CONTRACT.doc

GREEN ANT THIN/HP/BURN

RECOVERY PROJECT

Table of Contents

DOCUMENT

Page

1. SF-1449 – COVER PAGE

2-3

2. SCHEDULE OF ITEMS

3. STATEMENT OF WORK

5-11

4. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS

12-15

– COMMERCIAL ITEMS

5. ADDEDUM TO 52.212-4 SPECIAL CONTRACT CLAUSES

16-25

AND ARRA CLAUSES

6. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS

26-30

TO IMPLEMENT STATUTES AND EXECUTIVE ORDERS

LIST OF ATTACHMENTS (Provided as a separate electronic document):

7. ATTACHMENTS (inlcudes maps, wage determination, fire specifications, etc.)

INSTRUCTIONS – (Provided as part of Electronic Bid Packet)

8. FAR 52.212-1 – INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS

9. ADDEDUM TO FAR 52.212-1 FORMS/ INSTRUCTIONS

10. FAR 52.212-2 – EVALUATION OF OFFERORS

11. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –COMMERCIAL ITEMS

12. FAR 52.215-5 FACSIMILE OFFERS

LOCAL TIME 4:30 PM

INFORMATION CALL

SARAH ACKERMAN—Contract Specialist

RAY CORNELL—Technical Contact

541-575-3155

541-573-4360

05/05/2010 1230 PS

10. THIS ACQUISITION IS

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UNRESTRICTED

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SET-ASIDE. 100% FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

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8(A)

UNDER DPAS (15 CFR 700)

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SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

MALHEUR NATIONAL FOREST

431 PATTERSON BRIDGE ROAD

P.O. BOX 909

JOHN DAY, OR 97845

US FOREST SERVICE

FACILITY CODE

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

IS CHECKED: FORMCHECKBOX

SEE ADDENDA Submit invoices to address shown in block 9.

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

SARAH ACKERMAN

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

SEE ATTACHED SCHEDULE OF ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 4/2002) BACK

US Forest Service - EROC – NORTHWEST

GREEN ANT

EMIGRANT CREEK RANGER DISTRICT

THINNING– HAND PILING- BURNING

SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

001a

001b

001c

Contractor Name

DATE

Address & Phone No.

Email Address:____________________________

Signature of Authorized Representative

CONTRACTOR INFORMATION

TIN: _____________________

DUNS: ___________________

1.

SCOPE OF CONTRACT

The purpose of this solicitation is to secure a complete set of services to accomplish hand tree thinning, hand piling of existing and created slash within the treatment units, and burning of the hand piles created on the Emigrant Creek Ranger District.

The Contractor shall furnish all labor, supervision, equipment, materials, transportation, supplies, (unless specified elsewhere as Government-furnished) and incidentals required to accomplish the work.

2.

PROJECT LOCATION AND DESCRIPTION

The project work area is located on the Malheur National Forest, Emigrant Creek Ranger District. Vicinity and project maps showing project location and access are attached. Other information regarding specific units are contained in the Detail Unit Information Sheet.

3.

ACCESSIBILITY

Most work areas may be reached by a standard two-wheel drive pickup during normal operating seasons. Some units; however, may require a four-wheel drive vehicle.

No vehicles shall be permitted to operate off system roads without approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the Government. If a road is not accessible, the Government may, under the Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or; (3) substitute similar unit(s) or (4) negotiate a cost adjustment for change in access.

Where roads are recently thawed, very wet or saturated due to runoff or unseasonable weather conditions, road conditions may dictate the need to delay use of some road segments in order to ensure no damage to the road, drainage structures or the adjacent environment.

The Contractor may request entry on cooperative road closures, (green dot), or other road closures through the appropriate Ranger District office. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger. No vehicle access is permissible prior to receiving written permission.

4.

BOUNDARIES

Boundaries are marked with orange and/or fluorescent green plastic flagging and/or white or blue boundary signs. Leave areas within units are designated with plastic flagging and/or white signs, or are otherwise indicated on the Detail Unit Information Sheet(s).

5.

CONTRACTOR SLASH REMOVAL

The Government may approve removal rights for slash to be treated, on a unit-by-unit basis. Approval is strictly at the Government’s discretion and may include special requirements such as road maintenance.

If removal rights are granted, removal shall be concurrent with other operations and any special requirements shall be met. Removal operations shall not affect any other contract requirement, particularly cut tree selection.

When requesting removal rights, the Contractor shall provide written information on how removal operations shall be conducted. Any equipment used to remove the slash shall be less than 8 pounds per square inch ground pressure and capable of maneuvering within the stand without damaging leave trees.

6.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated inspector, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Contracting Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

7.

DEFINITIONS

(A) Average Spacing – The distance in feet between leave trees as defined in the Detail Unit Information Sheet.

(B) Bucking – The cutting of down trees or logs to a designated length.

(C) Burning Permit – A document that sets forth the conditions under which the Contractor may be allowed to burn.

(D) Co-dominant Trees – Trees with crowns forming the general level of the crown canopy and receiving full light from above, but comparatively little from the sides, usually with medium-sized crown more or less crowded on the sides

(E) Bole Spacing – Spacing measured between the boles of the trees. Detail Unit Information Sheet(s) list the acceptable bole spacing.

(F) Crown Spacing – Spacing measured between the outer edges of the tree crowns. Detail Unit Information Sheet(s) list the MINIMUM acceptable crown spacing.

(G) Cut Trees – Trees within the minimum-maximum cut range as defined in the Detail Unit Information Sheet(s) that are not selected as a leave tree.

(H) DBH (Diameter Breast Height) – Outside diameter of the tree stem at a point 4-1/2 feet above uphill side of the tree.

(I) Deficient Trees – Those trees cut which should have been left to maintain average spacing requirements as determined by inspection.

(J) Dominant Trees – Trees with crowns extending above the general level of the crown canopy and receiving full light from above and partially from the side. They are larger than the average trees in the stand and have dense crowns, which are comparatively wide and long.

(K) Elk Calving Season – Period of time from May 1 to June 30.

(L) Excess Trees – Any remaining tree that should have been cut as determined by inspection.

(M) Hang-up Trees – Any cut tree suspended more than 3 feet off the ground.

(N) Healthy Tree – A healthy tree is one that is undamaged due to defects or deformity resulting from agents such as wind, snow, animals, insects, diseases, or equipment.

(O) Genetic Tree – Phenotypically selected trees, which shall be protected from damage or destruction.

(P) Leave Tree – Those trees left uncut to meet the average spacing requirements and trees over the maximum cut size specified in the Detail Unit Information Sheet(s).

(Q) Limbing – The cutting of branches from the bole of a log or cut tree.

(R) Lopping and Scattering – The removal of branches, bucking, and the moving and rearranging of slash over a large area.

(S) Noxious Weeds – Any exotic plant species established or that may be introduced in the State which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the appropriate County Weed Board or by other appropriate agencies having jurisdiction.

(T) Riparian Zone – The zone that extends from the normal stream bank to the toe or break of the slope. The zone can be further identified by the presence of vegetation that requires free or unbound water to conditions that are more moist than normal in many stream valleys.

(U) Slash – The term “slash” means all vegetative material, including cull logs, tops, damaged or destroyed reproduction, saplings, or poles which were created or disturbed by any type of vegetative cutting, clearing construction, or cultural treatment. Any portions of trees or snags that were previously felled are considered to be part of the slash; also woody material on the ground killed by insects, disease, or natural causes.

NOTE: Cull logs approximately 12 inches or greater in diameter at the small end and approximately 8 feet or longer in length, shall not be treated as slash. It is intended that this size material be left untreated to meet wildlife objectives.

(V) Stem Spacing – Average spacing measured between the stems of the leave tree.

(W) Stocking Level Control – The cutting of trees in excess of those to be left for future management.

(X) Stream – Shall include year long and intermittent streams that ordinarily go dry at one or more times during the year.

(Y) Thinning Slash – The term “thinning slash” means all vegetative material including stems, limbs, branches, damaged brush, damaged or destroyed reproduction, saplings, or poles, which were created or disturbed by the Contractors thinning.

(Z) Wildlife Trees – Wildlife trees are marked with an orange band or orange ‘W’ and/or may be tagged with a wildlife tree tag.

(AA)

Wildlife Log – A log with minimum measurements of 12 inches diameter and 8 feet long.

(BB)

Wildfire – Any unplanned fire, usually requiring suppression action, or a free burning fire unaffected by control measures.

8.

THINNING PERFORMANCE STANDARDS

The desired outcome is to attain the tree spacing for each unit specified in the Detail Unit Information Sheet(s) at a 95 percent or higher quality. The level will be based on sampling of cut and leave tree selection. Spacing of leave trees may be varied up to 25 percent to leave the most desirable tree as long as the average post-thinning trees per acre given on the Detail Unit Information Sheet(s) is maintained.

1. Leave Tree Standards

a) Leave trees shall generally be those of tallest height, largest crown, straightest stems and largest boles that are free of damage due to insects, disease, physical, or mechanical causes.

b) Species – Unless otherwise specified, give leave tree preference in the following order:

(1) Western White Pine

(2) Western Larch

(3) Ponderosa Pine

(4) Douglas-Fir

(5) Engleman Spruce

(6) Lodgepole Pine

(7) Grand Fir/Sub-Alpine Fir

c) Leave Trees shall be selected by the Contractor as per the Detail Unit Information Sheet(s), and supplemental information provided from the District on such things as cull trees and disease tree prioritization; however, the Government may mark individual leave trees or groups of leave trees prior to thinning.

d) All trees regardless of diameter shall be considered in spacing.

e) Contractor shall leave all shrubs, broad-leafed trees, wildlife trees, and genetic trees.

f) Contractor shall leave all dead trees of any size or species, unless otherwise specified in the Detail Unit Information Sheet(s).

g) Contractor shall leave all trees within 100 feet of springs, bogs, seeps, or elk wallows unless otherwise specified in the Detail Unit Information Sheet(s).

h) Contractor shall leave all trees exhibiting visible wildlife nesting use. Hawks, eagles, owls, woodpeckers, and squirrels are the primary concern.

2. Felling Standards

a) Felling shall be done primarily by manual methods (chainsaw) unless otherwise approved by the Contracting Officer.

b) Cut trees shall be felled away from boundaries, roads, road cut banks, telephone lines, established trails, stock driveways, fence lines, fire lines, mining ditch lines, abandoned historic railroad beds, established land corners, troughs, and other improvements. The Contractor shall pull back any trees falling on such areas.

c) Trees shall be completely severed from the stump.

d) Stump height shall not exceed 6 inches above ground level or 6 inches above natural obstacles.

e) No thinning slash shall be left outside the contract boundary, unless otherwise approved by the Contracting Officer.

f) Contractor shall remove and scatter (pull back) all thinning slash from the following items, but not limited to; stream courses, historic mining ditch lines, roads and fences, stock ponds, stock troughs, stock driveways and trails to keep them usable and passable at all times. All required slash pull back shall be kept current with operations.

g) All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree.

h) Bucking or bucking with limbing when required shall be concurrent with the felling operation. Trees 16 feet and longer shall be bucked in half or as many times as needed so that pieces are not longer than 16 feet.

i) The Ips Beetle timing restriction may be waived on selected units, providing that the Contractor ensures that created slash shall be treated to required fuel standards within a 30 day window of initial thinning activity.

9.

SLASH TREATMENT PERFORMANCE STANDARDS

Hand Piling

Units shall be piled so that residual fuel loading (after pile(s) are burned) is a maximum of 7 tons per acre in material 1 to 9 inches in diameter. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees. All piles will have plastic and/or Kraft paper place in the top third of pile and covered with slash to hold in place.

Restrictions

a) Piles shall not be constructed in roads, ditches, meadow, grass “scablands” or channel bottoms.

b) Piles shall not be placed on large or tall stumps, down logs greater than 12 inches small-end diameter, or large rocks.

c) Piles shall not be constructed under the drip line of leave trees.

d) Plastic and/or water proof paper will be place on piles when piles are approximately ¾ finished and covered with additional slash to hold plastic and/or water proof paper in place.

e) Refueling, maintenance, and repair of equipment shall be done at landings and/or roads prism area.

f) Only plastic products (polyethylene or polyvinyl chloride) and/or Kraft paper shall be used in piles.

Burning of Hand Piles+

Burning shall be accomplished in such a manner that piles are completely consumed, fire remains within the pile perimeter, and leave trees are not damaged.

Restrictions

Burning operations are restricted to conditions acceptable to the Government. The Government will provide written approval, (a burning Permit) for burning operations are suitable.

The Contractor shall notify the Government of burning operations 24 hours prior to commencement of burning operations.

10.

ACCEPTABLE QUALITY LEVELS (AQLS)

Contractor Quality Control

The successful Contractor shall provide a Quality Control Plan satisfactory to the Government describing how the Contractor will monitor and document work quality for both the thinning (including any possible removal of thinning slash from the site) and the slash treatment phases of the operation.

The Contractor shall provide copies of inspection documents and written certification that:

a) Each unit was satisfactorily completed.

b) Thinning or slash treatment was completed in accordance with the contract standards.

c) Inspection results accurately reflect the work accomplished.

Government Quality Assurance Plan For Thinning

The Government will inspect thinning to determine compliance with performance standards. Inspections may include observations of operations, quality control procedures, and examination of individual cut and leave trees on sample inspection plots. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units. The Contractor is encouraged to observe verification inspections and will receive inspection summaries upon request.

Unsatisfactory Work If Government full sample inspections (see below) determine that a thinning or a thinning and bucking unit has a quality percentage below 95 percent and includes excess tree deficiencies or pieces to be bucked exceed 16 feet in length, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for all Government re-inspection costs.

The CO will immediately notify the Contractor in writing and order improvement in the quality of work if the percentage of satisfactory quality of thinning and diseased/damaged tree removal falls below 95 percent.

Government Plot Inspection Procedures

a) A series of circular plots distributed over the entire unit will be installed sufficient to yield an adequate sample of each unit. The minimum number of plots to install will be one plot per 5 acres with at least five plots per unit.

b) Plot size will be determined by the tree spacing requirements as shown in the Detail Thinning Unit Information Sheet(s). If spacing is less than 15 feet, plot size shall be 1/50th of an acre. If spacing is 15 feet or greater, plot size shall be 1/20th of an acre.

c) Flagged markers will be used to locate the plot centers and identify them by consecutive number. Flags will also indicate the date of inspection and Inspectors initials.

d) Inspection within each plot will be completed as follows:

1. Determine from Table 1 the average spacing requirements and plot radius;

TABLE 1

Avg. Spacing Spacing/Acre Avg.Trees/Plot Plot Size Plot Radiu

11 X 11 360 7 1/50 16.7

12 X 12 320 6 1/50 16.7

13 X 13 258 5 1/50 16.7

14 X 14 222 4 1/50 16.7

15 X 15 194 10 1/20 26.3

16 X 16 170 9 1/20 26.3

17 X 17 151 8 1/20 26.3

18 X 18 134 7 1/20 26.3

19 X 19 121 6 1/20 26.3

20 X 20 109 6 1/20 26.3

21 X 21 99 5 1/20 26.3

22 X 22 90 5 1/20 26.3

23 X 23 82 8 1/10 37.2

24 X 24 76 7 1/10 37.2

25 X 25 70 7 1/10 37.2

26 X 26 64 6 1/10 37.2

27 X 27 60 6 1/10 37.2

28 X 28 56 6 1/10 37.2

29 X 29 52 5 1/10 37.2

30 X 30 48 5 1/10 37.2

2.

Each plot will be examined to record findings on the items listed below:

i. No. of Trees to be left – number of trees that should have been left.

ii. No. of trees left – Number of trees that were left.

iii. No. of trees deficient – number of missing leave trees.

iv. No. of excess trees – number of uncut trees that should have been cut.

e) Upon inspection of all plots for a unit the quality of thinning will be calculated as follows:

1.0 - | No. of deficient trees + No. of excess trees | X 100 = Quality %

| No. of trees that should have been left |

11.

GOVERNMENT QUALITY ASSURANCE PLAN FOR HAND PILING

The Government may make periodic inspections while work is in progress. After completion of a unit, the Government may also inspect to determine compliance with contract standards for 1) residual fuel loadings and 2) pile characteristics.

Residual fuel loading

The remaining non-piled slash will be inspected to determine compliance with performance standards. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units.

If Government inspections determine that a unit has a quality percentage below 90 percent, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but in different areas. The Contractor shall pay for all Government re-inspection costs.

Pile Characteristics

A sampling of piles will be individually inspected for the following:

•Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Is the pile compact? Does the pile contain a minimal quantity of soil? Is there material protruding from the pile?

•Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope? Is there other combustible material within ignition range of the pile?

•Location and pile size – Does pile size and location provide sufficient spacing from residual trees of 1.5 feet in height or taller or dead trees greater than 12 inches dbh to prevent damage from burning?

12.

MEASUREMENT AND PAYMENT

Acreage as shown in the Detail Unit Information Sheet(s) has been determined using a GPS (Global Positioning System). Note: Acreage listed in the detail information sheets are Net Contract Acres and in some instances may exclude non-work areas left within the units for wildlife habitat. All non-work areas are delineated by plastic flagging, boundary tags, and position disclosed in the detailed information maps provided.

Payment for Thinning

When work quality is 95% or higher, payment will be made at the unit price. When work quality is less than 95%, the pay rate will be calculated by multiplying the inspection percentage for each unit times the contract unit price per acre.

EXAMPLE:

> 95% quality = 100% payment

< 95% quality = rework if possible, or actual percentage

Payment for Slash Treatment

Acceptance will be based on 100% visual inspection of units. If visual inspection finds that occasional work elements do not completely conform to performance standards, but non-conforming elements are not representative of the overall work quality, the work may be accepted. If non-conforming work is indicative of an overall quality of work problem, units shall be reworked at no additional cost to the Government.

All invoices shall be submitted to the Contracting Officer’s Representative. Invoices shall comply with the standards in FAR 52.232-25, Prompt Payment.

13.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

14.

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

The name, address, and telephone number of the subcontractor.

B.

The date upon which the subcontract was entered into and its duration

C.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

15.

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 225 calendar days to complete the thinning and hand piling and all burning shall be completed no later than December 31, 2011. Estimated start date is June 30, 2010.

16.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide as many TSI Plot Inspection Cards as needed for the completion of the project.

17.

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

18.

SAFETY

Thinning and slash treatment is inherently dangerous. Hazards include, but are not limited to: chain saw injuries, long driving distances on low-maintenance level Forest Roads, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, chemical burns, gasoline fire potential, dehydration, insect stings, overhead/falling debris, and lightning.

1.

Chainsaw hazards result from improper cutting techniques and fatigue, inattention to proper safety procedures and bar-tip location, improperly held/positioned chainsaw, and poorly trained sawyers.

2.

Driving along forest roads during early and late hours, before or after sunlight will subject drivers and riders to low light angles, dusty conditions, icy and/or muddy roads; as well as encounters with log hauling trucks, road machinery, hunters not watching the roadway, campers and other forest users that may not be intently aware of other motorists who are sharing the roadway.

3.

Tripping hazards include all manner of forest vegetation and other debris including rocks. Tripping hazards should also be considered inclusive of slippery surfaces during periods of rain and snow.

4.

Hyperthermia and Hypothermia may occur at anytime regardless of the absence of extreme weather conditions.

5.

Fatigue will occur usually after the lunch period, towards the end of the working day.

6.

Muscle strains may occur due to improper lifting, bending, twisting, or turning.

7.

Chemical burns may occur during the transfer of oil or gas, or by the unexpected discharge of chemical fire extinguishers. Gasoline fires may occur at anytime, but are most likely during refueling hot chainsaws, or during the transfer of petroleum products.

8.

Dehydration may occur during either warm or cool periods, or whenever employees are performing arduous tasks while neglecting to ingest adequate fluids that contain electrolytes.

9.

Insect stings may occur at anytime while in the forest and may include bees, wasps, or other types of biting stinging insects.

10.

Overhead and/or falling debris may occur at anytime in the work area. It may include treetops breaking out during periods of windy conditions, snow stress, or because of decaying limbs/trunks. Also included are rolling rocks, logs, and other debris which might become dislodged on steep slopes.

11.

Lightning should be regarded as a serious threat whenever active cumulo-nimbus (thunderhead clouds) are forecasted for the area, especially while working near or under tall trees.

Contractor shall provide a written job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at or before the post award conference for discussion.

19.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—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 at fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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 FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

addENDUM TO FAR 52.212-4 ADDITIONAL CLAUSES

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.