1. Solicitation Oak Grove IRSC DRAFT.pdf

OAK GROVE Fire Recovery Stewardship IRSC- DRAFT Mt. Hood National Forest Page 1 of 67 Clackamas River Ranger District

Revised 10.13.2022

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

XXXXXX XXXX

7. FOR SOLICITATION

INFORMATION CALL:

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

XXXX

4:00 p.m. PT

9. ISSUED BY

CODE 363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET

ASIDE

% FOR:

USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

EDWOSB

NAICS:

HUBZONE SMALL BUSINESS 115310

SERVICE-DISABLED

VETERAN-OWNED SMALL

BUSINESS

8(A)

SIZE STANDARD:

$34 M

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

RFQ IFB RFP

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

MT. HOOD NATIONAL FOREST

CLACKAMAS RIVER RANGER DISTRICT

Address of RD State, City Zip

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

17A. CONTRACTOR/OFFEROR CODE FACILITY

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

Name:

Address:

Email:

Telephone No:

*Invoice Processing Platform (IPP):

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

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

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

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

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

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

OAK GROVE FIRE RECOVERY STEWARDSHIP

IRSC

MT HOOD NATIONAL FOREST

CLACKAMAS RIVER RANGER DISTRICT

See attached Schedule of items

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

ADDENDA ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ELECTRONIC (email) to

29. AWARD OF CONTRACT: REF__________________

ONE (1) COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

OFFER DATED________________, YOUR OFFER ON SOLICITATION

____________________________ (BLOCK 5), INCLUDING ANY ADDITIONS OR

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED __________________________________________________________________

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

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

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

http://www.ipp.gov/

Page 2 of 67 Clackamas River Ranger District

Revised 10.13.2022

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

GENERAL INFORMATION:

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

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

SCHEDULE OF ITEMS

MANDATORY WORK ACTIVITIES:

Table 1. Mandatory Work Activities

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

1 Identify and cut, fire-killed/damaged trees. Acre 251 N/A N/A

1a Process and deck roadside fire-damaged/killed trees within units 5710-21, 5710-23, 5710-25 5710-27, and 5710-29

Acre 75 $ $

1b

Process roadside fire-damaged/killed trees from the following units and deck at designated decking locations: Units 57-2, 57-4, 57-6, 57-8, 57-10, 57-14, 57-16, 57-17, 57-19, and 57-20.

Acre 124 $ $

1c Cut and leave in place 57-3, 57-5, 57-7, 57-9, 57-11, 57-12, 57-15, 5710-22, 5710-24, and 5710-26. Acre 52 $ $

2 Slash treatment Acre 199 $ $

3 Road Maintenance Pre-Haul T-842 Mile 17.44 $ $

4 Road Maintenance During Haul T-838 Mile 5.61 $ $

5 Road Maintenance Post-Haul T-811a Mile 2.33 $ $

6 Road Maintenance Post-Haul T-838 Mile 5.61 $ $

7 Road Maintenance Pre-Haul Mobilization Lump Sum All $ $

8 Road Reconstruction – Mobilization (15101) Lump Sum

All $ $

9 Road Reconstruction – Soil Erosion &Pollution Control (15713)

Lump Sum

All $ $

10 Road Reconstruction – Removal of Culvert (20302) Each 12 $ $

11 Road Reconstruction – Removal of Asphalt (20304) Square Yard

146 $ $

12 Road Reconstruction – Drainage Excavation (20419) Cubic Yard*

255 $ $

13 Road Reconstruction – Drainage Excavation, Ditch (20422)

Lump Sum

All $ $ https://sam.gov/ adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp

Page 3 of 67 Clackamas River Ranger District

Revised 10.13.2022

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

14 Road Reconstruction – Drainage Excavation, Construct outlet ditch (20424)

Cubic Yard

10 $ $

15 Road Reconstruction – Aggregate Surface Course (30112)

Cubic Yard

134 $ $

16 Road Reconstruction – Ditch Reconditioning (30301) Mile 5.61 $ $

17 Road Reconstruction – Asphalt Concrete (40304) Ton 40 $ $

18 Road Reconstruction – 24 Inch Pipe Culvert (60201A) Foot 512 $ $

19 Road Reconstruction – 36 Inch Pipe Culvert (60201B) Foot 46 $ $

20 Road Reconstruction – 24 Inch Pipe Culvert Downspout (60201C) Foot 40 $ $

21 Road Reconstruction – Recondition Drainage Structures, Culvert (60710) Each 2 $ $

22 Road Reconstruction – Cleaning Culverts in Place (60713) Mile 5.61 $ $

23 Relocate 46 Road decks to designated location. Lump Sum All $ $

Total All Mandatory Service Items $

OPTIONAL WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

24 Remove 46 road decks off NFS lands as Timber Subject to Agreement. CCF $ $

Timber Subject to Agreement (TSA) consists of any forest products associated with Item 24.

Enter proposed estimated tons to be removed, unit price, and total price.

If awarded, this will be awarded as a capped tonnage for payment.

Total TSA Removal Cost (loading/chipping and trucking): $_____________________________ Total Delivered Value: $________________

Item 25 total cost shall equal Total TSA Removal Cost minus Delivered Value

25 Remove cut fire-killed trees off NFS lands as Timber Subject to Agreement. CCF $ $

Timber Subject to Agreement (TSA) consists of any forest products associated with Item 1.

Enter proposed estimated tons to be removed, unit price, and total price.

If awarded, this will be awarded as a capped tonnage for payment.

Total TSA Removal Cost (loading/chipping and trucking): $_____________________________ Total Delivered Value: $________________

Item 26 total cost shall equal Total TSA Removal Cost minus Delivered Value

Total All Optional Service Items $ adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp adsprinkle Stamp

Page 4 of 67 Clackamas River Ranger District

Revised 10.13.2022

TIMBER SUBJECT TO AGREEMENT PRICE SCHEDULE:

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Optional Work Activities, except Timber Subject to Agreement. Unit prices prevail. Offerors that propose to remove Timber Subject to Agreement will rank higher during technical evaluations.

For contractors proposing to remove TSA Products, offerors MUST enter a quantity and Offer (Flat) in the Timber Subject to Agreement Price Schedule and indicate in Technical Proposals what products are to be removed and to where. Final awarded TSA quantity, if any, will be negotiated and agreed to at time of award or by modification post award.

Cost data for total logging costs and total delivered value IS REQUIRED to receive award for Items 25 and 26. This information is proprietary, will not be shared outside the FS, and will be removed from awarded contract documents.

A site visit occurred November 30, 2022 to view the project area and discuss the objectives of this contract. The meeting took place at 10:00 A.M. at the junction of National Forest System (NFS) Roads 57 and 46. Refer to the Oak Grove Presolicitation Site Visit Quesitons document for more information.

PERIOD OF PERFORMANCE IS FROM DATE OF AWARD THROUGH Month DD, YYYY

LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in Stewardship Credits and Appropriated Funds.

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

SPECIES PRODUCT QUANTITY UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT) Total Offer

Douglas-fir and Other Species

Grn Bio Cv Un-estimated CCF $ 0.00 $ $ adsprinkle Stamp

Page 5 of 67 Clackamas River Ranger District

Revised 10.13.2022

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

COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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Revised 10.13.2022

(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– https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211

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(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

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

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

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

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

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

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

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

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

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

https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

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(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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

NUMBER TITLE DATE

52.236-2 DIFFERING SITE CONDITIONS APR 1984

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

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION (ALTERNATE I) NOV 1991

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

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

452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988

452.236-76 SAMPLES AND CERTIFICATES FEB 1988

2. FAR 52.217-7 – Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

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

3. PROJECT DESCRIPTION

a) Description of Work-The end result is a road system (NFS Road 57 and 5710) that has no standing Fire killed/damaged trees (except for unit 57-9) (identified as low, likely, and imminent) within striking distance of the road (including the slide and roll area) so that the road can be reopened to public use. The goal is to reduce roadside fuel loading and to provide safe access for road users. Activities to achieve this end result include performing essential maintenance and reconstruction of roads, temporarily closing roads that are in close proximity to roads where danger trees are cut, cutting of fire killed/damaged roadside trees, removal of cut timber by agreement, managing roadside slash and fuel accumulation (which will help with site preparation for future reforestation efforts along roads and reduce future fire risk. In addition, decked logs (protruding into the clearing limits) from previous danger tree cutting and fire suppression actions will be removed under this contract from alongside National Forest System (NFS) road 4600000 and either relocated to a designated location, or as an option, removed under agreement by the contractor.

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

c) Project Location- Roadside fire killed/damaged tree cutting along NFS Roads 57 and 5710 within

Township 06 South, Range 06 East, Sections 01, 02, and 12; and Township 06 South, Range 07 East, Section 06, Willamette Meridian. Removal of decked material along approximately 12 miles of NFS road 46.

4. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Service Items can be found in Appendix A. Specifications for timber removal can be found in Appendix B and associated road plans and specifications in Appendix C for Stewardship related projects. Incidental construction or reconstruction specified road work plans, drawings, exhibits, and specifications can be found in Appendix D.

5. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

6. ACCEPTANCE

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

7. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

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

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

1984) The Contractor shall be required to (a) commence work under this contract within XX calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than Month DD, YYYY. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and/or C and as approved by the Contracting Officer.

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

The period of performance of this contract is from date of award through Month DD, YYYY.

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10. SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION

Proposed schedule showing sequencing of cutting, relocating and decking, timber removal (subject to agreement), felling of dead standing fuels, slash/fuels management, road maintenance and road reconstruction work including starting and completion dates for each activity.

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officers Written approval prior to starting work on the project.

Traffic Control Plan Erosion Control Plan Water Pollution/Spill Prevention Control Plan Designation of Contractor personnel describing responsibilities and authorities Fire Prevention Plan Safety Plan

All schedules and reports shall be submitted to the COR.

11. PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. When payment is made to the contractor for work performed, it will be made in accordance with the specifications set forth under Measurable Performance Standards.

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

12. STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/ Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber value included in Schedule of Items. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

13. ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

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

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Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed as indicated in the Schedule of Items and Appendix B Timber Removal Specification if appropriated agency monies are used or unless otherwise agreed.

14. TIMBER PAYMENT GUARANTEE

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

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

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

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

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

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Surety Bond.

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

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing FS Form 6500-12a.

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

15. EXCESS STEWARDSHIP CREDITS

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

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16. EXCESS TIMBER VALUE

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

17. REFUND OF EXCESS CASH

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

18. FINAL PAYMENT - RELEASE OF CLAIMS

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

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

19. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within XX days after the date of contract award. The conference will be held at the Mt. Hood National Forest Headquarters Office, 16400 Champion Way, Sandy Oregon.

20. FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, maps, access permits, etc.

21. USE OF PREMISES: 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. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. (b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (i) dispose of solid waste in accordance with applicable Federal, State and local regulations.

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government business.

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Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

The Contractor shall request permission (in writing) from the appropriate Ranger District to use campsites. If permission is granted, the District Ranger's letter shall specify all conditions and requirements.

It is further stipulated that in addition to clean-up of any camp sites, the Contractor is required to remove all his equipment from National Forest land before final acceptance and payment of the project.

Portable chemical toilets, self-contained holding tanks, approved pit or vault toilets which meet State Code are required.

22. AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Overall Project Manager Logging Supervisor Fuels Treatment Supervisor (for non-commercial activities) Road Maintenance and Reconstruction Supervisor Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

23. EMPLOYMENT OF ELIGIBLE WORKERS

This contract is subject to the Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C)

1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at https://www.dol.gov/agencies/whd/agriculture/mspa.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or https://www.dol.gov/agencies/whd/agriculture/mspa

Page 15 of 67 Clackamas River Ranger District services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required.

For further information on the requirements of the H-2B program, visit OFLC's website at https://www.dol.gov/agencies/eta/foreign-labor.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

1. Definitions A. H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H- 2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

2. Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

a) A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

b) An overnight absence from the migrant workers permanent place of residence is required.

c) Members of the contractor's immediate family are not considered migrant or seasonal workers.

Immediate family includes:

Spouse Children, stepchildren, or foster children Parents, stepparents, or foster parents, or Brothers and sisters

3. Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

4. Registration Requirements

A. Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at https://www.dol.gov/agencies/whd/fact-sheets/78-h2b-overview. Contractors can apply for the certificate online through the US DOL Foreign Labor Application Gateway (FLAG) System at https://flag.dol.gov.

B. Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (https://www.dol.gov/whd/forms/fts_wh530.htm).

The contractor shall carry the certificate at all times while engaged in contract performance and https://www.dol.gov/agencies/eta/foreign-labor https://www.dol.gov/agencies/whd/fact-sheets/78-h2b-overview.

https://www.dol.gov/agencies/whd/fact-sheets/78-h2b-overview.

https://flag.dol.gov/ https://www.dol.gov/whd/forms/fts_wh530.htm

Page 16 of 67 Clackamas River Ranger District shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Division’s webpage https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs49.pdf.

Certifications: The Contractor shall provide applicable H-2B Temporary Employment Certificate and/or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements.

Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor.

It is the Prime Contractor's responsibility to ensure the Subcontractor's information is provided to the Contracting Officer.

5. Worker Protections

A. Worker Information Posters

a) A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

b) The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

B. Personal protective equipment

a) 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general…