RFPPARTSDTHRUJ.pdf

SECTIONS D THROUGH H

TERMS AND CONDITIONS

INSPECTION AND ACCEPTANCE

SPECIAL CONDITIONS

52.212-4 Contract Terms and Conditions—Commercial Items. (Feb 2007)

(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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1964+0++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w%2F10%20%283727%29%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+229+1++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w%2F10%20%28601%29%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/52_233_240.html#wp1113304 http://www.arnet.gov/far/current/html/52_200_206.html#wp1137572 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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(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.

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(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” 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 CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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 CCR 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 CCR database. Information provided to the Contractor’s CCR 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

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ADDENDA TO CLAUSE/SECTION 52.212-4 CONTRACT TERMS AND

CONDITIONS:

AGAR AGAR-452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNT (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000.00 for the base year and each option year exercised by the Government, but not in excess of $200,000.00 in the base year or any option year exercised by the Government. In addition the Government will not place orders in excess of $1,000,000.00 cumulative total over the entire period of the contract, including any option years.

AUTHORIZED ORDERING ACTIVITIES: IN ADDITION TO THE CONTRACTING OFFICER FOR THE PARENT CONTRACT, THE AUTHORIZED OFFICIALS SHOWN BELOW MAY ISSUE TASK ORDERS UNDER THIS CONTRACT: ANY CONTRACT SPECIALIST ASSIGNED TO THE USDA FOREST SERVICE, SOUTHWEST IDAHO/NEVADA ACQUISITION ZONE, WITHIN THE LIMITS OF THEIR AUTHORITY.

SECTION E - INSPECTION AND ACCEPTANCE

E.1. N/A

E. 2. CONTRACTOR QUALITY CONTROL

E.2.1. Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal.

The Contractor shall supplement the QCP within 10 days after contract award based on items awarded to the Contractor and Government comments.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while planting is in progress, tree care, and other associated tasks, and an unbiased sample of planting, and artificial shade and ADC installation for determining actual quality percentage.

E.2.2. Plot Inspections - Tree Planting. The Contractor shall maintain a plot system that provides an unbiased sample of planting quality, and which represents the entire area planted. The plot system shall be consistent with the Planting Inspection method, specified in FSH 2409.17, 2.82 part 2, (provided in Section J). The Contractor shall sample at least 1-percent of the planted area, with a minimum of 5 plots per unit. A 1/50 acre plot size shall be used during inspection

The Government will observe or re-examine the Contractor’s plots at any time.

E.2.2.1. The Contractor shall mark and identify each inspection plot on the ground.

E.2.2.2. The Contractor shall provide written inspection data by unit using the Planting Inspection Sheet and shall provide a sketch map of the unit with plot locations. The Contractor shall provide the planting inspection sheets and maps to the Government by 8 am the day after inspection and the person who conducted the inspection shall sign and date each sheet and certify that the inspection records are complete and accurate.

E.2.2.3. The following calculation shall be used to determine planting quality percent (reference columns of Planting Inspection Sheet):

All computations will be carried out to at least thousandths (.000) and the final percentage of planting quality as calculated above will be rounded to the nearest whole percent.

No. of Satisfactory Trees Above Ground No. of Satisfactory Trees Below Ground (Column 9)

E.2.2.4. A tally of trees that are in excess to the maximum allowable trees to be planted shall be included in the plot inspection and noted in Column 8 of the Inspection Sheet. These trees are considered wasted trees. To ensure that

X (Column 11) X 100 = Quality % Actual No. Of Plantable Spots on which No. of Trees Dug Trees should have been Planted (Col. 5) (Column 10) trees are distributed throughout the unit fairly consistently, wasted trees shall be tallied by plot. The Government will use the sum of wasted trees on all plots to determine the liquidated damages assessment, Section G.

E.2.3. Inspections- Artificial Shade and/or Animal Damage Control. Not Applicable.

E.2.3.1. Not Applicable.

E.2.3.2. Not Applicable.

E.2.3.3. Not Applicable.

E.2.3.4. Not Applicable.

E.2.4. Acceptance. The Contractor’s Quality Control inspections for planting and artificial shade shall be within 5 percent of the Government quality assurance to be considered acceptable.

E.2.4.1. The Contractors quality control will be deemed unacceptable when the Contractor fails to provide planting quality and artificial shade within 5 percent of the Government’s quality assurance results at the completion of a unit.

When the Contractor’s quality control is unacceptable, payment for the unit will be based on results of the Government’s quality assurance (G.3.1.).

If the Government’s results are objectionable to the Contractor, the Contractor may request a re-examination in writing within 5 calendar days after receipt of the Government’s quality assurance inspection results. The request shall include documentation that supports that the probability of an error exists. The Government’s re-examintion will consist of a 2-percent sample utilizing the same inspection method as the original examination, but new plots will be selected with different plot centers than the plots previously inspected by the Government. If the results of the re-examination are within 5-percent of the Contractor’s submitted quality control results, the Contractor’s results will be considered acceptable and used for pay. If results of the re-examinatoin exceed 5-percent of the Contractor’s submitted quality control results, the Government’s re-examination results will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

Thinning

A. The Contractor shall inspect his own work using the inspection procedures and pay percent formula presently contained herein. The Contractor's inspection results shall be turned into the Government within two days after completion of each work unit. If the Government determines a sub-item to be acceptable by way of a visual Government inspection, no formal inspection will be required by either the Contractor or the Government.

B. The Contractor shall install self-inspection plots on each work unit in accordance with the following:

40 acres or less = 1 plot per 2 acres

41 acres but less than 100 acre = 1 plot per 3 acres

INSPECTION PROCEDURES

A. Thinning units shall be inspected as follows:

1. Each unit, as designated on the attached maps and described on the Data Sheets, shall be inspected as a separate unit and shall not be averaged with any other unit for acceptance or payment.

2. Inspection shall be girded on a transect basis

3. Contractor's inspection results shall be final except as otherwise stated herein.

B. Each tree selected for inspection will be marked with flagging and numbered by the COR or inspector to agree with plot card.

C. Deductions - The following deductions will be made on inspected trees within the units:

Excess tree = 1/2 deduction

Excess tree less than 2 feet tall = 1/4 deduction

Wide Spacing = 1/2 deduction

Tree Selection = 1/2 deduction

Cut Leave Tree = 1/2 deduction

Stump Height = 1/4 deduction for each error

Stump Cut = 1/4 deduction for each error

Hang-up = 1/4 deduction for each error

Bucking of Slash = 1/4 deduction for each error

D. The distance from the leave trees being inspected that will be considered in determining acceptability of the inspection trees are as follows:

(1) Excess Trees - Any conifer located closer than the minimum spacing limit from the inspection tree will be recorded as one-half deduction. Excess trees smaller than two feet and greater than one foot will be recorded as one-fourth unsatisfactory.

(2) Wide spacing - Wide spacing will be determined by measuring the distance from the inspection tree to another leave tree in excess of the maximum spacing permitted while measuring spacing to adjacent leave trees and be recorded as one tree deduction.

(3) Deficient tree - A tree will be determined to be deficient when a cut tree would have been more suitable as a leave tree while maintaining spacing requirements. This will be recorded as a one and one half tree deduction.

(4) Stumps - The distance for consideration of the various stump specifications in relation to the leave tree will be one-half the required spacing distance from the leave tree. Failure to comply with any of the specifications herein stated will result in the inspected tree being recorded as one-fourth unsatisfactory.

(5) Hang-ups - any part of any slash suspended more than 4 feet off the ground will be recorded as one-fourth unsatisfactory.

(6) Cutting of Leave Trees - Any healthy conifer tree larger than DBH stated on Detailed Unit Information Sheet that is cut within maximum spacing from the inspection tree will be recorded as one and one half tree deduction.

(7) Bucking of Slash - Any part of any slash 6 inch diameter or less that is greater than 8 feet in length will be recorded as one-fourth unsatisfactory if bucking is required on the data sheet. The distance for consideration will be one-half the required spacing distance from the leave tree.

E. Upon inspection of all plots for a unit, the quality of thinning shall be calculated as follows:

(A maximum of 1 tree per plot will be deducted)

Number of Trees Meeting Specifications X 100 Number of Trees Inspected = Work Quality Percent

GOVERNMENT VERIFICATION PROCEDURES

A. The Government will verify the Contractor's work with an identical inspection program equal to a least 1/5 the number of plots inspected by the Contractor.

B. If the Government's pay percent computation is within 5 percent of the Contractor's pay computation using the same formula, the Government will accept the Contractor's data for pay purposes.

C. If the difference is greater than 5 percent, the Government will use its inspection for pay purposes.

CONTRACTOR'S RIGHT TO CHALLENGE GOVERNMENT VERIFICATION

A. The Contractor may challenge the Government verification results in writing to the Contracting Officer. This written challenge must be received by the Government prior to payment having been made for the work area in question.

B. If the Contractor challenges the Government verification results, the Government will inspect the entire area challenged in accordance with the Inspection Procedures contained herein.

C. If the result of the Government’s full inspection procedures are within plus or minus 5 percent of the Contractor's original inspection results, the Contractor's results will be used for pay purposes. The Contractor will not be liable for the inspection conducted by the Government.

D. If the results of the Government's full inspection procedures differ more than 5 percent either higher or lower, the Government's inspection results will be used for pay purposes. The Contractor shall be liable for the inspection conducted by the Government.

E. Standard rounding rules will be used in determining percentage discussed in this section.

REWORK AND RE-INSPECTION AFTER REWORK

When final inspection results are below 85 percent and excess trees constitute any part of the deficiency, payment will not be made until the excess tree deficiency has been corrected. Re-inspection after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall be liable for inspections resulting from rework requirements.

UNSATISFACTORY THINNING

If the percentage of satisfactory thinning falls below 85 percent, the Contracting Officer will immediately notify the Contractor in writing and order him to improve the quality of his thinning. If the quality of future thinning is not raised above the 85 percent minimum acceptable standard within two consecutive workdays after receipt of notice in writing of unsatisfactory thinning, the Contractor's right to proceed may be terminated and the contract considered in default.

Repeated failure to perform work at or above the 85 percent acceptable thinning will also be considered reason for contract termination default action.

GOVERNMENT INSPECTION OF SLASH TREATMENT

Inspection of work areas will be accomplished by 100 percent visual inspection of each unit and will be based on adherence to the specifications. In the event visual inspection indicates unsatisfactory treatment is being accomplished, rework shall be required.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

1. KEY PERSONNEL

H.1.1 The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

• CONTRACTOR REPRESENTATIVE

• FOREMAN/WOMAN

• INSPECTOR

H.1.2 The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3 The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer.

H.1.4 The contract will be modified to reflect any approved changes of key personnel.

SECTION F - DELIVERIES OR PERFORMANCE

2. F. 2. DELIVERIES

F.2.1. Contract Performance Time and Required Rate of Progress

Tree survival and growth is dependent upon proper soil and weather conditions at the time of planting and these conditions only prevail for a limited length of time. It is therefore imperative that work be started promptly after conditions for planting become suitable. The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total unit of work for each Item by performance time specified. In the event the Contractor is delayed and falls more than 2 calendar days behind the progress rate required above, the Contractor’s right to proceed is subject to immediate termination for default. See FAR 52.249.10, Default, Section I, for additional information.

F.2.2. Contract Time. (See Period of Performance definition.) The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. If more than one area is available for planting, the Government may prescribe the planting sequence.

The Forest Service will issue a Notice to Proceed as soon as weather and ground conditions are favorable for planting and survival of the trees on one or more of the areas. Contract time will start whichever is sooner: (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when planting commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

F.2.3. Unsuitable conditions. Whenever it is determined that environmental or physical conditions become unsuitable for tree survival, or when extreme weather conditions create the potential for blowdown, the Contractor shall move to another area identified by the Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer. When there is no acceptable mitigating practice and no other area is available, the Contracting Officer shall suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue an oral Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor fails to keep in contact with the COR consistent with Section C.4.10, a written Resume Work Order will be mailed and the count of days of contract time will resume on the date specified in that order.

F.2.4. Work completed after the performance period. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

F. 3. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984). At all times during 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 worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

SECTION G - CONTRACT ADMINISTRATION DATA

3. G. 1. ORDERING PROCEDURE Not Applicable.

4. G. 2. MEASUREMENT

G.2.1. The area to be planted and artificially shaded is provided in the Schedule of Items, Section B. All linear and area measurements under this contract are measured on a horizontal plane. Boundaries are marked by blue and white striped flagging.

G.2.1.1. Acre unit of measure. When the quantity of measure is acres, the Contractor will be paid based on the acres indicated on the Schedule of Items.

G.2.1.2. Not Applicable.

G.2.1.3. Not Applicable.

G.2.2. Re-measurement. The Contractor may at any time after award request re-measurement of any unit/subitem. The request must be in writing within 10 calendar days after completion of a unit or pay item. The Government’s re-measurement of the unit/subitem will be made within the established boundaries.

G.2.2.1. Payment will be based on the re-measurement of the acreage except when:

a. Per Acre unit of measure: No payment adjustment shall be made for areas less than 1 acre.

G.2.2.2. The Contractor shall pay for the cost of re-measurement if the re-measurement results in:

a. Per Acre unit of Measure: An increase of less than 1 acre on units smaller or equal to 20 acres or an increase of less than 5 percent on units larger than 20 acres.

5. G. 3. METHOD OF CALCULATING PAYMENT

6.

G.3.1. The Contractor’s Quality Control.

For each completed unit, the Contractors quality control inspection percentage for tree planting will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment as per E.2.4.

G.3.2. Tree Planting- payment calculation Payment less damages will be based on the following methods.

G.3.2.1. Planting quality meets or exceeds 93 percent. Whenever the quality of planting exceeds 93 percent, based on the Contractor’s quality control inspection (plots) and verified by the Government assessment, the quality of planting will be acceptable and payment will be made at the full unit price for tree planting.

Payment Example: With a unit price of $100 and a unit size of 60 acres, the bid price would be $6,000. If the Contractor’s planting quality were 95 percent, payment would be $6,000.

G.3.2.2. Planting Quality less than 93 percent and at least 80 percent or over. Whenever the quality of planting is below 93 percent but is 80 percent or over, based on the Contractor’s quality control inspection (plots) and verified by the Government monitoring/assessment, the quality of planting will be considered unacceptable and payment will be made for the value of the services provided. This means that payment will be made after a 1-percent deduction in the unit price for each 1-percent the planting quality is below 100 percent. This payment will only be made after the Government determines that no further work shall be required, nor allowed.

Payment Example: With a unit price of $100 per acre and a unit size of 60 acres, the bid price would be $6,000.

If the planting quality were 85 percent, payment would be $100 x 85% x 60 acres = $5,100.00.

G.3.2.3. Planting Quality below 80 percent: Whenever the quality of planting is below 80 percent, based on the Contractor’s quality control inspection (plots), the quality of planting will be considered unacceptable. Payment for work performed will be made only after the assessment of liquidated damages as provided in this contract, and will be at the rate of contract price times the planting quality percentage.

Payment Example: Assume a contract unit price of $100 per acre, liquidated damages amount of $250 per acre, and a pay item planting quality of 60 percent. The amount earned by the Contractor would be $100 x 60 percent = $60 per acre. The liquidated damages to be assessed in accordance with provision would be $250 per acre.

Because the liquidated damages amount exceeds the amount earned by the Contractor, the Contractor would be assessed liquidated damages in an amount equal to the amount earned, $60 per acre. Payment: $0. ($60 - $60 = $0.)

Payment Example: Assume a contract unit price of $200 per acre, liquidated damages amount as stated in this contract of $100 per acre, and a pay item planting quality of 60 percent. The amount earned by the Contractor would be $200 x 60 percent = $120. The liquidated damages would be assessed at $100. Because the liquidated damages amount does not exceed the amount earned by the Contractor, the full-liquidated damages are assessed. Payment: $20 per acre. ($120 - $100 = $20.)

G.3.3. Artificial shade and ADC netting or tube installed by Contractor – payment calculation. Not Applicable.

G.3.3.1. Not Applicable.

G.3.3.2. Not Applicable.

G.3.4. Unacceptable Work.

G.3.4.1. Any unit, which is planted or artificial shade installed at less than the performance standard of 93 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be reworked at no additional expense to the Government, or (iii) reject the work in its entirety.

If the work quality is unacceptable, the Contractor’s right to proceed is subject to immediate termination for default.

G.3.4.2. The Government will permit the Contractor to rework an area only if planting stock or other material is available and/or the existing deficiencies can be corrected.

G.3.4.3. When planting quality falls below 93 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 80 percent, the area may be separated from the subitem and payment made in accordance with Section G.3.2 or G.3.3 as applicable.

G.3.4.4. Any Government quality assurance assessment needed due to the Contractor reworking an area, either at the Contractor's request or because of unacceptable work, will be at the Contractor's expense. The Contractor may be assessed actual damages which may include but is not limited to wages of the COR and Government inspector(s) incurred due to the rework, costs of vehicles, meals and lodging that are incurred while administering the contract during the rework.

G.3.4.5. The Government shall document unacceptable work quality in the performance assessment.

G. 4. DAMAGES

G.4.1 Liquidated Damages.

G.4.1.1. Planting Quality. It is agreed that when the quality of planting is below 80 percent, the Government is damaged and replanting will likely be necessary. Therefore, if the Contractor fails to plant any unit within a sub-item at a level of 80 percent or higher planting quality, the Contractor shall, in the place of actual damages; pay to the Government the following fixed and agreed liquidated damages for each unit with planting quality of less than 80 percent:

G.4.1.1.1. If the amount of liquidated damages as stated above exceeds the amount earned by the Contractor pursuant to Section G.3 of this contract, liquidated damages will be assessed in an amount equal to the amount earned.

G.4.1.1.2. If the quality of planting falls below 80 percent and is not corrected, the Government may terminate this contract in whole or in part under the Default clause (FAR 52.249-10) in the contract. In that event, the Contractor will be liable for fixed, agreed, and liquidated damages on all acres planted where the planting quality is less than acceptable.

The liquidated damages shall be in addition to additional incurred costs under the Default clause (FAR 52.249-10)

G.4.1.1.3. The Contractor shall not be charged with liquidated damages when the quality of planting arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Default Clause (FAR 52.249-10).

G.4.1.2. Wasted Trees. When the Contractor wastes trees, the Government is considered damaged. Liquidated damages will be charged based on the following clauses.

G.4.1.2.1. Wasted trees in inspection plot: The sum total of the wasted trees on each of the inspection plots will be used to determine wasted trees in the unit. The inspection plots, either Contractor or Government’s plots, that are being used for the calculation of payment shall be used to calculate wasted trees. The Liquidated Damage charge for trees wasted will be based on this plot calculation:

Liquidated Damage Charge for Trees wasted based on plot calculation

No. of Wasted Trees Reciprocal of the Acres Charge Wasted

G.4.1.2.2. When wasted trees are found that are not part of the inspection plot being used for payment, and they are not considered minor in nature, the location of the found trees becomes a plot center for the calculation of the wasted tree charge. The plot calculation stated in G.4.1.2.1. will be used to determine the liquidated damage charge.

G.4.1.2.3. When wasted trees are found, and the damage is considered minor in nature, the Contracting Officer may waive the wasted tree charge. In no case will a waiver be given if the total Planted Trees on the Inspection plot exceeds the Maximum Number Allowable Trees for any unit.

G.4.1.3. Other material (for artificial shade).

Material that is used unnecessarily on the unit will be considered wasted material and noted on the plot calculation. Total of wasted material is the sum of all plots for each unit based on the inspection accepted for payment. The charge for wasted material will be calculated as follows:

G.4.2. Actual Damages

G.4.2.1. Trees. Actual damages for wasted trees will be assessed when trees are dropped or damaged by Contractor, and are not considered intentional in nature. If the Contractor mishandles trees in such a way that it results in actual or potential damage to the tree(s), the trees(s) will be considered wasted. The Contractor shall pay the actual charge for wasted trees based on this calculation:

G.4.2.1.1. When wasted trees are found, and the damage is considered minor in nature, the Contracting Officer may waive the wasted tree charge.

G.4.2.2. Other material (artificial shade or ADC materials). The Contractor shall pay the actual charge for wasted materials that are dropped or damaged by the Contractor. The actual charge for wasted material is:

On Plots X the Plot Size X in Pay X Rate = Tree No. of Plots Taken Unit Per Tree Charge

Liquidated Damage Charge for Materials wasted based on plot calculation

No. of Wasted Reciprocal of the Acres Charge Wasted Material on Plots X the Plot Size X in Pay X Rate = Material No. of Plots Taken Unit Per item Charge

Charge for actual Trees Wasted During Planting Operations

Number of Wasted X Charge Rate Per = Wasted Tree Charge Trees Tree

Charge for actual Material Wasted During Planting Operations

Number of Wasted X Charge Rate Per = Wasted Material Charge Material item

G.4.2.3. The actual charge rate for wasted trees or materials and other Government-furnished property that is not returned, or returned in a non-usable condition, is as follows:

Shade Tubes and Stakes $ 0.50 each Container Trees $ 0.50 each

H. 4. CAMPING AND WORKSITE CONDITIONS

H.4.1. Camping and Worksite Plan shall be consistent with requirements set forth in this section, Section I.2, the camping authorization and supplementary requirements in Section J, exhibit 24. The Contractor shall provide a general plan with the technical, and shall provide a more specific plan based on items awarded, prior to start work.

H.4.2. Forest Visitor Rules. The Contractor shall be aware of and abide by the rules of the Humboldt-Toiyabe National Forest applicable to forest visitors.

H.4.3. Camping Authorization. The Contractor shall obtain a camping authorization from the Humboldt-Toiyabe National Forest prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping area has been cleaned up to the requirements of the Camping Permit. Refer to Section J, exhibit 24 for a sample authorization.

If the Contractor does not obtain a camping permit but requires his/her employees to obtain the camping permit, the Contractor remains responsible for campsite clean up and his/her employees conduct while camping on National Forest land.

H.4.4. Contractor Information. The Contractor shall abide by the OSHA’s Field Sanitation Standard Fact Sheet No.

OSHA 92-25, which applies to agricultural establishments hiring 11 or more workers for hand labor.

H.4.5. On-Site Representative. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

H. 5. SAFETY PLAN

When required by FAR 52.236-13 the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H. 6. EMPLOYMENT OF ELIGIBLE WORKERS (FSAR 4G52.222-701) (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The Contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and insure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract.

If the Contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, Contractors should contact the Employer and Labor Relations Officer of their local INS office.

H. 7. LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL

WORKERS (FSAR 4G52.222-702) (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor Contractors, and to insure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, pre-commercial thinning, site preparation, and wildland fire fighting.

(b) Definitions

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker," as used in this clause, means individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the Contractor's immediate family are not considered to be either migrant or seasonal workers.