Solicitation.doc

AG-82X9-S-11-0037

Mystic 11 Old Dog TSI/POL Black Hills National Forest

SCHEDULE OF ITEMS

Price Total

Price

BASE ITEMS

Slate-2 POL 45 Ac.

Norris POL 226 Ac.

Placer TSI 114 Ac.

Shanks-2 POL 22Ac.

Mitchell POL 439 Ac.

Deer Park Fuel Break 20 Ac.

Hardesty POL 135 Ac.

Baldy POL Fuel Treatment 150 Ac.

Storm Hill TSI 119 Ac.

Hoodoo POL 210 Ac.

Tiger TSI 119 Ac.

Newton-2 POL 36Ac.

TSI 81 Ac.

POL Thinning With the Removal of Product to the landing required.

Hughes POL Unit #1

OPTION ITEM 2

Gooseberry POL Unit #3

OPTION ITEM 3

Raccoon POL Units #1 and #2

TOTAL OF BASE AND ALL OPTION ITEMS $_______________

** The award of any or all of the Option Items is solely based on the availability of additional funding. The Government has the right to award any and all of the optional items at the contract rate. Specified time as identified in the schedule of items will be granted when awarding Option Items.

Pricing schedule notes:

a. Unit prices prevail.

b. Delivery and acceptance shall run consecutively for all items if one contractor is awarded all.

c. Contractors shall provide pricing on all items.

DUNNS #

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

PART 1 - GENERAL

Background - The purpose of this contract is to secure a complete set of services to accomplish stand treatments for a variety of forest health and fuels issues. The work units are spread across the district. (See attached maps) The contractor shall cut, and in some units remove Products other than Logs (POL) A contractor’s proposal shall address whether a portion of a unit is inoperable with equipment, and address what percentage of the unit would require lop & scatter of slash as opposed to initially Removal to Landing if required. See Section J, Exhibit A for Limited Operating Period’s (LOP) and Operating Restrictions for performing work.

The project contains 4 Base Bid items in 20 work units totaling 1,716 acres, and 3 Optional items containing 4 work units totaling an additional 806 acres. The locations of the work units are shown on the Vicinity Map attached in Section J as Exhibit B. Locations of the work units on the maps are approximate, and locations of the work units on the ground take precedence over the locations of the work units on the Project Maps.

The contractor shall, considering given resource objectives for the work unit, develop a plan of operations to accomplish these objectives, and organize and direct all of the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, permits, licenses and incidentals necessary to complete the work required.

Additional Information - See Section J for a list of attachments to this solicitation and any resultant contract. See Exhibit A, Section J for the following additional information: Location, Description, Detailed Unit, Boundaries, Access, Limited Operating Periods & Operating Restrictions, Designation of Timber – Designation by Description Guidelines, Design, Road Maintenance, Cooperative Road Use, Erosion Control, Site Clean-up, Resource Protection Standards, Cleaning of Equipment, Safety, Landing and Skid-trails, Referenced Documents.

Part 2 Definitions

Additional Timber - Any saw log sized tree that is designated and agreed to by the Contracting Officer after contract award.

AQL (Acceptable Quality Level) – The maximum percent defective, or the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. Considered the allowable leeway or variance from a standard before the Government will reject the specific service.

Bearing Tree – A tree used to locate survey marker(s) or monument(s) and are protected from damage or cutting.

Best Management Practice (BMP) – A generic term which describes alternative structural or nonstructural practices in accordance with the published South Dakota’s Best Management Practices for the manual erosion control and management of surface runoff. These practices are combined with the Forest Service’s Region 2 Watershed Conservation Practices, and 1997 Black Hills National Forest Plan with amendments. Together, they collectively describe standards and guidelines for effective methods to reduce, control and limit non-point source pollution. These practices may be reviewed by visiting the Internet at this site:

http://www.state.sd.us/doa/forestry/publications/bmp.pdf Best Value – The expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Biomass - Any portion of any tree, designated for cutting, which does not meet the utilization standards for Products other than Logs (POL) set forth in the contract. The anticipated product of this material is wood chip for fuel or mulch. This material includes non-saw log quality products. Biomass is sometimes referred to as Miscellaneous Convertible Products (MCP).

Boundaries - The exterior limits of all work units are marked with two horizontal strips of orange paint facing the area to be worked.

CCF – The unit of measure that representing 100 cubic feet, at which Products other than logs (POL) and biomass are sold by the issuance of a FS-2400-2 form.

Cut-tree - A tree that is designated by the contractor for felling using Forest Service Designation of Timber – Designation by Description Guidelines shown in Section J, Exhibit A. Cut trees are not marked by the Forest Service.

Damaged Trees - Any tree with one or more of the following injuries:

1. Any tree greater than 1” D.B.H. that has any bark cut or removed to the cambium at or over 50% of the circumference of the bole.

2. Any tree that has had 50% or more of the live limbs or branches broken or removed by any operation.

3. Leans more than 10 degrees due to contractor’s equipment or skidded material striking the tree.

4. Has the top knocked out.

D.B.H. – Diameter Breast Height. The diameter of a tree as measured at a point 4 1/2 feet above ground level on the uphill side of a tree.

Decked Material – All material due to size, which is required to be skidded to a landing. Material will be decked so that all trees lay in one direction, and the minimum height of the deck is 1 ½ times the size of the pile top.

Deferred Area – Non-treatment areas within or adjacent to the work unit boundaries. The deferred areas are designated with yellow and white striped flagging and yellow or orange vertical paint on the boundary. All trees within the deferred areas have no paint markings, and no trees may be cut within the deferred areas.

Down Log - Woody material exceeding 10 inches in diameter lying on the forest floor.

DSH – Diameter at Stump Height; the diameter measured at a point at ground level on the uphill side of the tree or stump (for mechanical thinning).

GHOST TREES – Trees 12” DBH or greater that are not used to determine correct spacing.

Improvement – All roads, trails, ditches, land survey corners, telephone lines, power lines, water lines, fences, buildings and structures, recreational development sites, research plots, septic systems, water guzzlers and similar items which the contractor must protect during operations.

Ladder Fuel – Any tree or portion thereof alive or dead that provides a route or path for fire to move from the ground into the crown or crowns of the residual stand.

Landing - Area used to stage un-merchantable biomass and merchantable POL/Biomass. May be used to load haul trucks with forest products for removal from the National Forest. Serves as a pre-approved location for machine or hand piling of landing slash. All landings shall be approved in advance of cutting and harvesting operations in a unit.

Leave Tree - Conifers planned to become part of the forest canopy in the long term. A leave tree is determined by both spacing and vigor of existing conifers. Any tree within the designated work unit that is not marked for removal is a leave tree. All leave trees shall be protected from damage during the Contractors operations.

Limited Operating Period (LOP) – The period of time in which no logging or noise generating activities may occur.

Miscellaneous Convertible Products (MCP) – Same as Biomass; see term defined above.

Non-Treatment Area - An area within the work unit where no cutting of trees or other activity may take place, unless designated to be done by the COR. Non-Treatment areas include deferred areas, streamside management zones (SMZ), meadows, areas outside the unit boundary not designated for trespass, for example.

Performance Based Contract – Structuring all aspects of an acquisition around the purpose of the work to be done with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise statements of work.

Performance Requirements Summary (PRS) – The PRS shows the contract requirements, the component requirements related to each contract requirement, may show the price of each work requirement as a percentage of the associated contract requirement (fixed price contract), the standard of performance, and the acceptable quality level (AQL).

Performance Standard – An acknowledged measure of comparison.

Product other than Logs (POL) – Segment of any Ponderosa Pine or White Spruce tree designated for cutting that ranges from 4 inches to 8.9 inches DBH. As well as any Ponderosa Pine or White Spruce that fails to meet wood utilization standards as being 1/3 sound material regardless of diameter or any tree meeting the definition of “Red Needle Bug Tree” without regard to diameter. The anticipated product of POL material is lumber, post and poles, clean and dirty chips.

Pruning – The removal of limbs via manual or mechanical means to a height of 8’ but not more than ½ the total height of the tree on all leave trees greater than 2”DBH.

Quality Assurance Surveillance Plan (QASP) – An organized written document used by Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirement summary (PRS).

Quality Assurance (QA) - Actions taken by the Government to inspect or check goods and services to determine that they meet or do not meet the contract requirements.

Quality Control Program (QC) – Contractor’s system to control the equipment, systems, or services so that they meet the contract requirements.

Red Needle Bug Trees – Any Dead tree exhibiting entirely red needles as a result of a mountain pine beetle infestation.

Removal to Landing – Movement of biomass and POL to an approved landing.

Snag – A standing dead tree, in any phase of decomposition that is at least 10” D.B.H. or greater and at least 10’ tall. The desired height of a snag is 25’ or greater; where none exist in this height then retain the tallest size available at least 10’ or greater. In Ponderosa Pine stands, retain an average of 4 snags per acre on North and East slopes, and keep 2 snags per acre on South and West slopes. In the absence of a snag, a tree with clear indications of some sort of declining condition (generally in the top 1/3), which will ultimately result in the creation of a snag, is applicable. This contract does not deal with snags except where decisions are made for cut or retain with regards to landings and skid trails.

Shear - To cut, fell, sever a tree bole from its base.

Skid Trail - A travel way for skidding equipment used to move products to the landings.

Slash – All contractor-created woody debris within the work unit is slash. This also includes pre-existing woody debris less than 9.0” D.B.H.

Water bar - An earthen barrier constructed to divert water runoff and prevent soil erosion.

Work Units – These are the areas delineated on the National Forest by two horizontal orange paint strips spray painted on the bark of a tree, and these strips face into the unit. Cutting and harvesting activities are to occur within the perimeter of this boundary.

Wildlife Tree – A live green tree with evidence of wildlife cavity use, nesting, or raptor activity. These trees may be marked with a brown metal tag with” Wildlife Tree” displayed, or can be shown with “WL” painted in blue color on the bark. These trees are protected from cutting or harvest.

PART 3 – GOVERNMENT FURNISHED PROPERTY

PART 4 – CONTRACTOR FURNISHED UNIQUE PROPERTY, REPORTS, DATA

In addition to the general services to be supplied by the Contractor listed in Part 1 of this contract, the Contractor shall be required to provide the following items as part of this contract: (1) documentation specified in Section J., Exhibit I

PART 5 – TASKS AND CRITICAL SUBTASKS

This part of the contract identifies the critical tasks and subtasks required in the contract. It also specifies the quality standard of each task and related subtask, as well as the acceptable quality level for each task and related subtask, the means of measuring the level of quality and any penalties or incentives associated with the level of quality.

Quality Work Standards for Thinning And Related Subtasks

Thinning with Lop and Scatter - Within all work units specifying this treatment the Contractor shall cut all trees designated for cutting that are from 3 to 6.0 inches DBH as well as all trees from two feet in height up to 2.9” DBH shall be cut unless they qualify as leave trees. The resulting activity slash shall be lopped and scattered to a depth of not more than 12“

POL Thinning & removal - Within all work units specifying this treatment the Contractor shall cut all trees designated for cutting that are from 4 to 8.9 inches DBH. All trees which range from two feet in height up to 3.9” DBH shall be cut unless they qualify as leave trees per Section J, Exhibit A, Designation of Timber – Designation by Description - desired leave tree specifications. These specifications are applied to all trees in the work units to establish cut and leave trees. All Trees 4”DBH –9” DBH shall be removed from the stand to a landing designated by the COR. The work will be performed in a manner that will not damage the residual leave trees The Forest Service, prior to any felling and skidding, will approve skid trails and landings. The Contractor shall not leave any cut material on the ground for more than 6 weeks, unless otherwise agreed to by the Forest Service. See Section J, Exhibit A, for Designation of Timber – Designation by Description for desired leave tree specifications.

Stump Height – Trees shall be cut below the bottom of the lowest green branches. Within all work units the cut trees shall be cut so the stump height will not exceed 6 inches measured from the ground on the uphill side or 4 inches above natural obstacles (boulders, down logs, etc.) unless otherwise agreed in writing. High stumps resulting from the contractors operations shall be trimmed by hand and the trimmed stump removed from the work unit. Stump shall be cut to an angle that is less than 30 degrees from horizontal.

Ladder Fuel – In all work units the contractor shall fell all ladder fuels and treat slash to comply with specifications for activity slash in the unit.

Lopping – In all work units that do not specify all biomass and all POL removal the Contractor shall fell all trees from two feet in height to 3.9 inches D.B.H. that did not qualify as leave trees. This material and pre-existing slash is to be treated either by hand or mechanically so that the slash height shall not exceed 12 inches above the ground surface. Boles of this material shall be bucked up into lengths 6’ or less. It is preferred that lopped slash not touch the base of the leave tree. Slash which cannot be moved from inoperable areas shall also be treated to 12”.

Pruning – In units where pruning is specified all leave trees greater than 2” DBH shall be pruned to the specified height. Pruning shall be accomplished in such a manner as not to damage the bole of the tree. The resulting activity fuel will be treated in the manner as prescribed for the unit.

Snags, Bearing Trees, and Wildlife Trees – All snags and wildlife trees are to remain unless they are a safety hazard to crews working. Should such trees obstruct landings, haul roads or skid trails, they shall not be cut unless permission from the C.O.R. is given. Requests to cut Bearing Trees will be reviewed by C.O.R. with the Forest Surveyor for possible mitigation action and costs of re-establishing said bearing object.

Machine Pile Landing Slash – All cut material and slash generated from landing operations shall be either removed or machine piled for burning. The Contractor shall utilize a brush rake with teeth, which extend at least 10” below the cutting edge to pile landing slash. Piles shall be neat, compact and reasonably dirt free to facilitate burning by the Forest Service. Landing piles shall have a fire line constructed around the pile down to mineral soil at least 6’ wide. All burn piles shall be located so that burning will not damage standing trees, snags, or improvements.

Erosion Control – Erosion control measures shall comply with BMPs and other pertinent sections of this contract. Water bars will be installed on all skid trails, landings and temporary roads as needed.

Soil Compaction – To reduce the risk of soil compaction due to mechanical activity associated with the cutting and removal as well as possible mechanical slash reduction activities, units will only be mechanically cut and material removed when soil surface is dry, snow cover exists, or frozen ground conditions are present. Hand felling is permissible during wet periods.

Period of Performance – All work will be completed within the timeframe indicated in Section F.1 Period of Performance.

Acceptable Quality Level for Thinning And Related Subtasks – 95% of all stems two feet tall or larger which are designated for cutting are cut and removed. No leave trees are cut or removed. No more than 5% (cumulative) of the residual leave trees are damaged by the contractors operations. 95% of cut stumps are within the specified stump height. 95% of all trees designated for lopping are cut and bucked or mechanically treated to contract specifications. If Removal to Landing is the final destination, 95% of all material is moved to the landings. All work is completed within the specified contract time.

Means of Quality Measurement – Visually review contractor’s work, and perform random sampling if necessary. Contractor generated inspection records may be reviewed by the Government for results

Penalties and Incentives – As per table below.

Penalties for Un-Acceptable Work By The Contractor – (1) Contractor shall rework at no cost to the Government all work performed which does not meet the minimum acceptable quality level. (2) Contractor shall bear the cost of extra inspections (at rate of $30/hour per inspector & .25/mile) by the Government if the Government has to perform extra monitoring of the Contractors work. (3) Government may accept the Contractors work, but at a reduced payment rate. (4) The Government may secure the services of another contractor to bring the Contractor’s work up to the acceptable quality level prior to final payment, with the Contractor paying for the rework by second contractor. (5) The Contractor shall pay for excessive damage to leave trees within the work units.

Incentives for Acceptable Work By The Contractor – The Contractor shall receive a good performance rating and receive recommendations for awards of similar work in the future.

PART 6 – PUBLICATIONS, REFERENCED

Forestry Best Management Practices for South Dakota Latest Edition

PART 7 – PERFORMANCE REQUIREMENTS SUMMARY (PRS)

MONITORING METHOD

PENALTIES AND INCENTIVES

Only payment at the full contract price will be made. When the quality of the Contractor’s work falls below AQL tolerances, the Contractor will be required to rework the unsatisfactory areas of the unit to bring the quality of the work up to the AQL. When areas of unsatisfactory performance are reworked, the Government will re-inspect the areas.

This is a performance-based contract. If the contractor does not perform satisfactory work quality that meets the specifications for payment at full contract price, Forest Service reserves the right to withhold payment until work is brought up to standard; or make partial payment based upon the work delivered.

Stump Height

Designation by Description Guidelines

Stated in Section J., Exhibit A.

As stated above.

5.4

Documentation

(From Contractor)

This is a performance-based contract. If the contractor does not perform satisfactory work quality that meets the specifications for payment at full contract price, Forest Service reserves the right to withhold payment until work is brought up to standard; or make partial payment based upon the work delivered.

Suppression Plan

(optional submission)

5.4.3.

Fire Precautionary

Plan

5.4.4.

Safety Plan, written (optional submission)

5.4.5.

Quality Control Program Plan & Schedule

ACCEPTANCE

Acceptance of Products other than Logs (POL) and Biomass Tree Thinning:

Tree Thinning of material from 4 to 8.9 inches DBH will be accepted when a visual inspection or inspection plots determine that the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. Trees which range from two feet in height up to 3.9” D.B.H. shall be cut unless they qualify as leave trees per Section J, Exhibit A, Designation of Timber – Designation by Description – desired leave tree specifications. These specifications are applied to all trees in the work units to establish cut and leave trees. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the Task and Related Subtask are unacceptable, and may not be accepted.

Acceptance of Lopping of Material from two feet tall to 3.9 inches DBH:

Cutting and lopping of this non POL and Biomass material will be accepted when a visual inspection or inspection plots determine that the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the Task and Related Subtask are unacceptable, and may not be accepted.

Acceptance of Fuel Break Construction:

Fuel Break Construction will be accepted when a visual inspection or inspection plots determine that the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the Task and Related Subtask are unacceptable, and may not be accepted.

Acceptance of Erosion Control:

Erosion control will be accepted when it is determined by the walk-through inspection that 95 percent or more of the work in the unit is acceptable, complying with all pertinent sections of the contract. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units with inspection results less than 95 percent will not be accepted and must be re-worked.

G.1 MEASUREMENT

G.1.1. Methods of Measurement Acreage was measured on a horizontal plane using a Global Positioning System.

G.1.2 Re-measurement Unless otherwise indicated by this contract, the contractor may request measurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G.2 PAYMENT

G.2.1 Payments and Deductions Payment will be made at the full contract unit price for each Task and Related Subtasks where the Contractors work complies with the Acceptable Quality Level for the Task and Related Subtask. See Acceptable Work Quality Level for Thinning And Related Subtasks.

Work by the Contractor which does not meet the Acceptable Quality Level for the task and related subtask is unacceptable and may not be paid for, depending upon damages suffered. If the Contractor does not perform rework to bring their work up the acceptable quality level, at a minimum, the Government will do the following: (1) Determined what it would cost to secure services to bring the Contractors work up to the described “Acceptable Work Quality Level for Thinning and Related Subtasks”, and the cost of performing this work will be deducted from the contract price; (2) make deductions from the contract price for unacceptable damage; (3) damages for work that cannot be redone will be determined by the Contracting Officer and the amount of these damages will be deducted from any payment to the Contractor.

If the Government determines that the Contractor is doing an inadequate inspection of their contracted services, and the Government is forced to spend more than a reasonable amount of time inspecting the Contractors work, the Contractor shall pay for the Governments increased inspection time. Contractor shall bear the cost of extra inspections (at rate of $30/hour per inspector & .25/mile) by the Government if the Government has to perform extra monitoring of the Contractors work.

G.2.2 Damage:

Damage to trees in excess of 5% of the number of leave trees will be considered excessive, and the Contractor will be charged $10.00 per damaged leave tree beyond 5%. As determined by expansion of plot data or individual tree count, which ever method the Forest Service determines to use.

G.3 ADDITIONAL TIMBER PAY RATE

ADDITIONAL PAYMENT FOR GREEN TREES CUT SUBJECT TO AGREEMENT

(a) Additional trees that may need to be removed for landing or skid trail construction or timber that may be accidentally damaged during the operation will be paid for at the following rates:

9.0 inch D.B.H. and greater – Pricing will be determined from the R2 Timber Sale Appraisal Bulletin (R2, Zone 2, Black Hills Zone, BU 221110 dated (November 29, 2010) and the current adjusted base period price is $43.74/ccf for Ponderosa Pine.

G.4 CUTTING UNDESIGNATED TREES

The Contractor shall pay for cut or damaged merchantable timber (9.0 D.B.H. or greater) meeting Utilization Standards as follows: (a) double the Payment Rate in Clause G.3, Additional Timber Pay Rate (paragraph 2), for undesignated trees unnecessarily cut or unnecessarily damaged. In view of the difficulty in determining the actual damage to the United States, the amounts specified above shall be considered liquidated damages; provided, that, if such damage involves small amounts of material, and in the judgment of the Contracting Officer or designee, is justified by existing conditions, the payments may not be required.

The Contracting Officer or designee shall determine rates per unit of measure for standing POL or other forest products (MCP) if they are not Included Timber using the standard Forest Service appraisal methods and appraisal data in use at time of the damage calculation. In addition to liquidated damages, if designated for removal by the Contracting Officer or designee, the Contractor shall make payments at the rate determined above. The right, title, and interest to any product for which payment of liquidated damages has been made or which has been regularly paid for, cut, but not removed, shall remain in or revert to the United States if not removed from the project area at the expiration or termination of this contract.

SPECIAL CONTRACT REQUIREMENTS

WORK PROGRESS SCHEDULE

The Contractor shall be required to present at the prework conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it. If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

CAMPING

Camping is not permitted in U.S. Forest Service campgrounds. The Contractor may be permitted to camp elsewhere on U.S. Forest Service Land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with permit issued by the District Ranger.

NOTIFICATION OF ABSENCE

The Contractor shall notify the COR when intending to leave the project area for 5 or more consecutive calendar days and also when planning to return to the project area. Failure to give notice as required herein may be considered as abandonment and could place the Contractor in danger of default termination.

LANGUAGE REQUIREMENT

The Contractor’s on-site Representative MUST be fully conversant in the English Language.

EROSION CONTROL

When determined by Forest Service, Contractor shall (1) avoid operating equipment when soil conditions are such that excessive damage will result; (2) construct erosion control structures as needed to control erosion; (3) repair promptly any existing erosion control structures damaged by Contractor’s operations; (4) complete seasonal erosion control work prior to suspending operations; and (5) perform other soil erosion control work as may be required under this contract.

Prior to suspension of operations or seasonal periods of precipitation or runoff; Contractor shall smooth landings, remove ruts from roads and construct cross ditches, water bars, water-spreading ditches on landings and roads where staked or otherwise marked on the ground by Forest Service. If Contractor fails to do seasonal erosion work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service. Any money deposited or used for this purpose shall be on the basis of cooperation or assistance (16 U.S.C. 572).

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

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JUN 2010)

(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; 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”…