09_0008_CORP_Appendix_A_DES Fuels_Amend 01.doc

CORP Specifications Appendix A – Deschutes Fuels

DES FUELS- C—DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

DES FUELS-1 SCOPE OF CONTRACT

This solicitation is to provide services to: (1) pile slash by means of a grapple type machine, (2) slashbust slash and/or brush, (3) mechanically mow brush and/or slash and/or small conifers, (4) mechanically thin small conifers and treat slash and brush. All services will be accomplished by use of a contractor furnished and contractor operated machine.

DES FUELS-2 LOCATION OF PROJECT

(a) Project Location: Attached vicinity and project area maps show general locations.

(b) Accessibility: The project areas may be reached by the Forest roads suitable for hauling of heavy equipment during the normal operating season. The Forest Service assumes no obligation to plow snow or to perform special maintenance to keep roads open. It is the Contractor's obligation to verify and get approval from Forest Service on travel routes.

(c) Boundaries:

(1) The boundaries, other than for easily identified ground features shown on the contract map, have been plainly marked by the Forest Service as follows:

- with blue "Boundary of Cutting Unit" signs and blue flagging with white or orange paint, or

- with white tags and/or yellow ribbon, or

- with pink and black striped ribbon

(2) There may be portions of other lines or boundaries in the area. These may be marked with flagging, aluminum tags, different posters, or a combination of flagging, tags, and posters. These should be disregarded by the Contractor and only boundaries marked as described above shall be used.

DES FUELS-3 DEFINITIONS

(a) Slash: All vegetative material including blasted or pushed out stumps, chunks, broken tops, limbs, destroyed reproduction, and saplings or poles resulting from any type of harvesting, thinning, or clearing activity.

(b) Leave Tree: Leave trees shall be the largest, best formed trees without signs of damage or disease. See detailed information sheet for leave tree species preference.

(c) Shelterwood Trees: Trees marked with a single band of orange paint. These trees have been left by the logging operation to provide seed for natural regeneration.

DES FUELS-3 DEFINITIONS (Continued)

(d) Wildlife Snag: A dead, standing tree composed of either hard or soft wood, that has a minimum DBH of 6 inches and a minimum height of 15 feet.

(e) Wildlife Down Log: A log at least 12 inches in diameter on the big end and 20 feet long.

(f) Orange Paint:

(1) Standing green or dead tree - orange paint band on a standing tree signifies a leave tree. Contractors shall take care not to damage leave trees during the contract operations.

(2) Dead, down material - orange paint spot on a piece of down material indicates a wildlife log, and is to be left undisturbed.

(g) Genetically Superior Trees: Designated trees which have superior characteristics and are a part of the Tree Improvement Program. These trees are marked with a wide band of orange paint, protect tree sign, aluminum tree identification tags, and brown squirrel bands around the bole at 8 feet to 12 feet off the ground.

(h) Drip-Line: A circle that extends from the bole of the tree and has a radius that is 15 feet larger than the crown radius of the tree.

(i) Grapple Pile: Grapple piling shall mean to "lift and place" rather than to "push and pile". Material shall be shaken in the lift position prior to placing on a pile in an effort to remove all excess dirt and rocks.

(j) Log Decomposition Classes:

(1) Class 1 Log: Characteristics consist of bark that is intact with twigs present. The texture is intact to partly soft and the shape is round. The color of the wood is original and the portion of the log on the ground is elevated on support point.

(2) Class 2 Log: Characteristics consist of a bark that is intact with the absence of twigs. The texture is intact to partly soft and the shape is round. The color is original and the portion on the ground is elevated on support point but is sagging slightly.

(3) Class 3 Log: Characteristics consists of a trace of bark and an absence of twigs. The majority of the log is sound with some area of decomposition occurring and the shape is round. The original color may be faded and the log is sagging near the ground.

(4) Class 4 Log: Characteristics consists of an absence of bark and twigs with the log being made up of small, soft, and blocky pieces. The log shall be round to oval in shape and the color light brown to faded brown or yellowish. All of the log shall be on the ground.

(5) Class 5 Log: Characteristics consist of an absence of bark and twigs and a soft and powdery texture. The log shall be oval in shape and faded to light yellow or grey in color. All of the log shall be on the ground.

(k) Mowing: Mowing shall mean to mechanically cut, chop or chew brush, slash, small trees and other vegetative material up to 4 inches in diameter.

(l) Slashbusting: To mulch, chop, chew or break up slash and brush up to 9 inches in diameter until it is within 12 inches of the ground surface, or as otherwise stated in the Detailed Unit Information Sheets.

DES FUELS-3 DEFINITIONS (Continued)

(m) Brush: Brush for this contract shall be considered all Greenleaf Manzanita, Golden Chinkapin, Snowbrush and Antelope Bitterbrush, whether live or dead.

(n) Cut Trees: Trees required to be cut are:

(1) All live trees over 2 feet in height, or as specified in the Detailed Unit Information Sheets, not needed to meet average spacing requirements or not otherwise designated as leave trees.

(2) All dead trees over 2 feet in height and up to 6 inches DBH, or as stated in the Detailed Unit Information Sheets.

(o) Deficient Tree: A tree that has been cut which should have been retained to maintain average spacing requirements.

(p) DBH: Diameter of the stem of a tree at breast height, measured 4 ½ feet from the ground on the uphill side of the tree.

(q) Excess Tree: Includes any of the following:

(1) An uncut tree not needed to meet average spacing requirements.

(2) A tree which is not completely severed from its stump.

(3) A tree which has been cut in such a manner that the remaining stump is more than 8 inches above the ground level.

(4) Trees not cut below the lowest live limb, except where live limbs are within 2 inches of the ground or rock.

(r) Reserve Tree: Those trees other than leave trees determined to be left uncut within unit boundaries. Reserve trees shall not be considered in the average spacing of leave trees unless otherwise indicated. Reserve tree shall include the following:

(1) Any tree of a species not listed in the Detailed Unit Information Sheets for cutting.

(2) All trees greater than the maximum cut DBH specified.

(3) Trees marked with orange paint.

(s) Spacing: The distance in feet between leave trees, where the average is computed on all trees within a given plot area to allow flexibility in selecting the best tree.

(t) Mechanical Brush / Slash Treatment: Shall mean to mechanically cut brush and then chop, chew or grind the cut brush and existing slash to required specifications as stated in the Detailed Unit Information Sheets.

(u) Mechanical Thinning: Shall mean to mechanically cut trees and then chop, chew or grind the cut trees to required specifications as stated in the Detailed Unit Information Sheets.

DES FUELS-4 CONTRACTOR FURNISHED ITEMS AND SERVICES

DES FUELS-4.1 CONTRACTOR OBLIGATIONS

(a) Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work according to the specifications.

(b) Contractor shall furnish and place a warning sign on each end of individual units that are adjacent to main travel routes. Minimum size for the sign(s) shall be 2 foot by 2 foot.

(c) The Contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, property line monument(s), bearing trees, road blocks, road surfaces and/or drainage structures as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition.

DES FUELS-4.2 EQUIPMENT SPECIFICATIONS

All equipment utilized during contractors operations shall be of durable design and construction to withstand the stresses of natural obstructions within forest lands such as rocks, stumps, roots, slash, dust and the general unevenness of uncultivated land.

(a) Grapple piling machine must be a track mounted mechanism; shall be equipped with a bucket and thumb type attachment or grapple that shall be able to reach a minimum of 15 feet, measured from center pin. Machine with attachment(s) shall not exert more than 7 pounds per square inch ground pressure.

(b) Slashbusting and mechanical thinning machine must be a track mounted mechanism; shall be equipped with a drum or rotating head capable of breaking up material, up to and including 9 inches in diameter. Head shall be able to reach a minimum of 15 feet, measured from the center pin. Machine with attachment(s) shall not exert more than 7 pounds per square inch ground pressure.

(c) Mowing machine shall be a farm type or rubber tracked crawler with a minimum of 45 HP and a maximum of 115 HP. It shall be equipped with a rotating blade mowing attachment with an enclosed housing surrounding the cutting mechanism. Cutting implement shall allow a 2 to 12 inch working height. The machine shall be equipped with wide tires; front tires shall be between 9.5” and 10.5” and the rear tires shall be between 14.0” and 18.5”. Tire size shall be in relationship to machines HP rating. Machine shall not exert more than 7 pounds per square inch of ground pressure. Tires shall not be filled with calcium.

DES FUELS-5 PERFORMANCE OF WORK

The purpose of this contract is to grapple pile existing slash, slashbust existing slash and brush, mow existing brush and slash or thin small conifer trees while also treating slash and brush on designated units as part of a fuel reduction program. Contractor shall furnish a machine as specified and an operator with sufficient skill and experience to perform the work as specified.

DES FUELS-5.1 GRAPPLE PILING

DES FUELS-5.1.1 All slash within the unit boundaries shall be piled except for that material specifically exempted as indicated herein.

DES FUELS-5.1.2 In all units where such material is available, contractor shall leave a total of three un-utilized logs in Log Classes 2 and 3 per acre having a volume of at least 40 cubic feet. Example of logs containing 40 cubic feet, (160 bdf):

12 inches in diameter and larger and a minimum of 36 feet long

18 inches in diameter and larger and a minimum of 20 feet long

24 inches in diameter and larger and a minimum of 12 feet long

DO NOT MOVE OR DISTURB FROM NATURAL BED, CLASS 4 AND 5 LOGS

DES FUELS-5.1.3 LOCATION OF PILES

(a) Piles shall be located so that burning will not cause damage to standing trees. Unless otherwise approved, this will mean at least 10 feet from the crown or drip line of any tree or equidistant between standing live trees, whichever is greater.

(b) Piles shall not be located in the bottom of draws which carry water during periods of surface runoff. The Government will determine the location of these draws.

(c) Whenever possible, piles created by the contractor shall be placed on an existing skid trail, log landing, temporary road or other previously disturbed site.

DES FUELS-5.1.4 CONSTRUCTION AND SIZE OF PILES

(a) All piles shall be compact and contain a minimum of soil. Height of the piles shall be no less than eight feet. Diameter of piles shall be no less than ten feet.

(b) All material piled shall be so that it is compact and parallel. Piles that are loose and jackstrawn shall be reworked by the Contractor so as to insure the piles can be burned (ignited and consumed) during wet weather conditions.

(c) Where sufficient wildlife logs are not present, wildlife piles shall be made in units. Approximately 1 pile every 2 acres, well distributed throughout the unit, unless other wise noted. The size of a wildlife pile should not exceed four feet in height, 8 feet in diameter and should contain approximately 100 cubic feet of material. NOTE: Individual units shall not average more than 1 wildlife pile every 2 acres. Excess small piles may require rework.

DES FUELS-5.2 SLASHBUSTING

Slash and designated brush within the unit boundaries shall be chopped, chewed, mulched or ground up until it is within 12 inches of the ground surface. 90 percent of all material shall be treated to those specifications.

DES FUELS-5.3 MOWING

(a) Treatment shall include all woody plant material and small trees, except as noted below, within the project site between 2 feet and 5 feet in height and/or 4 inches in diameter

(b) Mowing operations shall reduce material to an average size not to exceed 6 inches in any one dimension.

(c) Mowing operations shall occur to the base of green standing trees unless obstructed in some way in which case treatment shall be as close to the drip-line as possible.

(d) Mowing shall not occur within 15 feet of snags, rock outcrops, dense clumps of pine reproduction or logs greater than 12 inches in diameter on the large end or on slopes greater than 30%.

(e) Contractor shall ensure that sufficient wildlife cover remains untreated in each unit. Contractor shall take advantage of snags, rock outcrops, pine reproduction, logs and steep slopes for incorporating into these areas. Wildlife cover areas shall not exceed 30 percent of the gross acres of individual units.

DES FUELS-5.4 MECHANICAL THINNING WITH SLASH AND BRUSH TREATMENT -- Changed Amendment #01

(a) Designated cut trees and/ or excess trees shall be cut to within a maximum of 6 inches of the ground surface (stump height), or as otherwise stated in the Detailed Unit Information Sheets.

(b) Brush shall be cut to within a maximum of 6 inches of the ground surface (stem height), or as stated in the Detailed Unit Information Sheets. A minimum of 90 percent of existing brush shall be treated.

(c) Brush shall be treated to within 12 inches horizontal distance from the bole of all leave trees, or as stated in the Detailed Unit Information Sheets.

(d) Cut trees, cut brush and existing slash shall be chopped, chewed or ground to within an average of 8 inches and a maximum of 12 inches of the ground surface, or as stated in the Detailed Unit Information Sheets.

(e) Spacing of leave trees shall be designated on the Detailed Unit Information Sheet.

DES FUELS-6 CONTROL OF WORK

(a) For grapple piling and slashbusting operations, equipment shall operate on existing skid trails whenever possible. If an area cannot be reached from an existing skid trail, the operator shall make a pass up through the area treating the area on both sides and to the rear of the machine as it progresses. Machine traffic off designated logging facilities would be limited in extent. Grapple machines would be only allowed to make no more than two equipment passes on any site-specific area between main skid trails or away from log landings to accumulate materials.

(b) In the event that any cultural resources or archaeological sites are discovered during operations of this contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Forest Archaeologist.

(1) Contractor shall protect all known and identified historic or prehistoric sites against destruction, obliteration, removal, or damage during contract operations. Contractor shall bear costs of restoration, provided such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

DES FUELS-6 CONTROL OF WORK (continued)

(2) Wheeled or track-laying equipment shall not be operated within such areas and trees will not be felled into such areas.

(c) Wildlife Restraints: No work will be permitted within a ¼-mile radius of an active nest between April 1 to August 31 for ospreys, goshawks, and red-tailed hawks and between January 1 to August 31 for eagles.

(1) If other raptorial or unique birds are found nesting in the Contract area, specific restrictions will be followed.

(2) If areas are found within the contract areas that contains any threatened and endangered species, proposed threatened and endangered species or sensitive plants, specific restrictions will be followed.

(d) Road closures will apply to all contract areas.

DES FUELS-7 PREVENTION AND CONTROL OF SOIL DAMAGE AND EROSION

(a) During performance of contract work, the Contractor shall take precautions to minimize damage to the soil and vegetation including, but not limited to:

(1) Equipment shall not be permitted to cross meadows, stream channels, or other non-work areas designated by the Contracting Officer's Representative except at designated places.

(2) Water bars in skid trails, fire lines, spur roads, and other places, disturbed by the Contractor, shall be repaired as directed by the Contracting Officer's Representative.

(b) To avoid such damage, the Forest Service may suspend operations in whole or in part for such periods as are necessary.

(c) Damage attributable to the Contractor's operation shall be repaired immediately by the Contractor to prevent accelerated erosion or soil damage.

DES FUELS-8 PREVENTION OF DAMAGE TO RESIDUAL TREES

(a) Contractor shall be required to exercise care during operations to protect leave trees. No damage is allowed on genetically superior trees.

(b) A damaged leave tree will be considered as:

(1) Pushed over or uprooted by the equipment or slash material being treated, causing the tree to lean more than ten degrees from vertical.

(2) Trees that are girdled so that the bark is removed and wood is exposed on one-quarter or more of the circumference of the bole.

(3) Leave trees that have broken tops due to Contractor's operations

DES FUELS-8 PREVENTION OF DAMAGE TO RESIDUAL TREES (continued)

(4) A tree with lateral root damage either cut or exposed.

(c) Live trees meeting the above damage criteria may be cut and treated the same as all other material upon COR's approval. The exception being genetically superior trees, wildlife trees, and trees banded with orange paint. These trees shall not be cut if damaged.

(d) The Contractor shall be liable to the Government for costs and damages incurred as a result of damaged leave trees, resulting from the Contractor's operations. Damage will be assessed based upon the following species values:

Damage to healthy advanced regeneration "leave" trees:

(1) Ponderosa Pine and white fir $10.00 per tree

(2) Lodgepole Pine $5.00 per tree

Damage to all other trees will be assessed as follows:

(3) Lodgepole pine seed tree or shelterwood tree $50.00 per tree

(4) Species other than lodgepole pine seed tree or shelterwood tree $100.00 per tree

(5) Lodgepole pine wildlife tree or snag - $100.00

(6) Species other than lodgepole pine wildlife tree or snag $500.00

(7) All species selected for "genetically superior trees, absolutely no damage is permitted $500.00

DES FUELS-9 UTILIZATION OF WOODY BIO-MASS

(a) The Contractor may remove and utilize woody bio-mass if:

1. Project work is progressing as scheduled; and

2. Removal is completed before contract expiration

(b) To execute this option, the Contractor must submit a written request to the Government.

(c) Following receipt of the written request, and if appropriate, the Government and the Contractor will negotiate and execute a separate timber/vegetative sales contract. Payment under the timber/vegetative sale contract must be at a price equal to or greater than the appraised value of the woody biomass. The Contractor must make any appropriate payment specified in the related timber/vegetative sales contract before removal may be authorized.

(d) If required by law, regulation or bureau policy, the Government will prepare a timber/vegetative sales notice and/or prospectus, including volume estimates, appraised value and any appropriate special provisions.

(e) The Contractor must treat any woody bio-mass not removed in accordance with the specifications.

(f) The sales contract and service contract are severable; default or termination under either contract does not remove the Contractor from payment or performance obligations under the other contract.

(g) Definitions:

(1) Timber/Vegetative sales contract and/or notice means the agency-specific authorized contract instrument for the sale, barter, exchange, billing or other compensation for the payment, removal and/or transportation of woody bio-mass material.

(2) Woody bio-mass means the trees and woody plants, including limbs, tops, needles, leaves and other woody parts, grown in a forest, woodland or rangeland environment, that are the by-products of management, restoration and/or hazardous fuel reduction treatment.

DES FUELS- E – INSPECTION AND ACCEPTANCE

DES FUELS-1

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

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

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

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

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

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

(2) Reduce the contract price to reflect the reduced value of the services performed.

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

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

(2) Terminate the contract for default.

Notice: The requirement for a Contractor-furnished inspection system is hereby waived. The Government will maintain all inspection systems for work provided under this contract.

DES FUELS-2 GOVERNMENT UNIT INSPECTION PROCEDURES – VISUAL

(a) The COR, or a designated inspector, will make periodic inspections while work is in progress, usually daily at first, to assure work is proceeding satisfactorily. The Contractor shall notify the COR when units are completed and ready for inspection prior to his moving out of the general area. An inspection will be made within three (3) calendar days and the Contractor notified of any parts of the unit(s) requiring additional work or rework.

(b) Each unit will be inspected as a separate unit. Units will not be averaged with other units for acceptance or payment.

(c) The COR, or designated inspector, will determine compliance of contract specifications through informal, 100 percent visual inspections. In the event visual inspection indicates work to be in non-compliance with specifications, prompt corrective action and/ or rework shall be required.

DES Fuels- 3 GOVERNMENT UNIT INSPECTION PROCEDURES – FORMAL

(a) In the event visual inspection indicates work and/ or rework to be in non-compliance with specifications, a series of verification plots may be installed by the Government to determine compliance with specifications and percent of satisfactory work. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

(b) Each unit will be inspected as a separate unit. Units will not be averaged with other units for acceptance or payment.

(c) Government verification plots will consist of a series of 1/20 or 1/50 acre plots, evenly distributed throughout treatment units so that the best representative sample is obtained.

(d) The minimum number of verification plots, per treatment unit, shall be as follows:

(e) Verification plots shall be marked on the ground using flagging to indicate plot centers. Plots shall be consecutively numbered and dated to correlate with the inspection form.

(f) Determination of acceptability of the work performed will be based on Government verification inspections and will be considered conclusive.

DES FUELS- F – DELIVERIES OR PERFORMANCE

DES FUELS-1 This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The full text of a clause may be accessed electronically at www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (4/84)

52.242-14 Suspension of Work (4/84)

52.242-15 Stop-Work Order (8/89)

52.241-17 Government Delay of Work (4/84)

DES FUELS-2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(FAR 52.212-3)(APR 1984)

(1) The Contractor shall be required to (a) commence work under this contract within 7 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 * calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

* Contract time will be determined for each Task Order, allowing one (1) calendar day for a given number of acres ordered, as stated for the following items:

1) Grapple piling:

One (1) calendar day for every four (4) acres ordered.

2) Slashbusting:

One (1) calendar day for every five (5) acres ordered.

3) Mowing:

One (1) calendar day for every ten (10) acres ordered.

4) Mechanical thinning & brush/ slash treatment:

One (1) calendar day for every five (5) acres ordered.

(2) Estimated date notice to proceed will be issued for initial Task Order(s) is August 18, 2008.

(3) Task Orders for this contract may run concurrently.

DES FUELS-3 EFFECTIVE PERIOD OF THE CONTRACT

The effective period of this Contract is from date of award through December 31, 2011.

DES FUELS- G – CONTRACT ADMINISTRATION DATA

DES FUELS-1 POST AWARD CONFERENCE (AGAR 452,215-76)(FEB 1988)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at the Headquarters of the Deschutes National Forest, 1001 SW Emkay Drive; Bend, OR 97702.

DES FUELS-2 SUPERINTENDENCE BY THE CONTRACTOR:

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(NOTE: The Government may, at its option suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative on site who is (1) conversant in English, and (2) able to read and understand the Contract.

DES FUELS-3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE).

The Contracting Officer designates the Contracting Officer's Representative (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.

DES FUELS-4 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

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

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

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

DES FUELS-5 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

DES FUELS-6 METHOD OF MEASUREMENT

(a) Acreage was measured on a horizontal plane

(b) Remeasurement

1. The Contractor may, in writing, at any time after award, request remeasurement of any units under this contract if he/she feels that acreage stated on the project maps is incorrect. The remeasurement must be within the existing perimeter of the respective unit. No variance of the unit perimeters as laid out on the ground for this contract will be allowed. All requests for remeasurement must be made prior to payment for each completed unit; and such remeasurement requests must be made within 5 business days after completion of each unit. Remeasurement will be performed by the Government.

2. If remeasurement indicates that a variance of ten percent or less exists on units of 1 to 5 acres, five percent or less exists on units of more than five but less than 20 acres, or if three percent or less exists on units of 20 acres or larger, the Contractor shall pay for the actual costs of the remeasurement. Under this condition, payment will be made on the acreage stated on the project maps. If the remeasurement indicates the actual acreage varies is by more than the above factors from that stated on the project maps, the payment will be made on the remeasured acreage and the percentage of satisfactory work, and the Forest Service will pay for the cost of the remeasurement. Remeasured acres will be rounded to the nearest whole acre for payment purposes.

DES FUELS-7 METHOD OF PAYMENT

(a) If either visual or formal inspections by the Government indicate work quality to be at least 90 percent or greater (before or after rework), the unit pay rate will be 100 percent.

(1) The work listed in the Schedule of Items will be paid for at the acre rate for accepted acres.

(2) Payment will be made only on completed and accepted unit(s).

(3) The pay rate will be calculated by multiplying the unit price per acre by the number of completed and accepted acres.

(b) If formal inspection by the Government determines work quality to be between 75 and 89 percent, the Contractor shall be paid the determined work quality percent of the bid rate.

(c) For work quality determined to be 74 percent and less, no payment shall be made to the Contractor.