SF_1449_Pendola_Hand_Cut_and_Hand_Pile.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE

AG-9JGP-S-15-0114 05/29/2015

7. FOR SOLICITATION INFORMATION CALL:

CONTRACTING OFFICER

TECHNICAL REPRESENTATIVE

a. NAME

MATTHEW GAGNON

DANIEL ROSKOPF

b. TELEPHONE NUMBER(No collect calls)

530-478-6826

530-534-6500

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:

100 % FOR

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-

OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS:

SERVICE DISABLED EDWOSB

VETERAN- OWNED SIZE STANDARD:

SMALL BUSINESS 8(A)

USDA FOREST SERVICE

CENTRAL CALIFORNIA ACQUISITIONS

631 COYOTE STREET

NEVADA CITY 95959

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB

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.

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PENDOLA NORTH & SOUTH HAND CUT & HAND PILE

PLUMAS NATIONAL FOREST

See separate schedule sheet.

Contractor MUST be registered in the System for Award Management

(SAM) before award can be made.

Please provide the following information:

DUNS#_________________

TIN#___________________

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

Email offers are not authorized

Facsimile offers must be fully received by the due date and time.

Please plan accordingly.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

29. AWARD OF CONTRACT: REF.

OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED ____________________YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

MATTHEW GAGNON, CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

See schedule on next page.

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QTY 22. UNIT 23. UNIT PRICE 24. AMOUNT

PART 1: SCHEDULE OF ITEMS

SUPPLIES OR SERVICES AND PRICE/COSTS

PROJECT Pendola North & South Hand Cut & Hand Pile Service Contract

UNIT Region 5, Plumas National Forest, Feather River Ranger District.

SOLICITATION NO. AG-9JGP-S-15-0114

Pendola North Hand Cut & Pile Items

ITEM NO. DESCRIPTION

METHO

D OF

MEASUR

E UNIT QUANTITY UNIT PRICE TOTAL PRICE

Hand cut shrubs, conifers, and hardwoods from 1.0 to

9.0 inches DBH and hand pile slash and cover piles.

Applies to all Items and Units

Item 1 Unit - 4 GIS AC 178.6 Item 2 Not Applicable. - - - Item 3 Units – 5, 13, 14, 41, 72, and 378 GIS AC 44.6

Pendola South Hand Cut & Pile Items

Hand cut shrubs, conifers, and hardwoods from 1.0 to

9.0 inches DBH and hand pile slash and cover piles.

Applies to all Items and Units

Item 1 Units – 18, 20, 251, 256, and 355, GIS AC 65.7 Item 2 Units – 192, 193, 195, 341, and 370 GIS AC 70.6 Item 3 Units – 140a, 140b, and 346 GIS AC 39.7

TOTAL: $

NOTES 1.) Respondent must price each item to be considered for an award.

2.) Responses for quantities less than those listed may be rejected

3.) If award is made in excess of $30,000.00, bonds will be required.

4.) If response is greater than $150,000, include bid bond=20% of the total price.

5.) Following are abbreviation definitions from FP=03, Section 109 that may appear in the “Unit" COLUMN OF THE Schedule of Items;

AC=Acre, CQ=Contract Quantity, CY= Cubic Yard, EA=Each, GAL=Gallon, HR=Hour, LF=Linear Foot, LS=Lump Sum, MI=Mile, LB=Pound, SF=Square Foot, SY=Square yard, ST=Station, TON=Ton. CQ and LS will be measured and paid as stated in

FP-03,

Section 109-02. All other Units will be paid according to FAR clause 52.211-18, Variation in Estimated Quantity.

PRICE SUBMITTED BY:

Signature Phone

Vendor Name Fax

Address Email

SOLICITATION NO. AG-9JGP-S-15-0114

C1. DESCRIPTION OF WORK:

The intent of this contract is to secure services for manual or hand cutting and thinning of shrubs, excess conifers and hardwoods; hand piling of contractor created slash; and covering the hand piles within the Pendola Project area on the Feather River Ranger District, Plumas National

Forest. Estimated start date is July 15, 2015 and completion date is October 31, 2016.

In brief, the objectives of the project are as follows:

Improve Forest Health – Provide growing space for healthy trees by managing understory stocking, spacing and species composition.

Reduce fuel loading and continuity (both existing and created fuels).

To accomplish these objectives, the contract includes the following components: noncommercial hand cutting and thinning of shrubs, conifers, and hardwoods (i.e., tanoak) from 1.0 to 9.0 inches

DBH to a desired spacing, hand piling of slash, and covering the hand piles with water proof plastic sheeting.

C1.2 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.

C1.3 CONTRACTOR FURNISHED EQUIPMENT:

All equipment used within the contract stands shall be in such mechanical condition and of an appropriate type to meet with the requirements of the work and to produce and maintain a satisfactory quality of work. All equipment used will meet or exceed OSHA specifications.

C1.4 SITE VISIT/PREWORK MEETING

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

C1.5 PROJECT LOCATIONS:

The Pendola Handcut and Hand Pile contract is located on the Feather River Ranger District of the Plumas National Forest. Specifically, it includes the areas near Bullards Bar Reservoir and the community of Greenville.

The project is located in the following areas:

Township Range Sections

T. 18 N. R. 7 E. Sec. 3, 22, 23, 26

T. 19 N. R. 7 E. Sec. 32, 33, 34

Except for roads, all work shall be completed within boundaries flagged in blue with yellow tags facing into the units.

SOLICITATION NO. AG-9JGP-S-15-0114

Contractor can access project areas from Challenge, California, off of the Porte – Quincy

Highway via Roads 129 (Oregon Hill Road) and Forest roads 19N49, 19N09, and 19N00.

Maps and photos may indicate that a road goes to the unit location; however, vehicle access may be difficult or restricted. Unit locations may necessitate that the Contractor walks to the stand or acquire some other means of travel. The Government assumes no responsibility to maintain roads in a passable condition.

C1.6 DEFINITIONS

The following terms are defined for this contract:

Bole – Stem portion of a tree.

Conifer – A cone-bearing tree with needles or leaf scales (e.g. pine, fir, cedar).

Co-dominant Tree – A tree with the crown forming the general level of the crown cover and receiving full light from above, but comparatively little from the sides.

COR – Contracting Officer's Representative.

Crop Tree (Leave Tree) – Any crop tree without excessive damage, which has a live crown ratio of greater than 40%. The top shall not have a dead, broken, or forked top.

Crown – The part of the tree comprised of the branches, twigs and foliage, which carry on the majority of the photosynthesis. Live crown ratio is the percent of tree crown that supports live foliage effectively contributing to tree growth.

Crown Ratio – The ratio, expressed in percent, of live healthy crown to the total height of a tree.

For example, a 70-foot tall tree with 21 vertical feet of healthy crown would have a crown ratio of 30%.

Damaged tree – Any crop tree with one or more of the following injuries:

1. Any true fir that has any bark cut or removed to the cambium regardless of the amount.

2. Any other tree species that has bark cut or removed to the cambium from more than 10% of the circumference of the bole.

3. Any tree that has a broken, forked, or dead top.

4. Any tree with 25% or more of the live limbs or branches broken or removed by any operation.

5. Defects, which include sweeps in the bole and crooked boles.

DBH – Diameter at breast height; the diameter of a tree measured at a point 4-1/2 feet above the ground on the uphill side of the tree.

Drip Line – The line where moisture dripping from the extremities of a living tree’s crown strikes the ground.

Excess Tree – A tree that is left but should have been cut to meet spacing standards or trees-per-acre requirements.

Hang-up Tree – A cut tree suspended above the ground by a leave tree.

Handpile – Logging slash or material felled by chainsaw is piled by hand labor for burning.

Hardwood – A tree with broad leaves rather than needles (e.g., oak, madrone, etc.)

Leave Tree (Crop Tree) – Leave trees shall generally be those of greatest height, largest crown, and straightest, non-forked trunks that are free from insect, disease, physical and mechanical damage. The top will not be dead, broken, or forked. Select leave trees according to the following priority: (1) A live tree crown ratio greater than 40 percent, (2) Species preference in the following order: Ponderosa Pine, sugar pine, Jeffrey Pine, Douglas-Fir, Black Oak, incense cedar, and true fir.

Live Crown Ratio – The percentage of the live limbs in relation to the total tree height.

LOP – Limited Operating Period. The period during which the contractor cannot operate within specified time or days.

Natural Stands – Unplanted stands, having a variety of tree species and trees of differing ages.

Plantation Stands – Planted stands of even-aged conifers

Residual Tree or Leave Tree – Tree(s) to be left standing and undamaged that comprise the stand following the Contractor’s operations. A leave tree is determined by both spacing and vigor of existing conifers. See Leave Tree.

Shrub – A woody plant at least 12 inches tall, distinguished from a tree by having several stems rather than a single trunk. Shrubs do not include hardwoods or conifers.

Slash – All debris resulting from operations including stems, limbs, tops of trees, and brush.

Soil Test for Operations – Operations may occur when soil is dry; that is, soil moisture in the upper 8 inches is not sufficient to allow a soil sample to be squeezed and hold its shape, or will crumble when the hand is tapped. Operations may also occur when the ground is frozen to a depth of 5 inches, or snow depth is at least 18 inches or machine compacted to 8 inches.

Spacing – The horizontal distance from the bole of one leave tree to the bole of the nearest leave tree.

Streamside Management Zone (SMZ) – Riparian area protected during logging, mechanical treatments, and site preparation; contains natural debris and vegetation.

Suppressed Tree – Any tree with less than 30% of its total height in live green crown or with less than 4 inches of current leader growth.

True fir – This classification refers to the conifer species red fir and white fir.

C2. SPECIFIC WORK REQUIREMENTS:

Desired Outcome – This project requires stand density management through the process of manual hand cutting shrubs and conifers of 1.0 - 9.0 inches DBH. Spacing of residual conifers and black oaks would be approximately 18 feet to 22 feet (i.e., 90 – 134 trees per acre) to allow retention of the healthiest, largest and tallest conifers and black oaks and avoid creating openings. Contractor-created slash would be piled according to specifications in

C2.3 and the piles would be covered with 6 mil water proof plastic sheeting.

The technical specifications are based on the overall composition and condition of the stand, and are intended to be guidelines for achieving a high quality final product in a professional manner. Contractor is expected to use knowledge to identify and adjust to variations within the stand.

Work Items

Item

Total Unit Acres

Special concerns

North - Item 1 178.6 Limted Operating Period

North - Item 2 NA NA

North - Item 3 44.6 NA

South - Item 1 65.7 NA

South - Item 2 70.6 NA

South - Item 3 39.7 NA

TOTAL ACRES 399.20

Conduct precommercial thinning or pruning operations from June 1st through October 31st to minimize the buildup and subsequent damage of slash breeding insects, such as the pine engravers (lps spp.), to the residual stand.

C2.1 HAND CUTTING AND THINNING TREATMENT

A. Contractor shall follow the guidelines below by cutting all damaged trees and shrubs less than 9.0 inch DBH that don’t meet the Standards for leave trees and by cutting surrounding brush.

1. Leave any tree which is closer than its height to a live stream course, pond, bog, or hollow.

2. Leave all Pacific Yew trees (Taxus brevifolia) and Willow (Salix) trees. These trees will not be considered in spacing requirements or in trees-per-acre counts.

3. Space the leave conifers and black oaks at approximately 18 to 22 feet by cutting surrounding brush and trees.

4. Allow retention of the healthiest, largest, and tallest conifers and black oaks.

B. Contractor shall leave all conifers that are larger than 9.0 inches

SOLICITATION NO. AG-9JGP-S-15-0114

C. Contractor shall select additional leave-trees, from those live conifers at least 18 inches tall and up to the maximum cut DBH to achieve average spacing of 18 to 22 feet, by cutting surrounding brush and trees.

1. Leave-trees shall be the healthiest, most vigorous, and best-formed trees of the preferred species in the stand, as evidenced by the tallest height, largest crowns and crown ratios, straightest stems, and the least amount of damage or disease.

2. The leave-tree spacing is an average and shall be varied up to 10 percent (wider or tighter) to leave the most desirable trees. It is more important to leave the best trees, than to have uniform spacing. Averaged over the stand, leave tree spacing shall not be materially increased or decreased from what is specified.

3. Leave-trees shall be selected within the order of species preference. Favor leaving species such as ponderosa pine, sugar pine, and black oak where available. Otherwise leave Douglas-fir, incense cedar, white fir, madrone, or tanoak. This order of preference only applies if the trees are free of damage or defect. In most cases tree vigor will help determine which trees will best inhabit the site.

4. Where undamaged trees are not available, select leave-trees with the least amount of damage.

5. Species preference compensates somewhat for minor differences in size or quality. For example, a smaller but otherwise equal quality ponderosa pine which is 2/3 the height of a Douglas-fir should be left rather than the Douglas-fir.

C2.2 SLASH TREATMENT

No additional payment will be made for slash treatment. The contractor shall not start a new unit until all of the slash work on the previous unit is completed.

A. Leaners/Hang-ups – No contractor-created slash shall be left suspended by, or lean against, a leave tree whether it is dead or alive.

B. Slash pull back – Contractor-created slash shall be pulled back from the following areas:

1. Roads – No slash shall be left within 5 feet of the outside edge of the road shoulders.

In areas with cut and fill construction, this distance shall be measured from 5 feet beyond the top of the bank to 5 feet beyond the point where the shoulder meets the fill slope (i.e., hinge point of road shoulder and fill slope) (Figure 1). All open roads shall be kept free of thinning slash.

Figure 1. Slash Pull Back

2. Cultural Resource or Botanical Sites – The Contractor shall notify the COR of any suspected cultural resource or botanical sites prior to working the area. If slash is felled onto these sites, the Contractor shall discontinue work in the general area until the COR has been notified.

3. Streams and wet areas – No slash shall be scattered or piled within 25 feet of any stream course or water features:

Streams, ponds, meadows, bogs, or wallows

4. All Other Improvements – No slash shall be scattered or piled within 10 feet of any physical improvements:

Private Land

Fire Lines - No thinning slash shall be left in existing fire lines.

Unit boundaries

C2.3 - HAND PILING AND COVERING TREATMENT

Contractor must purchase 6 mil water proof plastic sheeting. Contractor-created thinning slash shall be piled.

A. Pile location – Piles shall not be placed on roads, control areas, or drainage ditches.

Piles can not be located on or against stumps, logs, or rocks larger than 24 inches in diameter.

1. Piles shall not be placed within 25 feet any intermittent or perennial stream, springs, bogs, or wet meadows.

2. Piles shall not be placed within 10 feet of roads, property boundaries, improvements such as buildings, fences or road signs, or unit boundaries.

3. Piles can not be placed below phone or power lines. Piles shall be at least 25 feet horizontal distance from secondary powerlines and at least 100 feet from furthest outside strand of high power transmission lines.

4. Piles shall be constructed in natural openings wherever possible. Material may have to be moved up to 25 feet to find a natural opening. Where there are no natural openings and tree stocking is dense, an opening may be created. Piles

SOLICITATION NO. AG-9JGP-S-15-0114

shall be placed away from residual trees to avoid being scorched during burning

(Figure 3).

B Pile construction – Piles shall be kept to a reasonable size and usually no larger than 6 feet tall, 8 feet wide and 8 feet long. Piles shall be compact and constructed only of flammable material, to promote complete and efficient combustion. All piled material shall be horizontal and aligned parallel together tightly (Figure 2). Trimming of material may be required to achieve a compact, stable pile. Materials treated shall not protrude more than 1 foot beyond the pile’s general contour. When this occurs, piles shall be trimmed so protruding material is less than 1 foot beyond pile’s general contour.

C. Pile Covering – Each pile shall be covered with a water proof plastic material that is a minimum of 6 millimeters thick and covers at least 75 percent of the diameter of the pile.

The covering shall be placed in the upper 1/2 of the pile and weighted down to assure the covering is not blown off. The covering shall be stretched out to its full extent and the corners secured to the pile by tying the ends or placing larger slash material on top of the covering (Figure 2). Covering shall be done at the time of piling.

D. Firelines – shall be constructed around each UNIT at least 24 inches wide down to mineral soil, removing all burnable material. All material from fireline construction shall be pulled to the outside edge of the fireline. Fireline shall be free and clear of overhanging brush and vegetation. Fireline will need to be walkable. Paved and county roads are acceptable tie-in/anchor (start and finish) points for firelines.

HAND PILE ILLUSTRATION

Figure 2 – End View

Figure 3 – Side View

All material from fireline construction pulled to the outside edge of the fireline.

1. Stack away from trees so they won’t be scorched during burning.

2. Stack large material with ends pointing upslope.

SOLICITATION NO. AG-9JGP-S-15-0114

3.0 RESOURCE PROTECTION

3.1 LIMITED OPERATING PERIODS (LOP)

The Contactor shall adhere to limited operating periods within those units specified on the

Schedule of Items. The LOP is that period during which the Contactor shall not operate within the specified unit. If surveys are completed and no presence is detected, then the LOP may be waived.

Item Unit Number Limited Operating Period North -Item 1. - Unit 4 If Nesting and/or Young documented within Unit March 1 through July 15

South - Items 1, 2, 3 If Nesting and/or Young documented within Unit March 1 through July 15

A. If new species are listed on the Endangered Species List or Forest Service Sensitive species are discovered within or adjacent to the Project Area, within an area in which they may be adversely affected by activities, a limited Operating Period (LOP) will be added as recommended by a qualified biologist, as appropriate for the species. If current protection measures prove inadequate, if other such areas are discovered, the FS may unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be reported within 24 hours to the other party.

B. If management objectives cannot be met by implementing the LOPs identified, a qualified wildlife biologist may be consulted to determine more specific areas and kinds of activities that may be pursued. The biologist may recommend removing LOPs if sufficient information is provided by additional surveys or new information arises.

3.2 IMPROVEMENTS

Contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees. If any of these are destroyed, obliterated, or damaged during Contractor’s operations, Contractor shall hire the appropriate county surveyor or a registered land surveyor to reestablish or restore at the same location the monuments, corners, or accessories. Such surveyors shall use procedures in accordance with the Bureau of Land Management Manual of

Instructions for the Survey of the Public Land of the United States for General Land Office surveys, and in accordance with the state law for others. Contractor shall record such survey in appropriate county records.

3.3 RESTRICTIONS ON WORK

Work will occur in accordance with the Plan of Operations approved by the Contracting Officer.

Work may be performed at any time during the period of the contract with the following exceptions:

(1) In accordance with the fire plan;

(2) When the COR has determined that adverse weather has made access too dangerous; and

(3) When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer authorizes a total suspension until such winter weather has passed and work can proceed.

The Forest Service shall determine when operations are allowable due to soil moisture conditions. This is necessary to avoid operations on saturated soils.

(4) Conduct precommercial thinning or pruning operations from June 1st through October 31st to minimize the buildup and subsequent damage of slash-breeding insects, such as the pine engravers (lps spp.), to the residual stand.

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

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

E.1 Quality Control Plan

The Contractor shall conduct inspections on all units in accordance with his/her Quality Control

Plan (QCP). The Contractor’s Quality Control Plan shall be submitted and accepted by the

Government prior to any work starting.

E.2 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 may or may not be considered final and do not necessarily 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.

http://www.arnet.gov/far/

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.

E.2-1 Sampling (Government’s inspection system)

[ X] Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

[ ] 1/250 acre

[ ] 1/100 acre

[X] 1/50 acre

[ ] 1/10 acre

[ ] other (specify)

Each unit shall be inspected separately and inspection results shall not be averaged with those of other units. The Government will accept a unit when all work has been completed and formal and informal inspections show that all work specifications have been met.

[ ]Transects.

[]Other (specify)

E.2-2 Specific Inspection Procedures

Handcutting and Thinning Treatment

a. Tree selection by size, health, damage, species, and dominance

b. Average spacing of 18 to 22 feet between residual trees (i.e., 90 to 134 trees per acre)

Slash Treatment

a. No Leaners or Hang-ups

b. Slash pull back from roads and other listed areas

After inspection of all plots for a unit, the quality of hand thinning and slash treatment shall be calculated as follows:

(Total Number of acceptable plots)

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

(Total Number of plots)

Hand Piling and Covering: Each plot will be examined and the findings recorded, as listed below:

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

b. Pile height (less than 6 feet), size (less than 8 wide and 8 feet long), and compactness

c. Covering Piles (75 percent covered and securely anchored)

d. Fire lines (24 inches wide) constructed around Unit.

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

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

E.3 Acceptance Work on this contract will be deemed acceptable when the Government’s final inspection meets the Quality Standard or Acceptable Quality Level without dispute by the Contractor, or when the

Contractor accepts the Governments’ final inspection at a lesser AQL s specified in E.3-1.

Work on this contract will be deemed acceptable when the government’s plot inspections show acceptable quality or when actual sample plots indicate a quality of 90% or better.

E.3-1 Acceptance Level Quality Standard: The Contractor’s performance shall be measured through compliance inspection and formal inspection. Work with a quality of 90% or greater, as determined by

Government inspections, will be accepted at full payment.

Acceptable Quality Level: Units that have a Government inspection quality of 90% or better will be paid at the full bid rate. Work falling below this level will be considered unacceptable and must be reworked at the Contractor’s expense.

Minimum Quality Level: Quality below 90% on any unit is not acceptable. The minimum quality level for payment is stated within Section G. At the option of the COR with contractor’s agreement, payment may be made on a graduated pay scale, or shall require rework 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.acquisiton.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing

The Contractor shall begin work within 10 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

North - Item 1 July 15 Complete by October 31, 2016

North - Item 3 July 15 Complete by October 31, 2016

South – Item 1 July 15 Complete by October 31, 2016

South – Item 2 July 15 Complete by October 31, 2016

South – Item 3 July 15 Complete by October 31, 2016

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.

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.

http://www.arnet.gov/far/

G.1 Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

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

Proceed.

B. [ ] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

G.2 Measurement Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

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

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] 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 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.

G.3 Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the

Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

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

B. [ ] Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

C. [ ] Liquidated damages will be charged as follows:

Contract Release. The following supplements the Payments clause:

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).

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 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 point of contact (POC) established in your SAM account. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

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.

G.4 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.

The government shall furnish the following under this contract:

1. Contract Unit maps.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/

COMMERCIAL ITEMS FAR 52.212-4 (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.

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(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.

SOLICITATION NO. AG-9JGP-S-15-0114

(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

SOLICITATION NO. AG-9JGP-S-15-0114

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

SOLICITATION NO. AG-9JGP-S-15-0114

(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.

SOLICITATION NO. AG-9JGP-S-15-0114

(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…