Solicitation.doc

AG-82B1-S-10-0045

Machine Roadside Brushing

INTERMOUNTAIN ECONOMIC RECOVERY OPERATIONS CENTER INSTRUCTIONS

issuing office:

U.S. Department of Agriculture

Forest Service

Intermountain Eroc 740 Simms Street Golden, CO 80401

FAX (303-275-5299

solicitation no. RFQ AG-82B1-S-10-0045 offers are solicited for: Machine Roadside Brushing on the Clearwater n.f.

important – notice to quoter:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items (Pages 4-6). (Complete Unit Price and Amount)

3.Experience Questionnaire (Pages 33-34)

4.Representations and Certifications (Pages 35-46). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

5. Amendments (If Applicable)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to:

USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401 IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSe 52.205-7 Central contractor registration FOR DETAILS ON HOW TO APPLY.

all solicitations shall be issued through fedbizops. no paper solicitations shall be issued.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

347547

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-82B1-S-10-0045

6. SOLICITATION ISSUE DATE

01/11/10

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Judy Martin

b. TELEPHONE NUMBER (No collect calls)

(208) 557-5841

8. OFFER DUE DATE/LOCAL TIME

02/09/10 3:00 p.m. MST

9. ISSUED BY

CODE

USDA, Forest Service Intermountain EROC

704 Simms Street

Golden, CO 80401

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UNRESTRICTED or FORMCHECKBOX

SET ASIDE: 100 % FOR

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Small Business FORMCHECKBOX Emerging Small Business

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Hubzone Small Business FORMCHECKBOX 8(A)

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Service-Disabled Veteran Owned Small Business

NAICS:

115310 SIZE STANDARD: $7.0 Million

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13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB Destination unless Block is Marked

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See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ TIN No. ___________________________ U.S. Dept. of Agriculture National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

MACHINE ROADSIDE BRUSHING, Clearwater National Forest, Idaho This requirement is being procured as a fixed-price Simplified Acquisition in acordance with FAR 13.5.

PLEASE PLACE YOUR QUOTE IN SECTION I- SCHEDULE OF ITEMS

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28. FORMCHECKBOX

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES 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. FORMCHECKBOX

AWARD OF CONTRACT: REF. ___________________ 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

STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED FORMCHECKBOX

INSPECTED FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

42.b. RECEIVED AT (Location)

Standard Form 1449 (REV. 3/2005) Back

SECTION I--SUPPLIES OR SERVICES AND PRICES

MACHINE ROADSIDE BRUSHING

North Fork and Lochsa Ranger Districts Clearwater National Forest Clearwater and Idaho Counties, Idaho I- 1 – Schedule of Items Item 1 – Base Item North Fork Ranger District (Total 194.181 Miles)

Item 2 – Base Item Lochsa Ranger District (Total 155.24 Miles)

Item 3 – Optional Item North Fork Ranger District (Total 119.35 Miles)

Item 4 – Optional Item Lochsa Ranger District (Total 125.8 Miles)

NOTE: Only quotes to the nearest cent will be accepted. Vendors may quote on one or more items.

The road maintenance levels are provided for the proposed routes to be brushed in the Road Information Tables in the following pages. Listed below are factors vendors should consider when quoting.

1. The listed maintenance level may change within the length of an individual road. The listed level is the highest maintenance level for each road.

2. The maintenance level is an indicator of the maintenance that should have been routinely done to these roads. This has not been the case over several years due to budget constraints and overall unit downsizing. No guarantee is made as to what level or type of maintenance each individual road has received over the years.

3. All these roads are currently open to unrestricted public use.

II- 2 – Evaluation and Award of Base and Optional Items The Government will evaluate offers for award purposes by adding the total price offered for any Base Items (Items 1-2) and Optional Items (Item 3 & 4) proposed. Evaluation of base and optional items will not obligate the Government to award the items. Award of base items will depend on availability of funds at time of award. For award of optional items, see clause FAR clause 52.217-7. Award of Optional Items may not necessaryly be for all roads within the Item, but may be for individual roads listed within the Item.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

II- 3 - Single or Multiple Awards

The Government may elect to award a single or multiple contracts under this solicitation. The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

Road Information for the North Fork Ranger District

North Fork Base Item

North Fork Optional Items

Road Information for Lochsa Ranger District

Lochsa Base Item

Lochsa Optional Items

Maintenance Level Descriptions Maintenance levels 1-5 (operational and objective) are described in the following paragraphs:

1. LEVEL 1. These are roads that have been placed in storage between intermittent uses. The period of storage must exceed 1 year. Basic custodial maintenance is performed to prevent damage to adjacent resources and to perpetuate the road for future resource management needs. Emphasis is normally given to maintaining drainage facilities and runoff patterns. Planned road deterioration may occur at this level. Appropriate traffic management strategies are "prohibit" and "eliminate" all traffic. These roads are not shown on motor vehicle use maps.

Roads receiving level 1 maintenance may be of any type, class, or construction standard, and may be managed at any other maintenance level during the time they are open for traffic. However, while being maintained at level 1, they are closed to vehicular traffic but may be available and suitable for nonmotorized uses.

2. LEVEL 2. Assigned to roads open for use by high clearance vehicles. Passenger car traffic, user comfort, and user convenience are not considerations. Warning signs and traffic control devices are not provided with the exception that some signing, such as W-18-1 “No Traffic Signs,” may be posted at intersections. Motorists should have no expectations of being alerted to potential hazards while driving these roads. Traffic is normally minor, usually consisting of one or a combination of administrative, permitted, dispersed recreation, or other specialized uses. Log haul may occur at this level. Appropriate traffic management strategies are either to:

a. Discourage or prohibit passenger cars, or

b. Accept or discourage high clearance vehicles.

3. LEVEL 3. Assigned to roads open and maintained for travel by a prudent driver in a standard passenger car. User comfort and convenience are not considered priorities. The Manual on Uniform Traffic Control Devices (MUTCD) is applicable. Warning signs and traffic control devices are provided to alert motorists of situations that may violate expectations.

Roads in this maintenance level are typically low speed with single lanes and turnouts. Appropriate traffic management strategies are either "encourage" or "accept." "Discourage" or "prohibit" strategies may be employed for certain classes of vehicles or users.

4. LEVEL 4. Assigned to roads that provide a moderate degree of user comfort and convenience at moderate travel speeds. Most roads are double lane and aggregate surfaced. However, some roads may be single lane. Some roads may be paved and/or dust abated. Manual on Uniform Traffic Control Devices is applicable. The most appropriate traffic management strategy is "encourage." However, the "prohibit" strategy may apply to specific classes of vehicles or users at certain times.

5. LEVEL 5. Assigned to roads that provide a high degree of user comfort and convenience. These roads are normally double lane, paved facilities. Some may be aggregate surfaced and dust abated. Manual on Uniform Traffic Control Devices is applicable. The appropriate traffic management strategy is "encourage."

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

II- 1 – Scope of Work The performance-based services covered in this solicitation and resultant contract require the contractor to furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform machine roadside brushing on roads specified herein, in compliance with the terms, specifications, conditions, and provisions. Brushing equipment shall be either wheeled or track and shall meet general commercial industry standards. Hand work shall be required when limbing individual trees and disposing of brush. The equipment used to perform this work shall meet safety standards and shall be in good mechanical condition.

This work consists of removal and disposal limbs, residual brush, live roadside brush and trees less than eight (8) inches in diameter (when measured 8 inches above the ground on the uphill side) which are within or obtrude upon the designated clearing limits on both sides of the roadway. Work also includes the removal of all logs and windfall within the specified clearing limits. This includes a horizontal distance of eight (8) feet from the shoulder of roads with ditches, eight (8) feet horizontal distance from hinge for roads without a ditch, and a horizontal distance of eight (8) feet from the shoulder of the road of the fill side. Clearing limits shall include turnouts and curves.

Vegetative growth within 25 feet of a live stream will be cut for safety site distance only. The horizontal distance from the shoulder on the fill slope may vary to protect the stream and will be agreed upon in writing between the Contractor and the Contracting Officer. If brush cutting is needed within riparian areas (particularly stream crossings) heavy machinery shall be used only from the established road prism and only to the shoulder.

II- 2 – Project Location The work sites are located on the North Fork and Lochsa Ranger Districts of the Clearwater National Forest. The locations and other information pertinent to each road will be provided prior to starting work. Forest maps may be requested from the Clearwater National National Forest, 12730 Highway 12, Orofino, ID 8544.

II- 3 – Base Item Period of Performance This contract will commence on approximately June 1, 2010 and shall continue until November 30, 2010. However, the period of performance may be extended in accordance with the option provisions contained herein.

Work may be accomplished during daylight hours (one-half hour before sunrise to one-half after sunset). The Government may restrict operations on weekends of expected high use. For the purpose of this project, the winter season is usually October to May of each year.

II- 4 – Optional Items Periods of Performance The contract provides for optional items to be exercised at the discretion of the Government. The Optional Items periods of performance, if exercised, are indicated below:

Optional Item 3 & 4:

April 1, 2010 through September 30, 2011 The Government reserves the right to specify the sequence in which the work is performed.

II- 5 – Government-Furnished Property The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The following items will be government furnished:

None CONTRACTOR WORK REQUIREMENTS and STANDARDS II- 6 - Moving of Equipment and Supplies Moving of equipment, accessories, support equipment, and personnel to and from the point of hire (Orofino, Idaho) will be paid at the lump sum mobilization amount as shown in the Schedule of Items.

Moving of equipment, accessories, support equipment and personnel to and between job locations shall be at Contractor’s expense and should be reflected in the unit price per mile in the Schedule of Items.

II- 7 - Replacement of Equipment Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. All repairs are the total responsibility of the Contractor.

II- 8 - Existing Structures All existing structures such as signs, cattleguards and drainage structures damaged by the Contractor's operations shall be replaced by the Contractor at no cost to the Government. No crawler type equipment will be allowed on asphalt roadways.

II- 9 - Pollution and Erosion Control During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

Oil from crankcases or gear boxes, equipment waste or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State and Local laws.

Equipment ordered for operations in close proximity to streams or bodies of water will be required to meet more stringent requirements regarding seals and fittings that prevent the leaking of hydraulic fluids, lubricants and fuels. Failure to comply will result in immediate rejection of equipment. Fueling should occur at locations as far as practicable from open water or wet areas to prevent potential contamination.

II-10 - Noxious Weed Control In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of equipment shall be treated in the same manner as initial move-in. "Equipment" does not include pickup trucks and personal vehicles.

Failure to provide clean equipment may result in the rejection of equipment. The Contractor shall make all equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

II-11 – Safety

Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control and coordination with other users.

II-12 – Maintenance of Traffic and Use of Warning Devicies The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), 2003 edition, and these specifications. All signs and devices remain the property and responsibility of the Contractor.

(a) - Traffic Conditions

(1) - Roads shall be open to traffic unless otherwise approved in writing by the COR.

(2) - One lane roads shall be available for one lane channelized passage of traffic at all times unless approved in writing by the COR.

(3) - On roads closed with gates, the gate will remain closed during the period of operations. The gate shall be opened only to allow passage of the Contractor and his/her equipment and then be closed, unless otherwise approved in writing by the COR. The Contractor shall not utilize motorized equipment behind a closed gate for hunting.

(b) - Devices

(1) - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

(2) - Traffic approaching the work area from either direction and side approaches shall be warned by signing.

(3) - Signs will, at all times, be within one mile of the operating equipment or personnel, unless otherwise approved in writing by the COR.

(4) - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, an other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

(5) - Advisory speed plates may be used to control traffic through the work area.

(c) - Equipment

(1) - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing amber lights or rotary beacons operated continuously while work is in progress.

(2) - Vehicles and machinery not currently used in the maintenance operation shall be parked off the traveled way at approved locations to minimize interference with the normal use of the road.

(3) - Use of motorized equipment other than hand held equipment such as power saws and brushcutters will not be permitted off designated roads in the project area without approval of the Contracting Officer's Representative.

II-13 - Brushcutting Specifications

(a) - Logs and windfalls:

(1) - Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cut slope and moved beyond the clearing limits to a location that will prevent the log from rolling into the clearing limits. Portions of a log or windfall that lies on the upper side of the road shall either be firmly anchored to prevent sliding into the clearing limits or moved beyond the clearing limits as described above.

(2) - Windfalls on the fill slope side which extend abve the road elevation shall be cut off at least two (2) feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed, or scattered so that limbs do not extend above the roadway elevation.

(3) - Creeks, streams and drainage facilities must be kept clear of any debris or materials handled during performance of brushing and work shall not result in interference or obstruction of water flow.

(b)- Brush and trees eight (8) inches or less in diameter

(1) - All brush and trees located inside the clearing limits shall be cut off leaving a stump height no higher than four (4) inches above the ground level on the uphill side for hand cut trees and six (6) inches above the ground for machine brushing. All trees over four (4) inches diameter shall be cut by hand. Stump height of vegetation cut within the roadway shall not exceed two (2) inches.

(2) - All brush, slash, trees, etc., shall be cut off cleanly, with no material left partially cut, bent over or matted down.

(3) - No brush, slash or other material shall be disposed of in creeks or streams, and shall not interfere with or obstruct drainage facilities.

(4) - All slash having a diameter greater than one (1) inch and a length greater than two (2) feet or a length greater than three (3) feet regardless of diameter shall be disposed of by scattering outside the clearing limits so that no material extends above the roadway elevation.

(c) - Trees in excess of eight (8) inches diameter:

(1) - Trees in excess of eight (8) inches diameter, when measured eight (8) inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the roadway. Limbs shall be disposed of outside the clearing limits.

(2) - Debris shall not be allowed to accumulate in heavy concentrations, and should be distributed outside the clearing limits adjacent ot the cutting area in a location that will prevent the debris from rolling into the clearing limit.

(d) - All brush shall be removed from the roadway at the end of each day.

II-14 – Performance Summary

The following describes the major items in the contract with the incentives and deductions for the work described.

The Contractor’s quality will be reflected in the performance evaluation either as positive or negative.

If the Government is required to re-inspect, the actual cost of additional inspection shall be deducted from the Contractor’s payment. Re-work at no cost to the Government.

Quality Control

· The quality of Quality Control provided by the Contractor will be reflected in the performance evaluation as either positive or negative.

· If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation and may be grounds for termination.

· Inadequate Quality Control will result in rejection of work, rework by the contractor at no cost to the Government of the re-inspection for acceptance.

INSPECTION AND ACCEPTANCE REQUIREMENTS

II-14 - Contractor Quality Control Plan The Contractor shall have a Quality Control Plan (QCP) that demonstrates how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

· How quality will be monitored to assure performance standards are met.

· How the work will be supervised.

· Identify the personnel responsible for performing quality control.

· Identify designated representative on site at all time during performance.

Failure of the Contractor to maintain satisfactory inspection results will be grounds for deduction in payment or termination for cause.

II-15 - Contractor Quality Control Inspection The Contractor shall assure performance meets contract specifications, in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, or segment of road not less than 5 miles in length, the Contractor shall shall notify the COR in writing to set a mutually agreed upon date for inspection of completed work. The Contractor’s Quality Control inspections will be the basis for computing payment unless the Government verification results indicate the work is unacceptable.

II-16 - Government Quality Assurance Inspection The Government will, at its convenience, make periodic inspections of the work to assure contract compliance and will perform Quality Assurance Inspections to determine the Contractor is performing quality control in accordance with his Quality Control Plan.

II-17 - Acceptance Acceptance of the work under the contract will be made after the COR has made the determination of satisfactory compliance with the specifications. For acceptance purposes, complete segments or an entire road if shorter in length, shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

II-18 - Rework and Reinspection After Rework When inspection indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection.

II-19 - Reinspection If the Government is required to reinspect the Contractor’s work, the actual cost of inspector time and vehicle costs shall be deducted from the Contractor’s payment.

CONTRACT ADMINISTRATION DATA

II-20 - Method of Measurement Roadside brushcutting will be measured in miles and nearest tenths of miles along the road centerline of the roadway, and shall include only those sections of the roads which are included in the contract and completed in accordance with the specifications. Measurement will be by a Forest Service vehicle. The measuring device (DMI) will be checked for accuracy and calibrated as necessary. Parking areas, turnouts, and approach road connections are considered as adjuncts to the main roads and shall not be measured separately. Mileage includes brushcutting both sides of the road.

II-21 - Payment

Payment will be made for completed and accepted mileage to the nearest tenth of a mile as stated above, at the contract unit price per mile.

The contractor is responsible to provide a signed and properly executed invoice to the Government for each portion of accepted work for which payment is requested. Failure to provide all necessary information may result in the return of the invoice for correction and subsequent delay of payment.

SECTION III - CONTRACT CLAUSES

III- 1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAR 2009)

(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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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 at fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 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 CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(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…