Solicitation.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

03/17/2011

INFORMATION CALL:

04/15/2011; 4:00 p.m.

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

Nez Perce National Forest

104 Airport Road Grangeville, ID 83530

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HUBZONE SMALL BUSINESS

NAICS: 115310 - Support Services for Forestry

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: 17.5 million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ___________________________________________

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9.

TELEPHONE N0.

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

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SEE ADDENDUM

Nez Perce National Forest

Clearwater Ranger District

Idaho County, Idaho **See page 2 for Schedule of Items and submission instructions.

YOU MAY SUBMIT YOUR QUOTE TO FAX NO. 208-983-4098.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

KAREN RUKLIC

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Mobilization

Earthquake Basin, Mechanical Thinning and

Mastication.

Submission Criteria:

Items Required

*Signed & Dated Standard Form 1449 – includes price quote above (2 Pages)

*Signed & Dated Amendments (Posted During Solicitation)

*Completed Provision 52.212-3 Offeror Certifications & Representations **Completed Certification of Worker’s Compensation Insurance (3 pages)

**Technical Proposal – 1 Copy (See FAR 52.212-2 Evaluation-Commercial Items, Pages 36-37) Submission Methods:

1. Fax #: 208-983-4098

2. Hard Copy Mail To:

Nez Perce National Forest S.O.

104 Airport Road

Grangeville, ID 83530

ATTN: Contracting, AG-02RC-S-11-0005

LSP

Acre

XXXXXXX

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

Continuation of SF1449:

Block 27: The full text of a clause or provision may be accessed electronically at these addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

DESCRIPTION/STATEMENT OF WORK/SPECIFICATION

A. SCOPE OF CONTRACT

This contract requires pre-commercial tree thinning and fuels reduction treatment through the use of machinery to achieve two objectives:

· Reduce tree density, improve forest health and better achieve the potential yield capability of these sites by removing undesirable trees.

· Reduce hazardous fuel by treating the slash created by treatment while minimizing soil disruption and compaction.

The Contractor shall provide all labor, equipment, supervision, transportation, operating supplies, and incidentals to perform all work necessary on the areas specified herein. All aspects of the work program shall be performed in an organized and systematic manner to assure services will be performed over the entire unit.

B. LOCATION AND BASIC DESCRIPTION

The project area is located on the Clearwater Ranger District of the Nez Perce National Forest in T30N, R4E, Sec. 28 in the vicinity of Earthquake Basin and North Blacktail Butte. To reach the project area, travel east from Grangeville on Hwy 13 approximately 11 miles to Lightning Creek Road 244. Travel east and south on Road 244 to Forest Road 451. Follow FR 451 approximately 12 miles to the large pullout at the junction with Forest Road 451B. The project area is located approximately .5 miles down FS Road 451B which is a narrow, native surface road. Forest Road 451B is not passable with a lowboy, thus the contractor will have to walk heavy equipment from this point. The treatment unit is accessible by 4 x4 pickup. See vicinity map located with the Contract Documents, page 31.

The project area is 88 acres in size and requires pre-commercial tree thinning and fuels reduction/slash treatment in the form of mulching/mastication. The Silviculture Prescription for this unit can be found in Section D. Technical Specifications, 5) Performance Objectives.

Project area is located behind a gate which is subject to a seasonal closure; the period of closure is Dec. 1 through June 15. If contractor access is required prior to June 15, a combination lock will be put onto gate and the combination shall be provided to the Contractor for the period of use needed to complete contract work.

C. DEFINITION OF TERMS

1) Acceptable (Stocking) Density. The number of trees between the minimum and maximum specified in the Silvicultural Summary Prescription.

2) Competitive area. The competitive area is the immediate environment of the subject tree; that is, those trees which are competing for sunlight with the subject tree.

3) Crop Tree. Any tree that is selected or required to be left standing as provided in the specifications and is counted in the stocking density of the target stand. (same as Leave Tree).

4) Crown Class. Crown class is a description of the relative position of the tree crown with respect to competing trees surrounding the tree. Standard, recognized crown class terminology is used in the specifications.

5) DBH (Diameter Breast Height) - Diameter of the trunk measured at a point 4 1/2 feet above the ground level on the uphill side of tree.

6) DSH (Diameter Stump Height) - Diameter of the trunk measured at a point 1 foot above the ground level on the uphill side of tree.

7) Damage (Defect) - Includes any defect or deformity of a tree resulting from such agents as wind, snow, animals, insects, disease, and equipment; and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumfrence of the tree. Examples of excessive damage and unhealthy conifers include:

· Trees with Crook, Sweep, or Snowbend (Damaged). Crooks or bends in the main bole which are less than 13 feet from the ground and offset more than 3 inches from the longitudinal axis.

· Trees with a forked or defective top (Damaged). One or more forks in the live crown, or a dead or broken-out bole within 13 feet of the ground surface.

· Diseased Trees (Unhealthy) – Trees with off yellow or off color foliage, sparse crowns, cankers, conks, or other visible indicators of disease.

8) Dead and downed logs - Any log at least 12" in diameter on the smaller end and at least 8' in length

9) Deficiency (or discrepancy). Those trees cut which should have been left to maintain average spacing requirements; trees not selected according to the technical specifications requirements, trees that are damaged by the thinning, or cut trees that don't meet the specifications for removal of lower live limbs. Three categories of deficiencies described in the Inspection procedure in Section J.

· Category A deficiencies – cutting trees that should not be cut or damaging selected leave trees. These are non-correctable errors.

· Category B deficiencies - leaving trees that should be cut. These are excess trees and are correctable errors.

· Category C deficiencies – other types of errors such as not completely severing trees from stumps, leaving small trees, and other errors as described on the inspection form.

10) Desirable leave tree characteristics. Desirable leave trees have the following characteristics:

· Straight stem

· Small branch diameter

· Good coloration

· Well-formed crown

· Branches horizontal or slightly angled to bole

· Free or limited presence of insect or disease damage.

· Vigorous annual terminal growth (especially in last 1 to 3 years)

· Crown class of dominant or co-dominant

· Crown ratio is 40% or larger.

Characteristics of trees that are not desirable for leave trees:

· Multiple tops

· Poor crown form

· Crook or sweep in bole

· Dead or broken tops

· Poor coloration

· Large branch diameter

· Presence of insect or diseases

· Branches more than 45 degrees from horizontal

· Physical or mechanical damage

· Suppressed

· Poor annual growth

· Sucker limbs

· Trees in the intermediate or overtopped crown class

These indicators shall determine trees to be cut, but minor defects will be acceptable for a particular leave tree if it is the best selection in the competitive area. Trees should be relatively free of insect and disease, animal damage, mechanical damage, except for minor problems that will not affect long-term growth. Trees displaying these symptoms may be left as leave trees if they are the best available within the competitive area.

11) Dominant tree. A tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

12) Excess Tree – Tree which exceed the desired number per acre. This includes any tree which contrary to specifications has been left uncut, has not completely severed from the stump, has been left as a hangup tree, or has been left with a stump exceeding the specified maximum height. Excess trees are considered a Category B deficiency in the inspection procedure; these are generally correctable.

13) Fuels - Wildland vegetative material which can burn. It includes woody debris, suspended or down, and standing live trees 13” dbh or less that are not selected as leave trees.

14) Hangup Tree - Any cut tree that leans against or is suspended by an uncut tree more than 3 feet off the ground.

15) Improperly Cut tree. A tree that was cut that should have been a leave tree based on contract specifications. Also includes any leave tree that was damaged by the contractor’s operations. This is considered a Category A deficiency and is not a correctable deficiency.

16) Ladder fuel reduction - The cutting of excess trees to reduce the potential for ground fire to reach the overstory tree crowns while leaving the number of desireable trees per acre to maintain current or future forest structures that meet various resource objectives.

17) Leave Strip - An area within a thinned unit in which no tree felling will be done.

18) Leave Tree - Any conifer tree that is selected or required to be left standing as provided in the specifications.

19) Leave Trees per acre. The number of leave trees within one acre. Generally referred to average leave trees per acre calculated from one or more plot samples. These formulas will be used to determine leave trees/acre

No. of trees per plot X reciprocal of plot size = leave trees per acre and

Total trees on all plots X reciprocal of plot size = leave trees per acre

Total no. plots taken

20) Satisfactory leave tree. Tree that is selected to be left on the unit that meets contract specifications. Tree is larger than the minimum height required to be cut.

21) Slash - Any vegetation that was cut by the Contractor or previous contractor.

22) Spacing - The horizontal distance from the center of one leave tree to the center of the next nearest leave tree. Average spacing is calculated from the leave trees per acre.

23) Surplus tree: A tree that is left in the unit that is in addition to the other satisfactory leave trees and is larger than those defined as cut trees. It is not counted in the acceptable trees per acre calculation but does contribute to the total trees per acre on the unit. A surplus tree is coded as S3 or S4 tree in the inspection procedure.

24) Unsatisfactory Tree. A tree that fails to meet contract standards; includes but is not limited to:

· Cutting the wrong tree, failure to cut correct tree, failure to completely sever a live limb, damaging a leave tree, etc..

Unsatisfactory trees are considered a deficiency or discrepancy in contract inspection and may be either a Category A, Category B or Category C deficiency.

D. TECHNICAL SPECIFICATIONS

1) ROAD CLEARING

After initial clearing of access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access unit. Areas identified as roads shall be kept clear of contractor created slash 5ft. from roadside edges. Slash/chips will not be permitted on road surfaces. Some trails may be identified to remain slash/chip free as well.

2) EXISTING FACILITIES

Any existing facility including but not limited to water bars, culverts, drainage ditches, fences, pavement, or structures that are damaged as a result of the Contractor's actions shall be repaired or replaced by the Contractor at no cost to the Government.

3) PROTECTION OF STREAM COURSES and WET AREAS The Contractor will not operate any equipment within 20 feet of any live stream or wet areas such as meadows, bogs and seeps.

4) EQUIPMENT PERFORMANCE CAPABILITIES

All equipment shall be in good operating and mechanical condition and operated in a proper and safe manner. The Contractor shall use equipment meeting the following capabilities:

(a) – Safety:

The equipment used to perform this work shall meet all OSHA safety standards and shall be in good mechanical condition. Adequate guarding is required to protect both machine and operator and a seat belt is required for the operator. Past experience indicates this type of operation can expose the machine and operator to significant hazards caused by dislodged falling material or debris projected toward the machine from front, sides, and bottom.

(b) – Slopes:

Equipment must be capable of operating on slopes up to, but not exceeding, 40%. Slopes ranging from 35- 40% will seldom be encountered. Unit is predominately flat with 2-3 acres in the North corner of the unit averaging 30-40%.

(c) – Details:

Spacing between leave trees averages 20’ x 20’. Heavy track mounted equipment proposed for use on this contract shall meet the following specifications:

1) Maximum ground pressure of less than 8 pounds per square inch and horsepower rating greater than 45, and a climbing ability up to 40% slope.

2) Effective arm reach of 10 feet minimum.

3) Non leaking fluid systems.

4) Ability to process fuels 13” DBH or less.

5) Operator cab, engine and arm shall be able to rotate 360 degrees while tracks remain stationary.

6) Equipped with an approved spark arrester as described in Spark Arrester Guide, General Purpose and Locomotive, NFES 1363.

7) Equipped with one filled 5 gallon water backpack pump, complete with carrying straps and trombone style pump. Backpack unit must be free from defects.

8) All multi-position small engines must be equipped with an approved spark arrester as described in Spark Arrester Guide, Multiposition Small Engine, NFES 2363.

9) Ability to achieve desired conditions without causing damage to leave trees.

5) PERFORMANCE OBJECTIVES

The two work objectives are to:

· Reduce tree density, improve forest health and better achieve the potential yield capability of these sites by removing undesirable trees;

· Reduce hazardous fuel by treating the slash created by treatment while minimizing soil disruption and compaction.

Unit was planted 34 years ago with ponderosa pine, and Douglas-fir at 11’ x 11’ spacing. Unit was replanted 27 years ago at 8’ x 8’ spacing. Currently, unit average is 403 trees per acre (TPA). The average tree height across unit is 31 feet.

The work will be performed to accomplish the following timber stand improvement performance objectives:

(a) Material to be Thinned and Felling Requirements:

1.

Standing live trees up to 13” DBH that are not desirable leave trees will be cut.

2.

Reduce stocking density (TPA) down to between 108 and 110 TPA.

3.

Trees over 24 inches in height other than leave trees, shall be cut below the lowest live limb, except when prevented by natural obstacles; in which case, any live limbs below the cutting point shall be removed. Sapling sized trees growing up along main bole of selected leave tree may be left if cutting of sapling will damage leave tree. Cut trees shall be completely severed from the stump. Stump height shall not exceed 6 inches above ground level, or 2 inches above natural obstacles.

4.

Cut material shall be felled away from unit boundaries, roads, telephone lines, electrical lines, established trails, stock driveways, fence lines, established land corners, other physical improvements, and streams. Material that falls on such areas shall be removed and treated as specified below and elsewhere herein.

5.

Material that lands on roads shall be cleared by day’s end to maintain access.

6.

Material that lands on other infrastructure shall be cleared by day’s end.

7.

All thinning slash and mulch shall be placed on or near the ground surface, so that it will not lean against or be suspended by an uncut tree, downed log or other obstacle, to achieve a slash depth of not greater than 12 inches without approval of project COR.

(b) Thinning Requirements:

1.

Tree Thinning: Purposeful selection of leave trees reduces stand density, improves the stand composition and condition as prescribed for each unit. The goal is to leave the best potential crop tree using variable spacing while reducing the overall tree density. Leave trees shall be selected from dominant and co-dominant trees that have no major defect; are of good form and vigor; and be within the allowable stocking density of 108 – 110 TPA. Tree quality and crown position can be just as important criteria for selecting trees to retain as is tree species. However, when selections must be made between trees that are desirable, they will be done in accordance with the species preference list in letter ‘c’, below.

a.

Leave trees shall be selected by the contractor, except that the Government may mark individual leave trees.

b.

Select leave trees which have the most desirable characteristics, and the least undesirable characteristics.

Desirable leave tree characteristics include:

· Straight stem

· Small branch diameter

· Good coloration

· Well formed crown

· Branches horizontal or slightly angled to the bole

· Free or limited presence of insect or disease damage

· Vigorous annual terminal growth (especially last 1 – 3 years)

· Crown class of dominant or co-dominant

· Crown ratio is > 40%

· Greater than 6 inches DBH

Undesirable leave tree characteristics include:

· Multiple tops

· Poor crown form

· Crook or sweep in bole

· Dead or broken tops

· Poor coloration

· Large branch diameter

· Presence of insect or disease

· Branches more than 45 degrees from horizontal

· Physical or mechanical damage

· Suppressed

· Poor annual growth

· Sucker limbs

· Crown class of intermediate or overtopped c.

Species in order of preference: ponderosa pine, Douglas-fir, Engelmann Spruce, lodgepole pine, grand fir.

The work will be performed to accomplish the following hazardous fuels reduction performance objectives:

Contractor shall reduce fuel as defined by this contract to a depth of 12" or less. Deviations from this specification may be approved by the project COR in areas of dense slash.

(b)

The result of the fuels treatment will be small debris (limbs, sticks, needles, “chips”) and shredded boles on three sides no longer than 36”. Woody debris shall be well dispersed over entire treatment area. Creation of a mat of chips deeper than 3 inches and covering an area of 25 square feet or more is unacceptable.

(c)

Equipment shall grid in straight lines through unit wherever possible. Heavy equipment shall minimize turning by retreating on it’s path of entry when possible and by turning on existing roads, landings and hardened areas.

(d)

The Government may, at its option, require the contractor to move or reposition operations and equipment, in whole or part, for safety or ecological purposes, or changes in priority of work.

6)

RESOURCE PROTECTION

If the Contractor causes any damage to any physical improvement such as water bars, trails, fences, ditches, road system, gates and other improvement, the Contracting Officer shall be immediately notified and the Contractor shall promptly repair the damage or pay the cost of restoration and repair.

Work will be performed in such a manner that resource damage to standing live trees, snags, ground cover, soil, water sources and terrestrial and aquatic resources within the unit and on all access roads/trails is minimized or mitigated. Contractor shall take measures to minimize equipment activities so as not to cause harm, erosion, or channeling of water. If damage to the resource occurs, the contract remedies outlined in FAR 52.212-4 Contract Terms and Conditions—Commercial Items (a) Inspection/Acceptance will be exercised.

E. CONTRACTOR QUALITY CONTROL

The Contractor shall provide quality control for all services under this contract. The Contractor is expected to conduct their own inspections to ensure that all thinning and fuel reduction requirements are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the Contractor. Any delay in Government inspections will not cause the Government to be responsible for the Contractors quality of work.

F. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(1) GOVERNMENT INSPECTION

The Contractor shall notify the COR when item is complete and ready for inspection. Inspections will consist of visual observations and sample plots to determine compliance with the specifications. If the visual inspection reveals the probability of missed objectives, the Contractor shall review the unit with the COR to determine if there is agreement. Missed Performance Objectives will be reworked at the contractor’s expense. If the COR and Contractor do not agree with results of the visual examination or, in the case of sample plots, systematic procedures will be used for inspection.

The Contractor is encouraged to observe the inspection. If the results indicate the need for rework, unsatisfactory portions of the unit will be reworked at the contractor’s expense. Inspections necessitated by the rework shall be paid for by the Contractor based upon actual costs to the Government.

(a) Inspection. The Government’s quality assurance inspections will determine compliance with specifications and provide the basis for computing the rate of payment. Inspections will consist of visual observations and/or sample plots to determine compliance with the specifications. The plots will be located throughout the thinned areas to obtain a representative sample of the work. Size of the plots will be 1/50 acre. Plot centers will be marked and numbered. The Contractor or his representative may observe inspections while they are underway.

(b) Plot Procedures. Each plot will be examined and the findings on the items listed below recorded:

1. Number of trees that were left.

2. Category “A” – Uncorrectable Deficiency

Number of cut leave trees; a leave tree in accordance with the clause entitled Selection of Leave Trees or the Prescription Summary that was cut.

b.

Wrong selection of leave tree; a leave tree that was cut while leaving a lesser tree.

3. Category “B” – Correctable Deficiency

Number of excess trees.

4. Category “C” – Correctable Deficiency

Small trees missed.

(c) Upon inspection of all plots for a unit, the number of leave trees per acre and the quality of thinning will be calculated as follows:

1.

Number of leave trees per acre:

Number of trees left X 50 = Leave trees per acre

Number of plots taken

2.

Thinning Quality:

1.00 –

Category “A” Trees

X 100 = Quality %

# of trees left – Category “B”

3.

Fuel Size and Depth:

# of acceptable measurements x 100 = Quality%

Total # of measurements

Acceptance. Failure of the Contractor to provide fuels thinning quality resulting in Government inspection results of 90 percent or better at the completion of a unit, will deem the Contractor’s quality unacceptable and will result in payment for that unit based on the quality percentage of the inspection. If the Government’s results are objectionable to the Contractor, a re-examination may be requested in writing. In this case, the Government will again perform a minimum 1% sample of the unit. Payment will be based on the results of this reinspection. If the reinspection results are less than a 5% quality difference from the initial inspection, the Contractor will be charged for the actual cost of the reinspection.

(e) Rework and Reinspection after Rework. Category “B” – When total number of leave trees exceed the maximum allowance or when Category “C”, total number of small trees missed exceed 50 trees per acre, payment will not be made until the deficiency is corrected, unless the Contracting Officer determines excess tree deficiency to be minor and will not result in any material differences in total number of trees to be left. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by rework.

(f) Inspection of Slash Treatment and Other Contract Requirements. Acceptance will be determined by inspection of areas requiring treatment and will be based on adherence to the specifications. Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

G. DELIVERIES OR PERFORMANCE REQUIREMENTS

(1) CONTRACT TIME

Items

Estimated Beginning Date Required Completion Deadline 1 & 2

June 15, 2011

August 10, 2011

Contract time will start on the date specified on the Notice to Proceed. The Notice to Proceed will be issued as soon as ground and weather conditions are favorable for performance of the work. The Contractor shall maintain progress at a rate which will assure completion of the work within the contract time specified above. The completion deadline is based on the assumption that the Notice to Proceed will be issued on or before July 1, 2011. If the Notice to Proceed is issued after this date, the completion date will be extended by the equivalent number of calendar days.

(2) METHOD OF PAYMENT

Upon acceptance of the work, payment will be made at the unit and lump sum prices shown in the Schedule of Items. Slash pull back, lopping, and slash treatment are included in the Item 2 unit price and no additional payment will be made. One partial payment may be requested upon completion of 50% of the acres specified. This invoice may include 100% of Item 1, Mobilization.

When Government quality assurance indicates that the work does not meet contract requirements, the Government will take appropriate action as outlined in Section G and in accordance with clause FAR 52.212-4 Contract Terms and Conditions – Commercial Items, Part a) Inspection/Acceptance.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JUNE 2010)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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, contract 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 be notified 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 - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), 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 contract 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

Add the following clauses:

FAR 52.242-15

Suspension of Work (APR 1984)

FAR 52.236-7

Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

SPECIAL CONTRACT REQUIREMENTS

KEY EQUIPMENT AND PERSONNEL

The key personnel equipment specified in the accepted Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs or mobilizing alternate pieces of equipment to the project site, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed personnel substitutions and applicable equipment specifications) in sufficient detail to permit evaluation of the impact on the contract. No substitutions shall be made by the Contractor without the written consent of the Contracting Officer. The contract may be amended from time to time during the course of the contract to either add or delete personnel/equipment, as appropriate.

PREWORK CONFERENCE

Prior to commencement of work, the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be finalized and discussed. The contractor shall also have a safety and communication plan prepared that shall be discussed at the prework meeting.

CONDITIONS ON USE OF PREMISES (Camping)

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

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

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

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

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

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills will be reported immediatly to the CO. Spills over 25 gallons will be reported to the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

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

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

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

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