Drainage Excavation, Type - Lead Off

Ditch Each 50* $ $

(h) Drainage Excavation, Type - Rolling Dip Each 50* $ $

(i) 48” Corrugated Metal Pipe, round steel, 0.064” thick

LF 200* $ $

(j) 18" Corrugated Metal Pipe, round steel, 0.064" thick

LF 400* $ $

(k) Cleaning Culverts in Place Each 20* $ $

(l) Roadway Excavation - Curve Widening Lump Sum 20* $ $

32 Transport of Surplus/Excess Products Ton $ $

Total All Optional Service Items

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES PRODUCT QUANTITY UNIT OF MEASURE

MINIMUM

ACCEPTABLE OFFER

Timber Treatment Area 1

CS Saw TBD from Cruise

82,600*** Tons TBD from Appraisal

$8.00***

CS Non-saw 20,000** 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

CS Saw TBD from Cruise

82,600*** Tons TBD from Appraisal

$8.00***

CS Non-saw 20,000** 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.

Solicitation 12363N22Q4111 Page 6 of 88

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:______________

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 32 which is not required to receive award. Option Item 32 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 4 Treatment Areas. Contractors proposing to complete work in less than 4 Treatment Areas or that have an alternative plan must submit a second Alternative price proposal and Alternative technical proposal.

Maps for Item #2 shall be provided on request through email to prospective bidders.

*Total quantities are unknown and shown as estimated gross quantity. Completion and acceptance of Item 1 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

Timber Treatment Area 3

CS Saw TBD from Cruise

82,600*** Tons TBD from Appraisal

$8.00***

CS Non-saw 20,000** 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.

Timber Treatment Area 4

CS Saw TBD from Cruise

82,600*** Tons TBD from Appraisal

$8.00***

CS Non-saw 20,000** Tons $0.01

Total Value Bid Premium – All Products Treatment Area 4**** $

Total Value – All Products Treatment Area 4 (TBD after cruise and appraisal)

N/A – TBD

Will be calculated by FS for evaluation purposes.

Solicitation 12363N22Q4111 Page 7 of 88 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 estimated gross acres of commercial timber using GIS is approximately 21,540 acres with an estimated gross timber volume of 330,400 tons. This was calculated assuming 2.5 MBF/acre.

Approximately 13.5 MMBF per Timber Treatment Area is assumed. Divided equally for evaluation purposes, each Timber Treatment Area assumes 82,600 gross tons.

Advertised timber rates from past two years on the West-Zone of the Fremont-Winema NF have a range of $0.25 – $19.50/ton or equivalent unit of measure, with a rounded average of $8.00/ton. A preliminary timber appraisal was completed on a gross volume estimate for entire project indicating an advertised rate of $7.93/ton that has been rounded for evaluation purposes to $8.00/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 been increased to “Tree Measurement” maximum allowed error. Timber products will be scaled due to the use of Designation by Prescription and virtual boundaries.

If the final appraised Timber Rate for Saw timber is between $0.25/ton and $19.50/ton, Total Value Bid Premiums shall be binding and applied in full. If appraised timber rate is greater than $19.50/ton, Bid Premiums shall be lowered incrementally until not applicable. Appraised Timber Rates below $0.25/ton, potentially indicating deficit conditions, will either prompt reassessment of treatment units for that Treatment Area to bring appraised Rates above $0.25 or Bid Premiums will be waived.

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)

Payment and Performance Bonds are required for Re-construction greater than $150,000. See FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION APR 2020) and FAR 52.228-1 Bid Guarantee (SEP 1996) (DEVIATION MAY 2020). The estimated average culvert length is 20’ and contractor shall provide culverts as part of their bid if replacement is required and awarded.

A site visit will be scheduled during the solicitation period and will be posted on https://www.SAM.gov for advertisement.

PERIOD OF PERFORMANCE IS FROM DATE OF AWARD THROUGH DECEMBER 31, 2030

Solicitation 12363N22Q4111 Page 8 of 88

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 (DEC 2022)

(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

(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 #44.

(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;

Solicitation 12363N22Q4111 Page 9 of 88

(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(s) 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.

(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(s) of contact.

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

Solicitation 12363N22Q4111 Page 10 of 88

(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 thirty (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.

(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.

Solicitation 12363N22Q4111 Page 11 of 88

(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.

(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.

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(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 IMPROVEMENTS APR 1984

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.

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3. PROJECT DESCRIPTION

(a) The intent of the project is to dramatically increase the pace and scale of forest restoration treatment to mitigate risk of catastrophic wildfire. The objective of this project is:

1. For the contractor to complete the end-results from NEPA handoff through final completion of the project area.

2. Contractors shall identify what work activities are needed across all project acres to meet the desired end-result objectives that shall be presented in maps and a detailed Implementation Plan prior to commencing layout.

3. After the initial Implementation Plan (Design Detailed Logging Plan, Road Analysis Plan, Service Treatment Plan, and Contract Area Maps) has been accepted and approved, contractors will then:

a) layout Timber Removal and Service Only treatment units.

b) designate retention areas and clump marking or other clump retention designation.

c) complete timber cruises for each identified timber removal treatment area.

d) complete all on the ground timber removal and service work activities.

e) complete all required road maintenance and road re-construction for product removal.

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

(c) Project Location- In all or portions of T33S R10E Sec 13-16, 21-29, 31-36. T33S R11E Sec 7-11, 13-24, 27-31. T34S R9E Sec 1, 2, 10-12, 13-17, 20-29, 32-36, T34S R10E Sec 1-36. T34S R9E Sec 6, 18, 19, 29-31, T35S R9E Sec 1-6, 9-12. T35S R10E Sec 1-12, 17, 16. R35S R11E Sec 6, 7.

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.

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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 December 31, 2030. 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 December 31, 2030 - unless proposed to be shorter by contractor and an award is made based on the shortened Period of Performance.

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 Termination for Cause for failure to perform.

Item 1 Completed by December 31, 2023

Items 2, 3, 4, 5, 6 and 7 Associated with Treatment Area 1 Completed by August 31, 2024 Items 8 – 10 Completed by Dec 31, 2026

Items 2, 3, 4, 5, 11, and 12 Associated with Treatment Area 2 Completed by August 31, 2025 Items 13 - 15 Completed by Dec 31, 2027

Items 2, 3, 4, 5, 16, and 17 Associated with Treatment Area 3 Completed by August 31, 2026 Items 18 - 20 Completed by Dec 31, 2028

Items 2, 3, 4, 5, 21, and 22 Associated with Treatment Area 4 Completed by August 31, 2027 Items 23 - 25 Completed by Dec 31, 2029

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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 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.

Traffic Control Plan

Designation of Contractor personnel describing responsibilities and authorities

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 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.

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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.

(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.

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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 properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

19. FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (OCT 2022)

*This clause applies to the construction work, item 31. Alternative payment protection is required for construction projects greater than $35,000 but not greater than $150,000.

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable

Solicitation 12363N22Q4111 Page 18 of 88 overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S.

supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material.