Chewelah_BPA_Solicitation_1204H120S4001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

See Block 31C

4. ORDER NO.

5. SOLICITATION NUMBER

1204H120S4001

6. SOLICITATION ISSUE DATE

11/05/2019

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Ingrid Anderson Carl Ericksen

b. TELEPHONE NO. (No collect calls)

541-549-7731 509-664-9316

8. OFFER DUE DATE/LOCAL TIME

02/05/2020 4:00pm PST

9. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

US Forest Service Region 6 AQM Stewardship Team Attn: Carl Ericksen/Ingrid Anderson Portland, OR

UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

DESTINATION UNLESS BLOCK

IS MARKED

SEE SCHEDULE

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 113310 / 115310

SIZE STD:500 Emp. or $8M or $20.5M depending on work activity

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Carl Ericksen Carl.Ericksen@usda.gov

Region 6 AQM Stewardship Team

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

Albuquerque Service Center – Miscellaneous Payments 101B Sun Ave NE Albuquerque, NM 87109

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Chewelah A to Z Stewardship BPA Award under this solicitation will be made through issuance of multiple Blanket Purchase Agreements.

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT

ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE _____________OFFER DATED

______________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Carl T Ericksen

31c. DATE SIGNED

STANDARD FORM 1449 (REV. 2/2012)

mailto:Carl.Ericksen@usda.gov

Chewelah A to Z Stewardship BPA Solicitation 1204H120S4001 Colville National Forest Page 2 of 79

Line Items

Instructions and Work Description for Pay Items/Work Activities:

Please respond fully to the solicitation requirements (e.g. pricing, certifications and representations, and selection criteria). Provide commercial pricing for all line items your firm is qualified in performing (see attached Schedule of Items). Vendors are cautioned that as awards of a Blanket Purchase Agreements are based, in part, on the pricing proposed herein, subsequent vendor quotes for specific unit BPA calls must be representative and reflective of those rates or they shall be removed from the pool of vendors for that work activity. It is imperative that each vendor provide the Government with their best commercial rate for each activity line item they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific units.

As specified herein, utilization of Service Contract Act and Davis Bacon wage rates shall be used under this BPA agreement. BPA Calls issued under this contract shall require Service Contract Act wage rates or Davis-Bacon wage rates or both depending on specific activities within the delivery order. Construction work activities will most often be issued on a lump sum basis or as identified within “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP03)” http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

For purposes of this solicitation, there are two (2) phases within this acquisition.

Phase 1 – is the solicitation and BPA issuance and Calls for all NEPA and pre-sale related activates. There will be 1 BPA issued for this phase.

Phase 2 – BPA Calls for all Stewardship, restoration service activities. The awardee under Phase 1 will have exclusive opportunity for future work. However, the government may issue additional BPA’s if needed.

http://www.wfl.fha.dot.gov/design/specs/FP03_metric_final_062003.pdf

Colville National Forest Page 3 of 79

Contractor Name

ITEM

NO.

DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL

NEPA SERVICES

PHASE 1

Perform NEPA and participate in collaboration in accordance with the specifications in Appendix A. NEPA shall be performed by a third party in order to avoid a conflict of interest.

This is for information only, no payment will be made for this line item and stewardship credits will not be accrued.

This information will be used when determining price reasonableness (see below)

Lump Sum 1 $__N/A___ $_N/A____

PHASE 1

Perform pre-treatment services in accordance with the specifications in Appendix A. Pre-treatment services include all the work that must be performed on-the-ground prior to implementing on-the-ground treatments.

All potential logging systems may be available for use in this project. This is for information only, no payment will be made for this line item and stewardship credits will not be accrued. This information will be used when determining price reasonableness (see below). Work, including but not limited to the following:

A) Harvest unit layout, boundary tagging and painting, brushing and traversing (GPS) (flagging and paint supplied by the Contractor). (Range 70-150 miles)

B) Tree Marking (paint supplied by the Contractor) (Range 0- 7,000 acres)

C) Timber Cruising (Range 50 – 200 plots)

D) Property line establishment (Range 0-10 miles)

E) Property line maintenance (Range 0- 10 miles)

Mile

Acre

Plot

5,000

$___N/A____

$___ N/A ___

$__ N/A ____

$__N/A_____

For Price Reasonableness (enter amount)Total NEPA and Pre-treatment Items

Colville National Forest Page 4 of 79

ITEM

NO.

DESCRIPTION

WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL

OPTION ITEMS TO BE PERFORMED BASED ON NEPA RESULTS

This is just a sample of work activities since we will not know what work will be performed until the Forest Service selects the preferred alternative (Line Item No. 1). The following line items will be used to determine price reasonableness for award purposes. Actual work to be ordered will be negotiated using detailed cost breakdown data. Stewardship credits will be accrued for these work items.

SERVICE WORK

ITEM

NO.

DESCRIPTION

WORK ACTIVITIES (ALL PHASE 2) UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL

a) Thinning of stands with 1000-2000 tpa to a spacing of 12X12 (Range 0- 500 acres)

b) Thinning of stands with 2001-4000

c) Thinning of stands with 4001-6000

Mechanical Fuels Reduction:

a) Mechanical Piling (Range 0-500)

b) Mastication (Range 0-500)

Acre

Acre

5 Tree Planting (Range 0-500 acres) Acre 250 $_______ $_______

6 Machine Fuelbreak and Fireline Construction (Range 0-5 miles) Mile 2 $_______ $_______

7 Grinding and Removal (Range 25,000 - 100,000 tons) Ton 50,000 $_______ $_______

8 Noxious Weed Treatment (Range 50-150 acres) Acre 100 $_______ $_______

9a

Support for prescribed fire projects;

Type 3 Engine – Includes Engine Boss plus 2 FF2 Hour 20-40

9b

Support for prescribed fire projects:

Type 6 Engine – Includes Engine Boss plus 1 FF2 Hour 20-40

9c Support for prescribed fire projects:

Type 2 Tender – Includes Driver Hour 20-40

Create snags within treatment units where post treatment snag numbers will be deficient. (Range 0-1,000 each)

Each 500 $_______ $_______

Colville National Forest Page 5 of 79

ROAD WORK - CONSTRUCTION

Road Maintenance - Grade and shape road to remove gullying and erosion, and movement of sediment from road surface and ditches into nearby streams. (Range 0- 50 miles)

Mile 20 $_______ $_______

12 Road Construction (Range 0-5 miles) Mile 2 $_______ $_______

13 Road Reconstruction (Range 5-30 miles) Mile 10 $_______ $_______

Road Obliteration – Close roads by filling and re-contouring the excavated road bed.

Pull out culverts and stabilize stream crossing sites. (Range 0-5 miles)

Mile 2 $_______ $_______

Road Decommissioning – Close roads with slash, rocks and/or earthen berms.

Pull out culverts and stabilize unstable fill slopes and stream crossing sites. (Range 0-10 miles)

Mile 5 $_______ $_______

Road De-Compacting Rip roads to not less than 16 inches deep and 12 feet wide.

(Range 0-5 miles)

Mile 2 $_______ $_______

Road Entrance Closures – Close road entrances with slash, rocks and/or earthen berms. (Range 0-10 roads)

Road 5 $_______ $_______

Install in-stream structures and riparian ex-closures within selected Riparian Habitat Conservation Areas (RHCA). (Range 0- 500 each)

Each 200 $_______ $_______

Culvertcatch basin aand ditch-line clean-out to facilitate water flow for fish passage, and to prevent road failure due to water back-up. (Range 0-300 each)

Each 150 $_______ $_______

Total All Service Items $

Colville National Forest Page 6 of 79

In addition to the price to be paid by the contractor for timber products to be removed, the Contractor shall pay deposits for road maintenance in the amount of $ < > per Ton. Road maintenance costs may be between $0.50 and $50/ton and will be shown on the calls. A co-op deposit of $0.09/Ton will be collected from the Contractor to cover the cost of culturing, growing, and harvesting native seed.

A ton or green ton is defined as 2,000 pounds of any material removed under this BPA.

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

Note: Price Proposals MUST be provided on ALL Items in Schedules B-1.

Contractor provide:

TIN:______________________________

DUNS:____________________________

Email:_____________________________

Note: All FAR contact clauses, instructions or provisions apply as stated in the Base BPA only to the IRSC or service BPA calls. IRTC BPA calls will follow IRTC procedures including applicable instructions, procedures, Timber clauses and provisions superseding any that conflict in the Base BPA terms and conditions (See Appendix B).

Note: The Forest Service intends on making a single award from this BPA Solicitation. However, the Government reserves the right to re-solicit and award additional BPA’s during the Phase 2 performance period in the event there is service work, beyond the capabilities of the awardee or in the Governments best interest, covering the same scope of work and in the same geographic area of the NEPA Planning area. An example here would be prescribed fire support.

Note: The Forest Service will hold a pre-proposal conference and site visit at a date to be determined.

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - All products will be sold at current appraised rates and will generally use a product weighted average.

SPECIES

PRODUCT

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

DF & Other Coniferous

Species

Saw Timber Inclusive of Ground-based, Skyline and Helicopter

250,000 Ton Current Appraised Rates

DF & Other Coniferous

Species Green Biomass

50,000 Ton Current Appraised Rates

Colville National Forest Page 7 of 79

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (Jan 2017)

(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 Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, 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;

Colville National Forest Page 8 of 79

(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;

Colville National Forest Page 9 of 79

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

Colville National Forest Page 10 of 79

(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.

Colville National Forest Page 11 of 79

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

Colville National Forest Page 12 of 79

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM TO FAR 52.212-4 The following clauses are hereby incorporated by reference or full text as appropriate.

2. PROJECT DESCRIPTION

(a) Description of Work- The Colville National Forest has a need to treat thousands of acres of forest in order to preclude large scale catastrophic fire and/or restore forest woodlands to meet other resource objectives. The community wants to increase the number of acres treated and examine recreational opportunities, but Forest personnel are at capacity with other priority work. This contract will allow the project landscape to be evaluated in accordance with procedures outlined in the National Environmental Policy Act (NEPA) for work activities outlined in the Statement of Work. The Forest Service will retain all decisional authority and will select the alternative to be utilized in landscape treatment. The contractor will then prepare and perform all land treatment activities as ordered by the Contracting Officer. The Forest Service will inspect all work prior to commencement of the next activity. The Stewardship End Result Contracting Projects Act was enacted in order to allow the application of the value of the timber or other forest products removed as an offset against the cost of services received under the agreement or contract. This project looks to treat unspecified acres in the Chewelah project area up to a 20 year period at low cost. For treatments this large, there is no in-house capability or alternative to contracting out this work, without affecting other work already ongoing.

This solicitation and any resultant Blanket Purchase Agreement are a service or stewardship project in accordance with the 2018 omnibus budget bill, in Division O, Title II, Sections 204-207, which amended the stewardship contracting authority. Section 207 extends the maximum duration of stewardship contracts and agreements in areas where the majority of Federal lands are in Fire Regime Groups I, II, and III up to 20 years and allows the agency to https://www.acquisition.gov/

Colville National Forest Page 13 of 79 give a procurement preference for innovative use of forest products. This is a commercial item acquisition that has been tailored to include fitting the Government’s method of trading goods for services in Stewardship instruments.

Work may include, but is not limited to, meeting requirements of the National Environmental Policy Act (NEPA), unit layout, cruising, marking, road and trail maintenance; work to improve soil productivity, habitat for wildlife or fisheries, or other resource values; setting prescribed fires; removing vegetation to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; restore and maintain wildlife and fish habitat; and control noxious and exotic weeds and reestablish native plant species. Work to be performed will depend upon product value and available funding. The Forest Service maintains all inherently governmental functions such as selecting the preferred alternative.

The prime contractor shall provide a designated representative to report directly to the Forest Service with full contractual authority, except for circumstances related to time and price. The Contractor shall prevent any conflicts of interest.

No payment shall be made for NEPA services and no stewardship credits shall be accrued for NEPA work. No payment shall be made for Pre-treatment Services and no stewardship credits shall be accrued for this work. In the event that the preferred alternative is a no action decision, the Contractor will not receive any payment for performing NEPA services. The risk for performing NEPA and pre-treatment services lies with the Contractor. The prime contractor shall have sufficient financial assets to support payment for NEPA services. Once a final NEPA decision is made by the Forest Service, the prime contractor will conduct work as ordered by the Forest Service through calls. Each Call, if accepted, may be negotiated or awarded without discussions using the contractor’s detailed price breakdown and market research from similar projects in the geographical area.

If the NEPA decision is to perform restoration activities, these activities will be paid with appropriated funds or the value of the products removed will be traded for the restoration activities. If the NEPA decision does not support performance of restoration activities, no work will be ordered. BPA Calls may include Integrated Resource Service Contracts (IRSC) on a firm fixed price basis, Integrated Resource Timber Contracts (IRTC) using Timber contract provisions and format or service contracts for work activities that do not include any timber removal on a firm fixed price basis. The Base BPA will be authorized by an AQM CO. The IRSC and/or service calls will be signed by an Acquisition CO and the IRTC will be authorized by a Timber CO as a direct sale without further competition.

Additionally, any IRSC or IRTC BPA Call will include timber removal specifications and road maintenance requirements.

The overall objectives of the project are:

1. Improve and protect:

a. The vitality and resiliency of forest and range ecosystems to threats from fire, insect, disease and invasive and noxious species, including maintaining soil productivity and the use of prescribed fire or vegetation removal to promote healthy forests and rangelands;

b. Water resources including watershed health and productivity, water quantity and quality;

c. Habitat for wildlife and fish;

d. Air quality, including minimizing air quality impacts by removing excess biomass before the introduction of fire; and

e. The commercial value of forest biomass for producing electric energy, shavings, and other beneficial uses.

2. Reduce:

a. Hazardous forest fuels on federal lands;

b. Fire hazards to private lands, at-risk communities and municipal water supplies; and other improvements

c. Threat of catastrophic fire to T&E species habitat; and

d. Effects of insect & disease epidemic; and

e. Prevalence of noxious and exotic plants and promote reestablishment of native species.

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(b) Resulting Award – BPA calls will be issued against any resultant Blanket Purchase Agreement and reference the parent Blanket Purchase Agreement when ordered by a Contracting Officer (CO) by either the signing Timber or warranted Contracting Officer. This solicitation is issued using full and open competition under the Stewardship Authority.

(c) Project Location – This project will be located on the Three Rivers Ranger District, Colville National Forest generally within the South Chewelah, North Chewelah, and Addy watersheds. These areas are located generally north and east of the town of Chewelah, Washington. Some project activities may occur on National forest system lands east of the watershed breaks between Chewelah and the Pend Oreille River, and can include lands adjacent to private lands and the 49 North Ski area. Chewelah is located about 40 miles north of Spokane, Washington.

3. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Service Items can be found in Appendix A Scenario (note: specifications may change at time of BPA call).

Specifications for timber removal can be found in Appendix B and associated road maintenance plans and specifications can be found in Appendix C.

4. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

5. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

Actual acceptance will adhere to the requirements in each BPA call.

6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A or provided at time of BPA call issuance.

7. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than as the date specified on each BPA call. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications and as approved by the Contracting Officer.

8a. FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this BPA shall be ordered by issuance of BPA calls. Such orders may be issued from date of award through 15 years from date of award.

(b) All BPA calls are subject to the terms and conditions of this contract. In the event of conflict between a BPA call and this contract, the contract shall control.

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(c) If mailed, a BPA call is considered “issued” when the Government deposits the order in the mail. BPA calls may be issued verbally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

8b. Blanket Purchase Agreement Ordering Supplemental Provision

(i) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule.

(ii) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(iii) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after.

9. BLANKET PURCHASE AGREEMENTS

INTENT OF THIS BLANKET PURCHASE AGREEMENT (BPA) AND WHAT A BPA IS

SECTION I - INTRODUCING THE BPA

1. A Blanket Purchase Agreement, or BPA, is a simplified method of filling anticipated repetitive needs for supplies or services with qualified sources. BPA's are designed to reduce administrative costs in accomplishing small purchases by eliminating the need for issuing individual purchase documents. In other words, the Government uses BPA's when there is a known ongoing need for a basic requirement, but can't say for sure when or how many of the items will be required.

2. The BPA is an agreement between the government and a contractor which sets the stage for the government to buy something quickly. BPAs are agreements, not contracts. BPA Calls (similar to Task Orders) are contracts.

Either side may opt out of the BPA at any time by giving at least a 30-day notice in writing. All of the terms and conditions are negotiated when a BPA Call is made.

3. BPA's Calls are made when it is determined a service is required. The Contracting Officer will place a Call with the contractor.

SECTION II – INTENT BEHIND THIS SOLICITATION

The intent behind this solicitation is to establish a Blanket Purchase Agreement (BPA) with a (one) contractor who is technically capable and has relevant experience to perform NEPA/Pre-Treatment (Phase 1) and all stewardship and restoration related activities (Phase 2). Price reasonableness will be evaluated. The BPA will be for the Colville National Forest, Three Rivers Ranger District. During Phase 2, the single awardee contractor for Phase 1 will have exclusive opportunity to accept BPA Calls in the planning area at advertised rates. The contractor will also have the option to accept or decline the BPA Call. If a BPA Call is to be declined, it must be done within 5 working days after issuance of the BPA Call solicitation. The Government also reserves the right to re-solicit any declined requirements using any appropriate contract vehicles. The Government may also solicit and issue additional BPA’s covering the same scope of work and in the same geographic area as this contract once NEPA is complete and service/restoration work identified.

Upon completion of NEPA/Pre-Treatment, the single awardee contractor for the Forest Service will perform the service restoration related work as established by the NEPA and Pre-Treatment. Operational stage is known as Phase 2 for this solicitation. When the Forest Service has a stewardship or restoration related activity for a

Colville National Forest Page 16 of 79 restoration or service project, the Contracting Officer (CO) will send a BPA Call solicitation to the BPA awardee.

The CO will provide a due date for each Call and identify what needs to be returned with the proposal.

When the Forest has an IRTC project, the timber Contracting Officer will send a sample contract, Region 6 Technical Proposal template and bid packet for review to the BPA awardee. Proposals and offers must be returned to the timber Contracting Officer for review and approval as specified in the Call. Award may take place without discussion or CO may enter into negotiations. Once Proposal is accepted award letter with contract will be sent to BPA awardee for signature and returned to Contracting Officer (timber) for execution.

When the Forest has an IRSC project, the AQM Contracting Officer will send a BPA Call Solicitation to the BPA awardee. Proposals and offers must be returned to the AQM Contracting Officer for review and approval as specified in the Call. Award may take place without discussion or CO may enter into negotiations. Once Proposal is accepted, an award letter with contract will be sent to BPA awardee signed by the Contracting Officer (AQM).

A pre-bid site visit may be held; if one is not held, the Contractor has the right to request a pre-bid site visit. Late proposals may be deemed unresponsive and not accepted. The availability of the Contractor may be a consideration if the Contractor cannot perform the work during the period of performance requested.

Price reasonableness and technical acceptability will be the determining factor for award of an IRSC or service BPA Call. The Government reserves the right not to award to the lowest price and award without discussions.

The determining factor for award of an IRTC Call will be in accordance with IRTC provisions.

The Contractor that is awarded a BPA from this solicitation will have the opportunity to send in pricing on each Call with the exception of the following:

1. The BPA Call solicitation is declined within 5 working days from issuance.

2. The Contractor has not performed adequately with previous Calls.

3. The Contractor or Government terminated the BPA by written notice. At least 30 days written notice must be provided before the BPA is terminated.

4. The Contractor’s System for Award Management (SAM) is no longer active. Contractors must have an active SAM account to be awarded a project. SAM is a free website; do not pay anyone to activate or reactivate your SAM account. Go to www.sam.gov.

SECTION III – BPA TERMS AND CONDITIONS

1. Description of agreement. A Statement that the supplier shall furnish services, described in general terms, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during a specified period and within a stipulated aggregate amount, if any.

2. Extent of obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

3. Purchase limitation. The dollar limit for each Call shall be $10,000,000. The dollar limit for the entire term of this BPA shall be $30,000,000. This is inclusive of timber value.

4. Individuals authorized to purchase under the BPA. Only the Forest Service AQM or Timber Contracting Officers working projects for or on behalf of the Colville National Forest may place Calls under this BPA.

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5. IRSC or Service Invoices. A summary invoice shall be submitted upon the completion of each Call.

Invoicing shall be placed through the Invoice Processing Platform at www.ipp.gov. An IPP account will be established at the time of the Call if the Awardee does not already have an IPP account. All payments under this BPA will be NET 30.

6. Securing maximum discounts. Price, resources, location, and availability are all considerations for establishing these BPAs.

Specifics for Phase 2 - IRTC, IRSC, Service Contract Process

1. Call Orders will be placed against this BPA.

2. Calls may be placed only by the warranted CO or Timber CO (to be known as the CO for these procedures).

3. Calls can be IRTC, IRSC, or service contract calls

4. All IRSC or service orders under this BPA shall be made via a written Call Order (SF-1449 or equivalent).

A specific, sequential call order number shall be included on the order and shall specify the BPA number, as will specific Period of Performance.

5. All IRTC calls will be ordered using a 2400-13 or 2400-13T contract that will include the terms and conditions of an IRTC. A specific, contract number shall be included on the IRTC contract signature page along with the Termination date. The BPA number will be included within the Contracting Officers (timber) Award Letter.

6. Any new requirement will be sent to the Contractor via email, telephone, or other method that will convey the necessary information. Use of electronic commerce (EC) is encouraged.

7. Contractor will respond, within the response time requested, by submitting technical specifications and pricing for the proposed requirement via email to the requesting CO.

8. Contractor must decline a BPA Call solicitation within 5 working days of issuance.

9. Evaluations of BPA Call proposals will be based on price and other factors identified in the request. Based on a review of the Contractor's response and any necessary clarifications, the CO will issue a written Call Order award to the Contractor via email.

10. Ordering Exceptions Exceptions to the Ordering Procedures are listed below.

a) The need for such services is of such urgency that providing such opportunity would result in unacceptable delay.

b) Only one awardee is capable of providing the services required at the level of quality necessary because the services ordered are unique/specialized.

11. Award of Call Orders Call Order will primarily be awarded either on price or may include evaluation factors other than price. Call Orders issued under any resulting BPA will include the following information as applicable:

(1) BPA Number and Delivery/Call Order number;

(2) Date of the order;

(3) Description of the products/services to be performed;

(4) The work Schedule, period of performance, or required completion date;

(5) Place of delivery or performance;

(6) Deliverables;

(7) Line item number and description, quantity, unit price and extended total;

(8) Accounting and appropriations data.

(9) DOL Wage Rates

(10) Identify the Contracting Officer’s Representative for the Call Order

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FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$2500_____, the Government is not…