b.final_solicitation.doc

UMA/WAW Mechanical Fuels Contract

1204M318Q0051

OF

Offeror to complete blocks 12, 17, 23, 24, & 30

LOCAL TIME 4:30 PM

INFORMATION CALL

Annie Pollock, Administrative Kristen Marshall, Technical (541)969-3554 (541)676-2130 April 17, 2018

10. THIS ACQUISITION IS

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UNRESTRICTED

SET-ASIDE. _100_% FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

1550 DEWEY AVENUE, SUITE A

BAKER CITY, OR 97814

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8(A)

UNDER DPAS (15 CFR 700)

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SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

Same as Block 9

FACILITY CODE

PO Box 66527

St. Louis, MO 63133

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

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

UMA/WAW Mechanical Fuels IDIQ 2018

THIS IS A MULTIPLE AWARD INDEFINITE- DELIVERY/ INDEFINITE-QUANTITY CONTRACT. A MINIMUM OF $2,500 AND AN AGGREGATE MAXIMUM OF $5,000,000 MAY BE CONTRACTED OVER A FIVE YEAR CONTRACT PERIOD.

INDIVIDUAL TASK ORDERS WILL BE ISSUED FOR VARIOUS ITEMS. PERFORMANCE SPECIFICATIONS MAY VARY BY TASK ORDER.

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

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Andrea Pollock

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

Detailed project information for each line item is included in the attachments. Please fill out the task order forms as well as the line items total amounts above.

MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of the aggregate for all contracts together shall not exceed $4,999,999.99 .

STANDARD FORM 1449 (REV. 4/2002) BACK

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

PERFORMANCE WORK STATEMENT

Introduction and Background – The Wallowa Whitman and Umatilla National Forest have historically contracted for services to mechanically alter ground and ladder fuels such as understory tree densities, harvest slash and down woody debris through the use of mechanical thinning, mastication (slash busting) and grapple piling of those materials. Historically, this has been accomplished using site specific contracts or has been accomplished utilizing task orders on similar Indefinite Delivery/Indefinite Quantity contracts. The intent of this contract is to secure services for those items mentioned above for a time period of up to 5 years at locations throughout the Wallowa Whitman and Umatilla National Forests and the Vale BLM, Baker Resource Area. Districts that may provide future task orders for one or more of the above mentioned items include: On the Wallowa Whitman National Forest-Whitman RD, LA Grande RD, Wallowa Valley RD, and on the Umatilla National Forest- Walla Walla RD, Heppner RD, Pomeroy RD, and North Fork John Day RD. Task Orders for specific work items may be placed against this contract using the prices in the Schedule of Items through award of the initial task order(s). Future task orders will be competed unless an exemption applies.

The Contractor shall furnish all labor, supervision , equipment, materials, transportation, supplies (unless specified elsewhere as Government-furnished), and incidentals required to accomplish specified work, including contractor quality control, in compliance with the terms, specifications, and provisions of the contract.

Project Location – Projects will occur on lands administered by the Wallowa Whitman National Forest, Umatilla National Forest, and the Vale BLM, Baker Resource Area. Specific treatments for each unit and unit locations will be identified on detailed information sheets attached to future task orders. All districts within the Wallowa Whitman and Umatilla National Forests of the Blue Mountain Acquisition Management Area and the Vale BLM, Baker Resource Area may issue task orders to be competed under this contract.

Units will range from sagebrush/grassland with juniper stands to mostly pure ponderosa pine stands to mixed conifer stands. Material to be treated is generally composed of timber litter, harvest and thinning slash and small trees in the understory. Fuel loading amounts vary but are estimated at 0 to 4 feet in depth, and have an estimated total of 10-50 tons/acre with occasional units having higher fuel depths and heavier loadings (units normally average 15-30 tons/acre). Treatment units may be located on any aspect and range in elevation between 1500 and 8000 feet. Treatment unit slope varies from 0 to 35%.

Maps, with detailed access information to treatment units and Detailed Unit Information Sheets will be provided with the Task Orders. All treatment units will be marked with boundary tags with unit name and number and ribbon (color and/or identification markings will be designated in the Task Order).

Accessibility – Most work areas may be reached by standard two-wheel drive pickup during normal operating seasons. Some units however may require a four-wheel drive vehicle for access or may be behind closed or blocked roads. Occasionally, units may not be immediately accessible from a road and will require a short “walk” through another unit to access. Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the government.

The Contractor(s) may request entry on cooperative road closures or other road closures through the appropriate district office. Approval for use of closed roads in the project(s) area will be determined on a case by case basis by the District Ranger/Manager.

Desired Outcome – The expected result of this project is to reduce, mechanically alter, or mechanically pile fuel loadings from; 1) slash created by commercial harvest and pre-commercially thinned units, 2) natural build up of woody debris on the forest floor, and 3) hazardous live fuels (ladder fuels). The end result of activities performed under this contract would produce areas where a wildfire (should it occur) may be contained quickly, provide greater safety for firefighters, and produce less damage to natural resources.

Material may be grapple piled to allow for future burning of that material. Slash busting/mastication may occur to lower depth of the fuel bed and alter fuel particle size to modify wildfire behavior and allow for a higher rate of natural decomposition. Mechanical thinning will reduce stand density and the likelihood of fire reaching the overstory canopy resulting in a crown fire.

Desired outcome will vary by unit. Specific information on requirements will be given in the Detailed Unit Information Sheets attached to each task order submitted. The following information will be considered base level treatment that may change with each task order or by unit. For example, future task orders may change materials to be piled, residual fuel loadings after piling, desired piece size for mastification, and/or give more specific direction on work to accomplish. If different specifications are not given for a unit in the detailed information sheet attached to a task order, the specifications given below shall govern.

Required Service – To produce the Desired Outcome of this contract, depending upon the Contract Item ordered, the contractor shall:

Grapple Piling

The contractor shall treat (pile) material from 2 to 9 inches in diameter and over 6’ in length. Treatment units shall be piled so that residual fuel loading (after piles are burnt) is a maximum of 7 - 9 tons per acre of material in the 2 to 9 inch diameter size classes. Some bucking of logs may be required.

Pile Requirements

1. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees.

2. Piles shall be located such that overstory canopy does not exist above the pile. Larger piles shall be constructed in areas with wider spacing or overstory trees are of a large diameter to prevent scorch from pile burning in the overstory canopy.

3. Pile height shall be 5 feet minimum and 15 feet maximum.

4. Pile diameter shall not exceed 20 feet and pile diameter shall not exceed twice the height of the pile.

5. Nothing shall protrude more than 5 feet outside of the perimeter of a pile.

6. Tree boles (trunks) and large diameter limbs should be aligned parallel to each other within at least 75% of the pile.

7. Piles shall not be placed on large or tall stumps, down logs greater than 12 inches (small end diameter), or large rocks.

8. Piles shall not be constructed in roads, ditches, meadows, grass “scablands” or channel bottoms.

9. Piles shall contain minimal amounts of soil or rocks.

10. Piles shall be compacted (smashed down) to minimize air space and assist with protection of the debris from penetration by precipitation prior to burning.

Slash Busting/Mastication

The contractor shall mechanically masticate and scatter both natural fuels and activity generated fuels so that the resulting fuel bed is no greater than 1 foot in depth. Down woody material (logs) greater than 12” in diameter at the small end shall be left untreated. The contractor shall avoid operations that would result in penetration of the duff layer and contributing to exposure of mineral soil. The contractor shall treat 90% of all material within the unit that is within treatment size specifications. End result of treatment should result in the following piece sizes.

Required treated piece size of masticated material

Specifications for end product desired may change dependent upon future task order specifications.

Mechanical Thinning with Slash Busting/Mastication

The contractor shall mechanically thin/masticate trees in excess to management plans. The technical specifications are based on the overall composition and condition of the stand, and are intended to be guidelines for achieving a high quality final product in a professional manner. Contractor is expected to use silvicultural knowledge to identify and adjust to variations within the stand.

A. Contractor shall always leave the following trees and disregard them for spacing purposes:

a. Leave all trees exhibiting visible wildlife denning or nesting use. Should an active hawk, eagle or pilleated woodpecker nest be located, work shall be discontinued within 500 feet of the nest-tree until the CO has been notified and has authorized resumption of work.

b. Leave all dead trees, except as indicated on the detailed unit information sheet, unless these trees pose a safety hazard to workers in the area.

c. Leave all trees with fencing attached.

d. Leave all trees that are signed/marked as Wildlife Trees or Habitat.

B. Contractor shall leave all Conifers that are larger than the maximum cut DBH of 7” or as specified on the Detailed Unit Information Sheets, and shall include these trees for spacing purposes.

C. Contractor shall select additional leave-trees, from those live conifers at least 18” tall and up to maximum cut DBH, to achieve average spacing of 16’ x 16’ or as specified in the Detailed Unit Information Sheets.

a. Leave-trees shall be the healthiest, most vigourous, and best-formed trees of the preferred species in the stand, as evidenced by the tallest height, largest crowns and crown ratios, straightest stems, and the least amount of damage or disease.

b. The leave-tree spacing is an average and shall be varied up to 25% (wider or tighter) to leave the most desirable trees. It is more important to leave the best trees, than to have uniform spacing. Averaged over the stand, leave tree spacing shall not be materially increased or decreased from what is specified in the Detailed Unit Information Sheets.

c. Leave trees shall be selected within the order of species preference as listed below in Section D. This order of preference only applies if the trees are free of damage or defect. In most cases tree vigor will help you determine which trees will best inhabit the site.

d. Where undamaged trees are not available, select leave-trees with the least amount of damage.

e. Species preference compensates somewhat for minor differences in size or quality. For example, a smaller but otherwise equal quality ponderosa pine which is 2/3 the height of Douglas-fir should be left rather than the Douglas-fir. A western larch with minor bole damage would be prefered over an undamaged grand fir.

D. Selection of leave trees will be made in following priority order or as specified in the Detailed Unit Information Sheets:

Ponderosa Pine, Western Larch, Douglas-fir, Engleman Spruce, Lodgepole Pine, and Grand fir.

E. All Juniper trees under the maximum dbh shall be cut regardless of spacing, unless otherwise specified in the Detailed Unit Information Sheets.

F. Trees shall be completely severed from the stump. Trees shall be cut below the lowest live limb, except when prevented by obstacles. Stump height shall not exceed 8” above ground level except when prevented by natural obstacles; in which case stump height shall not exceed 4 inches above the natural obstacle.

Slash Busting/Mastication (as defined above) will be performed concurrently with the mechanical thinning. The silvicultural prescription shall be applied by the operator while performing the work. Specifications for desired end product may change from the above dependent upon future task order specifications.

Non Specific Requirements for all Services

1) Contractor shall exercise extreme care to prevent damage to leave-trees. Protect residual trees from damage and scarring as a result of contract operations

2) Equipment shall not operate on slopes greater than 35%.

3) Machine operations shall be conducted in such a manner as to minimize additional soil disturbance or compaction. Generally no more than 10% of the soil within the project area may not be disturbed. Detailed Unit Information Sheets may alter this percentage depending upon unit requirements.

4) Equipment shall operate on existing skid trails or slash mats generated by harvesters to the extent practicable.

5) Refueling, maintenance, and repair shall be done at landings or forest roads where practicable.

6) Equipment shall not cross or operate in meadows, stream channels, Riparian Habitat Conservation Areas (RHCA’s), or other non-work areas without approval of the COR.

7) Mechanical equipment shall not operate within 100 feet of Class 4 Streams and no operations shall occur within 300 feet ft of Class 1, 2, or 3 Streams unless otherwise specified in the Detailed Unit Information Sheets.

8) Contractor shall suspend work if soil moisture levels subsequently exceed standards and guides due to adverse or unusual weather conditions.

9) Retain (do not pile or masticate), if available on site, eight wildlife logs per acre (whole tree boles per acre), generally distributed throughout the area. Wildlife logs are defined as any down log greater than 12 inches in diameter on the small end and at least 8 feet in length.

10) Contractor shall exercise extreme care to prevent damage to all physical improvements (fences, telephone lines, established land corners, buildings, ditches, etc.) on the contract area. Contractor shall be liable for damage to physical improvements and shall make immediate repairs to damaged physical improvements.

11) Open roads shall be kept free of mastification or piling debris. This includes road surface, cut banks, roadside ditches, and culverts.

12) No piles shall be left within 10 feet of any physical improvement.

13) Contractor shall notify the COR when a unit is complete before moving out of the general area.

Equipment Specifications - All mechanical equipment proposed for use on this contract shall meet the following specifications:

1) Ground pressure not exceeding 6.5 pounds per square inch

2) Climbing/working ability up to 35 % slope

3) Capable of moving within stands without damaging leave trees

4) Effective arm reach of 25 feet minimum

5) Ability to masticate fuels to desired specifications

6) Ability to grapple pile fuels to desired specifications

7) Ability to perform work from existing skid trails or slash mats.

8) Operator cab, engine and arm shall be able to rotate 360 degrees

9) Non leaking fluid systems

Traffic Control - All equipment will be contained within the project boundary. It is deemed unnecessary to provide traffic control in the project area. Signs warning of flying material shall be placed on adjacent roads while mastication machines are in operation.

Definitions

a) Average Tree Spacing - The distance in feet between leave trees as defined in specifications provided with the issued Task Order.

b) Bucking - The cutting of down trees or logs to a designated length.

c) Codominant Trees - Trees with crowns forming the general level of the crown canopy and receiving full light from above, but comparatively little from the sides, usually with medium-sized crown more or less crowded on the sides.

d) Calendar Days – Every day shown on the calendar, Sundays and holidays included.

e) Class 1, 2 and 3 Streams: Those perennial and intermittent streams which support anadromous fish and/or resident fish.

f) Class 4 Streams: Those ephemeral streams with a definite channel which serve as a cold water source for class 1, 2, and 3 streams.

g) Contracting Officer - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of his authority.

h) Contracting Officer's Representative - the COR is the on-site Contract Administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

i) Crown Spacing - Spacing is measured between the outer edges of the tree crowns. Detailed Unit Information Sheet lists the minimum acceptable crown spacing.

j) Cut Trees - Trees within the minimum-maximum cut range as defined in the Detailed Unit Information Sheet that are not selected as leave tree.

k) DBH (Diameter Breast Height) - Outside diameter of the tree stem at a point 4-1/2 feet above uphill side of the tree.

l) Deficient Trees - Those trees cut which should have been left to maintain average spacing requirements as determined by inspection.

m) Dominant Trees - Trees with crowns extending above the general level of the crown canopy and receiving full light from above and partially from the side. They are larger than the average trees in the stand and have dense crowns which are comparatively wide and long.

n) Excess Trees - Any remaining tree that should have been cut as determined by inspection.

o) Healthy Tree - A healthy tree is one that is undamaged due to defects or deformity resulting from agents such as wind, snow, animals, insects, diseases, or equipment.

p) Leave Tree - Those trees left uncut to meet the average spacing requirements and trees over the maximum cut size specified in the Detailed Unit Information Sheet.

q) Mastication - The chipping, shredding, or mulching of woody material to a desired piece size.

r) Noxious weeds - Any exotic plant species established or that may be introduced in the State which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the appropriate County Weed Board or by other appropriate agencies having jurisdiction.

s) RHCA – Riparian Habitat Conservation Area

t) Slash - The term "slash" means all vegetative material, including cull logs, tops, damaged or destroyed reproduction, saplings, or poles which were created or disturbed by any type of vegetative cutting, mastification, clearing construction, or cultural treatment. Any portions of trees or snags that were previously felled are considered to be part of the slash; also woody material on the ground killed by insects, disease, or natural causes.

u) Suppressed Trees - Crowns are entirely below the general level of dominant and codominant trees and are physically restricted from immediately above.

v) Surface Fuels – All down woody debris and activity generated slash lying on the ground suface. This does not include stumps or live vegetation.

w) Thinning Slash - The term "thinning slash" means all vegetative material including stems, limbs, branches, damaged brush, damaged or destroyed reproduction, saplings, or poles which were created or disturbed by Contractors thinning.

x) UMA - Umatilla National Forest

y) WAW - Wallowa Whitman National Forest

z) Wildlife Trees - Wildlife trees are marked with an orange band or orange 'W' and/or may be tagged with a wildlife tree tag.

aa) Wildlife Log - A log with minimum measurements of 12 inches diameter and 8 feet long.

NOXIOUS WEED CONTROL

All equipment to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest lands. The requirement shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter National Forest lands.

CONTRACTOR QUALITY CONTROL 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. When requested the Contractor shall provide copies of inspection documents and written certification that:

a. Each unit was satisfactorily completed.

b. Thinning and/or slash treatment was completed in accordance with the contract standards.

c. Inspection results accurately reflect the work accomplished.

The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Acceptable Quality Levels

Government Monitoring Method for Grapple Piling The Government will conduct visual inspections of each unit to determine work quality and may make periodic inspections while work is in progress. Each unit will be verified separately and inspection results on one unit will not be averaged with those of the other units. If the work quality is determined to be better than 90 percent, payment will be made at 100 percent of unit price, less any deductions. In the event visual inspection indicates that work quality is less than 90 percent and the operator will not rework the unit voluntarily then an inspection of the unit will be done on a series of 1/20-acre plots randomly placed and covering at least a 1 percent sample of the unit. Each plot will be examined to determine if the intent of the contract has been met. Plots will be determined to be either, in, or not in, compliance with the conditions listed below.

After completion of a unit, the Government will inspect to determine compliance with the contract standards for 1) residual fuel loadings and 2) pile characteristics.

1. Residual Fuel Loading – The remaining non-piled slash will be compared to the photos on page 42 in “Photo Series for Quantifying Forest Residues in the: Ponderosa Pine Type, Ponderosa Pine and Associated Species Type, and Lodgepole Pine Type.” USDA Forest Service General Technical Report PNW-52 (1976).

If there is disagreement between the Government and the Contractor on meeting residual fuel loading specifications, the Government will establish plots as referenced above to compare with the actual tonnage figures established in USDA Forest Service General Technical Report PNW-52 (1976) for the photo referenced above.

Slash treatment quality must be 90% or greater for Government to continue inspection.

2. Pile characteristics – A sampling of piles (minimum of 5% of the total unit acreage) may be individually inspected for the following:

Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Are the tree boles (trunks) and large limbs aligned parallel to each other in the majority of the pile? Is the pile compact? Does the pile contain a minimal quantity of soil or rocks? Is there material protruding from the pile?

Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope? Is there other combustible material with ignition range of the pile?

Location and Pile Size – Does pile size and location provide sufficient spacing from residual trees to prevent damage from burning of the pile?

Any pile not meeting the above characteristics would be considered not in compliance. The piling quality percentages will be determined by:

Total # of Piles Taken

Piling quality must be 90% or greater for Government to continue inspection.

Government Monitoring Method for Slash Busting/Mastication

The Government will conduct visual inspections of each unit to determine work quality and may make periodic inspections while work is in progress. Each unit will be verified separately and inspection results on one unit will not be averaged with those of the other units. If the work quality is determined to be better than 90 percent, payment will be made at 100 percent of unit price, less any deductions. In the event visual inspection indicates that work quality is less than 90 percent and the operator will not rework the unit voluntarily then an inspection of the unit will be done on a series of 1/20-acre plots randomly placed and covering at least a 1 percent sample of the unit. Each plot will be examined to determine if the intent of the contract has been met. Plots will be determined to be either, in, or not in, compliance with the conditions listed below.

After completion of a unit, the Government will inspect to determine compliance with the contract standards. Units will be considered acceptable if the following conditions are found:

· Resulting height of surface fuels is no greater than 1 foot in depth over 90% of the project area.

· Slashing debris is not found on open road surfaces

· No debris longer than 2 feet is found suspended above the ground by a leave tree, whether the leave tree is dead or alive.

· Piece size of treated materials meets specifications that are given for maximum length over 90% of the unit area.

Government Monitoring Method for Mechanical Thinning with Slash Busting/Mastication

THINNING:

The Government will conduct inspections of each unit to determine work quality. Intial inspections will consist of a 100% visual inspection and will be based on adherence to the specific tasks listed in the contract or Detailed Unit Information Sheets. The Government will also install a series of circular plots. Plots will be randomly located throughout each unit to obtain a representative sample of the work. Plot size is 1/20th of an acre.

The following data will be collected on each plot:

a. Number of trees that should have been left to meet spacing.

b. Number of trees that were left.

c. Numbers of satisfactory leave trees.

d. Number of deficient trees (see definitions)

e. Number of excess trees.

The following deficiencies will be considered excess trees for determining performance quality:

A:

Trees not completely severed from the stump or not severed below the lowest live limb, except when prevented by obstacles (eg. Rocks, boulders)

B:

Stump height exceeding 8” above ground level or 4 inches above obstacles

C:

Live limbs below the cutting point of tree where possible to remove.

D:

Trees fell into leave-trees, roads, established trails, cultural resource sites, stock driveways and other physical improvements and not removed from those sites

E:

Trees that are not properly treated in accordance with slash requirements.

When Slash Busting/Mastication occurs simultaneously with thinning, inspection of the Slashbusting/Mastification of slash will be done in conjunction with the thinning inspection. Specifications and inspection methods for Slashbusting/Mastification are given in prior specifications.

MEASUREMENT AND PAYMENT

Measurement

a) All units of measure have been calculated using a GPS system or GIS system.

b) Re-measurement Upon Contractor’s Request: The Contractor may request (in writing) the re-measurement by the Government of any pay item. If re-measurement determines a variance of 5 percent or less, adjusted to the nearest whole acre, the Contractor shall pay the cost of re-measurement and no adjustment will be made in the acreage. If re-measurement determines a variance of greater than 5 percent, adjusted to the nearest whole acre, the Government will pay the cost of re-measurement and payment will be based on the re-measured acreage.

Disincentives for Meeting or Not Meeting the Performance Standards (Grapple Piling and Slashbusting/Mastification)

It is the intent that after the worked performed on this contract is completed; the stand will be stocked at the optimal level of trees per acre. Mechanical damage to leave trees would negatively affect future stand conditions. Inspection for residual tree damage will be accomplished by visual inspection of each unit. In the event visual inspection finds excessive damage, the Government will establish plots as referenced above.

The plots will be inspected and information recorded as indicated below.

Total number of residual trees

Damage in excess of 10 percent will be deducted from payment using current market rates for timber.

Disincentives for Meeting or Not Meeting the Performance Standards (Mechanical Thinning with Slashbusting/Mastification)

It is the intent that after the worked performed on this contract is completed; the stand will be stocked at the optimal level of trees per acre. Excess trees and mechanical damage to leave trees would negatively affect future stand conditions.

Residual Tree Damage Inspection

Inspection for residual tree damage will be accomplished by visual inspection of each unit. In the event visual inspection finds excessive damage, the Government will establish plots as referenced above.

The plots will be inspected and information recorded as indicated below.

Total number of residual trees

Damage in excess of 10 percent will be deducted from payment using current market rates for timber.

Thinning Inspection

After inspection of all plots for a unit, the performance quality of thinning shall be calculated as follows:

Total number of trees that should have been left

Quality below 90% will be deducted from payment (see payment clause). When inspection results are below 90%, and excess trees constitute any part of the deficiency, payment will not be made until the deficiency has been corrected by the Contractor. Reinspections, after rework, will be made in the same manner as the first inspection, but on different plot lines. The Contractor shall pay for inspections necessitated by the rework.

If original inspection results are unacceptable to Contractor and a second inspection is requested without rework, the same inspection procedure will be used following a different plotline. If the second inspection shows less than 5% variance from the first inspection, the Contractor shall pay the cost of the second inspection, and results of the second inspection will be used in determining payment. Reinspection requests shall be in writing and submitted within three (3) calendar days of the original inspection notification.

Payment

After inspection of completed acreage, the Contracting Officer’s Representative will calculate the pay rate. The pay rate will be calculated by multiplying the unit price per acre times the number of acres inspected and accepted. Payment is based on the completion of the unit. Deductions will be made in accordance with the Government’s Quality Assurance Surveillance Plan.

1) Final Payment will be made on the basis of the number of acres completed and the inspection percentage as determined by the Contracting Officer. Acceptance of the work will be determined by an inspection of each unit, and will be based on the Government’s Quality Assurance Plan.

2) Payment will be made for units that are inspected and accepted as meeting contract standards. Deductions from final payment will be based on residual tree damage, slash treatment quality, and for thinning performance quality.

3) Slash treatment that is performed at the same time as the mechanical thinning will be inspected simultaneously with the thinning work. If satisfactory treatment of slash is found, but thinning performance quality is less than 90%, payment will be made at the rate as follows:

Calculation of Payment for thinning-Plot Inspection

a. After inspection of completed acreage, the Contracting Officer will calculate the pay rate.

b. The pay rate will be calculated by multiplying the Performance Quality percentage times the contract unit price per acre. When the percentage of satisfactory performance thinning is 90% or greater, payment will be made at 100% of the contract unit price.

c. When the thinning Performance Quality percentage falls below 90%, payment shall be made by multiplying the actual percentage rate received in the Contracting Officer’s inspection(s) of the unit by the unit price(per acre price), and then by the number of acres within the unit. (example, thinning treatment is determined to be 80% acceptable after inspection on a 50 acre unit: payment for thinning would be 80% multiplied by unit per acre price multiplied by 50 acres)

d. If inspection finds that slash treatment does not meet contract specifications after inspection, and the contractor is unwilling to rework the unit to meet specifications, payment will be made at the actual percentage of the unit that meets specifications multiplied by the per acre price.

e. If thinning and slash treatments both are below the 90% full payment clause of the contract, and the contractor is unwilling to rework the unit to meet specifications, payment will be made based on the lower percentage of either thinning or slash treatment.

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

(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.

(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 as fixed by the Secretary until the amount is paid.

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

(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…