Calpine_WUI_HT_Project_Solicitation.doc

ADDENDA SHEET

Calpine WUI Hand Thinning REFERENCE NO. OF DOCUMENT BEING CONTINUED Requisition# AG-9A63-C-15-0085

PAGE

OF

DATE

AG-9JGP-S-15-0085

DATE

April 8, 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

May 4, 2015 3:00 PM

UNRESTRICTED OR SET ASIDE: 100 % FOR

FORMCHECKBOX

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS: 115310

EDWOSB

SERVICE DISABLED

VETERAN- OWNED SIZE STANDARD:

SMALL BUSINESS 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

SEE SCHEDULE

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ RFP IFB

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.

SEE ADDENDUM

Sierraville Ranger District, Tahoe 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)

See page 23 for proposal meeting information

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

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

ARE

ARE NOT ATTACHED

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

ARE

ARE NOT ATTACHED

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

INSPECTED

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

COMPLETE PARTIAL FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

PART 1, SCHEDULE OF ITEMS

SECTION B 7/14/2011

SUPPLIES OR SERVICES, AND PRICES/COSTS

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

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for hazardous fuels reduction in the form manually thinning conifer trees, hand piling both thinning and residual slash, pruning residual trees. It also includes bucking, removal and stacking of thinning slash within a 100 foot buffer along some designated roads within a few specified units. This contract also requires that the piles be covered with plastic.

Item 1, Unit 26b with 119 acres and Item 2, Unit 98 with 59 acres - Manually thin and prune trees, pile slash, and buck and stack slash within the areas identified in the Section B - Schedule of Items.

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.

1.2 Project Location & Description

Location: The project is located on the Tahoe National Forest, Sierraville Ranger District. The project area may be reached from Sierraville, CA via Highway 49/89 to 89 north approximately 9 miles to Calpine area. The project area is generally to the west and north of the community of Calpine, all within the Calpine Wildland Urban Interface (WUI).

Description: The perimeter of the sub-items will be flagged with orange with black polka dotted ribbon/flagging. All acreage and polygons listed in all parts of this contract and on maps for the treatments areas are approximate and have been or will be GPS’d. All treatment areas (acreage and polygons) will be GPS’d and finalized upon award. In some cases roads ridges or drainages may make up part of the boundary of a unit; therefore, these parts of the boundaries may not be marked or flagged. Consult the summary of treatments for other information that may pertain to particular subitem boundaries.

Exclusions (non-work areas): Stream courses, springs, meadows and controlled areas (heritage resources) as shown on project work maps and/or flagged and posted on the ground. Locations of controlled areas are confidential and not shown on work maps. A separate map showing these areas will be made available to the Contractor post-award, prior to start of work.

Accessibility: All sub-items are accessible by 2-wheel drive vehicle after snowmelt. The Government assumes no liability to perform special road maintenance to keep roads open to the project area.

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.

1.3 Maps

Maps showing the general vicinity and/or specific work areas are included in Section J – Attachment 1. Maps are general in nature and are not to be considered as definitively identifying locations. All acreage and polygons listed in all parts of this contract and on maps for the treatments areas have been GPS’d.

1.4 Estimated Start Date & Contract Time

Start: May 15, 2015 Time: Item 1 - 78 days Item 2 - 59 days See also Section F

1.5 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 attachment 3 Section J.

2. 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.

3. At this time no units have a restriction on the hours during the day which some contract operations would be permitted to be conducted (example: saws may only operate between the hours of 9am and 6pm).

4. Residual/crop trees shall not be damaged by the Contractor's operations (See Damaged Trees Definition).

5. Pile placement: no piles are to be built within 25 feet of stream courses/channels and riparian vegetation. Place piles in non-linear pattern where possible.

6. Avoid all heritage resource sites flagged in black and blue stripped flagging.

7. Item 1, Unit 6804026 have known occurrences of sensitive plant species; plants and/or buffers around them will be flagged in orange and white striped ribbon that may or may not have black lettering stating “Special Treatment”. Piles shall not be places on or within flagged sites; a 25 foot avoidance buffer may apply to some plant occurrence sites.

1.6 Licenses and Insurance

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

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.

1.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ X ] 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-a Definitions

(1) DBH: Diameter Breast Height, the diameter of a tree bole/trunk, taken at 4.5 feet above ground level, measured in inches.

(2) Residual/Crop Trees: Planted or natural conifers planned to become a component of the future forest, normally dominant and co-dominant trees. A residual/crop tree is determined by both spacing (approximately 16' x 16') and are of the best growth and vigor, largest live crown ratio, straightest boles and are free of damage.

(3) Canopy Base Height: is a measure of proximity of canopy fuels to surface fuels. In addition, there must be sufficient proximity between crowns and combustible fuel (e.g., needles and small branches) to carry fire from tree crown to tree crown.

(4) Slash/Woody Material: The residue left on the ground after thinning or accumulating as a result of natural or other activities.

(5) Reproduction Thickets: Areas where numerous seedling (small/young) trees are growing, nearly carpeting the area. These seedlings are generally less than 2.5 inches DBH, and less than 6 feet tall.

(6) Damaged Trees: Any injury or damage 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). Potential crop trees, which are uprooted, are also considered damaged trees.

(7) Canopy Drip Line: The area defined by the outermost circumference of a tree canopy where water drips from and onto the ground.

(8) ‘Beehive/Dome’ Shape: Resembling a beehive or dome in shape.

(9) Large Down Woody Material (LWD): logs, or large pieces that when more or less aggregated approximate a log; that are a minimum of 10 feet in length and 20 inches in diameter or larger on the small end, shall be retained, regardless of its state of decomposition. This includes logs that were once contiguous but are now broken into pieces. If the pieces add up to 20 feet or more, then treat the log as one continuous piece.

(10) Riparian Habitat Conservation Areas (RHCA’s): Streamside management areas where operations may be restricted to provide for protection of aquatic resources and water quality. Width of RHCA may be 100 to 150 feet (ephemeral and intermittent stream courses), up to 300 feet wide (perennial stream courses), as measured from apparent high watermark or edge of riparian vegetation; on either side of the stream channel.

(11) Project Activity Level (PAL): U.S. Forest Service - Pacific Southwest Region (R5) fire precautionary system governing industrial operations associated with timber sales, stewardship and service contracts. This six level system will be used to govern operations under this contract during the fire precautionary period (See Fire Plan in Attachment 3, Section J). Weather data from the Tahoe NF PAL East weather stations will be used to calculate and predict the daily Project Activity Levels. Based on historical weather data from this weather station group, the expected number of days for each PAL level (during the Fire Precautionary period) is shown in the table below:

(12) Variance: Written agreement to allow for operations restricted by the predicted PAL level to continue with implementation of additional fire precautionary measures by the Contractor. Using the PAL Variance Checklist as a guide, variances may be granted for individual work units or a grouping of units; after consideration of fuel conditions, fire suppression resource response time, additional fire precautionary measures, and other specific site conditions, etc. Contractor and Forest Service may agree to a variance for operations restricted under PAL levels B, C, D, and Ev. No variances are allowed to for operations restricted under PAL level E. Variances may be unilaterally modified or terminated by the Forest Service as circumstances warrant.

(13) Fire Patrol Person: Contractor employee - When required, the sole responsibility of the fire patrol person shall be to patrol the operation for prevention, detection, and reporting of fires, and to take suppression action where necessary, in accordance with the requirements of the Fire Plan in Section J.

1.8-b Specifications

Primary Tasks

(1) Thin live trees up to 8 inches DBH to a specified spacing, and remove all dead trees up to 8 inches DBH. Including areas of natural reproduction thickets.

(2) Hand pile thinning and preexisting/residual slash.

(3) Pruning residual trees.

(4) Cut/buck tree boles within 100 feet of designated roads in specified units and stack along the roads edge. (Specified only in designated unit 6804026b).

(5) Cover piles with plastic.

Standards

Thinning Conifers:

(1) Selection of residual/crop trees shall generally be those tallest in height, largest crown, straightest bole and free of damage. Use the following tree list to favor residual trees to keep: sugar pine, ponderosa/Jeffery pine, douglas fir, incense cedar, lodge pole, fir (red and white).

(2) Residual/crop tree spacing shall be approximately 16 feet to 22 feet. Spacing may be varied to select the most desirable tree.

(3) Remove all target trees where they exist under the canopy within the drip line of the larger conifer trees 24 inch DBH or greater.

(4) All non-residual/crop trees 8 inches DBH or less shall be cut.

(5) Reproduction thickets: all material from cut seedlings greater than 2 feet in height will be incorporated into piles. Material from seedlings less than 2 feet in height may be cut and scattered.

(6) Stump height shall be six inches or less and cut flat or in a horizontal plane with the ground.

Hand Piling:

(1) Hand pile all thinned material, as well as preexisting/residual material 3 inches up to 8 inches on the large end.

(2) Piles shall be piled in a “Beehive/dome” shape.

(3) Piles shall be between a minimum of 4ft. wide by 4ft. in height, but no larger than 6ft. wide by 6 ft. in height.

(4) Pile composition and structure should be as compact as possible with a good distribution of fine and heavy fuels throughout to promote maximum consumption when burned.

(5) Pile placement will be located in openings at least 10 feet from the drip line of the nearest trees, unit boundaries, or avoidance areas where possible. If tree or snag spacing prevents achieving the desired pile clearance, locate piles equidistant between them and minimize size of piles.

(6) No piles will be constructed within 25 feet of a stream channel or riparian vegetation.

(7) Piles will not be constructed on or directly adjacent to large woody debris (LWD).

(8) Piles will not be constructed on or within the sensitive plant occurrence sites.

Removal of Roadside Slash (Specified only in designated units in Item 1: 6804026)

(1) All bole material, 3 inches diameter on the small end and up to 8 inches in diameter on the large end, of trees thinned within a 100 foot buffer of designated roads shall be bucked into 4 foot lengths and moved to edge of road and stacked.

(2) Remainder of slash shall be piled (to above standards) within the 100 foot buffer.

Covering Piles

(1) All piles shall be covered with a 4 foot x 4 foot square of black plastic.

(2) Plastic shall be black and have a minimum thickness of 6 mil.

(3) Plastic shall be sufficiently secured within the top third (⅓) of the pile to ensure it does not blow away.

Pruning

(1) All residual/crop trees greater than 12 feet tall shall be pruned to a canopy base height of 4 feet.

(2) Limbs shall be pruned as close as possible to tree bole without damaging bole. Branch stubs shall not exceed 2 inches from the bark surface. Cutting into bole or exposure of bole wood shall be considered unacceptable damage.

(3) All pruned material is to be incorporated into piles.

(4) Trees less than 12 feet tall shall not be pruned.

1.8-c Contractor-Furnished Equipment

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.

Contractor is responsible for providing the required material for covering piles.

1.8-d Government-Furnished Property

See Section G.

None.

1.8-e Public Safety

Vehicles, tools and other equipment must be kept out of roadways and trails. Roadways, culverts, or ditches shall be kept clear of material or debris resulting from operations at all times. Signs will be required to be in place along roads to alert all traffic of work/ operations; signs will be of appropriate specifications for the type of road/trail to be posted on.

Contractor may need to coordinate with the California Department of Transportation (CalTrans) if there will be a need to control traffic along State Highway 89 for falling operations. Traffic control signs shall be posted according to the Federal Highway Administartion, “Manual on Uniform Traffic Control Devices” (MUTCD).

1.8-f Salvage Rights

N/A 1.8-g Road Maintenance

Any roads used by the Contractor shall be left in the condition they were found in or better. Water bars or other drainage structures in roads utilized by Contractor operations shall be maintained in proper functioning condition. Repairs to any damage to roads from Contractor activity will be the responsibility of the Contractor.

The Contractor shall be responsible for restoring to their original condition any water bars, barriers, or temporary roads disturbed as a result of the Contractor's operations. Any restoration work shall be at the Contractor's expense.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.aquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

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

2.2 Specific Inspection Procedures

Each unit will be inspected for the following:

2.2-a Thinning:

(1) Selection of residual/crop tree Selection

(2) Residual/crop tree spacing

(3) Tree removal within drip line

(4) Tree diameter limits

(5) Reproduction thickets

(6) Stump height

2.2-b Piling:

(1) Slash piling and material incorporation

(2) Pile shape

(3) Pile size

(4) Pile composition and structure

(5) Pile placement

2.2-c Removal of Roadside Slash:

(1) Buffer distance from edge of road

(2) Bole wood size (diameter &length)

(3) Boles removed to road edge

(4) Remainder of slash piled

2.2-d Covering of Piles:

(1) All piles covered

(2) Thickness of plastic

(3) Size of plastic cove

(4) Plastic placement & firmly secured

2.2-e Pruning:

(1) Height of pruning from ground level

(2) Pruning distance from bark surface

(3) Damage

(4) Material incorporated into pile

2.3 Acceptance

Work on this contract will be deemed acceptable when the processes and/or deliverables conform to the contract requirements to be acceptable, the plots must meet the following standards:

2.3-aThinning:

(1) Residual/crop trees are trees with the best growth and vigor, largest live crown ratio, straightest boles and are free of damage: Two trees not meeting residual/crop tree criteria will be acceptable per plot.

(2) Residual/crop tree spacing of approximately 16-22 feet: Residual/crop tree spacing is within 25 % of the desired spacing.

(3) Large trees greater than 24 inches in DBH drip line tree removal: 100% of target trees within drip line removed.

(4) All non-residual/crop trees 8 inches DBH or less shall be cut: Target trees: 100% of the target non-residual/crop trees have been cut.

(5) Stump height shall be six inches or less and cut flat or in a horizontal plane with the ground: Maximum of 10 stumps over 6 inches in height or inappropriate cut surface per plot.

(6) Reproductive Thickets material from cut seedlings greater than 2 feet in height will be incorporated into piles. Material from seedlings less than 2 feet in height may be cut and scattered.

2.3-b Piling:

(1) Slash/material incorporation: Maximum of 5 pieces of required material not incorporated into piles per plot.

(2) Pile shape: Piles need to be beehive/dome shaped.

(3) Pile size: may vary by 25% only on the large side.

(4) Pile composition: Only one pile per plot that does not meet specifications would be acceptable.

(5) Pile placement: No piles within 25 feet of stream channel or riparian vegetation. No piles on Large Woody Debris (LWD), minimum of 10 feet in length and 20 inches in diameter or larger on the small end. No piles within 10 feet of unit boundaries or avoidance areas. No more than 2 other undesirable pile placement occurrences will be acceptable per plot.

2.3-c Roadside Removal:

(1) Width of Buffer: 100% of required width.

(2) Boles: No more than 5 boles not appropriately treated per plot will be acceptable.

(3) Slash: Maximum of 10 pieces per plot not piled will be acceptable.

2.3-d Pile Covering:

(1) Piles: 100 % of piles covered with 4 foot x 4 foot squares of plastic.

(2) Plastic: Black and at least 6 mil thickness.

(3) Plastic placement and secured: plastic needs to be in top 1/3 of pile and no more than two occurrences of plastic being removed easily will be acceptable per plot.

2.3-e Pruning:

(1) Height: 4 feet above ground + or – 1 foot of trees greater than 12 feet tall.

(2) Two inches from bark surface + or – 1 inch from the bole of tree.

(3) Damage: no more than 5 trees with damage per plot will be acceptable.

(4) All pruned limbs with green needle vegetation shall be incorporated into piles.

2.4 Percent Quality

Transects and 1/10th acre plots will be added together to come up with total plots taken. Percent quality will be calculated by taking the number of acceptable plots divided by the total number of transect and 1/10th acres plots. Percent quality will be calculated as follows:

% quality = # of acceptable plots(1/10th ac plots) total # of plots(1/10th ac plots)

2.5 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.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

3.1 Work Timing

The Contractor shall begin work within _____5_____ 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) Item 1: May 15, 2015 (48 days)

Item 2: May 15, 2015 (24 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 sub-items. Contractor shall complete all work on one sub-item before proceeding to another.

In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

3.2 Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

3.3 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.

3.3a Notice to Proceed.

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

3.4 Measurement

Methods of Measurement.

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

Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

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.

3.5 Payment

3.5-a 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:

*NOTE: Payment will be made in full when all work, (thinning, piling, bole removal, pile covering) has been completed and accepted at 90% or higher.

No payment will be made if inspection results are less than 90 percent.

3.5-b 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).

3.5-c 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.

3.5-d RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

4.1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

NONE

4.3 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.

4.4 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.

4.6 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.

4.7 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.

CLAUSES

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) 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)…