Sol_No_AG-05G2-S-17-0009.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-05G2-S-17-0009

6. SOLICITATION ISSUE

DATE

MAR. 03, 2017

7. FOR SOLICITATION

INFORMATION CALL :

a. NAME Mr. Miley Sutherland

Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

(360) 956-2471

8. OFFER DUE DATE/

LOCAL TIME

APR. 04, 2017

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA, Forest Service

Olympic National Forest

1835 Black Lake Blvd., Suite A

Olympia, WA 98512

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB-

VETERAN-OWNED SMALL

BUSINESS 8(a)

NAICS Code: 115310 – Support Activities for Forestry Size Standard: $7.5 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

As stated in BPA Call (Order)

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Wildlife or Fish Habitat Improvement Services.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

Wildlife or Fish Habitat Improvement RFQ AG-05G2-S-17-0009

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Schedule of Items

a. Base Year:

ITEM

NO.

SUPPLIES/SERVICES

Est.

QTY

UNIT

UNIT

PRICE

Labor

Wildlife or Fish Habitat Improvement

001 Saw-topping Each $ $

002 High Girdling Each $ $

003 Base Girdling Each $ $

004 Cavity Creation Each $ $

005 Cutting High Limbs Each $ $

006 Wildlife Boxes Each $ $

Coarse Wood Down (CWD) Habitat Structures Creation

Each

008 Saw Falling Each $ $

009 Falling Trees with Root Wads Attached Each $ $

TOTAL AMOUNT $

Est. Qty: Estimated annual quantity for evaluation purposes only.

Labor (%): Percent of Unit Price that is Labor Cost. Unit prices will be adjusted annually in accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014).

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148260

b. Option Year 001:

Unit prices increase by the percentage escalation factor compared to the Base Year.

Unit prices escalation factor: _____________ (%) percent.

c. Option Year 002:

Unit prices increase by the percentage escalation factor compared to the Option Year 001.

d. Option Year 003:

Unit prices increase by the percentage escalation factor compared to the Option Year 002.

e. Option Year 004:

Unit prices increase by the percentage escalation factor compared to the Option Year 003.

B.2 Blanket Purchase Agreement (BPA) Use and Intent

The intent of this solicitation is to obtain services to create structures for wildlife or fish habitat improvement. BPA Call (Order) awardee shall furnish wildlife habitat improvement services.

The BPA is effective for one year from date of award and with four (4) one-year options.

The Blanket Purchase Agreements (BPA) resulting from this Request for Quotes (RFQ) may be used by any warranted Contracting Officer in the U.S. Forest Service, National Forest or Forest

Research Station, Pacific Northwest Region, or Service First Agency

(http://www.fs.fed.us/servicefirst/), within their warrant authority.

The Government is obligated only to the extent of authorized BPA Calls (Orders) actually made under the BPA.

B.3 Pricing

This solicitation will result in multiple agreements. The dollar limitation for any individual BPA

Call (Order) is $150,000.00.

Proposed rates submitted in response to this solicitation shall include, but are not limited to:

labor; equipment; operating supplies; materials; State and Federal taxes; including workers compensation costs; insurance coverage; overhead; and profit. If awarded a BPA, proposed unit prices will be incorporated in the BPA and apply to future BPA Calls (Orders).

Costs for mobilization and necessary lodging and meals will be included in the price proposal for each individual BPA Call (Order).

B.4 Basis for Award

The Forest Service will award a sufficient number of BPA’s to meet anticipated requirements to responsible quoters whose quotes conforming to the solicitation will be advantageous to the

Forest Service, price and other factors considered.

The following factors will be used to evaluate quotes:

(1) Quoters experience performing tasks identified in this requirement;

(2) Quoters past performance performing tasks identified in (1) above;

(3) Price based upon quoted unit prices for all tasks in the Schedule of Items in this solicitation; and

(4) Price offered in the BPA Call (Order) attached to this solicitation.

http://www.fs.fed.us/servicefirst/

B.5 Small Business Set Aside

This solicitation is a total small business set-aside. NAICS Code 115310 – Support Activities for

Forestry, small business size class - $7.5 million.

B.6 Award of BPA Call (Order)

BPA awardees will submit a quote in response to a BPA Call (Order). The Forest Service will select a quote for award based upon the evaluation criteria stated in the BPA Call (Order). The

Forest Service will submit an Offer to the selected Quoter. The BPA Call (Order) becomes a binding contract upon acceptance of the offer by the Quoter. Offer shall include: services to be performed; performance period; and price.

B.7 Termination of BPA.

Either party may terminate the BPA with 30 days written notice. BPA Call (Orders) that have been awarded and are binding contracts shall be completed even if one party has terminated the

BPA.

B.8 Summary

Quoters shall:

a. Submit a quote in response to this solicitation;

b. Submit a quote in response to BPA Call (Order) #01 attached to this solicitation; and

c. Register and update information in the System of Award Management (SAM).

C.1 DESCRIPTION OF WORK - GENERAL

This solicitation and any resulting Blanket Purchase Agreement (BPA) is to create structures for wildlife or fish habitat improvement, if and when requested by a contracting officer with a BPA

Call (Order) during the effective period of the BPA and for an amount less than $150,000.00.

Standing trees will be treated in a variety of methods to create live and dead wildlife trees or snags; wildlife nest or roost boxes will be installed; trees will be felled with and without root wads attached; and existing down wood will be piled or bundled to create coarse down habitat

(CWD) structures.

The contractor may use a choice of tools (chainsaw, auger, or other hand tools) unless otherwise specified.

Falling trees with root wads attached requires the use of heavy equipment, such as an excavator.

Blasting is not allowed as a method of treatment on this contract.

Contractor shall select trees according to BPA Call (Order) specifications. Remnant old growth trees will not be treated. In some cases, the government will pre-select and mark trees for treatment.

Slash treatments are required on all methods if slash exceeds specifications.

Documentation spreadsheets with GPS coordinates or digital mapping using approved software shall be submitted to designated-Contracting Officer Representative (COR) for inspection and approval.

Each BPA Call (Order) will list specifics including locations, treatments and/or combinations of treatments, treatment heights, tree diameter at breast height (DBH), live limb retention or removal, and specific required documentation.

Government Furnished Property (GFP) will be specific to each task but will include, where applicable, wildlife tree signs, aluminum number tags, nest and roost boxes, and project maps.

Project Locations

Project work sites are within federal lands administered by the Forest Service (FS). Project sites will be over 100 feet from open specified roads. Each BPA Call (Order) will include locations specifics and maps.

Project area boundaries may not be physically identified on the ground. Maps of project areas will be provided by the Government.

Typical Project Requirements

The following are typical project requirements. Specific project requirements will be identified in each BPA Call (Order):

Saw-topping -- Douglas-fir, Western hemlock or Sitka Spruce, 15 to 29 inches diameter at breast height (DBH), treatment height 50 – 90 feet, completely severed top with king’s crown (6 cuts, 6 inches deep).

High Girdling -- Douglas-fir, Western hemlock or Sitka Spruce, 15 to 29 inches DBH, treatment height 50 – 90 feet. Six inch band around the tree where bark and cambium layer completely removed.

Base Girdling -- Douglas-fir, Western hemlock or Sitka Spruce, 15 to 29 inches DBH, treatment below DBH. Six-inch band around the tree where bark and cambium layer completely removed.

Cavity Creation -- Douglas-fir, Western hemlock or Sitka Spruce, 15 to 29 inches DBH, treatment height 20 feet. A cavity is created by cutting an oblong hole into the tree trunk approximately 3 inches wide by 4 inches high, to a depth of 1/3 the bole diameter at the place of treatment.

Cutting High Limbs -- Douglas-fir, Western hemlock or Sitka Spruce; treatment height 30-90 feet. Cut limbs to thin dense crowns, for enhancing platform nesting limbs or raptor perches.

Wildlife Box Placement -- Nest or roost boxes will be secured using nails or screws onto trees or other structures at a predetermined height. In most cases the boxes will be placed at least 15 feet from ground.

Creating Course Woody Debris (CWD) Structures -- Create CWD structures by hand-piling or bundling existing woody debris or logs on the ground. Down wood might require cutting with a saw before piling. Piles would be approximately 5-8 feet high and 10 feet wide.

Saw-Falling Trees -- Douglas-fir, Western hemlock or Sitka Spruce; fall tree at stump height. 8 –

29 inches DBH. No portion of the tree shall be within 100 feet of any specified road unless authorized by the agency.

Falling Trees with Root Wads Attached -- Douglas-fir, Western hemlock or Sitka Spruce; push tree over with an excavator so that the tree root wads remain attached, to add coarse wood to streams.

Tree Marking

Each treated tree shall be identified with a secured Wildlife Tree sign and marked with a ring of orange paint at DBH, unless otherwise noted in the BPA Call (Order). A numbered tag may be required to be attached to the wildlife tree sign.

Measuring and Documentation

All trees require measuring and documentation on data sheets listing the: date treated;

climber's name; tag number; treatment type; tree species; DBH; treatment height; number of limbs left (if applicable); aspect of treatment (if applicable); direction to reference trees (if required); and GPS coordinates.

Access to Project Areas

Typically access to project areas is: (1) passable with 2-wheel drive vehicle, although 4-wheel drive may sometimes be required; or (2) foot travel to the project area boundary is less than one half (½) mile.

If access to a project area is not feasible due to snow, fallen trees, slides, or washouts, and foot travel is one hal (½) mile, or more, to reach the project area boundary, then each BPA Call

(Order) will designate potential walk-in units. Contractors will be expected to make on-site visits prior to submitting a quote.

Motor vehicles shall not operate off existing spur roads.

Spur roads shown on project maps may not be accessible by vehicle. The Government assumes no obligation to do special maintenance to keep roads open.

Mobilization

Mobilization cost will be a line item in each BPA Call (Order).

If the Contractor is required to Remain-Over-Night (RON) lodging and per diem will be a line item on the BPA Call (Order). Lodging and per diem will be in accordance with current Federal

Travel Regulation rates.

Government Provided Property

The Government may provide some or all of the following item(s) of Government property, as needed, to the Contractor for use in the performance of the tasks. The Contractor shall be liable for all loss or damage of such Government-furnished property until completion and final acceptance of work required under this contract. Government-furnished items will be available from the Government at the appropriate Administrative Office.

a. Project area maps;

b. Data forms;

c. Wildlife Tree signs;

d. Numbered metal tags;

e. Wildlife boxes.

Contractor Provided Items, Service

The Contractor shall provide all supervision, labor, transportation, tools, materials and equipment required for the safe and timely completion of the project except as specifically noted under Government Furnished Property.

Contractor shall furnish the following items:

a. Diameter tape;

b. Compass;

c. Instruments to measure treatment heights or distance;

d. Nails or screws, tools to install signs and or wildlife boxes as specified in the BPA Call

(Order);

e. Paint to mark treated trees on specified Calls (Orders);

f. GPS and appropriate software compatible with Agency systems.

Communication

Communication devices including mobile phones shall be required for safety purposes when any contract work is being performed. Citizen band (CB) radios are not acceptable. Mobile phones or established radio nets may be necessary to call for help in case of an emergency. There are areas that are considered "dead zones" where communications are not available. The

Contractor is required to verify that their communication devices work for the project area or in the vicinity of the project area prior to beginning work.

The Contractor shall keep the COR informed of crew location and provide weekly progress reports either verbally or in writing.

Safety Requirements

All Occupational Safety and Health Administration (OSHA) standards, State safety and health rules, and safe climbing practices shall be followed. In operations requiring tree climbing, there shall be a minimum crew of two (2) who must be in sight or audible signal distance from one another. At least two personnel with climbing experience and an extra set of' climbing equipment shall be available at the worksite to render assistance to the climber in an emergency.

A general safety plan shall be developed by the Contractor which complies with or exceeds

OSHA standards. It shall describe safety procedures for crew safety involved with all contract operations. Emergency numbers and communications shall be described in the plan. This plan shall be presented and reviewed by all crew members and be available to all crews at all sites during work periods as well as available to the Government for inspection at any time.

Communications shall be tested prior to starting operations. This general safety plan shall be provided in the Contractor's Technical Proposal.

In addition to the general Safety Plan, the Contractor shall have a site-specific Communication/

Safety/ Emergency Plan. The site-specific plan shall be a document giving location of operations, name and phone number of individuals to call in case of an emergency, phone number of nearest fire department, travel route(s) to project location(s), nearest hospital, and fire rescue and ambulance (EMS). This plan shall be presented and reviewed by all crew members and be available to all crews at all sites during work periods as well as available to the

Government for inspection at any time.

Each individual climber operating in the performance of this contract shall have final say as to the safety of each tree scheduled for climbing.

The Contractor shall not block roads or trails or obstruct traffic while performing contract requirements unless warranted by safety requirements. The Contractor shall provide sufficient warning (signs, safety guard, etc.) to insure public safety and meet Federal and State regulations.

The Contractor shall be responsible for assuring that operations will not cause harm or injury to personnel, other users of the area, or non-target (landscape or wildlife) forest resources.

Key Personnel

Key personnel are those personnel (crew supervisor and field crew members) considered essential to successful contract performance. All key personnel shall be identified in the

Contractor's BPA Call (Order) proposal.

During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below. After the initial 90-day period, the Contractor shall submit the information required below to the

Contracting Officer at least 15 days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

SPECIFIC TASKS

Tree Selection Criteria for Wildlife Tree and Down Wood Creation

Trees to be treated shall be selected by the Contractor according to the following guidelines. The

Government in some cases may designate trees to be treated, including trees to fall with root wads attached, as specified on the BPA Call (Order).

Contractor selects and climbs trees according to OHSA.

1. Any tree within 50 feet from a stream shall not be treated unless designated by a specific

BPA Call (Order).

2. Trees on ridge tops that are susceptible to wind throw shall not be girdled.

3. Any tree with the following characteristics shall not be treated:

a. Existing broken tops;

b. Visible cavities or holes;

c. Multiple-topped trees;

d. Spike-topped trees;

e. Obvious Root Rot;

f. Mistletoe platforms;

g. Any tagged tree, Genetic tree, or designated research tree of any kind;

h. Cultural trees with historic scars, for example, Western red cedars with large surface scars where bark was intentionally stripped off.

i. Defects, fire-scars, or mechanical damage.

4. Trees shall not be treated that are within the treatment height plus 40 feet of any open or unblocked roads or trails (minimum of 100 feet), unless designated by the Government.

5. Trees must be within unit boundaries, unless designated otherwise.

6. Selected trees shall be within the designated species, treatment heights, and DBH ranges as specified in each BPA Call (Order).

Distribution of trees

The locations, number of trees, treatments, and distribution of trees by treatment across a project area will be indicated in the BPA Call (Order). If a project area does not have trees that fit any of the DBH or height ranges notify the Government.

Saw-topping

1. Tree selection for topped trees shall consider all OSHA and safety precautions. If tree selection for topping is limited due to safety hazards i.e. area is full of stem decay, Contractor shall inform the Government immediately.

2. Treatment heights and limb retention will be designated on each BPA Call (Order).

3. The tree tops shall be felled inside the unit boundaries, unless otherwise noted. The COR may instruct the Contractor to directionally fall tops away from specific areas.

4. Directionally fall tops to prevent damage to any existing snags.

5. Tree tops or limbs must be severed completely in such a manner that they are lying on the ground. No tops or limbs shall be left hung up in other trees or left leaning against the bole of a tree. If a treetop is hung up and not able to be released inform the Government immediately. The Contractor may be required to post a 24-hour watch with a safety guard until the tops or limbs are on the ground.

6. Tops shall be Rough cut using a King's crown or V-type notch cut into the remaining top, with a minimum of 6 cuts into the sawn top surface that are a minimum of 6 inches deep to provide for greater potential of decay introduction.

High Girdling

1. The bark and cambium layer shall be removed from a 6-inch wide or greater band completely encircling the trunk of the tree but not deeper than 1 inch into the wood. No trace or the cambium shall remain within the band on the bole.

2. The girdled band shall be placed to be visible from the ground between branch whorls or remaining branches as designated in the BPA Call (Order).

3. Treatment height and limb retention below girdle will be designated in each BPA Call

(Order).

Base Girdling

1. The bark and cambium layer shall be removed from a 6-inch wide or greater band completely encircling the trunk of the tree but not deeper than 1 inch into the wood. No trace of the cambium shall remain within the band on the bole;

2. Girdle height is at or below DBH;

3. Placement of tags and signs are below the girdle.

Cavity Creation

Treatment height and cavity dimensions will be indicated on the BPA Call (Order).

Cutting High Limbs

Treatment height, limb size and number of limbs will be indicated on the BPA Call (Order).

Wildlife Boxes

1. The Wildlife roost or nest box shall be attached using spike nails or bolts in a length, number, and configuration as specified in a specific BPA Call (Order).

2. Box height and placement site will be indicated in the BPA Call (Order);

3. The box shall be attached to be horizontally level and secure.

CWD Creation

CWD structure (debris piles or bundled logs) dimensions will be indicated on the BPA Call

(Order).

Saw-Falling

1. DBH range will be indicated on each BPA Call (Order).

2. No portion of a felled tree shall be within 100 feet of any specified road unless authorized by the agency.

3. Care shall be taken to avoid damaging adjacent trees.

Falling Trees with Root Wads attached

1. Trees will be selected by the Government.

2. Contractor shall fall the tree so that the root wad remains attached, using heavy equipment such as an excavator.

3. Contractor shall fall the tree toward specific area, such a stream or riparian area, as specified in the BPA Call (Order) and directed by COR.

4. Project area access by heavy equipment will be indicated in the BPA Call (Order).

5. No portion of a felled tree shall be within 100 feet of any specified road unless authorized by the agency.

6. Care shall be taken to avoid damaging adjacent trees.

7. The work will take place during low stream flows; timing of work will be indicated in the

BPA Call (Order).

Combination Treatments

1. Some BPA Calls (Order) may include more than one of the above treatments on the same tree. All specifications for all treatments shall be adhered to.

2. The Contractor will have the opportunity to provide a quote on the combined treatment on each individual BPA Call (Order).

Marking Treated Trees

Installation of Wildlife Signs

1. On each treated standing tree, a "Wildlife Tree” sign (Government Furnished) shall be placed in the horizontal position at DBH using two nails to fasten it securely to the tree.

Nails shall not be hammered completely into the tree to allow for continued diameter growth.

2. On each saw-fallen tree a "Wildlife Tree" sign (Government Furnished) shall be placed on the end of the tree within 6 inches of the top of the cut. Each sign shall be secured with two nails that shall be hammered completely into the tree.

Installation of Tree ID Number tags

1. Each tree shall be tagged with Tree ID Number (Government furnished). Some BPA

Calls (Orders) may only require the tree number be etched or written on the Wildlife Tree sign.

2. Tree ID numbers on each tree shall correspond to the tree data sheets with the additional data for that tree.

Paint Application

1. If indicated on the BPA Call (Order), each treated tree shall be marked with a ring of orange paint at DBH. Each fallen tree shall be marked with paint on the large end of the tree if designated in the BPA Call (Order).

Measuring Treated Trees

Measurement shall be taken of the following:

1. DBH, recorded in inches;

2. Treatment height, recorded in feet;

3. Number of live limbs left below the treatment height;

4. Aspect of cavities and boxes;

5. GPS coordinates.

GPS coordinates are recorded at each tree or in the center of each clump. Unless otherwise stated in the BPA Call (Order), record the Latitude - Longitude coordinates using a GPS device, to an accuracy of between 15 and 24 meters CEP, if possible. Format: hddd.ddddd° (decimal degrees).

Map Datum: NAD 83.

If after 15 minutes, an accurate GPS point at the tree/snag cannot be achieved, record the azimuth and distance from another GPS tree/snag or point.

GPS coordinates shall be provided electronically in an Excel file or other software as specified in the BPA Call (Order).

Documenting Tree Data

The Contractor shall submit electronic data sheets as established on the BPA Call (Order).

The following is an example of the information to be recorded. Each BPA Call (Order) or

Administrative unit may have a different form.

a. Project/unit area;

b. Date treated;

c. Name(s) of Climbers/recorders;

d. Species;

e. Directions to the reference tree;

f. Tree ID number;

g. Treatment type;

h. DBH of treated tree, recorded in inches;

i. Treatment height, recorded in feet;

j. Aspect of cavities and boxes;

k. GPS coordinates;

l. Page number;

m. Additional comments that would assist in relocating the trees, such as “north end of unit" etc.

Slash Treatment

Treetops created by this project that fall within 100 feet of an open road shall be pulled back and scattered.

Treetops shall be removed from fire lines and trails.

Acceptance and Payment

Documentation spreadsheet with GPS coordinates or digital mapping using approved software shall be submitted to designated-COR for inspection and approval. If the inspection reveals the need for rework, the COR will notify the Contractor immediately. All rework shall be completed prior to proceeding to new areas of work for the same Administrative Office. No additional payment will be made if rework is necessary or the Contractor elects to climb or treat a tree more than once. All required documentation shall be completed before acceptance.

Payment will be made on a tree by tree basis for all treatments that comply with contract specifications al the unit price stated in the BPA Call (Order).

If a Government-selected tree is deemed to be unsafe by the Contractor, either prior to climbing or once climbing has started, the Contractor will not receive payment for that tree.

Trees not treated and marked in accordance with specifications will not be accepted for payment.

No payment will be made for any tree which the COR is unable to identify as having been treated or is unable to locate.

Final payment under each BPA Call (Order) will not be made until all Government-furnished property, not utilized during performance of the BPA Call (Order), has been returned to the

COR.

The Contractor may be assessed damages at the current timber market rates as determined by a certified timber cruiser for cutting down trees that do not comply with specifications.

CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572 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, 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.

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(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 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 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i) (6) (v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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(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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 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 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 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.

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(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.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

ADDENDUM TO FAR 52.212-4

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.232-11 Extras (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

52.242-17…