AG-04KK-S-14-0010.docx

AG-04KK-S-14-0010 2014 Malheur National Forest Stand Exams Page | 39 of 39

2014 Malheur National Forest Stand Exams

Schedule of Items

TOTAL AMOUNT: $___________________

Contractors are not required to submit pricing on all projects; however, if a Contractor wishes to submit an offer on a project, that Contractor must offer on all plots within that project. It is anticipated that multiple awards will be made as a result of this solicitation. Contractors shall calculate their pricing accordingly.

CONTRACTOR TIN:____________________________

CONTRACTOR DUNS: __________________________

Contract Terms and Conditions

INTRODUCTION AND PROJECT LOCATION

The Contractor shall furnish all labor, supervision, equipment, transportation, (except those designated as Government-furnished), and incidentals for Stand Exams on the Malheur National Forest.

The objective of the project is to gather vegetation information from plots established in stands on the Malheur National Forest using the U.S. Forest Service Common Stand Exam Protocols, an electronic portable data recorder to collect the data, and GPS unit to navigate to pre-located plots.

Project 1—Ragged Lick Stand Exams; Blue Mountain Ranger District This project is north of John Day, Oregon, within sub-watersheds that are tributaries to the Middle Fork John Day River. Major access to the project area is from Grant County Road 20, which runs through the middle of the contract. Access to the Lick Creek portion of the contract off of Grant County Road 20 is from Forest Service Road (FSR) 36 south and then from FSR 3670. Access to the Ragged Ruby portion of the contract is from FSR 2050, 2045, 45, and 4550 off Grant County Road 20. The exams are grouped into geographic areas called “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

The Ragged Lick contract contains Locations 5316000, 5317000, 5318000, 5320000, and 5326000. Locations are similar with most stands having slopes generally less than 40%, however, steeper stands range all the way up to 70%. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 7 species on north aspects. Some of the stands are plantations that have been recently pre-commercially thinned, some are stands that were burned over approximately 20 years ago, some are riparian stringers, and some are dense forest. Road access is good and most stands are directly adjacent to an open road. There are several stands that will need to be accessed through walking in a closed road or cross-country. The furthest walk-in is a little over ½ mile.

This project is a priority and must be completed by the end of the calendar year.

Project 2—Summit and Upper Bear/Lake Creek Stand Exams; Prairie City Ranger District There are two project areas involved: Summit and Upper Bear/Lake Creek. The project areas are south of Prairie City, Oregon and east of Seneca, Oregon. Major access to the project areas is by way of Forest Road 16 which runs through the center of both project areas.

The exams are grouped into geographic areas called “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

Upper Bear/Lake Creek project area contains Locations 5426000, 5428000, and 5429000. Summit contains Locations 5425000, 5429000, 5430000, and 5431000 . Most of the stands to be examined having slopes averaging less than 35% although there is one stand averaging 45% and there are inclusions of steeper slopes within several stands. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 4 species on north aspects. Many have had their larger trees removed and have been precommercially thinned although there are several that have had neither treatment. Road access is generally good and most stands are less than ½ mile from an open road, but there are several that require access by closed roads of up to 2 miles distance.

The Summit portion of this project is a priority and must be completed by the end of the calendar year.

Project 3—Upper Camp Creek; Emigrant Creek Ranger District The project areas are south of Seneca, Oregon and north of Burns, Oregon east and west of Highway 395. Major access to the Upper Camp Creek project area from Highway 395 is Forest Road 37 which runs west from 395 through the center of the project area to Forest Road 31. The exams are grouped into geographic areas we now call “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

Upper Camp contains Locations 5601000, 5647000, 5648000, and 5649000. Locations are similar with most stands having slopes generally less than 35 % with minor inclusions greater than 35%. In each project area, however, there are a few stands with slopes that are mostly greater than 35%. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 4 species on north aspects. Many have had their larger trees removed and have been precommercially thinned. Road access is good and most stands are less than 0.7 miles from an open road.

Project 4—Flat (East and West); Emigrant Creek Ranger District The project areas are south of Seneca, Oregon and north of Burns, Oregon east and west of Highway 395. Major access to the east portion of the Flat project area from Highway 395 is Forest Service Road 17 which runs east from 395 through the center of the project area, and major access to the west portion of the Flat project area is by Forest Road 3140 which runs west from its junction with Highway 395 to the south end of the area and Forest Road 3145 which runs into the center of the area from its junction with Forest Road 3140. The exams are grouped into geographic areas we now call “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

Flat project area contains Locations 5645000, 5646000, 5653000, 5654000, 5655000, and 5656000. Locations are similar with most stands having slopes generally less than 35 % with minor inclusions greater than 35 %. In each project area, however, there are a few stands with slopes that are mostly greater than 35 %. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 4 species on north aspects. Many have had their larger trees removed and have been precommercially thinned. Road access is good and most stands are less than 0.7 miles from an open road.

Project 5—Dove Locations 5181000 and 5183000; Emigrant Creek Ranger District The project areas are south of Seneca, Oregon and north of Burns, Oregon east and west of Highway 395. Major access to the Dove project 5 area is Forest Road 31 which follows the east side of the project area and Forest Road 47 which runs through the center of the project area from its junction with Forest Road 37 which runs south of the project area. The exams are grouped into geographic areas we now call “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

Dove project 5 area contains Locations 5181000 and 5183000. Locations are similar with most stands having slopes generally less than 35 % with minor inclusions greater than 35 %. In each project area, however, there are a few stands with slopes that are mostly greater than 35 %. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 4 species on north aspects. Many have had their larger trees removed and have been precommercially thinned. Road access is good and most stands are less than 0.7 miles from an open road.

This project is a priority and must be completed by the end of the calendar year.

Project 6—Dove Locations 5179000 and 5180000; Emigrant Creek Ranger District The project areas are south of Seneca, Oregon and north of Burns, Oregon east and west of Highway 395. Major access to the Dove project 6 area is Forest Road 31 which follows the east side of the project area and Forest Road 47 which runs through the center of the project area from its junction with Forest Road 37 which runs south of the project area. The exams are grouped into geographic areas we now call “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

Dove project 6 area contains Locations 5179000 and 5180000. Locations are similar with most stands having slopes generally less than 35 % with minor inclusions greater than 35 %. In each project area, however, there are a few stands with slopes that are mostly greater than 35 %. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 4 species on north aspects. Many have had their larger trees removed and have been precommercially thinned. Road access is good and most stands are less than 0.7 miles from an open road.

This project is a priority and must be completed by the end of the calendar year.

Project 7—Dove Locations 5178000 and 5200000; Emigrant Creek Ranger District The project areas are south of Seneca, Oregon and north of Burns, Oregon east and west of Highway 395. Major access to the Dove project 7 area is Forest Road 31 which follows the east side of the project area and Forest Road 47 which runs through the center of the project area from its junction with Forest Road 37 which runs south of the project area. The exams are grouped into geographic areas we now call “Locations” in the Field Sampled Vegetation database (FSVEG) and are related to sub-watersheds. Descriptions of the Locations are as follows: (Vicinity and detailed unit information maps are attached.)

Dove project 7 area contains Locations 5178000 and 5200000. Locations are similar with most stands having slopes generally less than 35 % with minor inclusions greater than 35 %. In each project area, however, there are a few stands with slopes that are mostly greater than 35 %. All aspects are represented. The stands are either 1 or 2 species stands on southerly aspects and up to 4 species on north aspects. Many have had their larger trees removed and have been precommercially thinned. Road access is good and most stands are less than 0.7 miles from an open road.

This project is a priority and must be completed by the end of the calendar year.

Information regarding specific items is contained in separately attached documents. The designation of open roads on maps is not guaranteed due to potential differences between the time when the road was last inventoried and the present. Some roads that are listed as open may be closed due to weather-caused erosion, debris such as rock, snow or fallen trees, or for some other reason not yet recorded in the database from which the map is constructed. Additional higher resolution maps in Adobe PDF format showing contours and background aerial photo may be made available at the offeror’s request. These same higher resolution maps will be given to successful offeror at the post-award meeting.

TECHNICAL SPECIFICATIONS

(A) All measurements shall be made in accordance with the USDA Forest Service’s Common Stand Exam User Guide, which describes measurement procedures as specified in this contract. Where there are discrepancies between the contract and the User Guide, the contract shall have precedence. The Common Stand Exam User Guide is available along with data recorder software at the following website: http://www.fs.fed.us/nrm/fsveg/index.shtml

1. Stands shall be examined using “Extensive Exam Level 2” with some additional optional fields for tree data. A level 2 Vegetation Composition Plot will also be taken using Forms 1, 2, and 3. The total number of sample plots has been predetermined and are pre-located by latitude and longitude. (See Detailed Unit Information Sheets).

2. No plot center shall be closer than 66 feet to the stand boundary. If the predetermined plot center falls closer than 66 feet to the stand boundary then the plot shall be moved to create the required distance, the Latitude and Longitude corrected for the revised location of the plot, and then recorded.

3. Plot locations have been predetermined through use of the Forest Service Geographic Information System (GIS). The plots will be navigated to using a predetermined set of coordinates by the use of a Contractor supplied Global Positioning System (GPS) unit capable of at least a10-meter accuracy. The GPS shall be capable of using the UTM and/or Lat/Long coordinate systems and have the capability to be set to NAD 1927, NAD 83, or WGS 1984 datums.

4. No flagging shall be used to indicate routes between plots by the contractor or the government.

5. Plot centers shall be clearly and securely identified with a wire flag (described under Contractor Provided Materials) with the flag at least 6 inches above the ground. Three strips of flagging shall be tied no less than 5 feet above the ground in a 120 degree pattern around plot center for ease of plot center location. The plot and stand number shall be marked on the wire flag with a permanent, black ink marking pen. Plot center is defined as that point where the wire or stake enters the ground. This point or plumb line extension of this point shall be used for limited distance measurements and inspections.

6. All plot data shall be recorded at each plot using the Common Stand Exam (CSE) software. Completed exams shall be delivered to the Forest Service as electronic files with the “CSE” or “PDR” file extension created by the CSE software.

(B)Survey Techniques

1. Setting Data - The following fields shall be completed for each exam in the CSE software. Information on necessary procedures to complete these fields is available in the User Guide. Some of the data for these fields will be provided by the Contracting Officer’s Representative (COR).

DATE

EXISTING VEGETATION

POTENTIAL VEGETATION REF. (Provided)

POTENTIAL VEGETATION

FUEL MODEL

SLOPE POSITION

ACRES (Provided)

FUEL PHOTO REFERENCE

PRECISION PROTOCOL (Provided)

EXAMINER

REMARKS

DAMAGE CATEGORY

DAMAGE AGENT

DAMAGE SEVERITY

2. Sample Design – To reduce bias on the selection of small tree plot size in normally stocked stands of trees over 5 inches in Diameter at Breast Height (DBH), the small tree fixed radius plot size shall to be based on the limiting distance of the breakpoint diameter between large and small trees for the selected basal area factor (BAF) used for large trees. For example, if the limiting distance of a 5 inch DBH tree tallied using a BAF of 10 is 13.5 feet, then the small tree plot size will be 13.5 feet or approximately 1/75th acre plot. As always selection of BAF is based on the factor necessary to tally 4 to 8 trees over 5 inches DBH.

EXCEPTION: In stands that are primarily regenerating like clearcuts, seedtree cuts, regenerating fires, and shelterwood cuts then the above rule will not apply. Contractor shall use a 10 BAF for large trees over 5 inches and select a small tree plot size that is equal to the average spacing of the trees. See Chapter 2 of the Common Stand Exam User Guide. For example, if the average spacing of the small trees is 5 feet then a 1/500th acre plot would be appropriate.

The following fields shall be completed for each setting (stand). Information on necessary procedures to complete these fields is available in the User Guide. Some of the data for these fields will be provided by the COR.

SAMPLE EXPANSION FACTOR

3. Plot Data - The following fields shall be completed for each plot. For information needed to complete these fields refer to the User Guide. Tolerances listed in measurable standards supersede those found in the User Guide if differences are found.

CAPABLE GROWING AREA

ASPECT

SLOPE

EXISTING VEGETATION

POTENTIAL VEGETATION

FUEL MODEL

RESIDUAL DESCRIPTION CODE

4. Tree Data – (Level 2 Extensive plus Optional Fields). The following fields shall be completed for each sampled tree. For information needed to complete these fields refer to the User Guide. Tolerances listed in measurable standards supersede those found in the User Guide if differences are found.

TAG (tree) NUMBER

STATUS

TREE CLASS

SPECIES

TREE COUNT

DBH Record all to nearest 1/10th of an inch DRC Record all to nearest 1/10th of an inch: Record all single stem trees ≥ 5.0” DBH HGT all trees

HEIGHT TO BASE LIVE CROWN

CROWN RATIO

CROWN CLASS

WILDLIFE USE

LOG/SNAG DECAY

DAMAGE CATEGORY Record 3 damage codes maximum.

DAMAGE AGENT

DAMAGE SEVERITY

DAMAGE PART

Tallied Trees: Trees shall be tallied starting with a north azimuth and turning in a clockwise direction

5. Vegetation Data Level 2 - The following fields shall be completed for each plot. For information needed to complete these fields refer to the User Guide. This is a level 2 vegetation exam where the contractor only has to identify those plants that are listed as key indicator plants that are used to determine plant associations in the Blue Mountains Plant association guides and other common species over and above the key indicator plants listed in the Common Plants of the Inland Pacific Northwest by Charles Grier Johnson. The species have been entered into default setup files for the data recorder and will be provided to the Contractor at the post-award conference.

Form 1

LIFE FORM

LAYER

LAYER CODE

CANOPY COVER

PREDOMINANT HEIGHT

PREDOMINANT DBH/DRC

Form 2

LIFE FORM

LAYER

LAYER CODE

SPECIES

CANOPY COVER %

PREDOMINANT HEIGHT

PREDOMINANT DBH

MATURITY (Shrubs only) SHRUB FORM (Shrubs only)

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 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 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.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

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. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

PERFORMANCE STANDARDS

At each inspection plot, the Contractor shall examine the plot area and record his/her findings on the items listed below. The following measurements or data entries shall be recorded. Tolerances for all measurements and data entries and the error value for each entry outside of allowable tolerances are shown below.

(A) Setting Level

NOTE: Some of this data will be provided to the Contractor by the Government. Any data provided must be accurately transferred from provided data tables to the electronic file by the Contractor. Fields not provided by the Government include, but are not limited to 11, 16, 18, 19, 20, 21, 25, and 30.

(B) Plot Level

(C) Tree Level

For tallied trees in the fixed area plot or Frequency (FRQ) plot on sample design

For tallied trees in the variable plot BAF on sample design.

1 or more trees +/-0 trees ERROR = each tree

(D) Ground Vegetation Level

VEG DATA FORM 1

CANOPY COVER

VEG DATA FORM 2

CANOPY COVER %

(E) Total Exam—Fatal Errors The following errors are considered 'fatal' errors and will result in the affected stand(s) being returned to the Contractor for rework at no additional cost to the Government.

· Any plot where the plot center location cannot be located because of improper labeling of the plot center or missing GPS coordinates, or for other reasons attributable to noncompliance with the contract specifications.

· Any form where the field’s penalty is labeled “not acceptable” or information provided by the Government is not correctly transferred.

(F) Total Exam--Calculations The total number of incorrect tree penalties divided by the total number of trees tallied on the inspection will determine the percentage of unsatisfactory work. 100% minus percentage unsatisfactory work = % satisfactory work.

# Incorrect tree penalties ----------------------------- x 100 = % unsatisfactory work # Tallied trees

100% - % unsatisfactory work = % satisfactory work

MEASUREMENT AND PAYMENT

Payments will be made for no less than 100 plots and no payment will be made for partial stands. The Contractor may submit an invoice at any time after at least 100 completed plots (from whole stands) have been completed and accepted by the Government.

INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasure. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

GOVERNMENT QUALITY ASSURANCE PLAN

The Government will make periodic inspections while work is in progress on a sample of completed exams. The Contractor shall notify and provide the electronic data files to the COR at the Malheur National Forest Supervisor’s office, when groups of 5 to 10 stands or approximately 1 to 2 weeks worth of work are completed, and are ready for inspection prior to moving out of the general area.

UNSATISFACTORY STAND EXAMINATION

If all required information is not fully legible and correctly completed, or if the percentage of work quality falls below 90 percent, the Government will immediately notify the Contractor in writing and order improvement of the quality of work. The Contractor shall revisit all of the plots with unsatisfactory stand exams within 5 work days after receipt of written notice of the unsatisfactory work. The Contractor shall rework all unsatisfactory areas to meet the 90 percent minimum acceptable specifications.

CONTRACTOR REQUESTED RE-INSPECTIONS

If the Government’s initial inspection results are not acceptable to the Contractor, a re-inspection may be requested. The request shall be submitted in writing by the Contractor within 5 calendar days after receipt of the original inspection results. This re-inspection will be on the original inspection plots. The Contractor is encouraged, but not required, to accompany the Government during the re-inspection. Results of this re-inspection will supersede the original inspection regardless of the findings. If the results of the re-inspection do not differ more than 5% from the original inspection results AND do not change the acceptability/unacceptability (90 percent work quality) of the plots then the Contractor shall pay for all costs associated with the Contractor requested re-inspection. Costs of re-inspection will be based upon the inspector’s hourly wage rate, vehicle mileage, and associated administrative costs.

INSPECTION OF RETURNED STANDS

After the Contractor has reworked the entire stand, the Government will perform a re-inspection of the work. If the second Government inspection reveals that the rework does not meet contract specifications and work acceptability, the actual costs of the second inspection will be borne by the Contractor. Costs of re-inspection will be based upon the inspector’s hourly wage rate, vehicle mileage, and associated administrative costs. The Contractor will have only one opportunity to rework unacceptable stands. If a stand fails to pass Government inspection after rework, no payment will be made for that stand.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

FAR 52.245-2 GOVERNMENT PROPERTY (APR 2012)

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

AGAR 42.215-73 POST AWARD CONFERENCE (OCT 2013)

(a) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at: Malheur NF office in John Day, OR unless otherwise changed by mutual agreement.

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

CONTRACT TIME

Work shall begin no later than 15 calendar days after the effective date of the Notice to Proceed. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specifications during the period of December to May.

Estimated start work date and contract time is as follows:

In the event an offeror is awarded more than one item, contract time will run concurrently.

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.

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:

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.

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

Collection of stand exam data can be dangerous. Hazards include, but are not limited to: long driving distances on low-maintenance level Forest Roads, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, dehydration, insect stings, overhead/falling debris, and lightning.

The Contractor shall provide a written job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The safety plan shall also address the Contractor’s policy on the use of a cell phone while operating/driving equipment/vehicles. The plan shall be presented at or before the post-award conference for discussion.

PERSONAL PROTECTIVE EQUIPMENT

The Contractor shall train in the safe operation and use of equipment to all workers using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged personal protective equipment shall not be used.

The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1 Government Property found herein.

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance 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 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice. (1) The Contractor shall submit an 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.

(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…