SOL.doc

Idaho Panhandle National Forests

AG-02RC-S-15-0032

Hazardous Fuels Reduction Treatments

04/8/2015

INFORMATION CALL:

05/19/2015 12noon

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: _________% FOR

USDA – Forest Service

Idaho / Montana Acquisition Team

XX SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FORMCHECKBOX

HUBZONE SMALL SMALL BUSINESS PROGRAM

3815 Schreiber Way Coeur d’Alene, ID 83815

BUSINESS

FORMCHECKBOX

EDWOSB NAICS:

FORMCHECKBOX

SERVICE-DISABLED

SMALL BUSINESS FORMCHECKBOX

8(A)

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB XX 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: ___________________________________________ Tax Identification No.: __________________________________

Email Address: ________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

TELEPHONE N0.

FORMCHECKBOX

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

FORMCHECKBOX

SEE ADDENDUM

Idaho Panhandle National Forests

St. Joe, Coeur d’Alene River, Sandpoint, Bonners Ferry and Priest Lake Ranger Districts Boundary, Bonner, Kootenai, Shoshone, Benewah and Latah Counties, Idaho

PLEASE WRITE YOUR QUOTE IN

SCHEDULE OF ITEMS, Pages 2 thru 5 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. Write “Solicitation No. AG-02RC-S-15-0032” 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: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

SERVICES AND PRICES

SERVICES AND PRICES

SCHEDULE OF ITEMS. Award from this solicitation will result in a Firm-Fixed Price, Indefinite Delivery, Indefinite Quantity contract to provide anticipated services for a three year period for assorted methods of hazardous fuel reduction as described in the Items below. This will result in a contract term from date of award through September 30, 2017. Orders are limited to the availability of funds each fiscal year (see Availability of Funds, FAR 52.232-19). Planned and estimated work presented in the Schedule will be ordered and accomplished to the extent possible within contract limitations.

PRICING

ITEM NO.

DESCRIPTION

UNIT

2015 2016 2017

1.1 Excavator Piling, Category 1

ACRE $_______ $_____ $______

1.2 Excavator Piling, Category 2 ACRE $______ $______ $______

1.3 Excavator Piling, Category 3

ACRE $_______$_______$______

1.4 Excavator Piling, Category 4

ACRE

1.5 Mobilization, Coeur d’ Alene River District

LS

1.6 Mobilization, St. Joe District

LS

1.7 Mobilization, Priest Lake District

1.8 Mobilization, Bonners Ferry District

1.9 Mobilization, Sandpoint District

UNIT 2015 2016 2017

2.1

Hand Piling

ACRE $_____ $_____ $______

2.2 Mobilization, Coeur d’ Alene River District

LS

2.3

2.4 Mobilization, Priest Lake District

LS

2.5

2.6

PRICING

3.1

Fireline & Fuel Break Construction, with Machine, Category 1

MI

3.2 with Machine, Category 2

3.3 with Machine, Category 3

3.4

Fireline & Fuel Break Maintenance, with Machine

3.5

Fireline and Fuel Break Rehabilitation, with Machine

3.6

Mobilization, Coeur d’ Alene River District

LS

3.7

3.8

Mobilization, Priest Lake District

LS

3.9

3.10

UNIT 2015 2016 2017

4.1 with Hand Crew

4.2

Fireline and Fuel Break Maintenance, 4.3

Fireline and Fuel Break Rehabilitation, 4.4

Mobilization, Coeur d’ Alene River District

LS

4.5

4.6

Mobilization, Priest Lake District

LS

4.7

Mobilization, Bonners Ferry District

LS

4.8

Mobilization, Sandpoint District

5.1 Landing Clean-up Piling

EA $______ $_______ $______

5.2 Mobilization, Coeur d’ Alene River District

LS

5.3

5.4 Mobilization, Priest Lake District

LS

5.5 Mobilization, Bonners Ferry District

LS

5.6

LS $______ $______$_______

ITEM NO. DESCRIPTION

7.1 Slashing/Bucking Hazardous Fuels

ACRE

Light (100-200 tpa)

7.2

ACRE $________$_______$_______

Moderate (200-500 tpa)

7.3

ACRE

Heavy (500+ tpa)

7.4 Mobilization, Coeur d’ Alene River District

LS

7.5

7.6

7.7 Mobilization, Bonners Ferry District

LS $________$_______$______

7.8 Mobilization, Sandpoint District

8.1 Chipping & Mastication, Category 1 0-1499 trees per acre ACRE $______ $_______ $_______ 8.2 Chipping & Mastication, Category 2 1500-2500 trees per acre ACRE $______ $_______ $_______

8.3 Chipping & Mastication, Category 3 2501+ trees per acre ACRE $______ $_______ $_______ 8.4 Chipping & Mastication, Category 4 Variable complexity ACRE $______ $_______ $_______ 8.5 Mobilization, Coeur d’ Alene River District

LS

8.6

8.7

8.8

LS $_______$_______$________

8.9

LS $_______$_______$________

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

GENERAL SPECIFICATIONS

SCOPE OF CONTRACT. This contract requires Fuels Reduction Treatments and related work in compliance with its terms, specifications, and provisions. This includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals required to accomplish the work.

This work is being solicited as a commercial-item performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

LOCATION AND DESCRIPTION. The work may be located in various areas within the Idaho Panhandle National Forests. Vicinity and project maps, and other site-specific information will be furnished with the award of individual Task Orders.

TECHNICAL SPECIFICATIONS FOR MACHINE PILING:.

(1) A track mounted excavator meeting the following requirements:

· (Preferred maximum; machines exceeding this weight may be deemed inappropriate for Task Orders based on ground conditions) operating weight: 33,000 lbs.

· Hydraulically operated bucket and thumb

· Adequate protective guarding, including ROPS

(2) Excavator must have a grapple or bucket and thumb or a combination of both. Must be capable of grasping slash 1 inch to 24 inches in diameter and must be able to support the weight of the machine in order that it may lift machine off stumps and rocks and to assist in maneuvering on steep slopes.

(3) Safety. This type of operation can expose the machine and operator to significant hazards caused by dislodged falling material or debris projected back toward the machine. For this reason, adequate guarding shall be required to protect both machine and operator.

PERFORMANCE STANDARD (Machine Piling). This work may occur on slopes up to 45% and on rocky terrain. Many of the worksites have portions of ground that will be declared unpliable due to excessively steep slopes, wet or rocky surfaces, or light fuel loadings. Areas determined to be unpliable will be deleted from the quantity. Payments will be made only for the actual acres piled.

Slash shall be accumulated into piles that are compact and relatively free of dirt and decomposed duff. The slash up to 7” in diameter is to be piled. Any changes will be specified in the Task Order or in writing by the Contracting Officer. The slash shall be gathered and piled, with slash aligned in the same direction as much as possible. Piles shall not be less than 6 feet in height.

Past experience indicates that a ratio of two vertical feet to three horizontal feet results in piles with optimal burning capability. Examples: 6 feet high should be 9 feet wide, 12 feet in height should be 18 feet wide. Windrows will not be accepted.

The majority of the slash to be piled will be pre-sawed into 10-12 foot lengths, with the exception of Category 4 where no slash will be pre-sawed and will require the operator to break or saw material.

Piles shall be kept as far away from designated leave trees as feasible--a minimum of 15 feet where possible to accommodate burning procedures—when slash is burned later by the Government, the expectation is to have a minimum of 5 feet from the dripline to prevent canopy scorch. All piles shall be at least 10 feet from unit boundaries adjacent to Forest Service land and 20 feet from unit boundaries adjacent to private land. All slash piling shall be conducted in such a manner as to allow operations without damaging residual trees. All standing trees shall be retained in an undamaged condition. Placement of piles shall be in such a manner so as to not damage road surfaces or road drainage structures. No slash shall be left within 5 feet of culverts, nor on trails, roads or fill-slope after piling.

In areas where roadside piling is required, the Contractor shall keep the equipment’s tracks parallel to the road surface. If the machine must leave the road it must do so perpendicular to the fill or cut slope, and with prior approval by the Forest Service’s authorized representative. The width of the roadside piling can vary, based on types and amounts of fuels on the ground, and will be designated in the individual Task Orders. No piles will be built in the road prism from the top of the cut slope to the bottom of the fill slope. Any damage to road surface, cut, or fill slope must be repaired prior to Government acceptance.

Category Definitions:

Category 1

35-50 tons per acre

Slope 0-35%, Tree density tends to be moderately open with some restrictive swing movement. Some decisions are required by the operator concerning where best to build slash piles.

Category 2

Standing tree density tends to be more restrictive (than Category 1) and machine maneuvering becomes more time consuming, but slope and fuel loading are the same as Category 1

Category 3

Heavy fuel loading: 50+ tons per acre

Slope 0-35%+ Dense standing tree conditions that require careful machine travel and swing movement. Operator is required to monitor pile placement closely in order to avoid crown and stem scorch.

Category 4

Slope 0-40%+

In these units, slashing of damaged or suppressed trees and bucking to the standard lengths is almost non-existent.

PERFORMANCE STANDARD (Handpiling). Slash to be handpiled shall include all material from 1 inch diameter up to and including 3 inches in diameter at the large end, having a minimum length of 3 feet. Piles shall have a minimum height of 4 feet and a maximum height of 10 feet. Piles shall be located at least 5 feet away from any residual green tree (anticipated fall burning dripline), and 10-20 feet from unit boundary. If conditions make it impractical to locate piles so that damage to residual green trees can be avoided, an area designated by the Forest Service will be cleared and used as a piling area.

Piles shall be constructed reasonably compact and free of soil to facilitate burning. Piles shall also be constructed with enough fine materials (less than 1 inch in diameter), such as twigs and needles to easily ignite and burn the pile. All piles shall have a sturdy base to prevent the pile from toppling. Piles shall not be constructed on downed logs or stumps. Material in piles shall be orientated in one parallel direction and shall not be “teepee” stacked. (See Section J, Exhibit X).

Handpile Covering. When covering piles is included as part of a Task Order, the Contractor shall cover all piles within the pre-identified handpile units with a waterproof material approved by the Contracting Officer. A minimum of 16 square feet of each pile or 75 percent of the surface area shall be covered. This covering shall be placed over the center of the pile, at between ½ and ¾ the height of the pile. Pieces of branch wood shall be placed on top of the waterproof material to secure the covering. The material used to cover the piles must not violate regulations in place for the State of Idaho or the State of Montana.

PERFORMANCE STANDARD (Slashing and Bucking). For Slashing units, a Silvicultural Diagnosis and Prescription will be included with the individual Task Order. The Contractor shall select and monitor leave trees in order to achieve the requirements specified for each Item.

All trees, other than leave trees or specified regeneration trees, shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the cutting point shall be removed. Trees shall be completely severed from the stump. Stump height shall not exceed 6 inches above ground level or 4 inches above natural obstacles. Stumps shall be cut horizontally, not slanted, to avoid creating ‘punji sticks’.

Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed. Any tree felled into private land shall be pulled back into the thinning unit. No slash will be left on the cut banks or culvert basin and outlets. All thinning slash shall be placed on or near the ground surface, so that it is not leaning against or suspended by an uncut tree, stump, log, or any obstacle. Snags may not be cut unless the Contractor elects to fall them for safety reasons, and receives concurrence from the Government prior to felling. Snags should be felled prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall. All slash, including pre-existing slash, shall be bucked into specified lengths as stated in individual Task Order.

PERFORMANCE STANDARD ( Machine-Constructed Fireline and Fuel Break). In areas where fireline will be constructed, a continuous mineral soil line not less than 2 feet and not greater than 4 feet shall be cleared completely to expose mineral soil and placed on the outer edge of the unit. Firelines shall be cleared of all combustible material for a minimum width of 16 feet. This material shall be placed inside the cutting unit relatively free of mineral soil and scattered to minimize berm-like concentrations near the burn edge. Slash will not be buried or covered with dirt during the construction of the fireline. The mineral soil line shall not be any deeper than is necessary to expose mineral soil. When fireline is located on steep slopes, installation of waterbars may be required to mitigate erosion potential. Spacing and the degree of angle will be designated by the Contracting Officer’s Representative through a Work Order. Waterbars will be installed to slope to the outside of the unit with no residual materials blocking any potential flow of water.

Material produced from scraping down to mineral soils shall be placed on the outside of the line/unit, unless otherwise specifed in a Task Order.

Fuel Breaks shall generally be constructed not less than 10 feet and no greater than a width of 20 feet with all combustible material removed to break the continuity of the fuel bed. The width of the fuel break can vary, based on types and amounts of fuels on the ground, and will be specified in each individual Task Order award. Material cleared in the fuel break construction shall be placed on a designated side of the fuel break, and shall be free of mineral soil, and scattered to avoid concentrations greater than 2 feet in height. Acceptable equipment for fireline and fuelbreak construction is an excavator equipped with an approved bucket and thumb. Other equipment may be approved in writing by the Contracting Officer prior to award of Task Order.

Fireline Construction Work Categories:

Category 1 per MLF

Slope: 0-25%; minimal erosion barriers required. Line location is reasonably free of slash requiring minimal scattering or throwback.

Category 2 per MLF

Slope: 26-45%; erosion barriers required. Line location contains moderate amounts of slash requiring throwback or side scattering.

Category 3 per MLF

Slope: 46%+; numerous erosion barriers required.

Throwback and scattering is not emphasized in this Category because of slope constraints.

PERFORMANCE STANDARD ( Hand-Constructed Fireline and Fuel Break). Fireline construction is accomplished by removing all material (down logs/branches, live and dead vegetation, forest surface litter and duff) down to bare mineral soils and free from organic debris (roots, rotten logs). Material produced from scraping down to mineral soils shall be placed on the outside of the line/unit. Hand fireline clearing shall be at least 12 inches in width, but may be wider (up to 18 inches) depending on individual units and location along points of each unit (e.g. wider at the top of units with steep slopes or having heavy fuel loading immediately outside the unit). Portions of hand fireline along the bottom of units with steep slopes shall have “cup trench” fireline to catch rolling materials, where the depth of the line is at least ½ the width of the line (e.g. 12” wide line shall have at least 6” depth cup trench). When fireline is located on steep slopes, installation of waterbars may be required to mitigate erosion potential. Spacing and the degree of angle will be designated by the COR. Waterbars will be installed to slope to the outside of the unit with no residual materials blocking any potential flow of water.

Fuelbreak construction is accomplished by removing all materials (live and dead) above ground, clearing an area along the fireline for at least 8 feet from the fireline toward the interior of the unit and up to eight feet in height. Larger trees (> 8 inches dbh (diameter at breast height) shall not be removed but the live and dead limbs shall be removed along the tree trunk, without damage to the trunk, to a height of 8 feet). This material shall not be placed in concentrated piles nor in windrows, but shall be scattered into the interior of the unit. Stumps and staubs from cutting small trees in the fuelbreak shall not be greater than 3 inches in height from ground/rock level. Fuel breaks located along the top of units with steep slopes may be wider than 8 feet.

PERFORMANCE STANDARD (Fireline/Fuel Break Maintenance). Maintenance will occur in areas where the firelines and fuel breaks have been previously constructed, but need to be improved due to ingrowth of grass and shrubs and fallen trees into the fireline and/or fuelbreak. The fireline and fuel break shall be improved to the same standards described in the Fireline/Fuel Break Construction Performance Standard. Fireline and fuelbreak constructed by hand crews shall be maintained using hand crews.

PERFORMANCE STANDARD (Fireline/Fuel Break Rehabilitation). In areas where firelines and/or fuelbreaks will be rehabilitated, all berms and accumulations of dirt and duff shall be returned to the area cleared to mineral soil as much as possible, and smoothed or scattered to resemble the original contour of the ground. Slash or other down vegetative material shall be pulled back over the cleared area to assist in erosion prevention and to serve as down woody debris. Where firelines to be rehabilitated are located on steep slopes, construction of waterbars may be required to mitigate erosion potential. Spacing and the degree of angle will be designated by the COR in a written Work Order. Waterbars to be constructed will slope to the outside of the unit burned area with no residual materials blocking any potential outflow. Fireline and fuelbreak constructed by hand crews shall be rehabilitated using hand crews.

PERFORMANCE STANDARD (Landing Cleanup). A landing is considered a place where any logs or products are gathered for loading. All slash accumulated at landings shall be piled. Piles shall be reasonably compact and free of soil to facilitate burning. Piles shall be no less than 10 feet in height and no more than 30 feet in length. Piles shall be of a size and location which will not impair road use nor result in damage to residual timber. Piles shall be located at least 25 feet from residual timber.

PERFORMANCE STANDARD (Chipping and Mastication). Definitions:

*Chipping: Operation similar to grinding by a mobile chipper shredder or equivalent, either wheeled or tracked, to reduce vegetation. This operation often results in finer chips after treatment.

*Mastication: Reducing to a pulp by crushing, grinding or chewing and spreading the material throughout the stand. This operation often results in coarser chips after treatment.

Accomplish chipping/mastication throughout the entire unit, excluding areas identified in the Task Order, or by excessive slope. Mechanically chip/masticate all slash, standing material 6 inches or less dbh (diameter at breast height) and brush. Slash includes any cut vegetation or existing natural (dead and down) woody debris. All surplus vegetation and slash shall be ground or cut, such that no woody piece is remaining that measures greater than 3 feet in length, except for larger down logs (> 10 inches round and over 15 feet in length, sound or rotten) to meet large woody debris retention requirements. This requires coordination with the COR on a unit by unit basis. Stumps shall be no higher than 6 inches from ground level. Chip depth shall not be more than 12 inches above the normal plane of the ground. Material chipped/ masticated along the Forest boundary and private property shall not be scattered onto private property. Mastication and chipping may be utilized on existing slash piles and/or small landing piles, or in combination with debris material throughout the unit.

Category 1 0-1499 trees per acre, < 20% slope, 6” max diameter (DBH)

Category 2 1500- 2500 trees per acre < 20% slope, 6” max diameter (DBH)

Category 3 2501+ trees per acre <20% slope, 6” max diameter (DBH)

Category 4 Variable complexity. One or more of the following conditions may exist: steeper slopes, tighter spacing due to specified regen leave trees (ghosting), and/or pre-existing down woody material.

PERFORMANCE STANDARD (Protection of Existing Facilities, Developments and Resources).

Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. Any damages caused by the Contractor shall be corrected at the sole cost of the Contractor.

Existing Facilities. If existing facilities, such as roads, culverts, erosion dips, drainage facilities, barriers, fences, any other improvements, section corners, and bearing trees are damaged by the Contractor’s operations, they shall be replaced or repaired to original condition by the Contractor at no cost to the Government.

Protection of Streamcourses. The Contractor shall minimize damage to streamcourses. Machinery shall not enter closer than 50 feet of any intermittent stream, 150 feet of any year round non-fish bearing stream, and 300 feet of any fish bearing stream. Slash shall be pulled out of dry draws with defined channels, and out of draws that have the potential to flow water. Piling in, or crossing of any intermittent stream, year-round streams, or wet areas must have prior written approval from the Contracting Officer’s Representative in the form of a Work Order.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988). If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

CULTURAL RESOURCES. The Contractor shall protect all “Areas to Protect”, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. The Contractor shall immediately notify the Forest Service if damage occurs to any Cultural Resources and shall immediately halt operations in the vicinity of the Resource where damage occurred until the Forest Service authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. Wheeled or track-laying equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless agreed otherwise, trees shall not be felled into such areas.

SPECIAL TREATMENT AREAS AND LEAVE ISLANDS. Treatment and salvage will not be allowed in flagged special treatment areas and leave islands. Excavators shall not enter special treatment areas or leave islands.

PERFORMANCE STANDARD (Prevention and Control of Soil Erosion). The Contractor shall minimize soil erosion. Precautions shall include prevention of gullying of roads and skid trails within and adjacent to the piling units. On steeper ground the excavator shall not use the same path to move about to the extent that rutting in the traveled path begins to form. Equipment shall not be operated when ground conditions are such that excessive damage will result. The Forest Service shall suspend operations of any machine work when the Government deems the conditions are not conducive to piling. This may include steep slope, wet soils, puddling due to rain or thawing.

PERFORMANCE STANDARD (Noxious Weed Control). The Contractor shall clean all off-road equipment prior to entry into each unit, unless prior approval is received from the COR. Remove all dirt and plant parts and material that could carry noxious weed seeds into the unit. Only off-road equipment cleaned, inspected, and approved by the COR will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. “Off-road equipment” does not include personal vehicles or support equipment that remains on the main travel route. Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the Forest Service at an agreed-upon location. The Contractor shall provide the Forest Service at least 24 hours’ advance notification when equipment is ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the Contractor and the COR shall mutually agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

GOVERNMENT QUALITY ASSURANCE. Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

INSPECTION PROCEDURES. The Government will perform a visual examination of the work. If the visual examination shows the work does not conform with the contract specifications, a systematic inspection will be made. The Government will make an inspection of each individual contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection. Inspections may consist of checking piles for compaction, size, and non-burnable materials, conducting Browns Down Woody Fuels Surveys, or conducting formal silvicultural plots to calculate trees per acre and spacing and to determine if the silvicultural prescription is being met.

CONTRACTOR QUALITY CONTROL. The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final contract release.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include:

· Control procedures for security of Government-provided items such as keys, lock

Combinations or any other Government-furnished property

· Government access to the Contractor’s inspection documents

· Corrective or preventive actions that will be taken to meet quality standards

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (DEC 2014)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 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 electronic invoice 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 – 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 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 SAM 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 SAM 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 SAM 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 SAM database. Information provided to the Contractor's SAM 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 CCR accessed through http://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(u) Unauthorized Obligations.

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

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

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statue and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 52.212-4 Addendum to - Contract Terms (DEC 2014) FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.