a.final_solicitation.doc

2013 County Road 18 Thin by Mastication

OF

LOCAL TIME 4:30 PM

INFORMATION CALL

Sarah Ackerman, Administrative Jeremiah Maghan, Technical (541)575-3155 (541)575-3407 09/06/2013

10. THIS ACQUISITION IS

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UNRESTRICTED

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

431 PATTERSON BRIDGE ROAD

P.O. BOX 909

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8(A)

UNDER DPAS (15 CFR 700)

SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

Same as Block 9

FACILITY CODE

PO Box 66527

St. Louis, MO 63133

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

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

County Road 18 Thin by Mastication – see attached

(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, CO

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

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

1.

PERFORMANCE WORK STATEMENT

Introduction and Background – The Malheur National Forest has historically contracted for services to mechanically alter ground and ladder fuels such as reducing understory tree densities and harvesting slash and down woody debris through the use of mechanical thinning and mastication and of those materials.

The Contractor shall furnish all labor, supervision, equipment, materials, transportation, supplies (unless specified elsewhere as Government-furnished), and incidentals required to accomplish specified work, including contractor quality control, in compliance with the terms, specifications, and provisions of the contract.

Project Location – This project will occur on lands administered by the Malheur National Forest. Specific treatments for each unit and unit locations will be identified on Detailed Unit Information Sheets (DUIS) and maps which are separately attached. All treatment units will be marked with boundary tags with unit names and numbers and ribbon (color and/or identification markings will be orange tags and ribbon around the unit).

Units range from sagebrush/grassland with juniper stands to mostly pure ponderosa pine stands to mixed conifer stands. Material to be treated is generally composed of thinning slash and small trees in the understory. Fuel loading amounts vary but are estimated at 0 to 2 feet in depth, and have an estimated total of 5-10 tons/acre with occasional units having higher fuel depths and heavier loadings. Treatment units may be located on any aspect and range in elevation between 1500 and 6000 feet. Treatment unit slope varies from 0 to 35%.

Accessibility – Most work areas may be reached by standard two-wheel drive pickup during normal operating seasons. Some units, however, may require a four-wheel drive vehicle for access or may be behind closed or blocked roads. Occasionally, units may not be immediately accessible from a road and will require a short “walk” through another unit to access. 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.

The Contractor(s) may request entry on cooperative road closures or other road closures through the appropriate 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/Manager.

Desired Outcome – The expected result of this project is to reduce and mechanically alter the fuel loadings from; 1) pre-commercially thinned units, 2) natural build-up of woody debris on the forest floor, and 3) hazardous live fuels (ladder fuels). The end result of activities performed under this contract should produce areas where a wildfire (should it occur) may be contained quickly, provide greater safety for firefighters, and produce less damage to natural resources.

Mastication may occur to lower depth of the fuel bed and alter fuel particle size to modify wildfire behavior and allow for a higher rate of natural decomposition. Mechanical thinning will reduce stand density and the likelihood of fire reaching the overstory canopy resulting in a crown fire.

Desired outcome varies by unit. Specific information on requirements is given in the separately attached Detailed Unit Information Sheets. The following information will be considered base level treatment by unit. If different specifications are not given for a unit in the separately attached Detailed Unit Information Sheet, the specifications given below shall govern.

Required Service – Mechanical Thinning with Mastication The Contractor shall mechanically thin/masticate trees in excess to management plans. The technical specifications are based on the overall composition and condition of the stand, and are intended to be guidelines for achieving a high quality final product in a professional manner. Contractor shall use silvicultural knowledge to identify and adjust to variations within the stand.

A. Contractor shall always leave the following trees and disregard them for spacing purposes:

a. Leave all trees exhibiting visible wildlife denning or nesting use. Should an active hawk, eagle, or pilleated woodpecker nest be located, work shall be discontinued within 500 feet of the nest-tree until the CO has been notified and has authorized resumption of work.

b. Leave all dead trees unless these trees pose a safety hazard to workers in the area (These do not count as leave trees).

c. Leave all trees with fencing attached.

d. Leave all trees that are signed/marked as Wildlife Trees or Habitat.

B. Contractor shall leave all Conifers that are larger than the maximum cut DBH of 9” (average cut DBH is 6”)or as specified on the Detailed Unit Information Sheets, and shall include these trees for spacing purposes.

C. Contractor shall select additional leave-trees, from those live conifers at least 24” tall and up to maximum cut DBH, to achieve average spacing of 18’ x 18’ (135 tpa) or 25’x25’ (70 tpa)as specified in the Detailed Unit Information Sheets.

a. Leave-trees shall be the healthiest, most vigourous, and best-formed trees of the preferred species in the stand, as evidenced by the tallest height, largest crowns and crown ratios, straightest stems, and the least amount of damage or disease.

b. The leave-tree spacing is an average and shall be varied up to 25% (wider or tighter) to leave the most desirable trees. It is more important to leave the best trees, than to have uniform spacing. Averaged over the stand, leave tree spacing shall not be materially increased or decreased from what is specified in the Detailed Unit Information Sheets.

c. Leave trees shall be selected within the order of species preference as listed below in section D. This order of preference only applies if the trees are free of damage or defect. In most cases tree vigor will help the Contractor determine which trees will best inhabit the site.

d. Where undamaged trees are not available, select leave-trees with the least amount of damage.

e. Species preference compensates somewhat for minor differences in size or quality. For example, a smaller, but otherwise equal quality ponderosa pine which is 2/3 the height of Douglas-fir should be left rather than the Douglas-fir. A Western Larch with minor bole damage would be preferred over an undamaged Grand Fir.

D. Selection of leave trees will be made in following priority order: White Pine, Ponderosa Pine, Western Larch, Douglas-fir, Engleman Spruce, Lodgepole Pine, and Grand fir.

E. All Juniper trees up to 20.9”dbh shall be cut regardless of spacing, unless otherwise specified in the Detailed Unit Information Sheets.

F. Trees shall be completely severed from the stump. Trees shall be cut below the lowest live limb, except when prevented by obstacles. Stump height shall not exceed 6” above ground level except when prevented by natural obstacles; in which case stump height shall not exceed 4 inches above the natural obstacle.

G. All residual slash shall be masticated so that it does not exceed 12” in height.

Mastication (as defined above) shall be performed concurrently with the mechanical thinning. The silvicultural prescription shall be applied by the operator while performing the work.

Non Specific Requirements for all Services

1) Contractor shall exercise extreme care to prevent damage to leave-trees and shall protect residual trees from damage and scarring as a result of contract operations

2) Equipment shall not operate on slopes greater than 35%.

3) Machine operations shall be conducted in such a manner as to minimize additional soil disturbance or compaction. Generally, no more than 10% of the soil within the project area may be disturbed. Detailed Unit Information Sheets may alter this percentage depending upon unit requirements.

4) Refueling, maintenance, and repair shall be done at landings or forest roads where practicable.

5) Equipment shall not cross or operate in meadows, stream channels, Riparian Habitat Conservation Areas (RHCA’s), or other non-work areas without approval of the COR.

6) Mechanical equipment shall not operate within 100 feet of Category 4 Streams and no operations shall occur within 300 feet of Category 1, 2, or 3 Streams unless otherwise specified in the Detailed Unit Information Sheets.

7) Contractor shall suspend work if soil moisture levels, due to adverse or unusual weather conditions, are causing excess resource damage.

8) Retain (do not pile or masticate), if available on site, eight wildlife logs per acre (whole tree boles), generally distributed throughout the area. Wildlife logs are defined as any down log greater than 12 inches in diameter on the small end and at least 8 feet in length.

9) Contractor shall exercise extreme care to prevent damage to all physical improvements (fences, telephone lines, established land corners, buildings, ditches, etc.) within the contract area. Contractor shall be liable for damage to physical improvements and shall make immediate repairs to damaged physical improvements.

10) Open roads shall be kept free of mastication operations or piling debris. This includes road surface, cut banks, roadside ditches, and culverts.

11) Contractor shall leave wildlife patches (unthinned ) as designated on the DUIS.

12) Contractor shall notify the COR when a unit is complete before moving out of the general area.

Equipment Specifications - All mechanical equipment proposed for use on this contract shall meet the following specifications:

1) Ground pressure not exceeding 8.5 pounds per square inch

2) Climbing/working ability up to 35 % slope

3) Capable of moving within stands without damaging leave trees

4) Effective arm reach of 25 feet minimum

5) Ability to masticate fuels to desired specifications

6) Operator cab, engine, and arm shall be able to rotate 360 degrees

7) Non-leaking fluid systems

Traffic Control - All equipment will be contained within the project boundary. It is deemed unnecessary to provide traffic control in the project area; however, signs warning of flying material shall be placed on adjacent roads while mastication machines are in operation.

Definitions

a) Average Tree Spacing - The distance in feet between leave trees as defined in specifications provided with the issued Task Order.

b) Bucking - The cutting of down trees or logs to a designated length.

c) Codominant 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.

d) Calendar Days – Every day shown on the calendar, Sundays and holidays included.

e) Category 1, 2 and 3 Streams: Those perennial and intermittent streams which support anadromous fish and/or resident fish.

f) Category 4 Streams: Those ephemeral streams with a definite channel which serve as a cold water source for Class 1, 2, and 3 streams.

g) Contracting Officer - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of his authority.

h) Contracting Officer's Representative - the COR is the on-site Contract Administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

i) Crown Spacing - Spacing is measured between the outer edges of the tree crowns. Detailed Unit Information Sheet lists the minimum acceptable crown spacing.

j) Cut Trees - Trees within the minimum-maximum cut range as defined in the Detailed Unit Information Sheet that are not selected as leave tree.

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

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

m) 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.

n) Excess Trees - Any remaining tree that should have been cut as determined by inspection.

o) 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.

p) Leave Tree - Those trees left uncut to meet the average spacing requirements and trees over the maximum cut size specified in the Detailed Unit Information Sheet.

q) Mastication - The chipping, shredding, or mulching of woody material to a desired piece size.

r) 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.

s) Residual Slash – All remaining slash after Contractor-created slash has been removed or treated.

t) RHCA – Riparian Habitat Conservation Area

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, mastication, 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.

v) Suppressed Trees - Crowns are entirely below the general level of dominant and codominant trees and are physically restricted from immediately above.

w) Surface Fuels – All down woody debris and activity generated slash lying on the ground suface. This does not include stumps or live vegetation.

x) 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 Contractors thinning.

NOXIOUS WEED CONTROL

All equipment 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 lands. The requirement 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 Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly 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 National Forest lands.

CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. When requested the Contractor shall provide copies of inspection documents and written certification that:

a. Each unit was satisfactorily completed.

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

c. Inspection results accurately reflect the work accomplished.

The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. The Contractor shall provide a job-specific quality control plan at the post-award conference.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Acceptable Quality Levels

Government Monitoring Method for Mastication

The Government will conduct visual inspections of each unit to determine work quality and may make periodic inspections while work is in progress. Each unit will be verified separately and inspection results on one unit will not be averaged with those of the other units. If the work quality is determined to be 90 percent or better, payment will be made at 100 percent of unit price, less any deductions. In the event visual inspections indicate that work quality is less than 90 percent and the operator will not rework the unit voluntarily, then an inspection of the unit will be done on a series of 1/20-acre plots randomly placed and covering at least a one percent sample of the unit. Each plot will be examined to determine if the intent of the contract has been met. Plots will be determined to be either in, or not in compliance with the conditions listed below.

After completion of a unit, the Government will inspect to determine compliance with the contract standards. Units will be considered acceptable if the following conditions are found:

· Resulting height of surface fuels is no greater than one foot in depth over 90% of the project area.

· Slashing debris is not found on open road surfaces

· No debris longer than 2 feet is found suspended above the ground by a leave tree, whether the leave tree is dead or alive.

· Piece size of treated materials meets specifications that are given for maximum length over 90% of the unit area.

Government Monitoring Method for Mechanical Thinning with Mastication

The Government will conduct inspections of each unit to determine work quality. Intial inspections will consist of a 100% visual inspection and will be based on adherence to the specific tasks listed in the contract or Detailed Unit Information Sheets. The Government may also install a series of circular plots. Plots will be randomly located throughout each unit to obtain a representative sample of the work. Plot size is 1/20th of an acre.

The following data will be collected on each plot:

a. Number of trees that should have been left to meet spacing.

b. Number of trees that were left.

c. Numbers of satisfactory leave trees.

d. Number of deficient trees (see definitions)

e. Number of excess trees.

The following deficiencies will be considered excess trees for determining performance quality:

A:

Trees not completely severed from the stump or not severed below the lowest live limb, except when prevented by obstacles (eg. Rocks, boulders)

B:

Stump height exceeding six inches above ground level or four inches above obstacles

C:

Live limbs below the cutting point of tree where possible to remove.

D:

Trees fell into leave-trees, roads, established trails, cultural resource sites, stock driveways and other physical improvements and not removed from those sites

E:

Trees that are not properly treated in accordance with slash requirements.

When mastication occurs simultaneously with thinning, inspection of the mastication of slash will be done in conjunction with the thinning inspection. Specifications and inspection methods for mastication are given in prior specifications.

MEASUREMENT AND PAYMENT

Measurement

a) All units of measure have been calculated using a GPS system or GIS system.

b) Re-measurement Upon Contractor’s Request: The Contractor may request (in writing) the re-measurement by the Government of any pay item. If re-measurement determines a variance of 5 percent or less between initial and re-measurement results (adjusted to the nearest whole acre) the Contractor shall pay the cost of re-measurement and no adjustment will be made in the acreage. If re-measurement determines a variance of greater than 5 percent between initial and re-measurement results (adjusted to the nearest whole acre) the Government will pay the cost of re-measurement and payment will be based on the re-measured acreage.

Disincentives for Meeting or Not Meeting the Performance Standards (Mechanical Thinning with Mastication)

It is the intent that after the work on this contract is completed; the stand will be stocked at the optimal level of trees per acre. Excess trees and mechanical damage to leave trees would negatively affect future stand conditions.

Residual Tree Damage Inspection

Inspection for residual tree damage will be accomplished by visual inspection of each unit. In the event visual inspection finds excessive damage, the Government will establish plots as referenced above.

The plots will be inspected and information recorded as indicated below.

Total number of residual trees

Damage in excess of 10 percent will be deducted from payment using current market rates for timber.

Thinning Measurement

After inspection of all plots for a unit, the performance quality of thinning shall be calculated as follows:

Total number of trees that should have been left

Quality below 90% will be deducted from payment (see payment clause). When inspection results are below 90%, and excess trees constitute any part of the deficiency, payment will not be made until the deficiency has been corrected by the Contractor. 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 inspections necessitated by the rework.

If original inspection results are unacceptable to Contractor and a second inspection is requested without rework, the same inspection procedure will be used following a different plotline. If the second inspection shows less than 5% variance from the first inspection, the Contractor shall pay the cost of the second inspection, and results of the second inspection will be used in determining payment. Re-inspection requests shall be in writing and submitted within three (3) calendar days of the original inspection notification.

Payment

After inspection of completed acreage, the Contracting Officer’s Representative will calculate the pay rate. The pay rate will be calculated by multiplying the unit price per acre by the number of acres inspected and accepted. Payment is based on the completion of the unit. Deductions will be made in accordance with the Government’s Quality Assurance Surveillance Plan.

1) Final Payment will be made on the basis of the number of acres completed and the inspection percentage as determined by the Contracting Officer. Acceptance of the work will be determined by an inspection of each unit, and will be based on the Government’s Quality Assurance Plan.

2) Payment will be made for units that are inspected and accepted as meeting contract standards. Deductions from final payment will be based on residual tree damage, slash treatment quality, and for thinning performance quality.

3) Slash treatment that is performed at the same time as the mechanical thinning will be inspected simultaneously with the thinning work. If satisfactory treatment of slash is found, but thinning performance quality is less than 90%, payment will be made at the rate as follows:

Calculation of Payment for Thinning-Plot Inspection

After inspection of completed acreage, the Contracting Officer will calculate the pay rate. The pay rate will be calculated by multiplying the Performance Quality percentage times the contract unit price per acre. When the percentage of satisfactory performance thinning is 90% or greater, payment will be made at 100% of the contract unit price. When the thinning Performance Quality percentage falls below 90%, payment shall be made by multiplying the actual percentage rate received in the Contracting Officer’s inspection(s) of the unit by the unit price(per acre price), and then by the number of acres within the unit. (example, thinning treatment is determined to be 80% acceptable after inspection on a 50 acre unit: payment for thinning would be 80% multiplied by unit per acre price multiplied by 50 acres) If inspection finds that slash treatment does not meet contract specifications after inspection, and the Contractor is unwilling to rework the unit to meet specifications, payment will be made at the actual percentage of the unit that meets specifications multiplied by the per acre price. If thinning and slash treatments both are below the 90% full payment clause of the contract, and the Contractor is unwilling to rework the unit to meet specifications, payment will be made based on the lower percentage of either thinning or slash treatment.

FAR 52.212-4 Contract Terms and Conditions—Commercial Items. (JULY 2013)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. 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; 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

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

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

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

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

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

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

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

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at the Malheur National Forest Supervisor’s Office in John Day, Oregon, or at a mutually agreed upon location.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

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 December 31, 2014. The time stated for completion shall include final cleanup of the premises.

Work is estimated to begin October 1, 2013.

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations: _____________"

SAFETY

Mechanical thinning and slash treatment is inherently dangerous. Hazards include, but are not limited to: flying debris, mechanical failure, rollover, overhead/falling debris, transportation of equipment, petroleum products fire and exposure potential, communications in event of emergency, driving on low-grade Forest Roads, chain saw injuries, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, chemical burns, dehydration, insect stings, and lightning.

1. Machinery will be operating on various slopes on varied soil conditions. Slash, stumps, rocks and other debris may cover hidden hazards. Operation of equipment should not occur on slopes greater than 35%. Contouring of slope with machinery may cause a tipping hazard. Avoid areas that soil conditions are such that equipment/personnel are put at risk of injury due to poor equipment traction. Operators should have experience with the equipment they are operating, knowledge of the type of work being performed, and experience in operating the equipment on the terrain that is to be worked on.

2. Equipment should be in proper working order. Routine maintenance of equipment should be performed to ensure proper working condition. Safety related items are to be in place on machinery at all times when working.