Chips_Mechanical_Site_Prep_Solicitation.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

3-11-2015

Donald Tinsley

b. TELEPHONE NUMBER(No collect calls) 530 478-6121

8. OFFER DUE DATE/ LOCAL TIME

April 7, 2015 4:30 PM

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS

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HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:115310

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SERVICE DISABLED FORMCHECKBOX

EDWOSB

VETERAN- OWNED SIZE STANDARD19.0 million:

SMALL BUSINESS FORMCHECKBOX

8(A)

Central California Acquisition Service Area 631 Coyote Street

Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

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

FORMCHECKBOX

SEE ADDENDUM

Plumas National Forest

See separate schedule sheet.

Contractor MUST be registered in the System for Award Management

(SAM) before award can be made.

Please provide the following information:

DUNS#_________________

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

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

FORMCHECKBOX

ARE NOT ATTACHED

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ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________

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29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2. Responses without prices for each item and sub-item may be rejected.

3. Award will be based on Best Value to the Government. Price evaluation will be based on the total price.

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for mechanical site preparation within the Skinner Salvage sale and Dutch CE project areas. Contract objectives are to reduce fuel loads and competing vegetation to crop trees while increasing safety within treatment areas. The work units are to be cleared by felling and piling snags and damaged small trees, slash and competing vegetation in preparation for manual planting of conifer seedlings.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

2. Project Location & Description

Location: The project is located within the 2012 Chips Fire area on the Plumas National Forest, Mt. Hough Ranger District. The project area lies approximately one to three miles south of Lake Almanor, CA. See Maps in Section J.

· Item 1 (Dutch CE) The legal location of Dutch CE project units is T.27N., R.8E., Section 29, 31, 32, and 33; T.26N., R.8E., Sec. 3, 4, 5, and 8

· Item 2 (Skinner Salvage) The legal location of Skinner Salvage project units is T.27N., R.8E., Sec. 33, and 34; T.26N., R.8E., Sec. 3, 4, 10, and 11

Description: Dutch CE project units are designated with yellow flagging printed with the words “SILVICULTURE BOUNDARY” and yellow “Boundary of Contract Area” signs posted at the road corners. Skinner Salvage unit boundaries can be identified by orange paint and blue flagging. Unit corners are posted with yellow signs identifying unit numbers.

Exclusions (non-work areas): Non-work portions of units may include creeks and riparian areas (blue and white striped flagging), and botanical or cultural heritage control areas (blue and black striped flagging or red and black striped flagging or orange “NOXIOUS WEEDS” flagging).

Roadside Hazard Areas: Treatment units may overlap with Roadside Hazard units, which may or may not have been cut before this contract is implemented. The Contractor shall not cut or pile any trees marked with blue paint.

Accessibility: All units are bordered in part by Plumas National Forest system roads. The work units are accessible by 2-wheel drive vehicle during field season, but may require 4-wheel drive during wet weather.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

3. Maps

Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

4. Estimated Start Date & Contract Time Start: July 27, 2015

Time: 57 days

5. Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan included in Section J. A PAL Ev variance agreement may be obtained on a case by case basis. (See Fire Plan for details).

2. Wet weather soil restrictions shall apply. Operations may occur when soil is dry; that is, soil moisture in the upper 8 inches is not sufficient to allow a soil sample to be squeezed and hold its shape, or will crumble when the hand is tapped.

3. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

4. There are two Limited Operating Period (LOP) restrictions for wildlife within the Dutch CE project area. The LOP encompassing unit 6 will restrict operations to no chainsaws or mechanical work between February 1 - August 31. The LOP encompassing unit 10 will restrict operations to no chainsaws or mechanical work between February 15 – September 15. Non-use of a Protected Activity Center may potentially permit early lifting of the LOP. (See Maps for affected areas.)

6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [X] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Other: NONE

7. Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [X] will [ ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

8 Technical Requirements

8-1 Definitions Competing Vegetation: Refers to any of several woody shrubs that are potential competitors to existing live trees or future plantation trees, e.g. huckleberry oak, manzanita, chinkapin

Damaged Tree: Any injury caused by the contractor’s performance of work exposing the cambium (i.e. the bole, cut limbs in the upper 50% of the tree, cut tops) and/or any conifer buried or partially buried by soil, rock, humus, litter, or slash. Potential leave trees which are uprooted are also considered damaged trees. Burned trees with less than 10% live crown or damaged sufficiently to pose a safety hazard are also considered damaged trees.

DBH: Diameter at Breast Height (4 ½ feet above the ground, measured on the uphill side)

Down Woody Material: Any piece(s) of dead woody material, including freshly cut material, dead boles, limbs, and large root masses, on the ground

Effective Ground Cover: Any material on or near the soil surface that protects the soil against the erosive action of raindrops and overland flow (e.g., loose surface stones, duff, vegetative material, woody debris, leave trees, stumps, snags, downed logs)

Hardwood: A tree with broad leaves rather than needles (e.g., black oak, aspen, maple, dogwood, elderberry, ash)

Large Down Woody Material: Any log 10 feet long and 18 inches diameter at the mid-point on the ground, regardless of its state of decomposition

Leave Tree: Regardless of size, ALL live hardwoods and any live conifer with >10% green crown remaining which do not pose a threat to safety

Slash: The residue left on the ground after logging or accumulating as a result of natural or other human activities

Snag: Any standing dead tree greater than 12 inches DBH and 20 feet tall

8-2 Specifications

Mechanical site preparation shall occur on slopes less than 40%, except short pitches (less than 100’ slope distance) that may be treated up to 45% slope. All tasks and standards apply to mechanical treatment. Any portions of units not mechanically treated shall be hand felled and piled except leave trees or snags within 10 feet of stream channels. Manual treatment shall be required on all slopes greater than 45% and all tasks and standards shall apply except the uprooting of competing vegetation and the piling of large down woody material between 12 to 18 inches in diameter. Trees felled within manual treatment areas shall be contour felled and up to 50% of this material shall be retained as down woody material or effective ground cover.

Primary Tasks

1. Fell and buck damaged trees and snags up to 12 inches DBH.

2. Uproot and pile competing vegetation.

3. Pile felled trees and down woody material.

4. Retain 6 snags per acre, clumped where possible.

5. Retain 10-15 tons per acre for large down woody material requirements when available.

6. Distribute concentrations of down woody material to 50 to 60 % effective ground cover and less than 6 inches depth.

Standards and Subtasks

Fell and buck damaged trees and snags up to 12 inches:

Dead and damaged trees shall be cut and prepared for piling to the following standards:

1. Bucking is only required to the extent needed for efficient piling of cut material. Trees and snags left on ground to meet woody debris retention and 50% effective ground cover guidelines need not be bucked.

2. Damaged trees up to 12 inches DBH shall be cut, except selected leave trees based on species and amount of fire damage. Any size live conifers with >10% green crown remaining shall be retained as Leave Trees (See Definitions). Selected leave trees shall not be damaged by the Contractor’s operations.

3. All snags up to 12 inches DBH shall be cut except those needed for minimum snag retention. Retain 6 snags per acre and clump where possible. Minimum snag DBH is 12 inches if needed to meet retention guidelines. Ponderosa pine snags are the preferred species to retain. In areas where it is unfeasible for safety concerns to leave 6 snags per acre, reducing snag retention to 4 snags per acre is acceptable as the minimum. In the few pockets where larger snags are more densely clumped in approximately ¼ acre clumps, retain these as untreated leave islands.

4. Leave all trees or snags within 10 feet of stream channels, unless needing to be dropped for safety. Equipment may not “walk” within 100 feet of perennial or intermittent streams and within 25 feet of ephemeral streams or riparian areas. Equipment crossing ephemeral or intermittent streams may be allowed only in areas designated by Mt. Hough Ranger District soil scientist. Scientist shall be given 24 hours to respond.

5. All cut trees shall be cut below the lowest limbs, except when prevented by natural obstacles. The maximum allowable stump height is 6 inches measured from the high side of the tree. All limbs below the cutting point shall be removed. Trees shall be completely severed from the stump.

6. Trees and snags to be cut may be pushed over for reasons of safety, or when disturbance to soil from such action will be minimal.

Table 1. Equipment exclusion zones and burn pile restriction widths (full bank width, measured horizontal from both sides of stream channel) for ground-based mechanical equipment operations

to Burn Pile

Uproot and pile competing vegetation:

Within mechanically treated areas, competing vegetation 2 inches and greater stem diameter at ground level shall be uprooted below the root crown whether it is alive or dead, then shaken to remove soil and piled. Any competing vegetation that meets specifications for uprooting but is not able to be pulled, shall alternatively be crushed by walking over the vegetation with the mechanical equipment.

Pile felled trees and down woody material:

Piles shall be neat, compact and sufficiently free of dirt to allow at least 85% consumption of the piled debris when burned. Piles shall be of a height equal to or greater than their width. Pile slash, competing vegetation, felled trees, and down woody material to the following standards:

1. Minimum height 5 feet, maximum height 15 feet

2. Piles shall not exceed 15 feet diameter.

3. No piled material shall protrude more than 3 feet outside main pile diameter.

4. Piles shall be located to minimize damage to residual trees (at least 25 feet from the dripline) and other retained features (snags, live brush, down woody material) when piles are burned. No piles shall be located within 25 feet of ephemeral stream channels, nor within 40 feet of perennial or intermittent streams. (See Table 1)

5. Piling shall be accomplished with minimal disturbance to top soil and effective ground cover (See Definitions). Retain 50% effective ground cover. Minimize turning of tracked equipment within 150 feet of intermittent or ephemeral streams and riparian areas, and within 300 feet of perennial streams.

6. Cover all piles with 70-weight or greater heavy duty paper. Paper shall be located and be of size sufficient to cover finer materials within the pile in order to promote ignition and at least 85% consumption of the pile when lit.

7. Fire line to mineral soil shall be constructed around each pile and shall be a minimum 24 inches width.

Retention of large down woody material:

To meet Plumas National Forest standards and guidelines, where available, 10-15 tons per acre of large down woody material shall not be disturbed or piled. The Contractor shall leave all large woody material greater than 18 inches diameter to enhance soil productivity and wildlife habitat and to insure effective erosion control. Logs retained for this requirement generally shall be the largest diameter available in any length. (See Table 2 for guidelines).

Table2. Approximate number of down logs, 20 feet long needed to meet 10-15 tons per acre standard. Logs of different length would require equivalent change in number of down logs per acre.

Average DBH

Number of down logs

24 to 30

18 to 24

14 to 20

10 to 14

8 to 12

6 to 8

24-30

4 to 6

> 30

2 to 4

Distribution of slash and down woody material

The contractor shall create pile(s) and/or disburse woody material to achieve ground cover at 50 to 60% of treatment area and less than 6 inches depth.

1. All woody material exceeding 3 inches in diameter at the large end and 6 feet in length shall be piled, except for material left to meet retention guidelines.

2. Where there are concentrations of woody debris greater than 6 inches deep by 10 feet diameter, pile or scatter the material to a depth of less than 6 inches.

3. Concentrations of material left shall be equally distributed throughout the unit and not exceed 60% of the unit’s area.

4. Wherever possible, use existing skid trails for movement of equipment and place piles on skid trails.

8-3 Contractor-Furnished Equipment

Ground-based equipment used by the Contractor shall have a factory rated ground pressure of 7.8 psi or less and a grapple or thumb and bucket with articulating boom capable of reaching at least 20 feet. The power head on the equipment shall be able to complete all work within each item and task. This will include completing project area by minimizing ground impact with tractor and power head. The power head will need to accomplish multiple tasks within each unit. These tasks include but are not limited to grapple piling, removing competing vegetation, and scattering small woody material.

8-4 Government-Furnished Property

See Section G.

C.8-5 Public Safety

Warning signs shall be posted at the edge of the unit while working in order to alert oncoming traffic of the safety hazards associated with this operation.

C.8-6 Road Maintenance

All roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage, at the Contractor's expense. Slash may not be left in the roadways, as this would pose a hazard to damaging vehicles.

9.QUALITY CONTROL PLAN

The Contractor shall conduct inspections on all units in accordance with his/her Quality Control Plan (QCP). The Contractor’s Quality Control Plan shall be submitted and accepted by the Government prior to any work starting.

10 GOVERNMENT INSPECTIONS

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

11. (Government’s inspection system) [X]Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

1/10 acre

12. Specific Inspection Procedures

Measurable Performance Standard in Visual Inspection Procedures

· Number of acceptable snags

· Treatment of competing vegetation

· Slash treatment

· 50% material disbursement throughout units

· Pile placement

· Pile construction and covering with heavy duty paper

· Stump height

· Fire line

13. Acceptance

Work on this contract will be deemed acceptable when the above measurable performance standards are met.

14. Quality Assurance Plan

Government Quality Assurance Plan

The Government will conduct inspections of each unit to determine work quality. Initial inspections will consist of a 100 percent visual inspection and will be based on adherence to the specific tasks listed in the contract. The Government will also install a series of circular plots. Plots will be randomly located throughout each sub-item to obtain a representative sample of the work. Plot size is 1/10th of an acre.

The following data will be collected on each plot:

(a) Woody debris depth

(b) Satisfactory distribution of down woody material

(c) Number of snags retained

(d) Retention of large down woody material

(e) Pile construction and placement

(f) Satisfactory pile covering

(g) Fire line construction

The following deficiencies will be considered poor erosion control and snag retention when determining performance quality:

1. Woody vegetation and other materials not disbursed to 50%

2. Slash depth is greater than 6 inches

3. Tractor operating within designated exclusion areas

4. Removing too many snags

6.

Trees felled are hung up in residual tree(s), unit boundaries, streams, roads, established trails (recreation, game, stock, etc.) cultural resource sites, stock driveways, and other improvements (e.g. fences, telephone lines, established land corners, buildings, ditches, etc.)

7.

Trees which are not properly treated in accordance with slash requirements

After inspection of all plots for a sub-item, the quality of performance shall be calculated as follows:

1- (Erosion control areas + snag retention )x 100=Non-Performance Quality %

Amount of material that should be left

100 minus non-performance quality % = Performance quality

Hand felling, mechanical piling and covering: Each plot will be examined and the findings recorded, as listed below:

a. Pile placement (specfied distances) and location (i.e. away from residual trees, roads, streams, etc)

b. Pile height and diameter and compactness

c. Stump height

d. Tractor impact on soil

e. Fire lines (24 inches wide) constructed around piles

f. Covering Piles (covering fine debris and securely anchored)

After inspection of all plots for a unit, the quality of hand and mechanical piling and covering shall be calculated as follows:

(Total Number of acceptable piles)

----------------------------------------- X 100 = Performance Quality Percent (Total Number of piles)

Performance Quality below 90% will be deducted from payment or reworked at contractor’s expense (See Payment clause). When inspection results are below 90 percent, and erosion control specifications constitute any part of the deficiency, payment will not be made until the deficiency has been corrected by the Contractor. Re-inspections, after rework, will be made in the same manner as the first inspection, but on different plot lines. The Contractor shall pay for inspections necessitated by the rework.

15. Work Timing

The Contractor shall begin work within __five________ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Estimated Start Work Date Contract Time (Calendar Days)

July 27, 2015

57 days

July 27, 2015

57 days

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

16. Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

17. Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

18. Measurement

Acreage was measured on a horizontal plane using a Global Positioning System.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement 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 remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

19. Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

A. Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

20. Superintendence by Contractor

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

21. Camping Permit Compliance

Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

22. Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

23. Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (dec 2014)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

(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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u)…