Cowslop_AG-05K3-S-14-0003.pdf

AG-05K3-S-14-0003

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/19/2013 671630

1 42

10600 NE 51ST CIRCLE

VANCOUVER WA 98682

GIFFORD PINCHOT NATIONAL FOREST

11/30/2014

WENATCHEE NATL FOREST LEAVENWORTH

600 SHERBOURNE

LEAVENWORTH

WA 98826

360 891-5085STEVONNE FULLER

12/03/2013 1400 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Wenatchee River Ranger District Mechanical Fuels Cows Lop

Interested Contractors shall submit all submittal documents required (See Section 4- Contract Evaluation Criteria) and be registered in SAM to be considered eligible for award.

Government reserves the right to extend contract time if determined necessary in the event option items are exercised.

Email offers are accepted. Submit email offers to scfuller@fs.fed.us.

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Wenatchee River- Cows Lop Fuels Reduction AG-05K3-S-14-0003

SCHEDULE OF ITEMS

WENATCHEE RIVER RD FUELS TSI 2014—Cows Lop

OKANOGAN-WENATCHEE NATIONAL FOREST

Note: Before preparing your quote proposal, read instructions carefully. Insert a Unit Price and Total for all items.

BASE ITEMS

Item No.

Description Method Measure

Unit Estimated Quantity

Price Total

001 Upper Huck 26:

Thin each acre

002 Pine Ridge 2: Thin

003 Pine Ridge 2: Pile

004 Twin Alder 3: Thin

005 Twin Alder 3: Pile

006 Faultline 2: Thin

007 Faultline 2: Pile

008 Beaver 14: Thin

009 Beaver 14: Pile

010 Beaver 4: Thin

011 Beaver 4: Pile

012 Chumstick TK:

013 Van Vac 6: Thin

014 Van Vac 6: Pile

015 Van Vac 7: Thin

016 Van Vac 7: Pile

017 Eagle Cr. Ranch:

018 Eagle Cr. Ranch:

Prune

019 Eagle Cr. Ranch:

Pile

020 Mill Strip: Thin

021 Mill Strip: Pile

022 Cow Cam 57: Thin

023 Camas 3: Thin

024 Cowcam 43: Thin

025 S of Orchard 20:

TOTAL-BASE ITEMS $____________________

OPTIONAL ITEMS

Item No.

Description Method Measure

Unit Estimated Quantity

Price Total

026 Faultline 14: Thin

027 Faultline 14: Pile

028 Nasty Flats: Thin each acre 209 $____________ $____________ 029 Chumstick TK: Pile

030 Van Vac 8: Thin

031 Van Vac 8: Pile each acre 7 $____________ $____________ 032 Cowcam: 45, 46, 47:

TOTAL-OPTIONAL ITEMS $___________________

GRAND TOTAL-base+options $_______________________

Note: The Government may elect to order any actual quantity within the number specified above or to exclude items from award entirely. The quantity ordered will be dependent upon unit prices received, funding available at time of award, and what is needed on the ground.

An award will be made with item descriptions of the work to be done and the agreed upon unit cost.

This is a request for quotations only.

Signature:________________________________ Date: _________________________

WENATCHEE RIVER FUELS TSI 2014—Cows Lop

C-1 Scope of Work

This is a contract for non-commercial thinning, pruning and slash piling. Work shall be done by hand (typically by chainsaw) and will include associated treatments in compliance with the terms, specifications, and provisions of this contract. This includes furnishing labor, equipment, supervision, transportation, operating supplies and incidentals except those items, if any, listed as Government-furnished property

C-2 Location:

The project locations are on the Wenatchee River Ranger District of the Okanogan- Wenatchee National Forests. Additional information can be found on the attached maps.

C-3 Project Information

The following are estimates for acres to be completed during the 2014 work season. The work to be accomplished in 2014 will be dependent on the availability of funding. These are:

• An estimate of 412 acres of non-commercial thinning.

• An estimate of 9 acres of pruning.

• An estimate of 28 acres of hand piling.

The Schedule of Items also includes optional acres that will be included on the award according to the availability of funds.

The items in this project are dispersed throughout the wildland-urban interface within the Wenatchee River Ranger District, from the Lake Wenatchee area in the north to the Tip Top Mountain area in the south. The objective of the work is to create fire-resistant stands of conifers.

About 138 acres of the work is non-commercial thinning in planted clearcuts 25-35 years old. About 274 acres of the work is cutting understory trees and some brush in more mature forest. About 91 of the older forest acres have been commercially thinned within the past ten years.

About 18 acres of the slash piling will be along drivable roads. The remaining 10 acres will be in stands of older timber.

The project also includes 419 acres of optional thinning and 22 acres of optional hand piling that may be awarded to the contractor at the Government’s discretion. Only 33 of the optional thinning acres are in planted clearcuts. All but 104 acres of the remaining thinning is in recent commercial thin units. Only 4 of the optional piling acres are in young clearcuts. All the work is to be completed during the 2014 work season.

The Contractor shall furnish all equipment, supplies, personnel, quality control and supervision to accomplish sapling thinning by hand (typically by chainsaw), pruning (typically by a combination of chainsaw and hand tools), covering handpiles (with contractor-supplied paper) and associated treatments as provided in the text of this document the Detailed Unit Information Sheets and Project Area Maps. A GPS unit with the ability to give geographic coordinates of clump and gap centers is also required.

C-4 Obligations of the Contractor:

At all times during the performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the project site a foreman who is conversant in the English language, who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The Government may at its option, suspend work with full count of contract time continuing if the contractor fails to provide a foreman conversant in the English language and who is able to read and understand the contract.

Sawyers and other workers employed by the contractor shall have sufficient skill and experience to properly perform the work to specifications. Any operator or other worker who, in the opinion of the Contracting Officer, does not perform their work to specifications or does not perform in a skillful manner, shall be removed by the Contractor upon written request from the Contracting Officer.

The contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, monumented corners, bearing trees, road surfaces and/or drainage structures as a result of contract activities. The contractor shall immediately restore any damage to its condition prior to the damage.

The contractor shall be responsible for excessive damage to natural resources, for example, damage to residual trees or streams. The contractor shall be required to repair restorable damage and may be held monetarily responsible for unrestorable damage.

At all times that work is being performed under this contract, a copy of the contract must be on the work site and must be readily available to the Contractor, his representative and the individuals performing the work.

C-5 Definitions

1. Average Spacing - The average of the distance between all crop trees necessary to provide the desired number of crop trees per acre.

2. Bucking - Cutting thinning slash left in place into lengths as indicated by technical specifications and project map(s).

3. Brush - All woody non-coniferous vegetation. This includes tree species such as cottonwood and alder. The exception is aspen.

4. Conifer - A cone-bearing tree with needles or leaf scales (e.g., pine, fir, larch).

5. Created Slash - Debris created from work under this contract, including all cut trees and shrubs (tops, trunks, branches).

6. Crooked Trees - Trees with a sharp crook on the main bole, offset more than 6 inches from the longitudinal axis.

7. Crop Tree - Any tree that is selected or required to be left standing as provided in the specifications.

8. Cull Tree - Any severely damaged, deformed, or diseased tree (trees with broken tops, conks, any mistletoe and root rot infections, insect damage, and severe wounds).

9. Cut Tree - Trees designated to be removed from the stand.

10. Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead, forked or broken top or trunks, crooks and deep scars.

11. DBH (Diameter breast height) - Diameter of the trunk measured at a point 4-1/2 feet above the ground level on the uphill side of tree.

12. Deficient Trees - Those crop trees cut which should have been left to maintain average spacing requirements; or trees not selected according to the technical specifications requirements; or trees that are excessively damaged by the thinning operation.

13. Diseased Trees - include, but are not limited to the following:

a) mistletoe-infected trees,

b) trees with one or more visible infections on the live crown or stem, unless needed to meet spacing requirements,

c) trees with off-color foliage,

d) trees infected with root rot,

e) trees otherwise exhibiting a generally unhealthy appearance.

14. Excess Tree - A tree or live limb left uncut by the contractor, which is designated within technical specifications to be cut; and, any cull tree not cut or girdled, as required in the technical specifications.

15. Existing Slash - Debris created prior to work under this contract. (Both natural and as a result of previous operations.)

16. Forked Tree - Tree with one or more forks in the live crown.

17. Fuel Break - An area within a thinned unit where thinning slash is removed or treated to reduce spread of fire to adjacent areas.

18. Girdling - A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

19. Hang-up Tree - Any cut tree suspended more than 3 feet off the ground by a crop tree.

20. Hardwood - A tree with broad leaves rather than needles (e.g., willow)

21. Leave Strip - An area within a thinned unit in which no cutting will be done to create a fuel break.

22. Leave tree - Any tree that is selected or required to be left standing as provided in the specifications.

23. Live Limb - A woody stem with green needles growing from the trunk or main stem of a tree that exceeds 2 inches in length.

23. Lopping and Scattering - Cutting limbs from trunks of cut trees and moving and rearranging of slash concentrations to reduce the fuel bed height as specified.

24. Machine - Rotary type mowers, chippers or chain saws.

25. Minor Damage - Crooks in the trunk, which are, offset less than 6 inches from the long axis. Top or bark damage extending less than 1/4 the circumference of the tree.

26. Piling - Gathering and stacking of thinning slash by hand methods into piles constructed and located as indicated by technical specifications and project maps.

27. Pruning - Limbing branches back to the bole of the tree, severing the limb with ¼ inch of limb uncut outside the branch collar.

28. Pullback - Pulling thinning slash by hand methods back into thinned unit to clear a roadway or ditch lines or into unit away from private land boundaries. This also refers to pulling slash, either pre-existent or from thinning, away from the boles of designated trees.

29. Pull-In - Pulling thinning slash by hand methods to edge of road with butt end of slash pointing toward road as indicated by technical specifications and project maps.

30. Roadway - The area between the outside edges of the fill slope and the back slope.

31. Shrub - A woody plant with no main stem, which does not usually grow higher than seven feet (brush). For example: buck brush.

32. Slash - Any vegetation that was cut by the Contractor, as well as pre-existent woody debris.

33. Spacing - The horizontal distance from the trunk of one crop tree to the trunk of the next nearest crop tree.

34. Thinning - The cutting of trees in excess of those to be left for management.

35. Whip - A tree with less than 30 percent crown ratio.

C-6 General Performance Information

A. Work item boundaries are generally breaks in timber type, major roads or logging unit boundaries Portions of work items that do not follow timber types or roads, or where logging unit boundaries are unclear are marked with pink and black striped flagging. It is the contractor’s responsibility to ask the government for boundary clarification. Maps illustrate approximate unit locations.

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may, under the changes clause, (1) provide an alternate access route; (2) delete the inaccessible unit(s) or (3) substitute similar unit(s).

Unit map road symbols are only to indicate access to units and not to suggest the roads are open within units or for any further travel.

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

B. Selection of Leave Trees -

All trees 12 inches or taller shall be treated according to the contract specifications.

Leave all conifer trees that exceed the maximum DBH cut limit specified on the Detailed Unit Information Sheet.

Select additional leave trees from healthy undamaged conifers under the specified maximum DBH cut limit as necessary to achieve the average spacing specified on the Detailed Unit Information sheet. In some cases, the specifications for an item will result in more or fewer trees that even spacing would allow.

Crop trees shall generally be those of greatest height, largest crown, and straightest single stem and that are free of damage due to insects, disease, physical, or mechanical causes.

The Detailed Unit Information Sheet lists the tree species priorities for each work item.

Whenever other factors allow, choose a healthy tree of the top tree species on the list, except when advised otherwise by the Contracting Officer, Contracting Officer Representative or Inspector.

Crop trees shall be selected according to their height relationship to adjacent trees of different species. A higher priority species that is at least 75 percent of the height of an adjacent lower priority species shall be left as the crop tree.

Example: Take a case where Douglas fir comes before lodgepole pine on the species preference list. In choosing between a 10 foot tall lodgepole pine and a 8 foot tall Douglas-fir, the Douglas-fir would be selected as the leave tree because it is at least 75 percent the height of the lodgepole pine.

In some instances the government representative may waive the ¾ height rule in order to avoid a monoculture in the stand

Western white pine shall be treated separately from other species and thinned on their own grid, using the same spacing distances as the other trees in the unit. The same goes for western red cedar. Thus, there can be up to three overlapping spacing grids in the same project area.

Spacing may be varied up to 25 percent to maintain the desired average trees per acre unless designated otherwise on the Detailed Unit Information Sheet or by an authorized government representative.

If no healthy undamaged tree exists at the required spacing interval, leave a tree with minor damage.

Any tree with no major damage and greater than 12” tall shall be considered in the species and height priorities. When a choice must be made between several healthy trees of the same species, the selected crop tree shall be the tallest one having the longest terminal leader and the fullest crown.

All hardwood trees and brush that are more than 50 per cent of the height of leave trees and come within 5 feet of a leave tree shall be cut. The five feet distance is measured horizontally from the outermost lateral branches of the crop tree to the nearest hardwood or brush branches, not from bole to bole.

Do not cut Pacific yew.

Cut all cull trees that are smaller than the maximum cut tree DBH. (See the Detailed Unit Information Sheet)

C. Cutting Methods

Stump Height - Removal of Live Limbs

All cut trees are to be cut below the lowest live limb. Hand loppers, hand operated "weed eater" machines or chain saws will be accepted to thin units. Pulling physically, completely uprooting the excess tree is an acceptable means of thinning. A pulled tree shall be completely detached from the ground. Stump heights shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

Felling

Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed as specified elsewhere herein.

No trees shall be cut within 30’ of a stream which appears on a contract map.

Hang-Ups

All thinning slash shall be placed on or near the ground surface. It shall not lean against or be suspended by a crop tree.

Forked trees, trees joined at the stump

A forked tree shall not have only one stem cut. It generally isn’t a desirable leave tree.

Multiple trees joined at the stump must be all cut or left as a single leave tree. Sometimes these can be desirable leave trees.

Cut trees with live limbs attached to the stump shall be considered excess trees.

Girdling

Any hardwood that must be cut but would damage a leave tree if felled, must be girdled.

All gridles shall completely encircle the tree through the bark and cambium layers.

Girdling must be done in such a way that the tree isn’t prone to falling during the next high winds. Avoid girdling trees that will fall on a mapped roadway or trail.

D. Slash Treatment

Daily Slash Treatment

Slash generated from each day’s work shall be removed from roadways, ditches, and from the top of cut banks along all roads in the project area, even if not shown on project maps. This slash shall be pulled back by the end of each workday.

Lop and Scatter

This is a required treatment for those portions of work items that don’t call for slash piling. Limbs greater than ¼” in diameter shall be trimmed from the boles of cut trees.

Boles shall be cut into lengths of 6’. Thinning slash should be evenly scattered to a depth of two feet or less. Tops must sometimes be trimmed to achieve this depth. Slash shall not be scattered within 4 feet of a leave tree, except where the detailed unit information sheet requires an even greater distance.

E. Construction and Covering of Slash Piles

Construction of Piles - Piles shall be constructed as compactly as possible and placed with its long axis perpendicular to the slope. All material shall be bucked into pieces less than 5 feet in length. Piles shall be constructed with vertical sides and a base wide enough to keep them from toppling. Piles shall be constructed so the lower 25% of the pile consists of fuels 2 inches and smaller in diameter and sufficient fine fuels to act as kindling when piles are burned.

Location of Slash Piles - No piles shall be made in stream channels, roads, on private property boundaries/section lines or drainage ditches. Piles shall be a minimum of 5 feet away from the drip line of any leave tree. Slash piles shall be constructed a minimum of 5 feet from any stump or log greater than 10 inches in diameter, measured on the horizontal plane.

Size of Piles - Standard pile size is 4 feet wide by 4 feet long by 4 feet tall. Pile size may increase by 1/2 a foot for each additional foot the pile is away from any crop tree. No pile size shall be greater than stated below.

Maximum Pile Size

Distance from a crop tree drip line Adjusted pile size

5 feet 4 1/2 by 4 1/2 by 4 1/2

6 feet 5 by 5 by 5

8 feet 6 by 6 by 6 10 feet 7 by 7 by 7

Covering of Piles

The contractor shall cover all hand piles with waterproof material “furnished by the contractor”. Covering material shall not be petroleum based. Care shall be taken not to puncture the covering material. Two sheets of waterproof material shall be placed on top of each pile during construction when the pile is approximately 75 percent completed.

The waterproof material shall then be secured with slash material when the remaining 25 percent of the pile is completed. This will assure that the waterproof material is not affected by wind and will protect the majority of the pile from rain and snow. The waterproof material shall be placed, as a continuous piece, from the ground surface on the uphill side of the pile, over the top, and extend to the ground surface on the downhill side of the pile, thus covering at least 75% of the pile's surface area. The width of the covering shall be at least 4 feet.

CONTRACT ADMINISTRATION DATA

Government Furnished Property and Services

Some areas are behind Forest road closures (locked gates). The Government will provide access through locked gates unless walk-ins are required.

Contractor Furnished Property and Services

Access roads are accessible by 4 wheel drive vehicle with snow tires and chains. The Contractor is responsible for clearing down trees from access roads. The Contractor is responsible for providing chainsaws and logger’s tape.

MEASUREMENT/ QUALITY CONTROL/SELF INSPECTION

Measurements

1. All linear and area measurements under this contract shall be on the horizontal plane.

2. Remeasurement

a. The contractor may at any time after award request remeasurement of any treatment area. The request for remeasurement must be in writing within 10 days after thinning has been completed on the sub-item. Remeasurement will be made within the established boundaries.

b. If remeasurement indicates a variance of five (5) percent or less from the original measurement, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acreage.

c. If remeasurement indicates a variance greater than five (5) percent, payment will be based on the remeasured acreage and the Government will pay for the remeasurement.

No adjustments will be made for a difference of 1 acre or less.

Quality Control Plan

The Contractor shall provide a Quality Control Plan as part of the proposal. The Quality Control Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The quality Control Plan shall specify:

(a) How quality will be monitored and reported to the Contracting Officer to assure the performance standards are met.

(b) How the work will be supervised.

(c) How results of the monitoring will result in quality performance.

(d) Who will be responsible for performing quality control.

Contractor Certification

For each completed unit, the contractor must furnish a certification of quality assurance.

By his or her signature on the inspection report, the contractor certifies that all of the treatments outlined for the specific unit listed in the Schedule of Items have been completed, and that all work complies with the technical specifications set forth in Section C. Only after receiving written certification will the Government perform the final inspection of a work item.

Contractor Inspection of Thinning

The contractor may opt for a self-inspection process for thinning that involves taking plot data along a systematic grid. Should the contractor want more information about this method, details will be offered by the Contracting Officer upon request.

In general, this process requires the contractor use a compass, have colored flagging and submit plot data on government-supplied cards. Final payment is then based on a comparison of the contractor and the government’s plot data. Final payment upon acceptance can vary from 80 to 100 per cent of the bid price.

GOVERNMENT VERIFICATION/PAYMENT

Government Inspection

The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The contractor or a designated representative is encouraged to be on hand when Government inspections are being made.

Final acceptance will be determined by a 100 percent visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Detailed Unit Information Sheet. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specifications standards at no increase in contract amount.

When the defects in services cannot be corrected by re-performance, the Government may--

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

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

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

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

(2) Terminate the contract for default.

Final Cleanup

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

Acceptance

Acceptance of the work under this contract will be made when the Contracting Officer has made the determination of satisfactory compliance with the specifications and the Contracting Officer approves contract payment(s).

SECTION 2 – CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (SEPT 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 reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

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

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

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

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

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

(g) Invoice.

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

An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—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. 4712 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-ofname 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.

(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

52.222-54 Employment Eligibility Verification (JUL 2012) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.232-11 Extras (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

CLAUSES

452.236-77 Emergency Response (NOV 1996)

52.217-5 Evaluation of Options. (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s).

FAR 52.217-7 Option for Increased Quantity -- Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from the date of award through November 30, 2014.

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) Alternate 1 (Feb 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is”…