Dutch_Salavage_Manual_Release_Sol.docx

Dutch Salvage Manual Release

AG-9JGP-S-16-0035

DATE

March 21, 2016

7. FOR SOLICITATION INFORMATION CALL:

Contract

a. NAME

O’Laine Martinez

b. TELEPHONE NUMBER(No collect calls)

530-478-6823

8. OFFER DUE DATE/ LOCAL TIME

April 20, 2016 3:00 PM

9. ISSUED BY CODE

10. THIS ACQUISITION IS |_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

|X|SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS

|_| HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS: 115310

|_| SERVICE DISABLED |_| EDWOSB

VETERAN- OWNED SIZE STANDARD:

SMALL BUSINESS |_| 8(A) 19 million

USDA Forest Service Central California Acquisition Service Area Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| 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.

|X| SEE ADDENDUM

Dutch Salvage Manual Release Mt.Hough RD,Plumas National Forest

See separate schedule sheet.

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

Contractor MUST be registered in the System for Award Management (SAM) before award can be made.

Please provide the following information:

DUNS#_________________

TIN#___________________

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

See page 62 for site visit information

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

B-1CONTRACT ADMINISTRATION DATA (Continuation from 1449, blok 18A) Work Timing AGAR 452.111-74 Period of Performance (Feb 1988) The period of performance of this contract is from May 9, 2016 through June 15, 2016 (38 Days) Base only. Up to 58 days more if all options are awarded.

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.

ACKNOWLEGEMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope Of Contract Description of Work: The intent of this contract is to secure services for manual release of conifer seedlings planted within the Dutch Fire Salvage area. The areas to be treated were burned by wildfire in 2012 and were salvage logged and site prepped before planting in 2015. The units have varying degrees of burned trees, hardwood, and brush, much of which has re-sprouted. Manual release for survival will be accomplished by grubbing competing vegetation within a fixed radius of surviving conifer seedlings, both planted and natural.

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.

C.2 Project Location & Description Location: The project is located on the Plumas National Forest, Mt. Hough Ranger District, and within the Chips Fire area, approximately 2 to 5 miles south and east of Canyondam, CA. The legal location of this project is T. 26 N., R. 8 E., Sections 5-8, 17 and 20; T. 27 N, R. 8 E., Section 30; and T. 26 N., R. 7 E., Section 1.

Description: Treatment units can be identified at the most accessible corners by “Boundary of Contract Area” signs and by yellow flagging printed with the words “SILVICULTURE BOUNDARY”. The unit boundaries are identified by orange paint with blue flagging.

Exclusions (non-work areas): are identified by red and black striped flagging, blue and black striped flagging, and orange flagging printed with the words “NOXIOUS WEEDS”.

Accessibility: Work areas are accessible by 2-wheel drive in dry conditions, but may require 4-wheel drive during wet weather/spring conditions.

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

C.3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start: Estimated start work date is May 9, 2016.

Time: Contract Time is 38 Calendar Days for Item1. Additional time will be appended for award of Option Items, up to 58 days for all 7 Items.

See also Section F

C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if 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.

C.6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract does n 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.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will not be pppermitted 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) C.8 Technical Requirements C.8-1 Definitions Conifer - A live tree with needle shaped or scaled leaves

Grubbing - The cutting of specified vegetation and its roots below the root crown and within a specified distance from planted conifers

Grub Circle - A circle with a specified radius that is centered on planted conifers. All vegetation shall be grubbed from this circle except the selected leave tree(s).

Herbaceous Vegetation - Any plant that does not develop persistent woody tissue above ground, i.e. grasses, forbs, ferns, mountain rose, and snowberry

Natural – A living conifer seedling that germinated from seed within the treatment area (versus a seedling grown in the nursery and artificially planted within the work unit)

Root Crown - The transition zone between stem and root usually located at or below the ground surface (also referred to as “root collar”)

Stump Sprout - Growth originating from a hardwood or brush stump

Woody Vegetation - Vegetation over one inch in height that has stems and branches that are composed mostly of a hard, fibrous substance. Blackberry and raspberry vines are considered as woody vegetation for the purposes of this contract.

Remnant/Skeletal Vegetation – Woody vegetation killed from previous natural activities, which consists of dead stems that have sprouted new vegetation from the plant’s stump or original root system C.8-2 Specifications GRUB CIRCLE SIZE: The contractor shall grub five foot radius circles (10 foot diameter), measured horizontally, centered on the conifers planted in March-April 2015.

SPACING: All living planted conifers within the work unit shall be treated, up to the maximum target trees per acre (TPA) planted. Seedlings were planted on cluster spacing at a target interval of 24 feet between cluster centers (220 TPA). Natural conifer seedlings greater than 6” but less than 2 feet in height shall be treated in areas void of live planted conifer seedlings. Natural conifer seedlings shall be spaced off live planted conifers at a minimum spacing of 5 feet (to restore 3 trees per cluster) and a maximum of 30 feet. If neither a live planted nor natural conifer seedling exists in this spacing the “best available” natural seedling shall be selected for treatment.

Vegetation To Be Treated All woody vegetation and herbaceous vegetation within the grub circles shall be grubbed. All woody stump sprouts and remnant/skeletal vegetation greater than one inch at the root crown shall be severed from the root crown at the point of attachment. Woody stump sprouts and remnant/skeletal vegetation less than one inch at the root crown shall be grubbed. All vegetation originating from a point outside the grub circle but extending into the grub circle shall be lopped at the point of attachment to the main plant or at the grub circle radius.

Herbaceous Vegetation and Grass: Shall be severed below the root crown. For plants that have rhizomes, only the above-ground portions shall be removed to a depth of three inches. All grass will be removed whether it is alive or dead, and shall be severed below the root crown. This includes but is not limited to perennial grasses that are dormant and that have the appearance of being nonliving.

Woody Vegetation: Less than one inch in diameter at the root crown shall be severed below the root crown. Woody vegetation that is severed at a point where the root crown is not removed will fail inspection.

Woody Stump Sprouts and Remnant/Skeletal Vegetation: Woody vegetation that exceeds one inch diameter at the root crown and has re-sprouted shall be severed from the root crown at the point of attachment, but the root crown does not have to be grubbed.

Hardwoods: Oaks and other hardwoods shall not be removed from grub circles.

Quality Requirements: Conifer seedlings shall not be damaged in the process of cutting undesirable vegetation. Damage includes any injury to the living crown, candle, bole, or roots of the seedlings. Soil shall not be scraped or pulled away from the seedlings during cutting of vegetation. If pull-able vegetation cannot be cut due to slash or rocks, the vegetation shall be hand pulled.

Contractor Created Slash: All cut or grubbed material may be left in the grub circles to the extent that it does not damage, harm or potentially affect the growth of the seedlings. Roots of competing vegetation shall be completely severed from the ground. Grass clumps shall be turned over to expose roots to the air when cut and left inside the grubbed area.

Seedling Protection: Conifer seedlings falling within the grub circles shall not be grubbed. Any intentional grubbing of conifer seedlings will result in contractual action taken by the government. All efforts shall be made to protect conifer seedlings, including hand pulling competing vegetation that is growing within a one half foot radius of the crop tree.

Staked Rows: For monitoring purposes, some seedlings may be marked with a wooden or metal stake. These seedlings will be treated the same as any other seedling when grubbing. If it is necessary to remove a stake, it will be replaced in the same exact spot and position as it was before it was removed.

Naturals: Naturally regenerated conifers within the work units shall only be treated if a planted tree is not present and the naturally regenerated conifer is located within the standard spacing of 20 to 30 feet from other conifer clusters, depending on the unit’s original tree spacing. Natural seedlings over 2 feet in height will not be treated under this contract, nor shall they be intentionally removed from the grub circle. If a naturally regenerated seedling should fall within the grub circle it will be left within the circle and not disturbed.

C.8-3 Contractor-Furnished Equipment The Contractor shall furnish all labor, equipment, supervision, transportation, inspection, supplies (except those designated as Government Furnished) and incidentals to perform all work necessary on the areas specified.

C.8-4 Government-Furnished Property

NONE

C.8-5 Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a. The name, address and telephone number of the subcontractor.

b. The date upon which the subcontract was entered into and its duration

c. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

d. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and con

SECTION E--INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) E.1 Sampling [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:

1/50 acre E.2 Specific Inspection Procedures

The Government will conduct informal compliance inspections in addition to formal inspection by plot sampling to determine compliance with the contract and Quality Standard. The formal inspections will be a systematic random sampling across the treated area, and will measure both quantity (spacing) and the quality of work. All plots sampled will represent the final result in meeting the Quality Standard or Acceptable Quality Level (AQL). Units may be sampled in entirety or partially, as work progresses, for final acceptance of the unit. Therefore, the inspection process may inspect only part of a unit, but once that part has been inspected and meets the Quality Standard the area inspected will be deemed to be acceptable. However, full acceptance and payment of a unit is reserved until the entire unit is completed, the final inspection of treated area is complete, and all inspections for the unit have passed. Inspection results will be averaged per unit and payment calculated on a per unit basis.

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 Government’s final inspection at a lesser AQL as specified in E.3-1.

E.3-1 Acceptance Level Quality Standard: Work with a quality of 90% or greater, as determined by Government inspections, will be accepted at full payment, less any deductions for wasted trees.

Acceptable Quality Level: If inspection results are below 90%, a deduction will be made equal to 2% for every 1% below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent, or may be reworked at the Contractor’s expense.

Minimum Quality Level: Quality below 80% on any unit within an item is not acceptable, and may not be paid for, or shall require rework at the Contractor’s expense.

E.4 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

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

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

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

Disputed Inspection.

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

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

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

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

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

E.5 Contractor Quality Control:

The Contractor shall provide an approved Quality Control Plan describing methods to insure that the material produced comply with the applicable specifications of the specifications. In addition to the requirements in FAR 52.212-4, the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is quality control of work being performed, thereby allowing the Contractor to identify and correct any quality deficiencies while the work is in progress. Prior to requesting an inspection or payment, the Contractor shall make available to the Government all of their inspection records of the work performed.

E.6 Quality Assurance Plan

For all units, the Government will inform the Contractor or his designated representative of inspection results within 2 working days of completion. Unacceptable work will not be accepted and shall be corrected by the Contractor at no additional cost to the Government. The contractor shall complete all corrections of unacceptable work within 10 calendar days following notification of unacceptable work. Unless otherwise agreed upon, the Contractor may not work in a third unit until one of the previous two units has passed inspection.

Payment for work completed will be based on the following inspection results. 90% and above equals 100% payment.

Less than 90% is unacceptable. No payment will be made until the unit has been reworked and passes inspection.

SECTION F--DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) Work Timing The Contractor shall begin work within ___1_______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

1 May 9, 2016 38 days

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

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

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

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.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Pre-work G.1.1 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.

G.1.2 Notice to Proceed.

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

G.2 Measurement G.2.1 Methods of Measurement.

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

method(s) indicated above.

G.2.2 Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G.3 Payment G.3.1 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:

G.3.1-a 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.

G.3.1-b Liquidated damages will be charged as follows:

Crop trees found to have been damaged or removed by the Contractor’s operations will be assessed to the Contractor at the rate of $5.00 per seedling.

G-3.1-c Contract Release. The following supplements the Payments clause in Section I:

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

G-3.1-d Invoices.

B. Payment will be made from Contractor's invoice submitted through The Invoice Processing Platform (IPP).

G-3.1-e 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.3.5 Internet Payment Platform (Ipp)

After February 28, 2014 all payment requests must be submitted electronically through the US Department of the Treasure’s Internet Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

1. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due.

1. Total amount due for the billing period.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. Description of the previous month’s project activities and the planned activities for the next month

1. For each deliverable: identify the items supplied during the month and the cumulative items delivered.

1. Reconcile progress of each deliverable with the schedule identified for each

1. Identify issues and/or concerns that may affect the project or schedule

1. Any other information required in the Contract to be included in the Progress Report

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G-4 Designation Of Contracting Officer’s Representative (COR) Contracting Officer’s Repressentative (COR) will be designated to represent the Contracting Officer in furnishing technical guidence and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor reletive to the financial or legal aspect of the contract. Those matters are the responsibility of the Contracting Officer and shall not be deligated. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to the extent indicated in the contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting Officer. No oral statements of any person whosoever will in any matter or degree, modify or otherwise effect the terms of this contract.

G-5 Government-Furnished Property

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

NONE

G-3.7 Public Officials Not Personnally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H-1 Emergencies

H-1.1 Fire Plan See Section J, Fire Plan

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

Silviculture Projects - 70 meters around the perimeter of the unit being worked in

H-2 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.

H-3 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.

H-4 Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

H-5 Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H-6 Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

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

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

SECTION I CONTRACT CLAUSES

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.arnet.gov/far/ (FAR) www.usda.gov/procurement/policy/agar/html (AGAR)

52.204-4 Printed Or Copied Double-Sided On Recycled Paper (May 2011) 52.-223-1 Biobased Product Certification (May 2012) 52.223-2 Affirmative Procurement Of Biobased Products Under Service And Construction Contracts (Sept 2013) (http://www. biopreferred.gov 52.223-3 Hazardous Material Identification And Material Safety Data Alternate 1 (Jan 1997) 52.223-10 Waste Reduction Program (May 2011)

52.232.39 Unenforceability Of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

USDA ACQUISITION REGULATION (AGAR) CLAUSES

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. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license…