Nez_Perce-Clearwater_NF_(AG-02RC-S-14-0044)_Palouse_Mulching.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

05/13/2014

INFORMATION CALL:

06/10/2014

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: ___100____% FOR

USDA – Forest Service

Idaho Montana Acquisition Team

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FORMCHECKBOX

HUBZONE SMALL SMALL BUSINESS PROGRAM

12730 HWY 12

Orofino, ID 83544

BUSINESS

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EDWOSB NAICS: 115310

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SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $7 Million

SMALL BUSINESS FORMCHECKBOX

8(A)

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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

18a. PAYMENT WILL BE MADE BY CODE

Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to:

USDA, OCFO, COD, APB

P.O. Box 60075

New Orleans, LA 70160

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/Clearwater National Forest

Palouse Ranger District

Latah County, Idaho

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS,

FURNISHING QUOTATION: Complete Standard Form 1449, Schedule of Items, Experience Questionnaire, and Solicitation Provisions as your quote. Please return to the address shown in Block 9. Place “Solicitation No. AG-02RC-S-14-0044” on the envelope.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

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: ____________________

DARREN M. ZYCHEK

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

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

Items Required:

*Signed & Dated Standard Form 1449

*Signed & Dated Amendments (If Any Posted During Solicitation Period)

*Completed Schedule of Items

*Completed Provision 52.212-3 Offeror Certs & Reps

*AGAR 452.209 – 70, Alternate I (February 2012) *Technical Proposal – 1 Copy (See FAR 52.212-2, Evaluation – Commercial Items, for evaluation and award information.)

NOTE TO QUOTERS: Technical proposals are required for the evaluation of offers.

Submission Methods:

1. Fax #: 208-476-8288

Attn: AG-02RC-S-14-0044

2. Hard Copy Mail To:

Clearwater National Forest S.O.

ATTN: Contracting

12730 HWY 12

Orofino, ID 83544

It is the responsibility of the Offeror/Contractor to confirm timely receipt of their submittal by contacting Darren Zychek at (208) 476-8224.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

FORMCHECKBOX

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

FORMCHECKBOX

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. 2/2012) BACK

SCHEDULE OF ITEMS

SERVICES AND PRICES

ITEM 1: Avon/Cherry Pit Mulching

The Government reserves the right to make multiple awards under this solicitation. Quoters must submit prices for all Sub-items to be considered for award. In the event that quoted prices exceed funding availability, award may be offered to quoters for quantities less than those shown in an Item.

There is no guarantee that any additional hourly work will be ordered. If ordered, hourly work may consist of scattered areas of similar work within the Palouse Ranger District. All rates shall be fully loaded rates including all payroll expenses, overhead, profit, etc.

FAR 52.237-1 Site Visit. (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Technical Proposals are required for the evaluation of quotes. See FAR 52.212-2, Evaluation – Commercial Items for evaluation and award information.

Prices Submitted By

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ Scope of Contract

It is the objective of this contract to obtain high quality services to ensure adequate fuel reduction across the site. The Contractor shall perform this work in compliance with all terms, specifications, and provisions of this Contract. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished), and incidentals necessary to perform fuel reduction services on the designated areas.

LOCATION AND DESCRIPTION

The project consists of fuel reduction using machinery with mulching/mastication capabilities on the Palouse Ranger District of the Clearwater National Forest.

Cherry Pit Mulching – From Deary, drive east on State Highway 8 for 4.8 miles, drive through the small community of Helmer and turn right on County road Forks Road. Travel east on Forks Road for 0.6 miles to the National Forest boundary and the location of the project area.

Avon Mulching - From Deary, drive west on State Highway 8 for 0.4 miles and turn right (north) onto State Highway 9. Drive north on State Highway 9 for 2.4 miles, turn right onto County road Mica Mountain Road. Drive north on Mica Mountain Road for 1.6 miles, turn right onto Forest Road 3347. Drive east on Forest Road 3347 for 1.4 miles and turn right onto Forest Road 4707. Drive 2.4 miles on seasonally gated road 4707 for 2.4 miles to project area. Refer to the map attached to this contract for additional directions into the units. Units are flagged in with pink flagging.

(1) Item 1:

(a) Subitem 1.1: Cherry Pit Unit 14 (45 acres). All acres within the marked boundaries of the unit meeting slope limitations for equipment will be machine masticated or mulched. These units will not be planted after fuel treatment is complete.

(b) Subitem 1.2: Avon (35 acres). All acres within the marked boundaries of the unit meeting slope limitations for equipment will be machine masticated or mulched. These units will not be planted after fuel treatment is complete.

(c) Subitem 1.3: Additional hourly work is not guaranteed under this contract, but if requested, would be for incidental work matching the same specifications as described in this contract within the Palouse Ranger District.

Contractors are encouraged to visit the project site in this solicitation, as well as areas that have been successfully machine mulched or masticated to these specifications in past contracts. Access to the Avon unit is on FR 4707. This road has a seasonal closure on it with the road being closed to full size vehicles between October 1st and June 15th of each year. Access to Cherry Pit 14 is on FR 3332 approximately ¾ east of State Highway 8 near the community of Helmer. Contractors may arrange to obtain access behind the gate to perform a site visit by calling Lisa Spinelli, Alan Carlson, or Renee Kuehner at (208) 875-1131.

GOVERNMENT FURNISHED PROPERTY

Gate keys, if needed to access units, will be signed out to the Contractor by the Government for the period of use needed to complete contract work. Keys will be returned to the Government upon completion of contract work.

DEFINITION OF TERMS

1) 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.

2) 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.

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

4) 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.

5) Dead and downed logs - Any log at least 12 inches in diameter on the smaller end and at least 8 feet in length

6) 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 and/or symptoms; damage or

· symptom does not affect growth or survival

· 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.

7) Fuels - Wildland vegetative material which can burn. It includes woody debris, suspended or down, and standing live trees 6 inches dbh or less that are not selected as leave trees.

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

9) 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.

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

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

12) 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.

TECHNICAL SPECIFICATIONS

(1) ROAD CLEARING

Areas identified as roads shall be kept clear of contractor-created mulching debris from the top of the cutbank to the downhill edge of the fill. Debris will not be permitted on road surfaces. Some trails may be identified to remain debris-free as well.

(2) EXISTING FACILITIES

Any existing facility including but not limited to water bars, culverts, roads, 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

The Contractor will not operate any equipment within 20 feet of any live stream.

(4) EQUIPMENT PERFORMANCE CAPABILITIES

a) All equipment shall be in good operational and mechanical condition and staffed by a qualified operator while being used. Both operator and equipment shall meet Operational Safety & Health Administrations (OSHA) safety regulations and labor industrial requirements for operating equipment in a forested environment. 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, top, and bottom.

b) Equipment must be capable of operating on slopes up to, but not exceeding, 55%. Slopes ranging from 40 - 55% will seldom be encountered. Slopes generally will vary from 0 - 40%, with a mean general average of 10-35%. Sidehill operation on 45 - 55% slopes will not be required.

c) Spacing between leave trees may be very tight. Heavy track mounted equipment or other mechanical apparatus proposed for use on this contract shall meet the following specifications:

1) Maximum ground pressure of less than 6 pounds per square inch, horsepower rating greater than 45, and a climbing ability up to 40% slope.

2) Effective arm reach of 10 feet.

3) Non leaking fluid systems.

4) Ability to process fuels 12 inches dbh or less to “chip” size of 3 inch dia x 1 foot-4 feet in length.

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

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

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

8) Ability to achieve desired condition without damaging leave trees.

(5) FUEL STORAGE

If contractor maintains a cache or storage of petroleum products on site of 100 gallons or more, Contractor shall provide a Spill Prevention Control and Countermeasures plan. Contractor shall take appropriate measures to insure containment of any spill from storage and keep from entering any watercourse, stream or body of water. It is the responsibility of the contractor to notify the COR immediately when Contractor has a spill of 5 gallons or more of any petroleum product(s). Contractor shall be held liable for cost of cleanup and restoration of resource.

(6) REFUELING

All refueling, maintenance, servicing and repairs shall be done at landings. Fuel, oil or other liquids contained in tanks, equipment, reservoirs or storage for operations site shall not be dumped on the ground.

(7) PERFORMANCE OBJECTIVES – FUEL REDUCTION

The work objective is to provide adequate fuel reduction in units such that performance objectives as described below are met for all sites.

Currently there is canopy closure reaching 70% within the project area. Thick, decadent brush greater than 6 feet tall is common in the understory.

a)

MATERIAL TO BE TREATED:

Size: Primarily treating decadent brush greater than 6 feet tall growing beneath the canopy of a mature/maturing pine overstory. In addition to this decadent brush other materials to be treated include small patches of logging slash, brush less than 6 feet in height, and trees with defect and/or undesirable species and size. Material in the 0 – 6 inch size class will be treated.

Quantity/Area: Area meeting equipment performance capabilities will be treated..

b)

TREATMENT REQUIREMENTS:

1. Selection of material to be treated for Ladder Fuels Reduction

Within each unit, the Contractor shall choose material as follows:

· Decadent brush greater than 6 ft tall.

· Brush and shrub greater than 1 foot in height

· Select short needle conifers competing with Ponderosa Pine with a DBH of 6 inches or less.

· Leave all pine and conifer trees which exceed a maximum DBH cut limit of 6 inches, unless identified by the COR.

2. FUELS TREATMENT

a.

Contractor shall reduce fuel as defined by this contract to a depth of 12 inches or less.

b.

The result of the fuels treatment will be small debris (limbs, sticks, needles, “chips”) less than or equal to 3 inch diameter x 1 foot-4 feet in length over entire treatment area. Piles of this debris greater than 3 inches deep or 25 square feet are unacceptable.

c.

Where they exist, at least 4 dead and downed logs per acre shall be retained. Dead and down logs are to be 12 inches in diameter on the smaller end and at least 8 feet in length.

d.

Equipment shall use existing skid trails wherever possible. Heavy equipment shall minimize turning by retreating on its path of entry when possible and by turning on existing roads, landings and hardened areas.

e.

Contractor shall remove any debris, slash material or chip residue, that is cast into or falls onto roadways (including cut banks and road shoulders) prior to the operation changing operating locations within the project area.

f.

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.

g.

For traffic safety, Contractor shall provide road signs that warn of heavy truck traffic and/or machinery work ahead for any roads that their operations may impact.

(8)

RESOURCE PROTECTION:

Work will be performed in such manner that resource damage is minimized and/or mitigated at all times. Damage to delicate soil compositions, creation of erosion potential, and scarring of leave trees and standing adjacent timber will not be acceptable.

Any existing facility including but not limited to roads, water bars, culverts, drainage ditches, fences, cattle guards, bridges, 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.

The Contractor will not operate any equipment within 20 feet of any live stream.

(9)

NOXIOUS WEED CONTROL:

In order to prevent the potential spread of noxious weeds, contractor will be required to use weed-free equipment. Contractor will remove all mud, dirt, and plants from all off-road equipment before moving onto National Forest land and inside the project areas. Cleaning must occur off National Forest lands. Equipment must be inspected by the Government prior to moving onto National Forest lands.

CONTRACTOR QUALITY CONTROL – Inspection of Services

Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

1) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

2) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

3) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

4) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may:

· Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

· Reduce the contract price to reflect the reduced value of the services performed.

5) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

· By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

· Terminate the contract for default.

G. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

1)

INSPECTION:

The Contractor shall notify the COR when each item is complete and ready for inspection. The Government will make a visual inspection of each contract item to determine quality. 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, the following systematic procedures will be used for inspection.

2)

SYSTEMATIC INSPECTION PROCEDURE:

Each contract item in question will be inspected to determine acceptability in accordance with the objectives. Upon receipt of notice from the Contractor of unit completion, a mutually agreed upon date for inspection will be arranged. The Contractor is encouraged to observe the inspection. The results will not be averaged with any other item for payment purposes. 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.

Area will be evaluated for adherence to Technical Specifications of this contract. Specifically, Performance Objectives will be closely monitored.

DELIVERIES OR PERFORMANCE REQUIREMENTS

(1) CONTRACT TIME

Contract time will start on the date specified below, the contractor will have 71 days to complete the contract. Should unforseen restrictions (such as fire restrictions or excessively wet ground conditions) force work stoppage, a contract time extension may be granted.

Item

Estimated Beginning Date

Performance Period Through

July 7, 2014

September 15, 2014 The Contractor shall maintain progress at a rate which will assure completion of the work within the contract time specified above.

Sub-items:

1.3 - Hourly: If additional hourly work is ordered, additional contract time will be specified.

Work Schedule Constraints. Work will be accomplished in a systematic and work-man like fashion.

(2) METHOD OF PAYMENT

Payment will be made at the unit price shown in the Schedule of Items for work that has been inspected and accepted by the Government.

When Government quality assurance indicates that the work does not meet contract requirements, the Government will take appropriate action in accordance with the Inspection clause in FAR 52.212-4 of the contract.

Payment will be Lump Sum (LS) at the full completion of each scheduled Item. Progress payments and partial payments should not be anticipated. Please note that this is to facilitate and support the new www.ipp.gov invoicing system.

(3) METHOD OF MEASUREMENT – Hourly Work

An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Forest Service, will constitute authorized work. Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute "actual operation".

Payment for Low boy transit for equipment from last designated work location/site/area to new work site and or area will be determined after full mobilization. Itemized payment request will be submitted to the Contracting Officer Representative through to the Contracting Officer for consideration and acceptance. Determination and valuation will be construed through FAR 52.212-4 Commerical Items, “Mutual Acceptance.”

(4) DAILY RECORD

The Contractor shall maintain a daily record for each piece of equipment showing:

· Contract number and item number applicable to the equipment

· Name of Contractor and Contract Item Number.

· Hours of actual operation on authorized work to nearest quarter hour.

· Hours of nonproductive time and reason.

· Start and stop time of Hobbs meter for each day worked

This daily record shall be documented on a shift ticket or other pre-agreed upon form. The operator performing the work shall sign the shift ticket and give a copy to the COR or Inspector each time an inspection is made.

USE OF PREMISES

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.

Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer, and concurrence with the District: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

FIRE CONTROL

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

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

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

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

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

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

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

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

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

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of personnel and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patroller may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the Patroller.

(12) Pump and Trailer. NOT USED

(13) Burning. NOT USED

PREWORK CONFERENCE

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

LANDSCAPE PRESERVATION

The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

LOSS, DAMAGE, OR DESTRUCTION

Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

CONTRACT CLAUSES

FAR

52.212-4 Contract Terms and Conditions—Commercial Items.

Contract Terms and Conditions—Commercial Items (Sept 2013)

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

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

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

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

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

(d) Disputes. This contract is subject to 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 notify in event of defective invoice; and

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

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected 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.