FRRD_Mark_and_Cruise_Solicitation.docx

FRRD Mark and Cruise

7. FOR SOLICITATION INFORMATION CALL:

CONTRACTING OFFIER

a. NAME OLaine Martinez

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

8. OFFER DUE DATE/ LOCAL TIME

May 11, 2016 3:00 p.m.

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: 19.0 Million

SMALL BUSINESS |_| 8(A)

USDA FOREST SERVICE

CENTRAL CALIFORNIA ACQUISITION SERVICE AREA

631 COYOTE STREET

NEVADA CITY 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB

|X| 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

PROJECT NAME: FRRD Mark and Cruise Feather River Ranger District, Plumas National Forest

See separate schedule sheet.

Email offers to tracymartinez@fs.fed.us.

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)

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)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

31c. DATE SIGNED

This is a supplemental statement of work to the IDIQ SOW. This supplemental SOW details the specifics of this task order.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is designation of trees (timber marking) in stands of conifers to be thinned and the cruising of marked timber. There are approximately 809 acres of timber marking.

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, Feather River Ranger District.

The Forbestown IRSC, Slate Creek IRTC, Diamond Springs IRTC projects consists of several groupings of units. The project area is located around the town of Forbestown and off La Porte Road near Strawberry Valley.

Description: The unit boundaries will be flagged with blue (corner trees are two blue with one pink) flagging and marked with pink tracer paint. Within several of the Union Hill units a white flag line will differentiate canopy cover prescriptions. Painted boundary trees are painted at or above eye level with three horizontal line of paint facing into the unit with a several spots of paint at ground level as the stump mark, and a vertical line of paint at or above eye level either side of the tree denoting the boundary line. Painted corner trees are marked with a vertical line along the boundary line with a single horizontal line facing the unit connecting the two vertical lines. The unit number is painted on the corner trees.

There are no painted boundaries along county or national forest system roads, only corner trees are painted. Where a private property line defines the unit boundary, the unit boundary will be painted like any other boundary.

Exclusions (non-work areas): Cultural resource area boundaries are flagged with red/black candy striped flagging. Botanical protection areas are flagged with blue/black and red/black candy striped flagging. Noxious weed areas are flagged with orange noxious weed flagging. Streamside management zones will be painted boundaries as noted above and flagged with blue or blue/white striped flagging. These acres are subtracted from the GIS acres and maps will be available at the pre-work.

No trees are to be marked in the excluded areas.

Accessibility: Roads leading to treatment units are believed to be accessible as of the date of this solicitation. Prospective contractors are strongly encouraged to view the project area prior to bidding.

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-Attachments. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start: June 1, 2016 Time: 55 calendar days.

See also Section F—Deliveries or performance.

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 not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy if applicable.

Contractor is required to have A California Registered Professional Forester (RPF) to oversee on-the-ground interpretation of silvicultural prescriptions for timber marking.

Other: NONE

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right. Permission could be granted. Also, 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 The Contractor shall:

Prior to tree marking, submit for Government approval cruise design meeting Regional standards as outlined in the FSH 2409.12 – Timber Cruising Handbook. The handbook web address is http://www.fs.fed.us/cgi-bin/Directives/get_dirs/fsh?2409.12 A. Both projects will be cut tree mark so contractor must use either STR or 3P cruise methods. Cruise data from several other sales within the same vicinity of the sale area is available and can be used to determine species mix.

B. All cruising performed under this contract shall meet the accuracy requirements set forth in FSH 2409.12, chapter 40 Service - wide and Region 5 (Pacific Southwest Region) Regional Issuances available at FSH – 2409.12 Code Field Issuances.

Cruise Requirements:

1. The timber cruise(s) must pass a standard FS check cruise and meet a less than 20 percent combined sampling error for the Scaled Sales. The FS check cruise will be performed when the Contractor provides the audited cruise file and says the marking is completed.

2. Designating and Cruising. The timber cruises must meet standards specified in FSH 2409.12 and must pass a standard check cruise by a Forest Service Certified Check Cruiser, who will accept the cruise in writing once satisfied. (See section E for Inspection and Acceptance).

3. The contractor shall provide cruise data for sawlogs only.

4. All measurements and defect estimations will be done in accordance with FSH 2409.12, chapters10 and 20 Region 5 (Pacific Southwest Region) Regional Issuances available at FSH – 2409.12 Code Field Issuances. Reasons for defect deductions on individual trees will be documented by the Contractor in a remarks area of a timber cruise book and the FScruiser cruise data entry program.

5. The cruise data provided by the Contractor to the Forest Service shall be in a format that will load into the current version of FSCruiser and Cruise Processing (National Cruise System available at Timber Cruising Software). This will be accomplished by using Timber Cruise books (Form R5-2400-28A Rev.8/2002) and/or using the FSCruiser program for data recorders. Timber Cruise Books will be furnished by the Forest Service prior to commencing work.

6. To facilitate contract inspection (check cruising), the Contractor shall supply cruise maps at the same scale as those provided by the government. Cruise maps shall accurately identify and display all sample trees, and supplemental sample trees for all types of cruising and GPS points for each sample tree. The type of GPS unit needs to be approved by the Forest Service Certified Check Cruiser. Sample trees will be numbered consecutively. The number will be painted on the sample tree on two sides. The sample tree will have a double band of paint. Yellow attention ribbon will be attached to the sample tree with the initials of the cruiser, sale name, date and sample tree number.

C. Furnish all labor, personnel, supervision, equipment, materials, supplies, transportation, travel, and incidentals, except those designated as Government furnished property, to perform all work necessary for completion of the specifications contained herein. A California Registered Professional Forester (RPF) will be required to oversee on-the-ground interpretation of silvicultural prescriptions for timber marking.

D. An RPF shall certify that all completed fieldwork and documentation meets contract specifications and environmental assessments and other supporting information.

E. Mark trees as specified by the guidelines for marking trees in Section J- Attachment 6 and unit prescriptions to be supplied at the pre-work.

C.8-1 Definitions

· Basal Area- The basal area of a tree is defined as the cross-sectional area (usually in square feet) of a single tree at breast height, or 4½ feet above ground. The cross-sectional area of all stems of a species or all stems in a stand measured at breast height and expressed as per unit of land area.

· Codominant Crown Class – Trees with crowns forming the general level of the main canopy in the even-aged groups of trees, receiving direct light from above but comparatively little from the sides; usually with averaged sized crowns more or less crowded by other trees from the sides.

· Dbh (diameter breast height) – Diameter of the bole of the tree measured 4 ½ feet above the ground line, on the uphill side of the tree.

· Dominant Crown Class – Trees with crowns extending above the general level of the main canopy of even-aged groups of trees and receiving direct sunlight from above and full to partial sunlight from the sides. Larger than average trees in the even-aged group of trees with crowns well developed, but possibly somewhat crowded by other trees on the sides.

· Excessive Damage – Defect in a tree caused by external forces, which could reduce the growth rate of a tree or will prevent a tree from reach maturity. The amount of damage considered to be excessive varies by species:

a. If a pine or cedar has more than 50 percent circumference cambial damage at any location along the bole, it is classified as excessively damaged and shall be marked to cut if another suitable tree in the vicinity that will fulfill the basal area requirements exists. Fully healed bole scars on pine or incense cedar without visible signs of disease are not considered damaged.

b. If a white fir tree has more than 25 percent circumference cambial damage at any location along the bole, a dead or broken top, or evidence of insect or disease attack, it is classified as excessively damaged, and should be marked for cut if another suitable leave tree in the vicinity that will fulfill the basal area requirements exists.

c. White fir trees with at least 30 % of the live crown exhibiting current, active, and continuous crown fade or die back from the top shall be classified as being excessively infected and shall be marked for cut.

d. Blister Rust and its accompanying symptoms apply to sugar pine only. These trees shall be considered as excessively blister rust infected if they are bearing visible blister rust cankers on the trunk in the lower 66% of the live crown, if they show branch cankers within 24” of the trunk, if they have more than 25% of the live crown infected for the intermediate crown class, or if they more than 50% of the live crown infected for the dominant and codominant crown classes. These trees shall be classified as being excessively infected and shall be marked as cut trees.

e. Trees displaying major evidence of root disease have less than 3 years needle retention and shortened and pale foliage throughout the crown. Also, trees of the host species that are within 50 feet of the edge of a root disease center are classified as excessively infected and shall be marked as cut trees.

· Intermediate Crown Class - Trees with crowns extending into the lower portion of the main canopy of even-aged groups of trees, but shorter in height than codominants. The crowns receive little direct light from above and little to no light from the sides; usually with small crowns quite crowded on the sides and not showing signs of suppression.

· Live Crown Ratio (LCR) – The portion of the tree that is occupied by live healthy crown, expressed as a percent of the total height of the tree.

· Satisfactorily Marked Trees – The number of trees marked on an inspection plot that meet the cut tree definition and desired basal area requirements.

· Suppressed Crown Class – Trees with crowns entirely below the main canopy of even-aged groups of trees and completely covered by the crowns of one or more neighboring trees. The crowns receive no direct light from above, and little to none from the sides. Trees are of varying levels of vigor and will probably not respond to release.

C.8-2 Specifications

A. Timber Marking-Tree Designation

The Contractor shall designate (mark) cut or leave trees that meet the marking guidelines contained in attachments: Forbestown CPFR Project Silvicultural Prescriptions and Marking Guidelines and Union Hill FRER Project Silvicultural Prescriptions and Marking Guidelines

All trees over 30.0 inches dbh shall be retained, unless deemed a threat to roadside safety.

The Contractor shall designate trees with a 2 inch wide horizontal band of paint applied at least four feet above stump height (a.k.a. attention mark). The tree attention mark at DBH should be visible from 360 degrees and from at least 50 feet. The Contractor shall designate trees with at two additional marks at ground level (stump mark). The stump mark shall be placed in the furrows of the bark at ground level on the downhill and uphill sides of the tree. Stump marks shall be at ground level and be between 1 and 2 inches wide.

Blue paint will be used for cut trees and white paint for leave trees.

Within 50 feet of the edge of all system roads within the project area, the attention mark must face away from the road and only be visible from within the unit. These attention marks must be visible from 180 degrees.

Canceling prior work shall be done with black tracer paint. Trees that need to be blacked out shall be designated in the following manner:

1. An X is placed on 4 sides of the tree over the original attention mark. The X’s shall be visible from all directions. The original paint must be visible underneath the black paint.

2. An X is placed over the original stump marks. The original paint must be visible underneath the black paint.

3. At no time will the original marking paint be completely covered up.

4. Chipping the bark where the original mark had been, or trying to rub the paint away are unacceptable ways of cancelling prior work.

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

Plots. At least one percent of each treatment area (unit) will be sampled by a random series of plots distributed over the entire area. Plot size will be: 20 BAF variable plots.

Randomly selected sample trees will be check cruised.

E.2-2 Specific Inspection Procedures

Compliance Inspections for Timber Marking

A. Walk-throughs: Compliance inspections shall be held throughout the performance of the contract. Inspections may be in the form of “walk-throughs” to visually confirm the proper application of the contract specifications. The Government reserves the right to perform formal inspections for verification of compliance to contract specifications.

B. Formal Inspections: The Government will inspect marking to determine compliance with specifications. Formal inspection plots will be located randomly throughout each unit to obtain at least a 1% sample of the area marked. Each inspection plot will use a 20 BAF variable radius plot and will determine the following:

A=Total number of trees marked B=Number of trees marked that do not meet the marking guidelines.

C=Number of trees not marked that meet the marking guidelines.

Contract compliance for each unit will be calculated as follows:

(A-B) X 100= % COMPLIANCE

(A+C)

Stump Marks: Any plot that contains one or more marked trees without a proper stump mark will cause that plot to fail. If three or more plots in a unit fail due to improper stump marks, that unit will be remarked at no additional cost to the Government.

Attention marks: Any live tree in a plot that is marked with a paint band <1” in width will be considered an unmarked tree, and recorded as such during inspections.

Inspection results for each unit will stand on their own, and will not be combined with the results from any other unit.

Upper limit DBH: Any tree over 30.0” DBH in a plot or anywhere in the unit that is marked for cut, or not marked for leave, will result in automatic rework of the unit, unless marked as a hazard tree to the road.

E.3 Acceptance

E.3-1 Acceptance Level

Work on this contract will be deemed acceptable when: Cruises are passed by the FS check cruiser and all units have been examined to meet Silviculture prescriptions and guidelines.

For all units, determination of acceptability of the work performed will be based on the Government inspections and shall be considered conclusive except as otherwise provided in the Contract. The inspection results of each unit will not be averaged with the results of any other unit. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

E.3-2 Quality Assurance Plan

Acceptance of Timber Marking:

For all units, the Government will inform the Contractor or a designated representative of marking inspection results with 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, each unit shall be at a satisfactory level of acceptance before the Contractor can start marking another unit.

Payment for marking work completed will be based on the following inspection results:

<80% = UNACCEPTABLE.

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 7 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:

The estimated start work date for this project is June 1st, 2016. Expected contract time is 26 days for the project.

Contract time will start within 7 days after the Notice to Proceed or when work commences, whichever is sooner.

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

The Government will review progress with the Contractor on a routine basis at the District Ranger’s Office, Oroville, CA, unless otherwise agreed upon, according to the following time progress review schedule: every 5 working days and/or upon Contractor’s completion of 20% and 50% of the marking and cruising activities.

With reasonable advance notice, Government personnel will be available to the Contractor for consultation on Monday through Friday.

Units shall be marked in accordance with the order of preference established by the Contracting Officer. The Contractor shall maintain progress at a rate which will assure completion within the contract time indicated above. The minimum acceptable rate of progress will be calculated by dividing the total acres of work for all units by contract time specified above.

If the Contractor’s progress falls behind for more than 75 acres or if the percentage of marking quality falls below 90% for more than 50% of a unit’s acreage, the Contractor’s right to proceed may be terminated if satisfactory marking quality or progress is not attained within the time specified in a written cure notice. Such notice may be in the form of a Work Order and shall allow no more than 10 working days for corrective action to be completed.

Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor’s responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor’s Representative may be reached by phone number provided, or if the Contractor fails to leave a number, a written Resume Work Order will be mailed and contract time will resume on the date specified on the Resume Work Order.

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.

If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held annually 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 conference will be held at the Feather River Ranger District, Oroville, CA. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

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

Measurement Methods of Measurement.

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

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.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment for marking – Entire marking units must be completed and work accepted before payment will be made. No progress payments will be made under $4,000.00.

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.

B. Liquidated damages will be charged as follows:

1. Rust resistant Sugar Pine trees that are marked for cut or not marked for leave (whichever applies) will result in liquidated damages of $4,628.00 per tree. RRSPs are painted with a red attention band and/or yellow or silver placards.

2. Bearing trees, witness trees, and trees with section tags (K-tags), that are marked for cut or not marked for leave (whichever applies)will result in liquidated damages of $2585.00 per tree. A bearing tree is not a property corner, but it is an integral part of the corner because it witnesses the location of a property corner by means of what surveyors call a tie (bearing and distance) between the center of the base of a bearing tree and the property corner.

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

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

Invoices.

Payment will be made from Contractor's invoice.

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

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

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.

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.

1. Tracer paint for timber marking, refer to accountability standards listed below.

2. Maps of the project area.

3. GIS Map data.

TREE MARKING PAINT – ACCOUNTABILITY AND HANDLING

A. Responsible Party – The Contractor must designate, in writing, one or two individuals to receive, dispense, maintain inventory and control of all tracer paint.

B. Issuing Paint – Paint shall be issued to the contractor’s designated individual(s) at an agreed location. Only the amount of paint needed for an estimated 7 days marking will be issued. No paint will be issued or returned without the approved form.

C. Control Records – It will be the responsibility of the Contractor to keep an accurate inventory to show all paint cans received, used and returned empty to the Forest Service on the approved form (see Section J-Attachments). This form is to be available for inspection at the Government’s request at any time. When contractor is receiving or returning paint or paint cans, this form must be filled out by the Contractor and the paint issuer. No paint will be issued or returned without the form.

D. Storage of Paint – Tracer paint not in use shall be stored in a locked facility or truck box approved by the Forest Service. The access to the locked paint will be by the one or two designated persons. Empty cans will also be stored in the locked facility or truck box until returned to the Forest Service.

E. Transportation and Use of Tracer Paint – Each vehicle used for transport and the temporary storage of tracer paint shall be provided with a secure locked box. Paint, including empties, shall be locked any time individuals are away from the vehicle. When tracer paint is not being used on a daily basis, unused, partial, and empties should be returned to the locked facility.

F. Disposal of Tracer Paint Containers –Empty tracer paint containers shall be returned to the Forest Service for disposal. Paint cans shall be returned to their proper box and have the tops left off to dry out before returning to the Forest Service.

G. Forest Service Monitoring – Forest Service will inspect Contractor’s security of tracer paint and accountability records. Inspections shall be unannounced and at least on a weekly basis during the period of the contract. Security and accountability must be maintained at all times. Forest Service will periodically check for the use of tracer paint on marked trees. This shall be done on a minimum of once per week during the contract marking period.

H. Contractor’s Non-Compliance – Contractor’s non-compliance of the security and/or accountability of tracer paint can result in Contractor’s liability for special damages or default of the contract in addition to violation of Federal Regulations. In addition, failure to maintain adequate safeguards and security over the paint may result in Contractor liability for special damages or default of the contract.

I. Missing or lost paint: If the contractor loses paint, a diligent effort to find the missing can is required. The Contracting Officer is to be notified immediately. In the event that paint is lost, the contract will be suspended until the matter is resolved. Following a thorough search and the can was not located, documentation needs to be developed identifying whether the can was empty or full, the color, batch number and container size, the unit it was lost in or likely areas the missing can may be and all actions taken to locate the missing can. Any lost paint shall carry a fine of $2,000 per can.

J. Stolen Paint: If paint is stolen, the CO shall be notified and all work will be suspended pending the results of the investigations.

C.8-3 Designation of Contracting Officer’s Technical Representative (COTR) Technical Representative of the Contracting Officer (COTR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated. The contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to extent indicated in this 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 affect the terms of this contract.

SECTION H—SPECIAL CONTRACT ADMINISTRATION DATA

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

The Contractor must be a Registered Professional Forester (RPF) by the State of California or shall employ the services of a RPF to supervise this contract. The Crew Supervisor must have at least five years of prior, verifiable, technical experience marking and cruising timber. Each crew member must have at least one year of prior, verifiable, technical experience marking.

(b) During the first Thirty (30) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

Emergencies Fire Plan: Not applicable; however, Contractors are required to comply with State law during fire season.

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. The Contractor shall provide and maintain sanitation facilities for the workforce at the site and dispose of solid waste in accordance with applicable Federal, State, and local regulations. 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.

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.

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

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

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…