Solicitation.pdf

12034319Q0090 Superior Sale Preparation Service

SERVICES AND PRICES

12024319Q0090

Superior Sale Preparation Service Superior Ranger District

Mineral County, Montana

Note 1: In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, System for Award Management (OCT 2018).

Note 2: Basis of Award

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer is most advantageous to the Government, considering but not limited to factors such as price, Contractor capacity to do the work, experience with this type of work and past performance. The Experience Questionnaire will be used as part of this evaluation.

Note 3: In order to be considered responsive to this solicitation, the quoter must submit the following:

1. A written Contractor Quality Control plan in accordance with Statement of Work.

2. Experience Questionnaire. Though any format is acceptable, a sample is attached for your convenience.

Note 4: Quotes may be e-mailed to tami.mitchell@usda.gov, mailed or hand delivered by 2:30 p.m. MT, May 16, 2019 to:

Lolo National Forest Service Attn: Tami L. Mitchell 24 Fort Missoula Road Missoula, MT 59804

Note 5: This is a total small business set-aside and the small business size standard is $7.5 Mil. The North American Industry Classification Code is 115310.

Offeror’s Name

Address

Phone No.

Contact Name

Email Address

DUNS No.

Signature and Date mailto:tami.mitchell@us

SERVICES AND PRICES

TIMBER SALE PREPARATION SERVICES

Schedule of Items 1 – Deep Jam Sale Preparation

Pay Item Description

Method of

Measure

Pay Unit

Estimated Quantity Unit Price Total

1 Boundary Layout AQ LINEAR

FEET 148,191

2 GPS Traversing AQ LINEAR

FEET 205,398

3 Boundary Painting AQ LINEAR

FEET 164,474

4 Tree Marking (Leave Tree) AQ ACRE 557

Total Value (All Items)

*AQ = Actual Quantity *Layout, GPS and Unit boundary painting feet based on final GIS unit perimeter.

Schedule of Items 2 – Redd Bull Skyline Profiles

Pay Item Description

Method of

Measure

Pay Unit

Estimated Quantity Unit Price Total

5 Ward Creek AQ EACH 47

6 North Fork AQ EACH 45

7 South Fork AQ EACH 35

8 Brown Gulch AQ EACH 14

Total Value (All Items)

Schedule of Items 3 – Crew Walk-In Rate

Pay Item: 9 Crew Walk-In Rate Per Hour

For units or areas of work that require a walk-in distance greater than 1 mile round trip from the nearest road with at least ATV access to the edge of the unit, the Contractor shall provide an hourly rate in the schedule below. The quantity (hours) or time will be calculated and mutually agreed upon based on the nearest ½ hour of time for the walk-in and paid times the rate indicated below.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

This contract requires timber sale preparation services and related work in compliance with its terms, specifications, and provisions. The Contractor will be required to furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals (except those identified as Government furnished) necessary to layout boundary, GPS traverse, paint boundaries and mark trees to complete harvest unit(s) and boundaries for timber sale areas.

LOCATION AND DESCRIPTION

The project work area is located on the Superior Ranger District of the Lolo National Forest. All harvest units and associated haul routes for the Deep Jam Timber Sale are planned in accordance with the Jam Cracker Project Environmental Assessment and Decision Notice https://www.fs.usda.gov/project/?project=46950. A vicinity map and project work area site-specific maps and legal descriptions will be provided. The exact acreage of the harvest areas will not be determined until the units are laid out and will likely be less. Trees may need to be cut out of the way to insure ingress and egress.

PROJECT DESCRIPTION

The Deep Jam Timber Sale Area is located on the Superior Ranger District, approximately 10 air miles from Superior, Montana. Total estimated harvest area is 1,484 acres, some of which has Boundary Layout and Boundary Marking already completed (Unit D8). No units have GPS Traversing or Tree Marking completed.

The project is located in Sections 24-28 and 33-36, T16N, R25W; Sections 28-32, T16N, R24W; Section 5, T15N, R24W, Mineral County, Montana, P.M.M. The units would be harvested with a combination of tractor, skyline and excaline yarding systems.

The Redd Bull project areas is located on the Superior Ranger District, approximately 1 air mile from St. Regis, Montana. A total of 141 skyline profiles for the project are split into 4 individual pay items. The project is located in Sections 7 and 18, T17N, R27W; Section 5, T16N, R28W; Sections 1-7, 10-18, 21-24, 30-33, T17N, R28W; Sections 30-36, T18N, R28W; Section 12, T16N, R29W; Sections 1-3, 10-11, 13-16, 22-25, T17N, R29W; Sections 20-28, 32-36, T18N, R29W, Mineral County, Montana, P.M.M.

ACCESSIBILITY

Most project units and profiles can be reached by road. For those roads that are open, the Forest Service assumes no obligation to plow snow or provide special maintenance to keep roads open. Seasonal road closures may limit access to some areas. District Travel Maps are available upon request from the District. Roads located behind closures, gates, guardrail or soil/log barrier closures will require a District Access Permit to grant vehicle access behind the closure. A written request must be submitted at least one week prior to the anticipated use.

During the general hunting season, vehicle access will be restricted to the same type of closure as the public and as stated in the Lolo National Forest’s Motor Vehicle Use Maps (MVUM) https://www.fs.usda.gov/detail/lolo/home/?cid=stelprdb5097692. Roads closed by earthen barrier, brushed in or waterbarred will not be opened for vehicular traffic with the exception of any indicated on the project maps.

The Forest Service will not maintain roads behind closures for vehicle travel. Walking in excess of one (1) mile may be required to reach some units.

https://www.fs.usda.gov/project/?project=46950 https://www.fs.usda.gov/detail/lolo/home/?cid=stelprdb5097692

EXPECTED WORK CONDITIONS

Work activities may be located on slopes ranging from gentle (<35% slope) to steep (>70% slope) terrain.

Terrain may be brush covered and have down logs and other woody debris. Work areas will be timbered and will contain standing dead trees. The project may involve working in and around numerous dead and unstable trees. Contractors are expected to accommodate a potential work window from May to November. Spring weather conditions may include intermittent high levels of precipitation, in the form of rain and or snow, for consecutive work days. Winter weather conditions at higher altitudes may include cumulative snow precipitation. The Government considers safe expected work conditions at these elevations to be four to six inches of snow. Contractors should consider these weather factors as an inherent risk that must be accommodated with the nature of the contract work.

OPERATIONAL OBJECTIVES

1. Lay out unit boundaries following GIS data, and adjusting boundaries for wet or landslide prone areas, logging system capabilities and suitable timber guidelines

2. Mark cutting unit boundaries as identified

3. Mark harvest units in project work area, as identified

4. All Layout Worksheets and Skyline Profile data sheets shall be filled in neatly, clearly and be legible

5. Comply with the marking plans provided

6. Collect profile data to facilitate skyline analysis

7. Complete the work within the ordered period with no delays

PAINT ACCOUNTABILITY

All tracer paint shall be accounted for by the Contractor. Paint will be issued weekly and signed for by a designated contractor representative. The Contractor shall keep any paint not in use secured by a lock system agreed to by the Forest Service. Full, partial and empty paint cans, shall be returned to the Government at the end of each week. All cans of paint must be accounted for daily by the Contractor. All cans of paint and paint cans must be accounted for on a weekly basis to the Government. During the pre-work meeting it will be mutually agreed upon between the Forest Service and Contractor the locations of issue and pickup points for the paint. Failure to return the correct amount of full, partial or empty paint cans shall result in immediate suspension of work, until paint accountability is resolved. Failure to account for paint can be considered contract default and cause for termination and may be cause for additional criminal investigation and prosecution. In addition, a monetary charge of $250 per aerosol can and $500 per quart can will be assessed for every can of tracer paint not accounted for.

Mitchell, Tami L -FS I think this should state can instead of shall.

Haupt, David -FS Made the change. I agree the determination of what contract action to take should be dependent on the specifics of the instance and what, if any, investigation LEI determines is warranted.

TECHNICAL SPECIFICATIONS

A. BOUNDARY LAYOUT

Unit boundaries will be determined by the unit boundary implementation map location and layout guidelines with boundary adjustments made for logging requirements, riparian habitat conservation areas, and unsuitable forest lands. Adjustments in unit boundaries are common and reconnaissance for logging feasibility is desirable. Typical adjustments account for 30- 40% of unit acres being eliminated for various reasons. All adjustments will be agreed upon prior to acceptance. Boundaries of units are put in with blue flagging and shall be intervisible, but no more than 60 feet apart. The unit boundary layout map will be updated with unit adjustments and logging breaks. Roads used as part of the boundary will be flagged and will be included for boundary layout payment. There are approximately 1,200 total acres of layout required under this contract.

Layout will be implemented using the following criteria:

1. No timber harvest would occur within Riparian Habitat Conservation Areas (RHCAs). Known locations of RHCAs and associated buffers are shown on unit maps. Unit boundaries will be located in accordance with the following buffers:

a) 300 foot buffer on perennial fish bearing streams.

b) 150 foot buffer on non-fish bearing streams and wetlands greater than 1 acre in size.

c) 100 foot buffer on seasonally flowing or intermittent streams and wetlands less than 1 acre in size.

d) 50 foot no-equipment buffer will be placed around wet areas, seasonally moist areas, seeps, and springs.

e) 50 foot no-equipment buffer will be placed from the centerline of the drainage or from the top of the slope break at the edge of all ephemeral draws.

2. Locations of botanical, heritage, or other resources to be protected will be buffered out of the unit when specified as “Restricted No Activity Area” on unit specific maps provided by the Forest Service.

3. Logging system limitations:

a. Tractor skidding equipment would be allowed to operate on slopes averaging 35% or less.

Slopes 36-45% for distances less than 100 feet can be included in tractor units when approved by the Forest Service.

b. Skyline yarding to 1,500 feet External Yarding Distance. Use of one intermediate support acceptable with validation of adequate support trees.

c. Off-Road Skyline yarding (excaline) to 800 feet External Yarding Distance.

d. Each unit shall have only one logging system. If multiple logging systems are found within a unit, it shall be split into two separate harvest units.

4. The layout person will fill out unit card information (See Exhibits) describing logging system and special requirements (swing yarding, temporary road needs, directional felling, high banking, line pulling, etc.), and general species composition.

B. GPS TRAVERSING

All units shall be traversed with GPS meeting standards in Forest Service Handbook 2409.12. A “walk” file or “always active-only record points” file will be used to record 3-D position fixes for each GPS traverse.

1. GPS setting will follow the referenced Handbook direction. Contractors are required to utilize the TwoTrails software. The software is commercially available, for free, at the following link:

https://www.fs.fed.us/forestmanagement/products/measurement/area-determination/.

2. Position fixes shall be collected while moving around the perimeter. Use a collection interval appropriate to the speed of travel in order to record an accurate path of the unit boundary. Loss of position fixes (signal) is acceptable for a short duration while moving in a straight line.

Position fixes shall be received at all turning points.

3. GPS traverses shall directly follow the blue ribbon boundary line or painted/posted boundary.

Painted/posted boundaries will take precedence for measurements. The GPS traverse line shall not vary more than 5 feet from the painted/posted boundary.

4. Prepare a sketch map of the unit utilizing the Layout Worksheet. Map will include pertinent features such as: springs, streams, ridges, rock outcrops, openings, roads, trails, planned road P-lines, logging breaks, etc.

C. BOUNDARY POSTING AND PAINTING

Sale Unit Boundaries are designated by posting unit signs. The ORANGE paint and blue ribbon aid in identifying the boundary location. Sale units are initially identified with blue ribbon. Note: The Contractor shall only use Government Furnished paint for boundary designation.

1. Unit boundary signs and ORANGE tracer paint shall be used to indicate cutting unit boundaries unless otherwise indicated by Forest Service. Cutting unit boundaries must be posted so there are no questionable or borderline trees. At least two painted boundary trees shall be visible from any single painted boundary tree. Live trees greater than 8.0” DBH shall be used for boundary trees where possible.

2. “Cutting Unit Boundary” signs shall face into the unit. Unit boundary signs shall be posted at unit corners on roads or access points. Cutting unit signs shall be posted so they are attached solid to an object; signs shall not be posted on movable objects. Cutting unit numbers will be painted intermittently on boundary trees facing into the unit. The Sale Name of “Deep Jam” shall be hand written in permanent ink on all cutting unit boundary signs. Signs shall be located where they are legible from the road.

3. Painted boundary lines shall consist of three vertical stripes painted on trees, or brush if no trees exist, and shall be at least three feet long, two inches wide and between four and seven feet above the ground level. The center stripe shall face directly into the cutting unit while the other two stripes shall be opposite of each other facing the direction of the unit boundary. Painted trees/brush shall be intervisible, but no more than 60 feet apart depending on the density of the understory. The stump mark shall be a concentration of paint in the form of a horizontal stripe extending at least one-fourth the tree circumference or 12 inches in length, whichever is greater, and at least 2 inches wide on the base of the tree at ground level on the downhill side. Logs or https://www.fs.fed.us/forestmanagement/products/measurement/area-determination/

Match title of the doc so it’s clear as to what the expectation is.

rocks shall not be used for marking unit boundaries. Paint shall be in crevices of the bark, avoiding moss and lichen when possible, to ensure longevity of paint on the tree.

4. Where existing open or travelable roads serve as boundaries, only the corners where the boundary leaves the road are to be marked and unit boundary sign placed facing into the unit.

Overgrown roads will be painted the same as boundaries where no road exists.

5. Where cutting unit boundaries intersect P-lines, (flagged locations of new road construction) the boundary signs shall be put 20 feet each side of the P-line on a painted boundary tree with sign facing into the unit. Boundaries intersecting temporary roads shall be put directly on the flagged P-line.

6. Painting shall be done in accordance with manufacturers’ directions and safe practices.

7. Common unit boundaries will be paid for as one boundary at the unit price, unless the Government specifies that the common boundary be marked at different times.

8. When available, the largest diameter tree for boundary posting will be used. Brush or stumps shall be used only if no other trees are available.

D. TREE MARKING

Tree marking shall involve designation of trees to be Leave Tree Marked (LTM). Contractor shall only use Government Furnished tracer paint for LTM designation. The designation will be identified based on a marking guide included. Any variation to the following specifications will be noted.

1. Leave Tree Mark (LTM): Trees will be marked with ORANGE tracer paint. Leave trees shall be painted with a horizontal band of paint which must be visible on all sides of the tree.

The band shall be at least 2 inches wide and between 5 and 7 feet above the ground as measured on the uphill side. The stump mark shall be a concentration of paint in the form of a horizontal stripe extending at least one-fourth the tree circumference or 12 inches in length, whichever is greater, and at least 2 inches wide on the base of the tree at ground level on the downhill side.

Stump marks shall be concentrated in cracks or crevices on the stump as much as possible.

Trees shall not be marked during periods of heavy wet weather or snowy weather when paint is unlikely to stick to the trees.

2. Where it is necessary for the Contractor to make changes in trees originally marked, the contractor shall completely obliterate or ‘X’ out, as determined by the COR, any paint marking errors with BLACK tracer paint with no pay adjustment.

3. The contractor shall be required to keep count of the total number of trees marked and number of cans of paint used by harvest unit. This information shall be turned into the COR when the marking has been completed on each unit.

E. SKYLINE PROFILES

Logging system profile data will be collected in accordance with the profile plan and instructions provided by the Forest Service in the technical specifications.

F. CONTRACTOR SUPPLIED EQUIPMENT AND TOOLS

Contractors shall furnish equipment, labor, and tools necessary for compliance with field procedures herein. Suggested items include, but are not limited to the following:

1. Paint guns

2. Azimuth compass with declination setting of 14o E

3. Tatums and/or traverse books

4. String box or 100’ tape

5. Relaskops or prisms

6. Indelible ink markers or grease pencils

7. Diameter tape

8. Clinometer with percent scale

9. Loggers’ tapes

10. Flagging; solid blue and pink/black stripe

11. GPS equipment and TwoTrails (version 2 or Android) software

12. Staple hammer with staples for boundary signs and profile tags

G. GOVERNMENT SUPPLIED EQUIPMENT AND TOOLS

1. Tracer paint

2. Work maps, Marking Guidelines, and Skyline Profile Analysis

3. Latitudes and longitudes of profiles

4. Skyline Road Profile Data Sheets

5. Profile tags

6. Aerial photos or color copies

7. GPS data

8. Unit boundary signs

9. Paint MSDS sheets

H. ABBREVIATIONS

The following abbreviations should be used for data collection and notes associated with all Pay Items:

PP – ponderosa pine T – tractor WL – western larch S – skyline DF – Douglas-fir E - excaline LP – lodgepole pine C – western redcedar GF – grand fir S – Engelmann Spruce AF – subalpine fir H – western and mountain hemlock

This sounds weird and not sure what you are wanting go say?

I think we can delete this whole section.

CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the Contracting Officer.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the COR. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediately to the CO or COR.

Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Montana State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

(k) The Contractor shall request a camping permit from the COR for each area in which the contractor’s crew plan on camping within the National Forest boundary. Contractor’s activities and camping will be subject to F11-005-Lolo- Forest, Food/Wildlife Attractant Storage Special Order. A copy of the Forest Order can be found at the following link: https://www.fs.usda.gov/detail/lolo/alerts-notices/?cid=stelprdb5287870.

https://www.fs.usda.gov/detail/lolo/alerts-notices/?cid=stelprdb5287870 Mitchell, Tami L -FS What about Redd Bull?

Deleted the sale name reference.

CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations -http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018)

(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 Governmentwide 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 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.

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

This statement is opposite of the statement below regarding cleaning up of camp sites.

(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.

(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.

(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 at 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.

(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 32.608-2 of the Federal Acquisition Regulation 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.

(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 Use 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.

ADDITONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

A. CONTRACTOR QUALITY CONTROL

Contractor shall maintain a Quality Control system outlining how quality of work will be monitored, supervision of crew and work, and personnel who will be performing the quality control. In addition, the Quality Control Plan must ensure: (1) monitoring of quality is timely, consistent, and accurate, (2) problems are resolved quickly and effectively, (3) safety is maintained, and (4) paint is accountable at all times.

B. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Unacceptable performance occurs when the contractor performance fails to meet stated performance standards. The government will not pay for unacceptable performance. The COR will document unacceptable performance by providing a signed Notice of Noncompliance to the contractor and Contracting Officer, keeping the original for his/her records. When unacceptable performance is observed, the COR will meet with the Contractor to ensure the Contractor is aware of the unacceptable service. The contractor may re-perform the work, if deemed possible, or a price deduction will be taken from any payments due the contractor. The Government’s assessment of the work does not relieve the Contractor of its responsibility to provide a quality control inspection system.

The government will inspect each unit prior to acceptance for payment to determine if the requirements of the contract have been satisfactorily met. Satisfactory performance is defined as:

1. Layout Inspection: Boundary layout will be inspected based on formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of five (5) percent of the total distance of the treatment unit will be inspected. Compliance to layout guidelines and unit card data will be reviewed. This will constitute a minimum inspection for determining satisfactory performance.

2. GPS Traversing Inspection: GPS Traversing will be accepted based on formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of five (5) percent of the total distance of the treatment unit will be inspected. This will constitute a minimum inspection for determining satisfactory performance. The Government inspector will check traverse stations, hand traverse raw data, sketch maps and GPS point features and walk files. Failure to meet the required minimum standards shall require rework.

3. Boundary Painting Inspection: Boundary painting will be accepted based on formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of five (5) percent of the total distance of each unit will be inspected. This will constitute a minimum inspection for determining satisfactory performance.

The Government inspector will check boundary signs, line locations, boundary paint, pacing between signs and painted trees, stump marks and tracer paint. Payment for boundaries will be based on horizontal distance of actual painted boundaries meeting requirements. Failure to meet the required minimum quality shall require rework.

4. Tree Marking Inspection:

a. Tree marking will be accepted on the basis of formal and/or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector.

The inspection shall be made on a minimum of 3 sample plots per unit.

b. Painted trees will be tested for use of tracer paint.

c. At each inspection plot, the inspector will determine the following:

i. Total number trees on the plot

ii. Optimum number of trees with desirable characteristics to be left, based on marking guidelines (basal area requirements in marking guide)

iii. Number of trees marked

iv. Excess number of trees left

v. Insufficient number of trees left

vi. Number of errors in paint application

vii. Determination of Tree Marking Accuracy: The total number of incorrect trees by marking guide elements, divided by the total number of optimum number tallied trees on the inspection will determine the percentage of unsatisfactory work. 100% minus percentage unsatisfactory work = percent satisfactory work. Acceptable work will meet an accuracy level of at least 90%.

# of incorrect trees ----------------------------- X 100 = % Unsatisfactory work optimum tallied trees

100 - % Unsatisfactory work = % Satisfactory work

5. Skyline Profile Inspection: Profiles will be accepted based on formal or visual inspection by the

Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of ten (10) percent of the profiles will be inspected. This will constitute a minimum inspection for determining satisfactory performance. The Government inspector will check line locations, station locations, slope measurements, and station identification for accuracy. Failure to meet the required minimum quality shall require rework. Minimum quality shall meet the following tolerances:

a. Starting location less than 50 feet from lat/long provided for each profile

b. Azimuth of profile followed with less than 5o deviation throughout length of profile

c. Stations within 10 feet of required locations

d. Slope measurements within 10% accuracy

e. Tree diameters within 2.0” accuracy

f. Incorrect station identification, tree species identification and failure to record existing road prisms shall constitute rework.

6. All handwritten work will only be accepted if completely legible. This includes, but is not limited to paperwork, information on ribbons, stakes and trees. After completing a unit or profile, all data for that unit must be submitted to the COR or designated inspector.

7. The Contractor shall notify the Contracting Officer when work commences and shall keep the Contracting Officer informed of any changes in the Contractor's work schedule.

C. UNSATISFACTORY WORK

If the percentage of satisfactory work falls below the required percent quality, a notice of noncompliance will immediately be issued notifying the Contractor in writing of the deficiency and order him or her to improve the quality. The Contractor will be required to revisit the work sites to bring them up to the required quality within four consecutive workdays after receipt of the Notice from the Contracting Officer’s Representative of unsatisfactory work, or the Contracting Officer may terminate the Contractor’s right to proceed and consider the contract to be in default. Repeated failure to perform work at the required quality or within the required timeframe may also be considered cause for contract termination and default action.

PREWORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

SAFETY

A written safety plan shall be provided to the Forest Service specifying the Contractor's plans on how to minimize hazards to their employees. The plan shall include required personal protective equipment. The plan shall meet requirements of OSHA for a job specific safety plan.

a. Paint: Tree marking paint is a hazardous material. A Material Safety Data Sheet (MSDS) containing information about tree marking paint will be provided by the Government. Paint MSDS are available to prospective Contractors upon request.

b. Terrain: Steep slopes, rock bluffs, and outcrops are located throughout the contract area.

Contractor will inform his employees of these hazards to ensure proper footing and other factors generated by this safety hazard.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service.