S_108_Mastication_Solicitation1.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

March 11, 2015

7. FOR SOLICITATION INFORMATION CALL:

Contract

a. NAME

O’Laine Martinez

b. TELEPHONE NUMBER(No collect calls) 530-478-6823

8. OFFER DUE DATE/ LOCAL TIME

April 09, 2015 3:00 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 STANDARD:

SMALL BUSINESS FORMCHECKBOX

8(A) 19 million

USDA Forest Service Central California Acquisition Service Area

Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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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

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SEE ADDENDUM

Mi Wok Ranger District, Stanislaus National Forest

See separate schedule sheet.

Email quotes to tracymartinez@fs.fed.us Fax quotes to 530-478-6126

Contractor MUST be registered in the System for Award Management

(SAM) before award can be made.

Please provide the following information:

DUNS#_________________

TIN#___________________

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

Pre-proposal meeting information on pg. 29.

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

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

1 SCOPE OF CONTRACT

Description of Work: This contract involves performing mastication of fuels in the South 108 Fuel Reduction Project Areas. The area contains 554 acres and all brush, slash, and conifers within the treatment area shall be treated. Felled trees will be masticated and if needed Scattered. A Firm Fixed Price contract with a base and options varying in acreage to one vendor is the intended result of this solicitation. Global Positioning System (GPS) or Geographic Information System (GIS) Arc View method was used to determine the gross size of work units in each item (see unit data tables in section J).

Contractor Responsibility: The Contractor shall provide 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.

A Separate detailed “Work Plan Schedule” will be required at the same time the bids are due.

All equipment shall be cleaned and inspected prior to start of work.

Contractor shall be required to have a GPS unit (Global Positioning System) on each piece of shredding equipment capable of 30 ft (9.1 meters) accuracy. Each GPS unit shall be capable of down loading unit location data from F.S. Geographic Information Systems.

Prior to award of contract the Government reserves the right to inspect the equipment to be furnished by the Contractor. If the equipment is found to be in such condition as to indicate the need for frequent repairs and delays in performance, it shall be rejected.

1-1 Project Location & Description

Location: Work areas are located within Stanislaus National Forest. See vicinity maps in Section J.

Description: The perimeters of the work areas that have been identified on the ground are marked with blue and yellow surveyor flagging. Contractor may be required to navigate unit boundary using GPS.

Exclusions: There are small exclusion areas in and adjacent to many of the units. These areas are flagged on the ground with the following colors: archaeological = red and black, sensitive plants = blue and black, noxious weeds = orange.

Accessibility: It is the Contractor's responsibility to reach the work site. The Contracting Officer will determine the access routes to be used by vehicles. The routes may not necessarily be the shortest distance between units. The Government will not provide special maintenance or snow plowing to open roads or keep roads open. All transportation of equipment, personnel, and supplies shall be the responsibility of the Contractor.

1-3 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.

The perimeters of the work areas have been identified on the maps contained in Section J. Where GPS units and GIS generated maps conflict with the on-ground designation, the on-ground designation shall govern unless otherwise directed by the Contracting Officer.

1-4 Estimated Start Date & Contract Time Start: Estimated start date is May 15st 2015.

Time: The period of performance will be 120 days year from the date of issuance of Notice to Proceed.

1.5 Restrictions on Work

C.5-1. 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:

a. In accordance with the fire plan, included in Section J.

b. 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.

c. Operations shall not occur during or 1-2 days after a storm event (1/2 inch of precipitation or greater) unless authorized by the Contracting Officer. Forest Service may require the review of soil and conditions by soil scientist, before operations can resume after a storm event. By written agreement, operations may occur if ground conditions are frozen.

1.5-2. All units shall be worked in a systematic method that will be addressed in the Project proposal under “Work Methods.

1.5-3. Equipment movement Restrictions.

Contractor's equipment shall not cross meadows, "wet" stream channels, or other non-work areas, except by prior, written agreement with Contracting Officer.

1.5-4. Traffic safety

Unless otherwise agreed in writing, when Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls which provide the forest user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor's Operations. A specific traffic control plan for each individual contract work area shall be agreed to by Contractor and Contracting Officer prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flaggers and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highway" (MUTCD), and as shown on the Contract Map.

1.5-5 Hours of Operations:

Contractor shall limit treatment operations within ¼ mile of residences to weekdays and non-holidays only, between the hours of 7:00 am and 6:00 pm. Servicing and maintenance of machinery and equipment is excluded from this limitation.

1.5-6. Limited Operating Period (LOP) on the following units.

Item #1 Units # Limited daily operations, see (6) above

Item #1 Units # 2102,2104,2901, 2904,2906,2910 3/1-8/31 CA Spotted Owl

1.6 Licenses and Insurance

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

1.6-a. MSPA Card (Form WH510): This contract does 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.

1.6-b. PERMITS. The Contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on state, county, and private roads.

1.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor 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)

1.8 Technical Requirements

1.8-1 Definitions

(a) Brush - Scrub vegetation (though some may be over 6 meters (20 ft.) tall) or woody plants such as Manzanita, Deer brush, or Ceanothus etc. excludes small conifers.

(b) Chips - The woody residue resulting from the mechanical shredding/chipping activity. Residue size is usually less than 0.15 meters (6 inches), but occasionally is up to 0.61 meters (two feet) in length.

(c) Conifer - A cone-bearing tree with needles or leaf scales including, but not limited to ponderosa pine, sugar pine, incense cedar, Douglas fir, giant sequoia, and bull pine (also known as Grey pine); does not necessarily have cones at any given time.

(d) Controlled Area – area within contract boundaries determined to contain sensitive plants, infestations of noxious weeds, archaeological sites, or threatened or endangered species, and designated to be protected from all Contractor operations

(e) Crown - The part of the tree comprised of the branches, twigs and foliage which carry on the majority of the photosynthesis. Live crown ratio is the percent of tree height supporting live foliage that effectively contributes to tree growth.

(f) Downed log - all or part of the trunk of a felled tree greater than 35.6 cm (14 in) DBH and 3.0 meters (10 feet) long. Includes logs in all of the various stages of decomposition.

(g) Hardwood - A tree with broad, flat leaves including but not limited to oak, maple, willow, alder, cottonwood or dogwood.

Large Oak- A tree with a DBH of >12 inches (30.5 cm)

Medium Oak- A tree with a DBH between 4 inches (10.2 cm) and 12 inches (30.5 cm).

Small Oak- A tree with a DBH < 4 inches (10.2 cm).

(h) Residual tree or leave tree - tree(s) to be left standing and undamaged that comprise the stand following the Contractor's operations.

(i) Riparian vegetation - plant species typically associated with and found in wet drainages. They include, but are not limited to alder, willow, cottonwood, or maple in the overstory and sedges and rushes underneath.

(j) Shred - The physical process of grinding or cutting, slash and vegetation into a residue of separate species generally not exceeding 2 feet in length distributed across the work area using a cutter head powered by hydraulic or mechanical means.

(k) Slash - Debris consisting of portions of brush and/or trees created by work under this contract or debris created prior to this contract including all brush and cut trees, tops, trunks, and branches.

(l) Snag - Standing dead tree greater than 22.9 cm (9") DBH.

(m) Screening - Visual barrier that can be composed of piled or naturally standing live and or dead plant materials.

(n) Blister Rust – A disease occurring in Sugar Pine. Indicators are flagging or mortality of branches, swelling of branches or trunk, cracked bark exuding pitch and sometimes showing of yellow powdery spores.

(o) Crown Class-Crown class is the description of the relative position of the tree crown with respect to competing vegetation surrounding trees.

(1) Dominant- Tree crown receive full light from above and partly from the sides, Crowns extend above the general level of the crown cover of others of the stratum by 30% or greater.

(2) Co Dominant- Tree crowns receive full light from above but comparatively little form the sides. Crowns form a general level of crown stratum.

(3) Intermediate- tree crowns occupy a definitely subordinate position and are subject to strong lateral competition for crowns of dominants and co dominants.

(4) Suppressed- Tree crowns receive no direct light from above or from the side and are entirely below the general level of dominant and co dominants.

(p) Damage Trees (Created) - Any damage created by work under this contract. Includes the stripping or removing of branches and debarking the bole of a crop tree in excess of ¼ of the circumference.

(q) Damage Trees (Existing) - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment. Indicators include dead or broken tops or branches, or debarking extending more than ¼ or the circumference of the tree.

(r)Logging Slash – Slash/debris created from previous logging or fuel treatment projects

(s) Mastication – The mechanical process of cutting, shredding and/or chipping vegetation, using a power cutter head, into residue pieces often less than six (6) inches in size, but commonly up to two (2) feet in length. No piece size 2 feet (.6 m) in length or longer shall have a diameter exceeding three (3) inches in thickness. No individual pieces of slash or vegetative debris shall be greater than 4 feet in length. Where this treatment is performed trees shall be felled, masticated and if needed scattered. Resulting residue pieces shall meet the following specifications dependant upon stated level required:

(t) Shred/shredding/shredded: The act mastication. See Mastication for definition.

1.8-2 Specifications

1.8-2(a) Equipment Specifications Specific equipment to be furnished by the Contractor is as follows:

(1) Prime power unit - tracked unit with a maximum ground pressure of 8 pounds per square inch (psi). Written manufacture equipment specifications which include ground pressure shall be included in the Proposal under “Equipment” for each piece of equipment used on this contract.

(2) Capable of working continuously on 0 to 40 percent slopes, and on pitches up to 50 percent.

(3) Maximum cutter head/blade cutting width of three meters (ten feet), no minimum width.

(4) Power supply to shredder/cutter/chipper that maintains constant rpm's to shredder/cutter/chipper head regardless of power unit.

(5) Forest Service approved spark arrester. Spark arresters are not required on equipment powered by exhaust-driven turbo-charged engines or motor vehicles equipped with a maintained muffler as defined in California Public Resources Code, Section 4442 and 4443.

(6) Canopy approved by the State of California, Division of Industrial Safety.

(7) The Contractor shall provide all tools and equipment for self and employees.

(8) All equipment must be in good running condition with no excessive fluid leaks or overheating.

(9) All equipment shall be equipped with the tools and supplies necessary for making emergency and routine repairs and servicing.

(10) All equipment and service/transport vehicles shall be equipped with the required fire tools. See Section H.

(11) Contractor shall be responsible for all fuel, lubrication, repair, and replacement for equipment.

(l2) All chainsaws or other motorized equipment shall be equipped with Forest Service approved spark arresters.

Cleaning Equipment. Contractor shall ensure in writing that equipment (as described above) moved on to National Forest Land is free of soil, vegetative matter or other debris that could contain or hold seeds of noxious weeds. For purposes of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this project.

Equipment shall also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds.

Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of this provision, and shall notify Forest Service prior to moving each piece of equipment onto National Forest Land. Notification will include identifying the location of the equipment's most recent operations. If the prior location of the equipment cannot be identified and certified free of noxious weeds, Forest Service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, arrangements will be made for the Forest Service to inspect each piece of equipment prior to it being placed into service.

Contractor shall certify in writing compliance with the terms of this provision prior to each start-up of contractor operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be moved in later, will be identified in the certification. For the purposes of this provision, "equipment" includes all tracked vehicles and their attachments. Transports used for hauling equipment, pickup trucks, cars or other vehicles used to daily transport personnel are not considered equipment as relates to this clause.

If the Contractor desires to clean equipment on National Forest Land, such as at the completion of work in an infested area prior to moving to an uninfested area, the Contractor and Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

1.8-2(b) Mastication Specifications.

(1) All brush, slash and conifers within the treatment area shall be treated.

(2) Equipment shall be operated such that shredded material stays within the treatment unit and is not distributed on lava caps, streams, roads, structures, private property, protected sites, improvements, telephone lines, established trails, stock driveways, fence lines, established land corners, or other improvements

(3) The contractor shall provide for public safety when operating equipment within 200 feet of structures and open roadways. The Contractor shall be responsible for obtaining and following all safety procedures policies, laws and regulations required by the state, county, and private roadways for the safe operation of equipment necessary to complete the contract.

.(4) The contractor shall remove all shredded material or debris resulting from contract operations that is distributed outside of treatment unit or on Lava caps, steams, roads, structures, private property, protected sites, improvements, telephone lines, established trails, stock driveways, fence lines, established land corners or other improvements.

(5) Any trees falling on or into such areas as described in C.7 (a) (3) & (4) shall be removed if possible, and any resulting damage shall be immediately reported to the Contracting Officer.

(6) The Contractors equipment shall not travel over the same tracks, except where designated by the C.O. for access and service routes. Erosion work shall be required and kept current with contract work progress for unit or partial unit acceptance.

(7) All residues from shredding operations shall be arranged so that it does not exceed 12 inches in height above the ground.

(8) Brush and trees to be shredded shall be severed from their main stems so no more than 6 inches above the ground on level surfaces and no more than 8 inches from any natural obstacles such as rocks, downed logs, or leave trees.

(9) Protection of the leave trees shall be the highest priority in all operations.

(10) The Contractor shall be responsible for contacting all utility companies to determine the location of under and above ground utilities. The contractor shall protect or avoid these utilities during all operations of this contract.

(11) Hardwoods over 9 inches shall be retained. Some Hardwoods under 9 inches may be shredded to facilitate efficiency, safety &/or efficacy of the treatment.

(12) Waterbars in skidtrails, firelines, and roads disturbed by the Contractor shall be restored to condition prior to damage at the Contractors’ expense.

(13) Soil displacement shall be minimized by working the shredding equipment in as straight a line as possible, parallel slopes, given the known limitations of residual trees and terrain.

(14) All drainages within unit boundaries shall have non-riparian brush and non-residual conifers shredded completely (no buffer zone) unless otherwise directed by the Contracting Officer. Machine treads shall stay 15 feet outside of stream channel slope break, and on stable, dry soils, as far from stream channel as possible, while still accomplishing contract objectives.

(15) Riparian vegetation shall not be shredded, cut or damaged.

(16) Downed logs shall not be shredded or cut and shall be left in an undisturbed state to the greatest extent practical.

(17) Small seedlings in openings larger than 20 feet in diameter shall not be shredded, cut or damaged.

(18) Equipment shall be kept free of debris accumulations that may result in fire starts.

(19) The shredded/cut/chipped material shall be evenly distributed over the treated areas so as to not leave large accumulations of slash. Concentrations of brush, slash, and small dead trees may need repeated treatment in order to satisfy desired work standards.

(20) Brush, small dead trees and slash shall not be pushed into leave trees and left unshredded.

(21) Soils in the operating area must be dry enough to prevent rutting by a single pass of the equipment.

(28) Retain oak trees and saplings where feasible.

(29) Protection of the residual trees shall be the highest priority in all operations. Excessive residual stand damage may result in contract shut down and/or default. No more than four (4) damaged trees per acre will be permitted. If in the opinion of the Contracting Officer damage is excessive, the Contractor shall be required to alter his operations to prevent the occurrence of such damage. If more than four (4) damaged trees per acre exist a cost of $50.00 per tree will be charged.

1.8-2(c) Brush Treatment

(1) All brush within the designated units shall be shredded EXCEPT brush growing so close to adjacent leave trees that attempted brush removal would cause damage to the leave tree (generally 30.5 cm (12 in) or closer to the bole of residual tree).

(2) Brush shall be shredded prior to tree processing in any given area. Tree slash laid on top of unshredded brush will result in failure to pass inspection.

(3) Shredded material shall not exceed dimensions for chips

(4) Minimum treatable brush size is 12 inches tall.

1.8-2(d) Conifer Tree and Slash Treatement

(1) Shred all live conifers less than 9 inches DBH to a 20 ft x 20 ft spacing. All old logging slash shall be shredded.

(2) Leave Trees:

a) Leave trees should be spaced an average of 20 feet apart.

b) Trees selected as Leave trees shall be free of damage, defect, forks and crooks.

c) Species preference order is sugar pine, Douglas-fir, ponderosa pine, incense cedar, white fir.

d) Leave trees shall be amongst the most vigorous, tallest and largest in diameter trees available.

e) Leave trees shall have at least 30% crown ratio

(3) The contracting Officer may designate specific trees to be shredded or retained as leave trees.

(4) Minimum cut tree size is 12 inches tall.

(5) No dead conifers (snags) greater than 15 inches DBH shall be cut with the exception of roadside hazard trees or others designated by the Contracting Officer.

(6) Shredded material shall not exceed dimensions for chips.

(7) Slash heights for trees and woody slash shall not exceed 30.5 cm (12 in) measured from the ground level. Severed tree tops are slash under this clause.

(8) The Contracting Officer may designate specific cut or leave trees.

1.8-3 Contractor-Furnished Equipment

The Contractor shall furnish, utilize, and efficiently maintain equipment meeting or exceeding the following specifications:

Chainsaws and fuel - Chainsaws capable of safely performing felling, bucking, and limbing of trees and slash as specified for cutting in this contract. Maintain chainsaw fuel and oil in acceptable storage and distribution containers.

Safety and fire equipment- Necessary safety and fire equipment to safely implement contract, with PPE that includes serviceable chaps (Also see attached “Fire Plan for Construction and Service Contracts”).

Vehicles - Necessary vehicles to safely implement project.

Plastic - 6 mil plastic sufficient to cover 80% of each pile.

2.1 Sampling

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

Other (specify): See E.2 Specific Inspection Procedures.

2.2 Specific Inspection Procedures

The standard procedure will be visual inspection of 100% of the work completed. If the inspector believes that quality is falling below 90%, s/he will notify the contractor to address problem(s). If the quality level is in dispute, the inspector will sample 1/10 acre plots to quantify contract compliance.

2.3 Acceptance

Work on this contract will be deemed acceptable when 90% of completed work meets all contract specifications.

2.4 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 re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection 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 re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

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

Re-inspection 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. Re-inspection 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 re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

2.5. 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.

Mastication: Each plot will be examined and the findings recorded, as listed below:

a.

Spacing and density of leave trees b.

Quality of selected leave trees c.

Mastication of shrubs, conifers, and logging slash.

d.

Average residual material piece size e.

Stump height

After inspection of all plots for a unit, the quality shall be calculated as follows:

(Total Number of acceptable plots)

----------------------------------------- X 100 = Performance Quality Percent

(Total Number of plots)

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.

2.6 Inspection of Equipment.

Prior to award of contract the Government reserves the right to inspect the equipment to be furnished by the Contractor. If the equipment is found to be in such condition as to indicate the need for frequent repairs and delays in performance, it shall be rejected.

3.1 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of receipt of Notice to Proceed not to exceed 120 days.

4.1 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.

Notice to Proceed.

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

4.2 Measurement

Methods of Measurement.

Global Positioning System (GPS) or Geographic Information System (GIS) Arc View method was used to determine the gross size of work units in each item (see unit data tables in section J).

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

4.3 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. [X] 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.

4.3.a 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).

4.3.b Invoices.

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

5.1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: One contractor’s representative, fluent in English, onsite every day.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Emergencies

Fire Plan [X] See Section J, Fire Plan Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Maintenance -50 meters on either side of the centerline

[ X ] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in

[ ] (c) Special for this project:

5.6 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.

5.7 Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

5.8 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.

5.9 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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government wide 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 at fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii)…