AG-0489-S-10-0342_hellgate-galice.pdf

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RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction Federal contract opportunity
Solicitation number
AG-0489-S-10-0342
Issued by
Department of Agriculture Forest Service Washington Office Economic Recovery Operations Center Northwest

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Solicitation (Complete except for Section 7 Attachments which are being uploaded to this site separately. Quotes are due by 4/15/10 at 2 00 pm PT)

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AG-0489-S-10-0342_amend3.pdf PDF
AG-0489-S-10-0342_amend2.pdf PDF
Section 7_Contract-Maps_UH7.pdf PDF
AG-0489-S-10-0342_amend1.pdf PDF
Section 7_Contract-Maps_G10B.pdf PDF
Section 7_Contract-Maps_G10D_1.pdf PDF
Section 7_Contract-Maps_G10A.pdf PDF
Section 7_Contract-Maps_G10D_2.pdf PDF
Section 7_Contract-Maps_G10C.pdf PDF
Section 7_Contract-Maps_G10E.pdf PDF

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

SANDY OR 97055

16400 CHAMPION WAY

EROC NORTHWEST

US FOREST SERVICE

0M00 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/15/2010 1400 PT

03/18/2010

503-668-1703TONYA RYMER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-0489-S-10-0342

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 2379433OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GRANTS PASS OR 97526

200 NE GREENFIELD ROAD

SISKIYOU NATIONAL FOREST

15. DELIVER TO

SANDY OR 97055

16400 CHAMPION WAY

EROC NORTHWEST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$17.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

US FOREST SERVICE

Sole Source

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

TAS::12 1118::TAS RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

Faxed quotes are acceptable and can be received at fax number (503) 668-1621. Confirmation of receipt should be directed to phone number (503) 668-1614.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

TONYA R. RYMER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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

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

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ARRA Project. RECOVERY Upper Hellgate #7 and (Place pricing on the Schedule of Items)

Galice #10 Fuel Reduction. Wild Rivers RD, RR/Siskiyou National Forest.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

22 of

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 1

TABLE OF CONTENTS

1. SF 1449 – SOLICITATION FOR COMMERCIAL ITEM

2. SCHEDULE OF ITEMS

3. FAR 52.-212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

4. ADDENDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES

4.1 FAR 52.222-54 Employment Eligibility Verification

4.2 FSAR 4G52.222-701 Employment of Eligible Workers

4.3 FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal

Agricultural Workers Supplement to 4G52.222-702 Worker Housing Field Sanitation Personal Protective Equipment Camping Provisions for Labor Intensive Projects

4.4 FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration

4.5 AGAR 452.219-70 Size Standard and NAICS Code Information

4.6 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

4.7 FAR 52.252-2 Clauses Incorporated by Reference

4.8 52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

4.9 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements

4.10 52.215-2 -- Audit and Records – Negotiation

4.11 AGAR 452.236-72 Use of Premises

4.12 AGAR 452.236-73 Archaeological or Historical Sites

4.13 AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution

4.14 AGAR 452.236-77 Emergency Response

5. FAR 52.215-5 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

6. CONTRACT SPECIFICATIONS

6.1 Scope of Contract

6.2 Location and Description

6.3 Government-furnished Property

6.4 Accessiblity

6.5 Motorized Equipment

6.6 Contractor Obligations

6.7 Special Requirement/Information

6.8 Sequence of Work

6.9 Salvageable Material

6.10 Definitations

6.11 No Cut Areas or Vegatation

6.12 Cut Trees / Shrubs

6.13 Thinning and Release

6.14 Roadside Vegetation Treatment Area

6.15 Pruning

6.16 Slash Chipping

6.17 Handpiling

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 2

6.18 Handpile Burning

6.19 Inspection of Services

6.20 Inspection and Acceptance

6.21 General contract Inspection Responsibility

6.22 Contractor’s Inspection Requirements

6.23 Contractor Inspection Results

6.24 Government Verification and Acceptance

6.25 Unsatisfactory Work

6.26 Rework and Re-Inspection after Rework

6.27 Re-Inspection Upon Contractor’s Request

6.28 Measurement and Payment

6.29 AGAR 452.211-74 Period of Performance

6.30 FAR 52.211-10 Commencement, Prosecution, and Completion of Work

7. ATTACHMENTS

Service Wage Determination 1977-0079, Revision 39 - Oregon Fire Protection and Suppression Plot Inspection Forms 1/50th acre Plot Inspection Forms 1/25th acre Plot Instructions Vicinity Maps Contract Unit or Road Maps

8. SOLICITATION PROVISIONS

8.1 FAR 52.212-1 Instructions to Offeror – Commercial Items

8.2 FAR 52.212-2 Evaluation – Commercial Items

8.4 FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

ADDENDUM TO FAR 52.212-3

Federal – Migrant and Seasonal Agricultural Worker Protection Act Registration

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 3

2. SCHEDULE OF ITEMS

UNIT and ROADSIDE VEGETATION PRE-COMMERCIAL THINNING/RELEASE, PRUNING, HANDPILING and CHIPPING of SLASH and HANDPILE BURNING

(Wild Rivers Ranger District, Rogue River-Siskiyou National Forest)

THIS IS A REQUEST FOR QUOTATIONS. AWARD WILL BE MADE BY ITEM. MULTIPLE

CONTRACTORS MAY BE SELECTED BUT ONLY ONE CONTRACTOR PER BID ITEM.

IF A SINGLE CONTRACTOR IS AWARDED MORE THAN 1 BID ITEM, THE PERFORMANCE TIME

FOR ALL AWARDED BID ITEMS WILL BE CONCURRENT (E.G. AT SAME TIME) BASED ON THE

TIME PROVIDED IN THE LARGEST (MOST ACRES) BID ITEM AWARDED TO THAT CONTRACTOR.

ITEM 1 (Galice #10-1R (Roads))

Roadside Vegetation Cutting, Thinning, Pruning and Slash Chipping (e.g.

vehicle accessible roads or sections of roads)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

Rd 2402 (Galice Road) n/a 48.4 91,695

Rd 2402-025 n/a 4.4 7,935

Rd 2402-046 Berm at 453 feet (walk in beyond)

0.3 453 (only part of total length)

Rd 2402-066 n/a 3.6 4,953 Rd 2402-073 n/a 3.5 5,486 Rd 2402-076 n/a 6.1 10,287 Rd 2402-513 n/a 0.8 1,080 Rd 2402-523 n/a 1.6 2,200 Rd 2510-050 n/a 4.5 7,380

SUB-TOTAL 73.2 131,469 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from unit acreage for payment.

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 4

ITEM 2 (Galice #10-2R (Roads))

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

Rd 2500-011 n/a 19.1 36,011 Rd 2500-503 n/a 1.5 2,590 Rd 2500-506 n/a 3.4 6,512 Rd 2500-507 n/a 1.6 2,610 Rd 2500-508 n/a 1.1 2,014 Rd 2500-509 n/a 3.1 5,800 Rd 2500-510 n/a 3.3 6,285 Rd 2500-511 n/a 3.8 7,130 Rd 2500-514 n/a 1.0 1,525 Rd 2500-516 n/a 3.6 6,358 Rd 2500-518 n/a 1.1 2,173 Rd 2500-519 n/a 0.3 632 Rd 2500-520 n/a 1.2 2,192 Rd 2500-522 n/a 2.5 4,760 Rd 2500-523 n/a 3.0 5,726 Rd 2500-526 n/a 1.0 1,975 Rd 2500-528 n/a 1.3 2,261 Rd 2500-532 n/a 1.5 2,933 Rd 2500-536 n/a 2.1 3,530

SUB-TOTAL 55.5 103,017 XXXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 5

ITEM 3 (Galice #10-3R (Roads))

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

Rd 2500-022 n/a 3.2 5,400 Rd 2500-023 n/a 0.4 807 Rd 2500-035 n/a 9.1 17,262 Rd 2500-038 n/a 0.3 460 Rd 2500-042 n/a 0.1 220

Rd 2500-052

Berm at 11,629 feet

(walk in 11,629- 13,547)

6.1 11,629 (only part of total road)

Rd 2500-061 n/a 0.9 1,725 Rd 2500-565 n/a 5.4 10,213 Rd 2500-568 n/a 3.1 4,738 Rd 2500-569 n/a 2.9 4,351 Rd 2500-571 n/a 0.5 814 Rd 2500-575 n/a 1.7 3,240 Rd 2500-580 n/a 1.6 2,732

Rd 2500-581 Berm at 618 feet (walk in 618-2209)

0.5 618 (only part of total road)

Rd 2500-582 n/a 1.1 1,722 Rd 2500-583 n/a 2.1 3,818 Rd 2500-584 n/a 1.3 1,795 Rd 2500-586 n/a 0.6 1,175

Rd 2509 n/a 15.2 28,850 Rd 2509-015 n/a 6.9 13,054 Rd 2509-020 n/a 2.3 3,850 Rd 2509-049 n/a 1.8 3,491 Rd 2509-055 n/a 2.5 4,740 Rd 2509-613 n/a 2.6 3,888 Rd 2509-615 n/a 1.1 1,615 Rd 2509-617 n/a 0.7 977 Rd 2509-620 n/a 0.5 830 Rd 2509-621 n/a 2.0 3,755 Rd 2509-625 n/a 1.1 2,115

Rd 2509-626 Berm at 1,260 feet (walk in 1,260- 2,698)

0.7 1,260 (only part of total road)

Rd 2509-627 n/a 1.0 1,452

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 6

Rd 2509-634 n/a 1.0 1,616 Rd 2509-635 n/a 0.5 870 Rd 2510-038 n/a 3.6 5,450

SUB-TOTAL 84.4 150,532 XXXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 7

ITEM 4 (Rogue River-Upper Hellgate #7)

Sub-Item 4a. Pre-Commercial Thin/Release, Prune, Handpile (RRUH #7)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20220393 (incl. 20220094, 20220251, 20220246)

N/a 182 N/a

20220244 N/a 19 N/a 20220239

(incl. 20220118) N/a 73 N/a 20220095 N/a 10 N/a

SUB-TOTAL 284 XXXXXX XXXXXXX

Sub-Item 4b. Handpile Burn (RRUH #7)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20220393 (incl. 20220094, 20220251, 20220246)

N/a 182 N/a

20220244 N/a 19 N/a 20220239

(incl. 20220118) N/a 73 N/a 20220095 N/a 10 N/a

Rd 2200-675 N/a 3.1 5,895

SUB-TOTAL 287.1 XXXXXX XXXXXXX

Sub-Item 4c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (RRUH #7)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

Rd 2200-675 N/a 3.1 5,895

SUB-TOTAL 3.1 5,895 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 8

ITEM 5 (Galice 10A)

Sub-Item 5a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10A)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20100267 (incl. 20100002, 20100008, 20100266, 20100268)

N/a 208 N/a

20100014 N/a 13 N/a 20100277

(incl. 20100021, 20100090)

N/a 130 N/a

20100034 (incl. 20100036, 20100270, 20100272, 20100274)

N/a 79 N/a

20100015 (incl. 20100017) N/a 49 N/a

20100043 (incl. 20100049, 20100263) N/a 65 N/a

20100041 N/a 30 N/a 20100275 N/a 3 N/a 20110005 N/a 27 N/a 20110040 N/a 17 N/a 20110036 N/a 12 N/a 20110038 N/a 11 N/a 20110030

(incl. 20110023, 20110024)

N/a 51 N/a

20110047 N/a 27 N/a 20110014 N/a 21 N/a 20110010 N/a 12 N/a 20110017 N/a 5 N/a 20110022 N/a 4 N/a 20110015 N/a 2 N/a 20110111

(incl. 20110066, 20110117, 20100143)

N/a 139 N/a

20100134 (incl. 20100080, 20100127, 20100128, 20100131, 20100132, 20100135)

N/a 138 N/a

20100073 N/a 39 N/a 20100117 N/a 26 N/a

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 9

20100120 N/a 13 N/a 20100119 N/a 2 N/a 20100118 N/a 1 N/a 20100265 N/a 60 N/a 20100269 N/a 23 N/a 20100281 N/a 16 N/a 20100280 N/a 8 N/a 20100262 N/a 6 N/a 20100089 N/a 1 N/a

SUB-TOTAL 1,238 XXXXXX XXXXXXX

Sub-Item 5b. Handpile Burn (Galice 10A)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20100267 (incl. 20100002, 20100008, 20100266, 20100268)

N/a 208 N/a

20100014 N/a 13 N/a 20100277

(incl. 20100021, 20100090)

N/a 130 N/a

20100034 (incl. 20100036, 20100270, 20100272, 20100274)

N/a 79 N/a

20100015 (incl. 20100017) N/a 49 N/a

20100043 (incl. 20100049, 20100263) N/a 65 N/a

20100041 N/a 30 N/a 20100275 N/a 3 N/a 20110005 N/a 27 N/a 20110040 N/a 17 N/a 20110036 N/a 12 N/a 20110038 N/a 11 N/a 20110030

(incl. 20110023, 20110024)

N/a 51 N/a

20110047 N/a 27 N/a 20110014 N/a 21 N/a 20110010 N/a 12 N/a 20110017 N/a 5 N/a 20110022 N/a 4 N/a 20110015

N/a 2 N/a

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 10

20110111 (incl. 20110066, 20110117, 20100143)

N/a 139 N/a

20100134 (incl. 20100080, 20100127, 20100128, 20100131, 20100132, 20100135)

N/a 138 N/a

20100073 N/a 39 N/a 20100117 N/a 26 N/a 20100120 N/a 13 N/a 20100119 N/a 2 N/a 20100118 N/a 1 N/a 20100265 N/a 60 N/a 20100269 N/a 23 N/a 20100281 N/a 16 N/a 20100280 N/a 8 N/a 20100262 N/a 6 N/a 20100089 N/a 1 N/a

Rd 2402-044 Berm at 0 (Walk-in 0-

3372 ft)

2.2 3,372

Rd 2402-046 Berm at 453 (Walk-in 453-

1710 ft)

1.0 1,257

Rd 2402-055 Berm at 80 (Walk-in 80-

558 ft)

0.4 558

Rd 2402-064 Berm at 75 (Walk-in 75-

10,008 ft)

6.7 10,008

Rd 2402-524 Berm at 20 (Walk-in 20-

1800 ft)

1.3 1,800

Rd 2402-525 Berm at 60 (Walk-in 60-

1450 ft)

1.0 1,450

Rd 2500-512 Berm at 0 (Walk-in 0-

3138 ft)

2.1 3,138

Rd 2500-513 Berm at 0

(Walk-in 0-777 ft)

0.5 777

Rd 2500-525

Berm at 0 (Walk-in 0-

4637 ft)

2.9 4,637

Rd 2500-535 Berm at 0

(Walk-in 0-500 ft)

0.3 500

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 11

SUB-TOTAL 1,256.4 27,497 XXXXXXX

Sub-Item 5c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (Galice 10A)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

Rd 2402-044 Berm at 0 (Walk-in 0-

3372 ft)

2.2 3,372

Rd 2402-046

Berm at 453 (Walk-in 453- 1710 ft) 1st 453 feet of rd to be chipped

1.0 1,257

Rd 2402-055 Berm at 80 (Walk-in 80-

558 ft)

0.4 558

Rd 2402-064 Berm at 75 (Walk-in 75-

10,008 ft)

6.7 10,008

Rd 2402-524 Berm at 20 (Walk-in 20-

1800 ft)

1.3 1,800

Rd 2402-525 Berm at 60 (Walk-in 60-

1450 ft)

1.0 1,450

Rd 2500-512 Berm at 0 (Walk-in 0-

3138 ft)

2.1 3,138

Rd 2500-513 Berm at 0

(Walk-in 0-777 ft)

0.5 777

Rd 2500-525 Berm at 0 (Walk-in 0-

4637 ft)

2.9 4,637

Rd 2500-535 Berm at 0

(Walk-in 0-500 ft)

0.3 500

SUB-TOTAL 18.4 27,497 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 12

ITEM 6 (Galice 10C)

Sub-Item 6a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10C)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20110050 (incl. 20110052, 20110055, 20110054, 20110191, 20110060, 20110058)

N/a 147 N/a

20110193 (incl. 20110195, 20110083) N/a 54 N/a

20110084 (incl. 20110057) N/a 32 N/a

20110196 N/a 13 N/a 20110063 N/a 11 N/a 20110192 N/a 5 N/a 20110086 N/a 2 N/a 20110197

(incl. 20110080, 20110101, 20110102)

N/a 37 N/a

20110074 N/a 25 N/a 20110105 N/a 23 N/a 20110108 N/a 14 N/a 20110198 N/a 6 N/a 20110076 N/a 6 N/a 20110107 N/a 5 N/a 20110048 N/a 5 N/a 20110078 N/a 2 N/a 20110200

(incl. 20110150, 20110202, 20110127, 20110109, 20110113, 20110116)

N/a 204 N/a

20110144 N/a 18 N/a 20110205 N/a 8 N/a 20100282

(incl. 20100150) N/a 73 N/a 20100285 N/a 39 N/a 20100283 N/a 38 N/a 20100139 N/a 16 N/a 20100148 N/a 6 N/a

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 13

20100124 (incl. 20100123) N/a 39 N/a

20100178 N/a 24 N/a 20100125 N/a 22 N/a 20100191 N/a 15 N/a 20100121 N/a 2 N/a 20100193 N/a 1 N/a

SUB-TOTAL 892 XXXXXX XXXXXXX

Sub-Item 6b. Handpile Burn (Galice 10C)

20110050 (incl. 20110052, 20110055, 20110054, 20110191, 20110060, 20110058)

N/a 147 N/a

20110193 (incl. 20110195, 20110083) N/a 54 N/a

20110084 (incl. 20110057) N/a 32 N/a

20110196 N/a 13 N/a 20110063 N/a 11 N/a 20110192 N/a 5 N/a 20110086 N/a 2 N/a 20110197

(incl. 20110080, 20110101, 20110102)

N/a 37 N/a

20110074 N/a 25 N/a 20110105 N/a 23 N/a 20110108 N/a 14 N/a 20110198 N/a 6 N/a 20110076 N/a 6 N/a 20110107 N/a 5 N/a 20110048 N/a 5 N/a 20110078 N/a 2 N/a 20110200

(incl. 20110150, 20110202, 20110127, 20110109, 20110113, 20110116)

N/a 204 N/a

20110144 N/a 18 N/a 20110205 N/a 8 N/a 20100282

(incl. 20100150) N/a 73 N/a 20100285 N/a 39 N/a 20100283 N/a 38 N/a

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 14

20100139 N/a 16 N/a 20100148 N/a 6 N/a 20100124

(incl. 20100123) N/a 39 N/a 20100178 N/a 24 N/a 20100125 N/a 22 N/a 20100191 N/a 15 N/a 20100121 N/a 2 N/a 20100193 N/a 1 N/a

Rd 2500-504 Berm at 160 (Walk-in 160-

2350 ft)

1.6 2,350

Rd 2500-517 Berm at 0 (Walk-in 0-

511 ft)

0.3 511

Rd 2500-529 Berm at 75

(Walk-in 160- 2920 ft)

1.8 2,920

Rd 2500-041 Berm at 60

(Walk-in 160- 350 ft)

0.2 350

Rd 2500-524 Berm at 0

(Walk-in 160- 1430 ft)

1.1 1,430

SUB-TOTAL 897 XXXXXX XXXXXXX

Sub-Item 6c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (Galice 10C)

Rd 2500-504 Berm at 160 (Walk-in 160-

2350 ft)

1.6 2,350

Rd 2500-517 Berm at 0 (Walk-in 0-

511 ft)

0.3 511

Rd 2500-529 Berm at 75

(Walk-in 160- 2920 ft)

1.8 2,920

Rd 2500-041 Berm at 60

(Walk-in 160- 350 ft)

0.2 350

Rd 2500-524 Berm at 0

(Walk-in 160- 1430 ft)

1.1 1,430

SUB-TOTAL 5.0 7,561 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 15

ITEM 7 (Galice 10D1)

Sub-Item 7a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10D1)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20110138 (incl. 20110190) N/a 22 N/a 20110140 N/a 8 N/a 20110147 N/a 31 N/a 20110162 N/a 15 N/a 20110164 N/a 31 N/a 20110166 N/a 26 N/a 20110199 N/a 7 N/a 20110169 N/a 18 N/a 20110136 N/a 18 N/a 20110144 N/a 19 N/a

SUB-TOTAL 195 XXXXXX XXXXXXX

Sub-Item 7b. Handpile Burn (Galice 10D1)

20110138 (incl. 20110190) N/a 22 N/a 20110140 N/a 8 N/a 20110147 N/a 31 N/a 20110162 N/a 15 N/a 20110164 N/a 31 N/a 20110166 N/a 26 N/a 20110199 N/a 7 N/a 20110169 N/a 18 N/a 20110136 N/a 18 N/a 20110144 N/a 19 N/a

Rd 2500-016 Berm at 0

(Walk in 0- 723 ft.)

0.4 723

Rd 2500-585 Berm at 0

(Walk in 0- 1828 ft.)

1.1 1,828

SUB-TOTAL

196.5 XXXXXX XXXXXXX

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 16

Sub-Item 7c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (Galice 10D1)

Rd 2500-016 Berm at 0

(Walk in 0- 723 ft.)

0.4 723

Rd 2500-585 Berm at 0

(Walk in 0- 1828 ft.)

1.1 1,828

SUB-TOTAL 1.5 2,551 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 17

ITEM 8 (Galice 10D2)

Sub-Item 8a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10D2)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20200125 N/a 12 N/a 20200133

(incl. 20200113) N/a 37 N/a 20200214 N/a 23 N/a 20200132 N/a 16 N/a

SUB-TOTAL 88 XXXXXX XXXXXXX

Sub-Item 8b. Handpile Burn (Galice 10D2)

20200125 N/a 12 N/a 20200133

(incl. 20200113) N/a 37 N/a 20200214 N/a 23 N/a 20200132 N/a 16 N/a

Rd 2509-626

Berm at 1260 (walk in

1260-2698) 1st part of road will be chipped

0.8 1,438

SUB-TOTAL 88.8 XXXXXX XXXXXXX

Sub-Item 8c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (Galice 10D2)

Rd 2509-626

Berm at 1260 (walk in

1260-2698) 1st part of road will be chipped

0.8 1,438

SUB-TOTAL 0.8 1,438 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 18

ITEM 9 (Galice 10E) OPTIONAL if funds become available. Make sure that handpile burning of any thinned stand is included.)

Sub-Item 9a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10E)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20200131 (incl. 20200130, 20200115) (Actually in

Galice 102D)

N/a 140 N/a

20110157 (incl. 20110204) N/a 86 N/a

20200003 (incl. 20200005) N/a 17 N/a

20100291 N/a 35 N/a 20200007 N/a 14 N/a 20100287 N/a 4 N/a 20100288 N/a 9 N/a

SUB-TOTAL 305 ac XXXXXX XXXXXXX Sub-Item 9b. Handpile Burn (Galice 10E)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20200131 (incl. 20200130, 20200115) (Actually in

Galice 102D)

N/a 140 N/a

20110157 (incl. 20110204) N/a 86 N/a

20200003 (incl. 20200005) N/a 17 N/a

20100291 N/a 35 N/a 20200007 N/a 14 N/a 20100287 N/a 4 N/a 20100288 N/a 9 N/a

SUB-TOTAL 305 ac XXXXXX XXXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 19

ITEM 10 (Galice 10E) OPTIONAL if funds become available. Make sure that

Sub-Item 10a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10E)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20190181 N/a 45 N/a 20190215 N/a 33 N/a 20190183 N/a 22 N/a 20190200

(incl. 20190199) N/a 54 N/a 20190218

(incl. 20190219) N/a 37 N/a 20190206 N/a 20 N/a 20190231 N/a 10 N/a 20190217 N/a 7 N/a 20100167

(incl. 20190196) N/a 194 N/a 20100169 N/a 39 N/a 20100184 N/a 28 N/a 20100289 N/a 12 N/a 20100290 N/a 2 N/a 20110181

(incl. 20100284, 20100158)

N/a 91 N/a

20190415 (incl. 20190203, 20190416, 20190419, 20190423, 20190424, 20190425, 20190427, 20190448, 20210428)

N/a 289 N/a

20190401 (incl. 20190485, 20190398, 20190396, 20190403, 20190404, 20190405, 20190406, 20190408, 20210409, 20190410, 20200022, 202000018)

N/a 357 N/a

20190412 (incl. 20190431, N/a 103 N/a

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 20

20190432, 20190444) 20190452 N/a 15 N/a 20190455 N/a 15 N/a 20190465 N/a 13 N/a 20190451 N/a 12 N/a 20190442 N/a 9 N/a 20190421 N/a 9 N/a 20190456 N/a 9 N/a 20190461 N/a 8 N/a 20190446 N/a 8 N/a 20190457 N/a 7 N/a 20190420 N/a 7 N/a 20190426 N/a 3 N/a

SUB-TOTAL 1,458 XXXXXX XXXXXXX

Sub-Item 10b. Handpile Burn (Galice 10E)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20190181 N/a 45 N/a 20190215 N/a 33 N/a 20190183 N/a 22 N/a 20190200

(incl. 20190199) N/a 54 N/a 20190218

(incl. 20190219) N/a 37 N/a 20190206 N/a 20 N/a 20190231 N/a 10 N/a 20190217 N/a 7 N/a 20100167

(incl. 20190196) N/a 194 N/a 20100169 N/a 39 N/a 20100184 N/a 28 N/a 20100289 N/a 12 N/a 20100290 N/a 2 N/a 20110181

(incl. 20100284, 20100158)

N/a 91 N/a

20190415 (incl. 20190203, 20190416, 20190419, 20190423, 20190424, 20190425, 20190427, 20190448, 20210428)

N/a 289 N/a

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 21

20190401 (incl. 20190485, 20190398, 20190396, 20190403, 20190404, 20190405, 20190406, 20190408, 20210409, 20190410, 20200022, 202000018)

N/a 357 N/a

20190412 (incl. 20190431, 20190432, 20190444)

N/a 103 N/a

20190452 N/a 15 N/a 20190455 N/a 15 N/a 20190465 N/a 13 N/a 20190451 N/a 12 N/a 20190442 N/a 9 N/a 20190421 N/a 9 N/a 20190456 N/a 9 N/a 20190461 N/a 8 N/a 20190446 N/a 8 N/a 20190457 N/a 7 N/a 20190420 N/a 7 N/a 20190426 N/a 3 N/a

Rd 2500-052

Berm at 11,629 (walk in 11,629- 13,547) 1st part of road will be chipped

1.2 1,918

Rd 2500-561 Berm at 0 (walk in 0-

2045)

1.4 2,045

Rd 2500-567 Berm at 19 (walk in 19-

4188)

3.1 4,188

Rd 2500-581

Berm at 618 (walk in 618- 2209) 1st part of road will be chipped

1.1 1,591

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 22

Rd 2509-021 Berm at 77 (walk in 77-

587)

0.4 587

SUB-TOTAL 1,465.2 XXXXXX XXXXXXX

Sub-Item 10c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (Galice 10E)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

Rd 2500-052

Berm at 11,629 (walk in 11,629- 13,547) 1st part of road will be chipped

1.2 1,918

Rd 2500-561 Berm at 0 (walk in 0-

2045)

1.4 2,045

Rd 2500-567 Berm at 19 (walk in 19-

4188)

3.1 4,188

Rd 2500-581

Berm at 618 (walk in 618-

2209) 1st part of road will be chipped

1.1 1,591

Rd 2509-021 Berm at 77 (walk in 77-

587)

0.4 587

SUB-TOTAL 7.2 10,329 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 23

ITEM 11 (Galice 10B) OPTIONAL if funds become available. Make sure that

Sub-Item 11a. Pre-Commercial Thin/Release, Prune, Handpile (Galice 10B)

UNIT or

ROAD

NUMBER

ACCESS

PROBLEMS ACRES

ROAD

TREATMENT

LENGTH

(feet)

COST PER

UNIT

TOTAL

COST

20100216 (incl. 20100279, 20100204) n/a 615 n/a

SUB-TOTAL 615 XXXXXX XXXXXXX

Sub-Item 11b. Handpile Burn (Galice 10B)

20100216 (incl. 20100279, 20100204) n/a 615 n/a

Rd 2402-118 Berm at 30 (walk in 30-

3580 ft)

1.9 3,580

Rd 2402-120 Berm at 120 (walk in 120-

3885 ft)

2.1 3,885

Rd 2510-565 Berm at 100 (walk in 100-

825 ft)

0.5 825

SUB-TOTAL 619.5 XXXXXX XXXXXXX

Sub-Item 11c. Roadside Vegetation Cutting, Thinning, Pruning and Handpiling (e.g. vehicle in-accessible roads or sections of roads) (Galice 10B)

Rd 2402-118 Berm at 30 (walk in 30-

3580 ft)

1.9 3,580

Rd 2402-120 Berm at 120 (walk in 120-

3885 ft)

2.1 3,885

Rd 2510-565 Berm at 100 (walk in 100-

825 ft)

0.5 825

SUB-TOTAL 4.5 8,290 XXXXXX

IMPORTANT NOTES

Potential Contractor MUST enter unit prices. Quotes in which unit prices are not entered may be considered unacceptable. Cost (pricing) will not be accepted for any quantities less than those specified and must be submitted for all bid items within an Item. NOTE: For units, non-riparian leave acres will be deducted from

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 24

Vendor Name: Phone

Signature: Fax Address: Email City, State, Zip: TIN# Duns#

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 25

3. CONTRACT TERMS AND CONDITIONS

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAR 2009)

(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 it is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of person to 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

RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 26

(e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

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

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

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

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

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

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

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

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

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

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

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

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 27

(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.

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RECOVERY Upper Hellgate #7 and Galice #10 Fuel Reduction PAGE 28

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to

Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

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

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

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

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

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4. ADDENDUM TO FAR 52.212-4 ADDITIONAL CLAUSES

A. The following additional clauses are incorporated and provided herewith:

4.1 FAR 52.222-54 Employment Eligibility Verification. (Jan 2009)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

“Employee assigned to the contract” means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

“Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

“United States”, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the

Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

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(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days…

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