Upper_Truckee_Hand_Thinning_Solicitation.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

6-26-2015

Donald Tinsley

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

8. OFFER DUE DATE/ LOCAL TIME

July 16, 2015 4:30 PM

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS

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HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:115310

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SERVICE DISABLED FORMCHECKBOX

EDWOSB

VETERAN- OWNED SIZE STANDARD19.0 million:

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8(A)

Central California Acquisition Service Area 631 Coyote Street

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

Lake Tahoe Basin Management Unit

See separate schedule sheet.

Contractor MUST be registered in the System for Award Management

(SAM) before award can be made.

Please provide the following information:

DUNS#_________________

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

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

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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

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FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

SOL. #

ITEM NO.

piling

piling

Continued on next page

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

3. South Shore (SS) units are Item 1 and Aspen Units are Item 2

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

Scope of Contract

Description of Work: The intent of this contract is to secure services to pre-commercially thin trees, remove encroaching conifer from aspen stands, fell snags, and hand pile activity fuels and down logs in conifer/aspen stands. Work activities are to be accomplished utilizing hand-held or manual equipment.

The project area consists of 275 acres with a contract length of 2 seasons. It is expected that the contractor shall begin work on this contract within ten (10) days of award of this contract.

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

Project Location & Description

Location: The project is located within the Lake Tahoe Basin Management Unit in the South Shore area of Lake Tahoe. The project area consists of five areas: 3 units in the Spring Creek Residence Tract west of Hwy 89; 2 units in the Heavenly Valley area next to Heavenly Ski Resort; 3 units in the Osgood Swamp area north of Hwy 50; 5 units in the southern Christmas Valley along Hwy 89; and 2 Units in the Upper Meiss Country along the Meiss Meadow-Round Lake Trail 18E05 which have a 2.5 mile hike in from the Big Meadow trailhead off Hwy 89, Luther Pass area. See the vicinity map (Exhibit A) and project area maps (Exhibits A-1 thru A-13). Maps are general in nature and are not to be considered as definitively identifying locations.

This contract does not describe work locations in detail. The technical contact listed may be called to verify information and to arrange a time to view it if requested. Photocopies of stand cards will not be made available, but are available for viewing only if requested. Verbal information--which would not be binding in any event--will not be provided.

Description: The project areas consist of broken topography dominated by slopes ranging from 0 to 70 percent. Due to the nature of the broken topography, it is expected that hand-held equipment will be used on all units. The project area is comprised of 13 units; ten units with 2 separate bid items for each unit, and three units with 2 different bid items. Maps are attached as Exhibits A-1 to A-13 showing the location of the unit boundaries, and a vicinity map (Exhibit A) showing project locations within the Lake Tahoe Basin.

Exterior boundaries of all units are marked on the ground with blue/pink flagging and painted with either orange dots, one facing into the unit and one facing each direction of the boundary. Yellow and black cutting unit cards are placed at each corner and intermittently along the boundary indicating the Unit label number and contract name.

Streamside pile exclusion areas are marked on the ground with red and black-striped flagging. No piling is allowed within streamside pile exclusion areas. Units with hazardous fuels reduction treatments with perennial and intermittent stream channels have a pile exclusion area of 50 feet in width, and ephemeral stream channels are 10 feet width. Aspen treatment units with perennial and intermittent stream channels have a pile exclusion area of 50 feet in width, and ephemeral stream channels have a pile exclusion area of 25 feet in width. The general location of most perennial and intermittent stream channels are shown on Project Maps, however some ephemeral channels are not shown.

Protected historical sites are marked on the ground with blue and black-striped flagging. There is no piling allowed within or on these sites.

In areas with specified trails (Tahoe Rim Trail 19E00), there will be no piling within 20 feet of the trail or as agreed to by the COR, and all stumps will be flush cut to 2 inches height, or as agreed to by the COR, within 15 feet of the trail. For all other trails (18E05, 18E05A ), there will be no piling within 10 feet of the trail, and all stumps will be flush cut to 2 inches in height, or as agreed to by the COR.

Refer to Project Maps and for detailed information on unit specific flagging locations. Stand cards for each unit are available for viewing if requested.

Item 1 – Units 44, 45, 51, 92, 97, 126, 139, 1139, 209, 210, 1097: Fuels reduction (see also C.8-1.1, C.8-1.2, C.8-1.3, C.8-1.6, C.8-1.7), conifer thinning is comprised of 255 acres of ground that is all workable with hand-held equipment. Work consists of cutting live conifer trees up to the specified diameter limit and a specific spacing range, and the felling of snags up to a specified DBH (see Table 1 – Summary of Treatment Specifications). Apply a California registered Borate compound to all stumps ≥ 14” diameter.

Item 2 – Units 44, 45, 51, 92, 97, 126, 139, 1139, 209, 210, 1097: Slash Treatment (see also C.8-2.1 and C.8-2.2) is comprised of 255 acres of hand piling of contractor-generated slash, and the bucking/piling of existing downed tree boles material up to a specified diameter (see Table 2 – Summary of Slash Treatment Specifications).

Item 3 – Units CV02, CV07, CV09: Aspen improvement (see also C.8-1.4 and C.8-1.5), conifer removal is comprised of 20 acres of ground that is all workable with hand-held equipment. Work consists of the cutting of all live conifer trees up to the specified diameter limit, and felling of snags up to a specified DBH (see Table 1 – Summary of Treatment Specifications). There is a 2.5 mile walk in requirement for Units CV07 and CV09. Apply a California registered Borate compound to all stumps ≥ 14” diameter.

Item 4 – Units CV02, CV07, CV09: Aspen Slash Treatment (see also C.8-2.1, C.8-2.2, and C.8-2.3) is comprised of 20 acres of hand piling of contractor-generated slash and the bucking/piling of existing downed tree boles up to a specified diameter (see Table 2 – Summary of Slash Treatment Specifications). Units must be piled to meet the SEZ piling specifications.

Exclusions (Non-Work areas): Within the bid-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, wet areas, streamside buffers, and other special areas. The CO will designate non-work areas. When areas are deleted from the task order by mutual agreement, payment will not be made for non-worked areas that are greater than one (1) acre in size.

Maps

Maps showing the general vicinity and/or specific work areas are included in this contract. Maps are general in nature and are not to be considered as definitively identifying locations. The size, shape, and location of the contract units were mapped utilizing Global Positioning Satellite (GPS) technology, and processed using Geographic Information Systems (GIS).

Estimated Start Date & Contract Task Order Time Start: July 15th, 2015 or actual award date Time: Contract to be completed within 161 days of contract time, within two operational seasons.

Restrictions on Work

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

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

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. Forest roads will not be used for access if such use will result in the road being rutted to a depth of greater than or equal to two inches over more than 10% of the length of the road (measured on a mile by mile basis).

3. Wildlife Limited Operating Period (LOP): Units 139, 1139, 209, 210 (Feb 15 – Sept 15)

4. In accordance with the Plan of Operations approved by Contracting Officer.

5. Chainsaw Operations (thinning) are limited to the hours of 8 am to 6 pm Monday thru Sunday, unless otherwise agreed to by the COR.

6. Location of areas needing special measures for protection of plants or animals are shown on individual unit maps and identified on the ground with blue and white-striped flagging where possible. If a Limited Operating Period is needed for such protection, the dates of restricted activity are shown on individual unit maps. If protection measures prove inadequate, if other such areas are discovered, or if new species are listed or found during the term of the contract, the Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

7. No work on Federal Holidays

Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents). Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the task order may be terminated for default in accordance with the clause governing default (termination for cause).

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.

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

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) Technical Requirements

C.8-1 Thinning Specifications

C.8-1.1 Conifer Thinning-Fuels Reduction Treatment: For Item 1, treatments are designed to improve forest health through thinning of conifer forests and reduction of hazardous fuels by modifying the quantity and arrangement of live and dead forest fuels to reduce fire size, fire intensity and fire severity. The method to accomplish thinning includes hand felling or cutting with chain saws. Tree thinning in this contract is defined by selection of cut trees (C.8-1.2) and selection of leave trees (C.8-1.3).

C.8-1.2 Selection of Cut Trees: For Item 1, cut all excess conifers greater than 20” in height and less than or equal to specifications in Table 1 under “Live Conifers Designation by Description” and “Spacing range for Leave Trees”. Cut all dead conifers up to 20” DBH. Dead conifers over 20” DBH will not be cut unless approved by the COR.

C.8-1.3 Selection of Leave Trees: For Item 1, leave trees shall generally be those of tallest height, largest crown, straight bole, and greatest vigor that are free of damage due to insects, disease, physical, and mechanical causes. Select leave trees using the following hierarchical criteria:

1. Leave all damaged or undamaged conifer trees, which exceed the diameter limit listed in Table 1 – Summary of Treatment Specifications.

2. Leave all hardwood trees (Aspen).

3. Select leave trees from healthy undamaged conifers less than or equal to the specified diameter limit in order to achieve desired spacing.

4. If no healthy undamaged tree exists at the required spacing interval, leave the best tree with the least damage.

5. Species selections preference for leave trees shall be:

a. Mountain Hemlock

b. Sugar pine , Western White pine, and other white pine

c. Western Juniper

d. Jeffrey /ponderosa pine

e. Incense Cedar / Red fir

f. White fir,

g. Lodgepole pine.

6. Select taller trees with good form (e.g. straight bole, good vigor (>30% crown ratio, no visual evidence of insect or disease (i.e. Mistletoe)) while maintaining existing species composition.

7. Leave the bigger of two trees that are healthy, and of same species

8. Do not cut any Western Juniper in Aspen Units C.8-1.4 Aspen Improvement – Conifer Removal Treatment: For Item 3, treatments are designed to remove competing conifer from the stand that will increase aspen vigor and health, and provide opportunities for aspen regeneration and stand expansion. The method to accomplish removal includes hand felling or cutting with chain saws. Conifer removal in this contract is defined by selection of cut trees (C.8-1.5).

C.9-1.5 Aspen Improvement - Selection of Cut Trees for Removal: For Item 3, cut all conifer greater than 15” in height and less than or equal to the specifications in Table 1 under “Live Conifers Designation by Description”. Cut dead conifers as specified in Table 1 under “Dead Conifers Designation by Description”. Dead conifers over 20” DBH will not be cut unless approved by the COR. Trees shall be felled so as to avoid damage to residual trees, and felled away from stream channels.

Table 1 – Summary of Treatment Specifications

Treatment

Unit

Designation by Description

All up to 18” DBH

Note: Apply a California registered Borate compound to all stumps ≥ 14” diameter.

C.8-1.6 Stump Height (Removal of live limbs) and Post Treatment: All conifer trees that meet designation by description greater than 20 inches in height, other than leave trees, shall be cut. White or red fir and all trees under 1 inch stump diameter which are cut will be cut below the lowest live limb unless prevented by a natural obstacle. Stump heights for all cut trees shall not exceed 6 inches above ground level or 4 inches above natural obstacles. Stumps within 15’ of specified trail (Tahoe Rim Trail 19E00) must be cut flush to within 2” of the ground, or as agreed to by the COR. Stumps within 10’ of specified trails (18E05, 18E05A) much be cut flush to within 2” of the ground or as agreed to by the COR. Apply a CA registered Borate compound to all stumps ≥ 14” diameter.

C.8-1.7 Felling: Cut trees shall be felled away from unit boundaries, structures, roads, power lines, established trails, driveways, fence lines, established land corners, archeology sites and stream channels. Any trees falling on such areas shall be removed immediately and damage shall be repaired to pre-damage condition at the expense of the Contractor. Trees shall be felled so as to avoid damage to residual tree. If the Contractor feels falling difficult trees is unsafe, notify the COR.

C.8-2 Slash Treatment and Piling Specifications

C.8-2.1 Bucking: For Item 2, Units 44, 45, 51, 92, 97, 126, 139, 1139, 209, 210, 1097, CV02, CV07, CV09, felled trees, snags, and existing down logs and limbs shall be cut into 5ft lengths from the butt end for piling. See Table 2 – “Summary of Slash Treatment Specifications” for bucking specifications. Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (little to no bark left intact) shall not be bucked. All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree. For dead conifer between 15” and 20” DBH at time of felling, no bucking of tree is required.

C.8-2.2 Piling: For Item 2, Units 44, 45, 51, 92, 97, 126, 139, 209, 210, 1097 hand pile all contractor-generated slash and existing down log bole material that is smaller than the diameter specified in Table 2 – “Summary of Slash Treatment Specifications”. Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (little to no bark left intact) shall not be piled. For dead conifers between 15” and 20” DBH at time of felling, do not pile any part of the tree.

For Unit 1139, piling of contractor-generated slash and existing down bole material will need to occur in existing open areas or areas that are created by tree removal (see Table 1 specifications). Piles need to be outside of the crown drip lines of residual trees, or as agreed to with COR. Larger piles are allowed in these areas as long as they are outside of the crown drip lines of residual trees, or as agreed to with COR.

C.8-2.3 Aspen Piling: For Item 4, Units CV02, CV07, and CV09, pile all contractor-generated slash and existing bole material. To the extent feasible based upon ground conditions, place piles in a non-linear pattern while maximizing the distance between piles to a range of 20 to 10 feet between piles, or as agreed to by COR. No piles allowed within stream buffer exclusion areas.

Table 2 – Summary of Slash Treatment Specifications

B, D = 10”dia A, C, E = pile all;

B, D = 10”dia No piling 50’ Perennial / Intermittent; 25’ Ephemeral

C.8-2.4 Pile Exclusions: For Item 2 and 4, piles shall not be located within pile exclusion areas: This includes areas within 30’ of structures/cabins, buffered stream channels, identified sensitive areas, and archeological sites. Remove all slash and existing down conifer bole material specified in Table 2 – “Summary of Slash Treatment Specifications”, and piled outside the exclusion area.

Pile Exclusion Widths, Stream Channels and Sensitive Areas: In all thinning units, all perennial and intermittent stream channels have a pile exclusion area of 50 feet in width and ephemeral stream channels have a pile exclusion area of 10 feet in width, from the edge of the channel. In aspen units, all perennial and intermittent stream channels have a pile exclusion area of 50 feet in width and ephemeral stream channels have a pile exclusion area of 25 feet in width, from the edge of the channel. Around all structures, there is a piling exclusion of 30 feet. Exclusions are marked on the ground with red and black striped flagging. The general location of most perennial and intermittent stream channels are shown on Project Maps, however some channels may not be shown.

In areas with specified trails (Tahoe Rim Trail 19E00), there will be no piling within 20 feet of the trail or as agreed to by the COR. For all other trails (18E05, 18E05A, 17E33), there will be no piling within 10 feet of the trail or as agreed to by the COR.

Archeological Site Exclusions:

Protected historical sites are marked on the ground with blue and black striped flagging, no piling is allowed within or on these sites.

C.8-3 Contractor-Furnished Equipment and Supplies:

Any hand held mechanical equipment (i.e. chainsaws, etc.) necessary to complete the project shall be provided by the contractor. Use of motorized equipment other than hand held equipment such as power saws will not be permitted off designated roads in the project area without approval of the Contracting Officer or his representative. All power saws or any internal combustion engine will require a Forest Service approved spark arrestor.

C.8-4 Government-Furnished Property

None.

C.8-5 Public Safety

Contractor is responsible for warning the public of dangerous operations occurring at the job site, especially along roads and trails. Methods used may include, but are not limited to posting warning signs and using lookouts to warn the public of tree falling activities.

C.8-6 Salvage Rights None.

C.8-7 Road Maintenance:

All gates that are opened to access units need to be closed after passing through. All cut vegetation shall be kept within unit boundaries. Any cut vegetation falling into ditches, road banks, landings, waterways, or adjacent units shall immediately be removed. No payment shall be made for items not meeting this specification.

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:

1/50 acre

Specific Inspection Procedures

2.1: Work will be accepted for payment on the basis of a final inspection and passage of specification C.8-1 and C.8-2. The Government will inspect for compliance of specifications. Plots will be located throughout the sub-items so as to obtain a representative sample of the area. Sub-items will be inspected separately and not combined for the purpose of determining percent of satisfactory work.

2.2: A series of 1/50-acre plots (16.7 foot plot radius) distributed over the entire unit sufficient to yield at least a one-half of one percent sample (0.5%) will be taken. Plot centers will be marked.

2.3: On each plot the Contracting Officer Representative will record the plot number, whether the plot is satisfactory or un-satisfactory and the reason if un-satisfactory. Each plot will be examined to record findings on the items in "1" through "5" listed below. To be considered satisfactory these items must meet the following criteria:

1. Number of leave trees that should have been left per specification C.8-1.3. A maximum of four well-spaced undamaged leave trees over the diameter limits specified in Section C-Table 1 will be counted per plot.

2. Total number of trees that were left. Sugar/western white pine and Juniper, damaged trees and undamaged trees over the diameter limits specified in Section C- Table 1 greater than 4 per plot will not be counted.

3. Number of missing leave trees (#1 minus #2).

4. Number of excess trees (#2 minus #1).

5. Plot result - pass or fail and reason (based on E.2.3.1 through E.2.3.5).

2.3.1: Upon inspection of all plots per sub-item, the quality of thinning spacing shall be calculated as follows:

1.00 - (# of missing leave trees) + (# of excess trees) x 100= % Quality

(# of leave trees that should have been left)

2.3.2: Each plot will be examined to see if the desired species and spacing for the unit has been met in relation to Section C-Table 1 and C.8-1.3. If it is determined within a plot that a quality tree meeting the desired species and spacing goal for that unit has been cut, in favor of a lower priority species, then the plot will fail.

2.3.3: No Aspen or Juniper shall be cut (unless designated by COR)(see Specification in C.8-1.3); if one or more are cut within a plot, the plot will fail.

2.3.4: No live limbs may exist on any of the remaining White Fir or Red Fir cut stumps nor any stump under 1 inch diameter and no stump shall exceed the limits set forth in Specification C.8-1.6. Any live limbs on a White Fir or Red Fir stump or any stump under 1 inch diameter or if a stump height requirement is exceeded within a plot, the plot will fail.

2.3.5: All contractor generated slash and existing downed material has been bucked and piled according to specification C.8-2. Un-piled contract generated slash will fail the plot. Piles shall not exceed limits set forth in C-.8-2.2 and C.8-2.3. No piled thinning slash will be allowed within SEZ's (see Specifications C.8-2.4); any thinning slash that is piled within an SEZ will fail the plot.

2.4 Inspection calculations.

2.4.1: Specification E.2.3.1 will be calculated over the entire sub-item. An 85% or greater must be achieved utilizing the formula to be considered acceptable.

2.4.2: Specifications E.2.3.2 through E.2.3.5 will be calculated at each plot and assessed as a pass or fail. At the end of the inspection, these will be calculated into a percentage representing the number of passing plots as compared to the number of plots taken. The plots must show 80% or greater to be considered acceptable.

2.4.3: The final calculation to determine the overall acceptance will be computed by taking the average of the percentage in 2.4.1 and the percentage in 2.4.2.

3 Acceptance Work on this contract will be deemed acceptable when the quality of work is 85 percent or above as is calculated in 2.4. If overall percentage is greater than or equal to 80%, payment will be made according to specification (Payments) with no rework.

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

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

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

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

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

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is estimated from July 15th, 2015 thru July 15th, 2016

Performance Period

Time on this contract begins on the date of award and shall last thru the contract period of 163 days, unless a contract time modification is authorized by the CO. All work shall be performed and completed within the time period identified in the contract.

Work Days

The actual performance time needed to complete this contract will be listed in the solicitation and includes weekends, and adverse weather and ground conditions. In order to ensure timely completion, contractor shall begin work by July 15th, 2015 or show cause why the contract should not be terminated.

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.

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.

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

Measurement

Methods of Measurement.

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

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

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:

Payment will be made in full if inspection results are 85 percent or higher. If inspection results are below 85 percent, a deduction will be made equal to 2 percent for every 1 percent below 85. For example, if inspection results are 83 percent, the bid price would be reduced by 4 percent. No payment will be made if results are less than 80 percent.

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

Before final payment will be made, the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted 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).

Payment will be made from Contractor's invoice thru the Invoice Processing Platform.

GOVERNMENT-FURNISHED PROPERTY

NONE

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.

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.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.