b.final_solicitation.doc

Solicitation No. 1204M319Q0035

Dated 04/10/2019

LOCAL TIME 4:30 PM

INFORMATION CALL

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

38470 Pine Town Lane Halfway, OR 97834

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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

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 – ALL INVOICES SHALL BE SUBMITTED VIA IPP.GOV

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Wallowa-Whitman Timber and Boundary Marking IDIQ

See attached for estimated quantities

DUNS No. _______________________________

(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, Contracting Officer

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

1. - BASE YEAR May 1, 2019 to April 30, 2020 (TRACTOR BASED, EXCEPT SUB-ITEM 9)

SUB-ITEM

NO.

SUPPLIES AND

SERVICES

DESCRIPTION

ESTIMATED

QUANTITY

PRICE

TOTAL

PRICE

2. SECOND YEAR May 1, 2020 to April 30, 2021 (TRACTOR BASED EXCEPT SUB-ITEM 9)

SUB-ITEM

NO.

SUPPLIES AND

SERVICES

DESCRIPTION

ESTIMATED

QUANTITY

PRICE

TOTAL

PRICE

3. - THIRD YEAR May 1, 2021 to April 30, 2022 (TRACTOR BASED EXCEPT SUB-ITEM 9)

ITEM

NO.

SUPPLIES AND

SERVICES

DESCRIPTION

ESTIMATED

QUANTITY

PRICE

TOTAL

PRICE

This solicitation and resulting contract is a 3-year, single award, pre-priced, Indefinite Delivery/Indefinite Quantity (IDIQ) contract.

The Government has identified five Sale Areas for presale services on the Wallowa-Whitman National Forest (WMO, Whitman and La Grande Ranger Districts). It is anticipated that funding will be available for all the work on these units. Currently, the Government does not have completed marking guides or the treatment areas, which identifies the exact work needed for the units. The Government will place task orders based on funding, prescription, and priorities of the Government. The unit pricing listed in the schedule of items shall be the unit pricing used on the task orders. The Contractor shall be paid for actual work required and done per task order.

Offerors are encouraged to visit the work area that will be designated on each task order.

Access to some work units may require a walk-in distance of up to 3 miles round trip. Offerors shall provide prices to compensate for extra time when walk-in round trip exceeds 1 mile.

Price Increase for Traversing, Boundary Posting and Painting

Minimum and Maximum Contract Amounts (AGAR 452.216-73) (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000.00, but not in excess of $500,000.00.

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

PERFORMANCE WORK STATEMENT

The contractor shall provide any and all labor, equipment, supplies, services, permits, and licenses necessary to perform portions of an estimated Forest effort of acres/increments per year, over a 3-year period

a. Dominant & Codominant Trees exhibiting good quality indicated by a straight bole, full symmetrical crowns, small branch size, horizontal branching, good vigor, and good growth rate, and free of observable insect and disease disturbance agents.

b. Healthy Foliage - Foliage shall be dense, dark green in color, and with a full crown covering one-third or more of the tree.

c. Straight Bole - The bole or stem of the trees shall be relatively straight.

d. Prolific Cone Producers - Trees producing seed, as evidenced by the presence of many cones on the tree and/or shed at their base.

e. Insects and Disease - Trees will be free from insect infestations and disease.

2. LESS DESIRABLE LEAVE TREES - When the prescribed stocking level of acceptable leave trees cannot be achieved with trees that possess the most desirable characteristics, the Contractor shall select trees with less desirable characteristics in the priority listed below.

a. Physical Damage - Trees with physical damage from fire, animals or weather on less than one-half of the circumference and/or less than three feet of the length of the bole.

b. Forked Trees - Trees with forks occurring above 34 feet of the ground.

3. OTHER LEAVE TREES - Other leave trees are those trees which shall be left for other than timber management purposes as specified in the Supplemental Information Chart or the Marking Guidelines.

4. BASAL AREA REQUIREMENT TREES

Trees that do not meet “most or less desirable leave tree” criteria shall be included in the stocking level only if needed to meet the basal area per acre specified for a site, unless otherwise specified in the Marking Guidelines. In addition, wildlife trees shall be included in determining residual BA, only if specified in the Supplemental Information Chart.

5. WILDLIFE TREES

Only trees meeting criteria “a” described below shall unconditionally be designated as a leave tree. Any tree or group of trees meeting criteria b - e described below shall be kept as a leave tree only if needed to meet the requirements specified in the Supplemental Information Chart or the Marking Guidelines for an individual site/inclusion provided with a task order. Wildlife trees shall be counted for meeting BA requirements only if so stated in the “General Marking Guides” section of the task order.

a. Active Raptor Nests – Trees with evidence of active raptor nests shall be mapped and reported to the COR. All marking in that unit should temporarily cease, pending decision by the COR to continue or modify operations. Definitions and descriptions of such sites and species and reporting requirements will be discussed at the pre-work meeting.

b. Live trees with evidence of wildlife nesting, caching or cavity creating activities.

c. Wildlife Tree Groups – If snag recruitment is required, groups of live and/or dead trees may be left around individual trees with evidence of wildlife activity mentioned in part “b” above.

d. Snag Recruitment - If leaving live trees for snag recruitment, the contractor shall select live trees, a minimum of 10 inches DBH; with flat, broken, or dead tops; lightning scars; fire damage; extensive rot; and sometimes healthy trees.

e. Turkey Roost Sites – If roost sites are required, provide at least two to six turkey roost sites per section (1 square mile of land). Emphasis shall be on the upper one third of east facing slopes, if available, or where evidence of turkey roosting is found. These areas shall be mapped by the contractor and the map provided to the COR.

6. BEARING & WITNESS TREES - Trees that can be identified as bearing or witness trees shall be marked by painting a band (paint color will be identified in the Supplemental Information Chart), 3 inches in width, around the entire tree at or above eye level. The letters "BT" shall be painted, at DBH, on the side opposite the one presenting the bearing tree sign. No paint shall be allowed on the bearing tree sign. Stump marks shall also be placed on bearing and witness trees. Bearing & witness trees shall be marked regardless of unit being designated LTM or CTM, mapped by the contractor, and the map provided to the COR.

7. SUPERIOR TREES - Trees that can be identified as superior trees, shall be evidenced by a 3 inch wide band of orange paint around the entire tree at DBH and exhibiting an aluminum tag with a number marked on it, shall be marked (paint color will be identified in the Supplemental Information Chart) with a bole and stump mark. Care shall be taken not to paint over evidence of white paint or the aluminum tag. Superior trees shall be marked regardless of unit being designated LTM or CTM, mapped by the contractor, and the map provided to the COR.

TREES NOT TO BE LEFT - Trees that are insect or disease damaged, broken topped, trees with bad sweep or crook, trees forked below 34 feet, or whips shall be designated to be cut unless otherwise specified.

TREES TO BE CUT

The above criteria identify trees to be left on a given site. Trees to be cut are those that are not to be left. Units carrying a cut tree (CTM) requirement still require the contractor to consider which trees to mark from the standpoint of which trees are to be left, yet may focus the contractor’s tree selections more efficiently upon which trees are to be cut. E.g. when marking cut trees with the objective of removing wind-damaged trees from a site, only those damaged will be marked and all others will be left. Because there are far fewer cut trees and the rest qualify as leave trees, it is more efficient to search for the damaged trees.

CUT/LEAVE TREE, BOUNDARY TREE

Tracer Paint shall be used for all marking. Units will be identified for either CTM or LTM in the Supplemental Information Chart, provided with an individual task order. Cut Tree Mark (CTM) or Leave Tree Mark (LTM) trees shall be selected for marking in each unit in accordance with Technical Specifications and information provided in the Supplemental Information Chart and Marking Guidelines. Paint color schemes will be identified in the Supplemental Information Chart, provided with an individual task order.

STUMP MARK - Two painted spots of at least two inches diameter shall be painted on the stump, of both cut (CTM) and leave trees (LTM), at ground level, on the low or downhill side of the stump. In flat terrain, stump marks shall be consistently placed on the same side of each tree.

BOLE MARK – Painted mark, at or above eye level, for trees requiring either CTM or LTM, encircling at least ¾ the diameter of the tree. Each mark shall consist of a horizontal band of paint at least two inches wide.

BOUNDARY TREE MARK/REMARK – If required in a task order, contractor shall mark boundary trees along unit perimeters that have been pre-designated with blue flagging and blue boundary tags by the Forest Service. Marking of boundary trees is not required along any Federal, State, County, or National Forest System roads shown on the task order map. National Forest System Roads are designated in the field with a carsonite post displaying the road number that corresponds to the one shown on the map.

1. A horizontal painted stripe encompassing at least ½ the diameter of the tree, at or above 4.5 feet of the ground, facing into the unit. Units will be pre-designated with blue flagging and blue boundary tags by the Forest Service.

2. In visual marking areas, special tags and butt marks are required as described under the specification for Visual Marking found below.

3. All boundary trees shall meet leave tree criteria if available, and be intervisible. In no case shall the distance between marked trees exceed 100 feet. Boundary trees shall be selected for painting that have been designated with blue flagging and blue boundary tags.

a. If the blue flagging that designates the location of the boundary is on a tree that meets leave tree criteria, the contractor shall designate that same tree as a boundary tree.

b. Boundary trees meeting leave tree criteria, contractor shall attempt to designate as a boundary tree, the tree nearest the blue flagging that does meet leave tree criteria, and which is “on-line” between two adjacent blue flags.

c. If no trees meeting leave tree criteria exist in the general vicinity of the blue flagging, the next choice for a boundary tree shall be a larger diameter hardwood, followed by a sub-merchantable small diameter conifer. These trees shall also be selected based on having a blue flag attached or being on-line between two adjacent blue flags.

d. If no tree is available on-line between two adjacent flags, the tree nearest that alignment and meeting intervisibility requirements shall be selected.

e. In no case shall a boundary be marked on a portable object such as a fallen limb or a small rock.

VISUAL MARKING

When visual marking is required it will be specified in the Supplemental Information Chart and Marking Requirements provided with an individual task order. Visually marking of trees shall be accomplished as follows, unless otherwise specified in the task order.

1. Both ITM and LTM marked trees in visual marking areas shall have only one bole mark. The bole mark shall always be placed on the side of the tree opposite the viewing area. A stump mark consisting of a two-inch diameter spot of paint, located at ground level, will always be required on the side of the tree facing the viewing area. A stump mark will always be required on the downhill side of the tree, regardless of whether it faces the viewing area or not.

a. If the downhill side of the tree faces the viewing area, the two-inch diameter spot of paint constitutes an adequate stump mark, and no other stump marks shall be required.

b. If the downhill side of the tree does not face the viewing area, the contractor shall also place the traditional stump mark, in addition to the two-inch diameter spot of paint described above.

2. Boundary trees in visual marking areas require that the traditional horizontal stripe shall be replaced by:

a. A blue tag, located at or above eye level, facing into the unit.

a. Stump marks will consist of one (1), two-inch diameter paint spot on the low side of the tree.

MARKING OUT

In the event that inappropriate trees are marked, the contractor shall obliterate the paint marks with black paint supplied by the government.

SECURITY

The contractor shall sign out all tree marking paint and all cans shall be returned to the Government at intervals agreed to at the post award conference. The contractor shall provide locked storage for all paint at all times.

POTENTIAL NO TREATMENT AREAS

If contractor becomes aware of special areas that the Forest Service has not identified such as snail colonies, sensitive plants, archaeological or historical sites, caves or mine shafts in the sale area or individual units, Forest Service requests that the COR be notified so that proper preservation or safety measures can be taken.

MARKING GUIDELINES

Marking guidelines for each unit, site, and/or inclusion will be accompanied by one or more prescribed treatments found in the Supplemental Information Chart and Marking Guidelines associated with an individual task order. Individual unit maps depicting estimated site boundaries and numbers will correspond with an enclosed site map. Only exterior unit and No Treatment Area boundaries will be marked on the ground. It is the contractor’s responsibility to be able to recognize where site/inclusion boundaries occur and switch marking prescriptions as required. Contractor and COR will discuss and agree upon what conditions constitute an inclusion at the post award conference.

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.

The contractor shall submit a quality control plan following award of the contract. The quality control plan will be a part of the awarded contract and apply to all subsequent task orders issued.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Acceptable Quality Levels (AQLs) When quality of Contractor’s work falls below AQL’s, Contractor shall be required to rework unsatisfactory areas to bring work quality up to the AQL. When areas of unsatisfactory marking are reworked, Government will reinspect.

Government will charge contractor for costs of re- inspection, if services for which contractor requests inspection, are not ready by time specified, or for re-inspection of work that fails the first inspection. Charge includes mileage $0.48/mile and inspector’s time $30/hr.

This is a performance-based contract. If contractor does not perform satisfactory work quality that meets the AQL for payment at full contract price, Forest Service will withhold payment until work is brought up to standard; or make partial payment based upon the product delivered. Failure by the contractor to provide satisfactory work may affect future awards.

TASK #1 -TREE MARKING

Refer to the Technical Specifications for tree selection and marking specifications for areas with BA requirements: 90% of all plots taken, on a cutting unit, shall be within +/- 5 square feet of a required residual BA stocking level. +/- 5 square feet of the required residual BA stocking level if any treatment requiring 50 BA or less is prescribed.

90% of all plots taken, on a cutting unit, shall have no more than one tree/plot not meeting the requirements for an acceptable leave tree, unless needed to meet the minimum BA stocking level prescribed.

95% of all paint marks, evaluated on each plot but tallied on a per unit basis, shall meet proper marking requirements.

For areas with other requirements in which occurrence of marked trees are too erratic or spacing is too far apart to utilize a plot inspection system: Visual inspections will be utilized to ensure that tree selections and marking have been done correctly, no areas have been missed, and that no other problems exist that weren’t identified on plots.

The Forest Service will review contractor’s work, and perform planned sampling variable plot/fixed plot/visual inspections upon notification by contractor that work is ready for evaluation. Rework shall be at contractor’s expense.

TASK #2 –BOUNDARY TREE MARKING

VISUAL INSPECTIONS: For unit boundaries and Non Treatment Areas (NTA), visual inspections will be utilized to ensure that no more than one tree per 1,000 lineal feet (approx 10 trees for 90% acceptable quality level), has been missed, is off line, does not have unit numbers or sale area name and initials painted at required intervals, or boundary tree has been marked incorrectly.

The Forest Service will review contractor’s work, and perform visual inspections upon notification by contractor that work is ready for evaluation. Rework shall be at contractor’s expense.

PAYMENT

Payment will be based on Government inspection results. Payment will be made for whole completed units, not portions of units.

Payment will be made for the actual number of units shown on the schedule of items treated as listed in the Task Order, inspected and accepted by the Government. A work quality percentage of 90% or higher will result in full payment, otherwise payment shall be made on a sliding scale based on inspection of work quality: i.e- 70-79% pays 80%. Work quality less than 70% is an automatic fail and rework at contractor’s expense.

Final payment under the contract will not be made until all Government-furnished property has been returned as directed by the COR.

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.

(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 Part1315.

(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 Part1315.

(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 any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

(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.

(End of clause)

INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasure. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within approximately 10 days after the date of contract award. The conference will be held at: mutualy agreed upon location based on individual task orders.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

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): www.acquisition.gov

FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)

CONTRACT TIME

Work shall begin no later than 7 calendar days after the effective date of the Notice to Proceed. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specifications during the period from November to May dependent upon location of unit(s). It is estimated that the operational period will be from June through October of each year.

Estimated start work date and contract time will be specified in each subsequent task order. In the event an offeror is awarded more than one item, contract time will run concurrently.

Contract time will be determined for each task order issued allowing at minimum one contract day for every 5 acres/day/6 person crew and/or 90,000 linear feet/day/6 person crew ordered.

The effective period of this IDIQ contract is from date of award through April 30, 2022.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through May 30, 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$1,000.00_, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of _$1,000.00_;

(2) Any order for a combination of items in excess of _$100,000.00_ ; or

(3) A series of orders from the same ordering office within _30_ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _10_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract no later than May 30, 2022.

(End of clause)

TASK ORDER ISSUANCE

Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

Warranted Contracting Officers implementing projects for the designated Forest or Agency are authorized to place task orders against this contract within their delegated warrant authority.

(a) Proposed Task Orders (TOs) will be issued during the performance period of this contract. The Contracting Officer’s (CO) decision to issue an order to a particular awardee will be based on the criteria stated below. In accordance with FAR 16.505(b), the CO will give each awardee a “fair opportunity” to be considered for each order in excess of $2,500 unless one of the conditions in FAR Subpart 16.505(b)(2) applies.

(b) Selection Criteria for Awarding Task Order.

The Government will evaluate the task order quotes against stated selection criteria, of which price will always be a factor. Additional information for technical approach, quality control plan and a safety plan not previously submitted may be requested and evaluated prior to awarding Task Orders. Single or multiple awards may be made for individual task orders, as specified on the task order.

(c) Process

1. A warranted Contracting Officer must issue all Task Orders. When supplies/services are required, a proposed task order will be sent to each qualified Contractor. If a Fair Opportunity Exception applies, the task order quote request will be issued to one contractor. Each task order request will include the required due date, specific instructions for the submission for quotes, the selection criteria factors, and other information deemed appropriate.

2. Awardees under the contract will generally be allowed 5 working days to prepare and submit quotes. However, more or less time may be necessary based on the requirements. If an awardee is unable to perform a requirement, the awardee may submit “NO QUOTE” to the task order request. While no mandatory requirement exists for the submission of a quote, failure to respond to three consecutive orders will result in contract termination. If this should occur, resulting in a decline in the contractor pool or task order quantities that exceed vendor pool capabilities, additional Contractors may be added to the list through a competitive process.

3. Task Order Issuance: All task orders will be issued on a firm-fixed-price basis. Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

(d) Ombudsman Description. In accordance with FAR 16.505(a)(8), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a TO under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Assistant Director for Operations, Acquisition Management, Washington Office

Rosslyn Plaza

1621 N Kent Street, Plaza E, Suite 707

Arlington, VA 22209

Phone (703) 605-4665 Facsimile (703) 605-5100

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

SAFETY

Hazards include, but are not limited to: quick weather changes, grass/ woody fuels drying during the summer/fall creates combustible conditions-park vehicles in areas free of combustible fuels, working during hunting seasons, wet/damp conditions create slippery conditions, overhead hazards in the form of snags, blown out tops, limbs, driving on low-grade Forest Roads, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, chemical burns, dehydration, insect stings, and lightning.

Hazardous conditions/factors pertinent to work to be performed will be discussed at the post award conference for each task order.

Contractor shall provide a job specific safety plan addressing the hazards identified above and any other potential hazards known to the Contractor. The plan shall be presented at the post award conference for discussion.

The contractor shall comply with applicable State safety regulations. This includes, but not limited to personal protection devices such as hardhat, ear plugs, long-sleeved work shirts, pants, chaps, boots, and un-modified chainsaws in good working condition. It is highly recommended that the Contractor include a communication plan that addresses whom to contact in case of an emergency. Report all accidents resulting in death, occupational disease, disabling injury, or property damage to the Contracting Officer. For more information contact:

In Oregon call or write:

Oregon OSHA

1230 NE 3rd Street

Suite A #115

Bend, Oregon 97701

Phone: 541-388-6066

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer.