B.FinalTriSolicitation.pdf

Tri-Forest Road Maintenance Solicitation #1204M318Q0002

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

4. ORDER NO.

6. SOLICITATION ISSUE DATE

December 08, 2017

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Bryce Kamerdula

b. TELEPHONE NO. (No collect calls)

541 523-1209

8. OFFER DUE DATE/LOCAL TIME

January 08, 2018 PST 4:30pm

9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

Wallowa-Whitman National Forest 1550 Dewey Ave, Suite A Baker City, OR 97814

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: 237310

SIZE STD:$36.5 million

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Wallowa-Whitman National Forest Wallowa-Whitman National Forest

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

INVOICE PROCESSING PLATFORM (IPP)

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

Award under this solicitation will be made through issuance of multiple Blanket Purchase Agreements. Utilization of Service Contract Labor Standards and Davis Bacon Wage Rate Requirements shall be used in response to this solicitation. ALL pay items must be priced with exception to line items categories 2 and 4 in order to be responsive to this RFQ.

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)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID By

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

Tri-Forest Road Maintenance Solicitation # 1204M318Q0002

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 and interested in performing. The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes. 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. Therefore it is imperative that each vendor provide the Government with their best commercial rate they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific units.

Umatilla Roadside Brushing Call Order Malheur Rock Crushing Call Order Whitman Blading Call Order West Fork Chicken Cr. Culvert Call Order

(see call orders in attached documents)

Note: The general activities used for future call orders will generally be a firm fixed price service. There may be a need for more complex work requirements than listed in the scope of work .Therefore, contractors submitting proposals for commercial treatments may be requested to use either of these more complex requirements.

Stream Restoration projects typically have a limited operating period for in-stream work between July 1 and August 31, during which no in-stream operations are allowed unless a waiver has been granted. In-stream operating periods shall be indicated on individual call orders.

As specified herein, utilization of Service Contract Act and Davis Bacon wage rates shall be used in response to this solicitation. 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). The (FP14) will be utilized once the Forest Service has developed supplemental specifications.”

https://flh.fhwa.dot.gov/resources/specs/fp-03/fp-03usc.pdf (FP03) https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf (FP14)

Work may be in one or more of the following counties: State of Oregon: Grant, Union, Baker, Malheur, Wallowa, & Umatilla.

State of Washington: Columbia, Garfield, Walla Walla, & Asotin, State of Idaho: Adams, Idaho counties.

BIOPREFERRED

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for services for which biobased products are available.

The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants

2-cycle engine oil Wood and concrete sealers Fertilizers Roof coatings Water tank coatings Adhesive and mastic removers Cleaners Sorbents Floor finish Floor stripper Composite panels Janitorial supplies Insulating foam Sealers Carpet Metalworking fluids Graffiti and grease removers Stain removers Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

ITEM

NO.

SCHEDULE OF ITEMS QTY UNIT

UNIT

PRICE

AMOUNT

Surface Maintenance (Service Wage Rates)

1.1 811 -Surface Maintance

(Single Lane Blading, 14’ width, Compaction A, natural moisture)

1 SL Mi. $

1.2 832 – Load, Haul, and Place Materials (est. 2 miles to disposal site) 1 CY $

1.3 834 – Roadway Drainage System Maintenance 1 Mi. $

1.4 861 - Cattleguard Maintenance (14 foot) 1 Each $

1.5 Construct Earthen Barricade 1 Ea. $

2 Vegetation Management (Service Wage Rates)

2.1 842- Roadway Vegetation Maintenance (mechanical, single lane) 1 Mi. $

2.2 851 - Hazard and Obstruction Removal (6 treees/mile)

1 Mi. $

3 Construction (Davis-Bacon Wage Rates)

3.1 Construct Drain Dip 1 Ea. $

3.2 Install Cattleguard

(GFM, 14’ width, native surfacing) 1 Ea. $

3.3 Install CMP (GFM – 24”) 1 Ea. $

3.4 Pothole Patching 1 Ton $

3.5 Install Steel Gate (GFM – 14 foot) 1 Ea. $

4 Rock Crushing (Service Wage Rate)

4.1 Crush and Stockpile Aggregate, Grading D

(stockpile site is at the source) 1 CY $

Equipment Rates (Service Wage Rates)

5.1 Motor Grader w/operator (min 155 hp) 1 Hr. $

5.2 Backhoe w/operator (min 78 hp) 1 Hr. $

5.3 Dump Truck w/operator (min 10 cy) 1 Hr. $

5.4 Excavator w/operator (min.120 hp) 1 Hr. $

5.5 Water Truck w/ operator (min 3000 gal) 1 Hr. $

5.6 Skidsteer w/ operator (min 49 hp) 1 Hr. $

5.7 Mini Excavator w/ operator (min 25 hp) 1 Hr. $

** Hourly rates for equipment with operators will be used for negotiation and evaluation purposes only. Vendors shall bid all line items with exception to line items 2 and 4 to be considered for the award pool. Line items 2 and 4 will be separate award pools.**

Mobilization is incidental and shall be captured within the hourly rates. Base mobilization on a total of 200 miles round trip.**

Call Order Summary:

Total Bid Amount (IGE)

Umatilla Roadside Brushing Base Items $

Option Items $ Total $

Malheur Rock Crushing

Whitman Blading

West Fork Chicken Cr. Culvert Replacement

Option Items $ Total $

Note: The Government intends to make a single award for the required work on individual BPA calls. Vendors are encouraged to bid the call orders but are not required (see attached call orders and related documents).

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 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, line item number and, if applicable, the order number;

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

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

Government bill of lading;

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the

Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.

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

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

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice.

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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

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

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

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

(C) Affected 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.

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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

(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:

PROJECT DESCRIPTION

(a) Description of Work- This solicitation is for road maintenance and construction work to be performed on the Blue Mountain Tri- Forest area composed of the Malheur, Umatilla, and Wallowa-Whitman National Forests. This solicitation and any resultant Blanket Purchase Agreements may incorporate service, construction, emergency work, and potential for other complex work requirements.

Work includes but is not limited to the following:

Typical Service Activities

Road Maintenance service types of work will consist of routine work necessary to maintain the National Forest Road System in a functioning condition, providing safe public access and protecting the transportation facility investment and adjacent environmental resources.

Work is generally confined to within the limits of the existing traveled way and adjacent ditches, shoulders and cut/fill slopes.

Work may also take place under or adjacent to the traveled way for resource protection, road stabilization, or to maintain traffic flow.

Potential Performance Activities: Sign Maintenance; Work Area Management (traffic control); Bridge maintenance; Surface Maintenance (Blading, Compaction, Watering); Drainage Maintenance (Slide & Slough Removal, Ditch Cleaning, Culvert Inlet/Outlet Cleaning, Cross-drain installation and maintenance, Ditch and Catch Basin Buttressing), Shoulder maintenance, Fill slope Armoring, Hazard Removal (Danger Tree Falling, Rock Fall and Debris Removal, etc.); Vegetation Management (seeding, brushing requirements); Bridge, guardrail, and Cattle guard Maintenance; Road Closure Device Maintenance or Construction, Rock Crushing and Stockpiling; Placement of Spot Rock; Dust Abatement; Minor Flood Repair and Water Diversion, and Road Demolition. Burned Area Emergency Response (BAER), Fire Suppression Rehabilitation, and Stream Restoration. Other complex systems may be within the scope to support road maintenance and restoration activities. Log out and mobilization costs are incidental to ordered work unless otherwise specified in the call order.

Work performed under this description is subject to the requirements of the Service Contract Act.

Typical Construction Activities

Road construction types of work will consist of all construction activities normally associated with new road construction or reconstruction, but will be limited in scale, size, and complexity.

Work is generally confined to within the limits of the existing traveled way and adjacent ditches, shoulders and cut/fill slopes, or under the road prism for stream crossing improvements or road stabilization.

Possible Performance Activities: Surveying/Staking of Work Activities, signing (traffic control and new sign installation);

Clearing; Earthwork and realignment; Drainage (surface, subsurface, drain dips, corrugated metal pipe, under drains, etc.);

Aquatic Passage Work activities (small bridges or prefabricated structures, etc.); Aggregate Placement (base, surface, pit-run, riprap, etc.); Erosion Control (some erosion control such as seeding may be a service work activity; Shoulder, cut and fill slope reconstruction; Asphalt Placement, Asphalt Restoration (grinding, overlays, pothole patching, skin patching, crack sealing, chip sealing (some activities may be service work activity for supply/install), etc.); Cut/Fill Slope Stabilization; Aquatic Passage Construction; Cattle guard Installation; Installing Closure Devices (gates, earthen barriers, guardrails, etc.); Fence and Gate construction. Burned Area Emergency Response (BAER), Fire Suppression Rehabilitation, Stream Restoration, and specialty projects may also be included, such as recreation facility enhancements (campground road/trail work, toilet installation, parking lot and boat launch repairs, etc.). Other complex systems may be within the scope to support road maintenance and restoration activities. Emergency road repairs may require snowplowing for access, but in general, snowplowing is not part of this contract.

Log out and mobilization costs are incidental to ordered work unless otherwise specified in the call order.

Work performed under this description is subject to the requirements of the Davis-Bacon Act.

Minimum equipment specifications for applicable work activity groupings are as follows. Equipment listed represents what has been utilized in past projects and what is typically expected but not required for a contractor’s fleet.

1. Road Grader:

a. Engine rating of at least 155 hp (base power, all gears, gross).

b. Blade assembly dimensions at least 14 ft by 24 inch.

2. Dump Truck:

a. Engine rating at least 350 hp.

b. Dump box with at least 10 cubic yard struck capacity.

3. Belly Dump Truck:

a. Engine rating at least 300 hp.

b. Dump box with at least 20 cubic yard struck capacity.

4. Water Truck:

a. Engine rating at least 300 hp, with a minimum capacity of 3,000 gallons.

b. Watertight tank with adequate capacity to efficiently complete projects.

c. Equipped to provide positive, uniform control of specified water application rate.

d. Equipped with air gap or positive anti-siphon device between the water source and the vehicle.

e. Inside-cab operating controls

5. Medium Dozer:

a. Net engine power at least 90 hp to a maximum of 185 hp

b. Equipped with a six (6) way blade at least 8 feet in length and rear-mounted ripper with 3 or more teeth with a ripping depth of 12 inches or more.

6. Large Dozer:

a. Net engine power at least 185 hp

b. Equipped with rear-mounted ripper with 3 or more teeth with a ripping depth of 12 inches or more.

7. Small Excavator:

a. Weight class at least 18,000 lbs.

b. Net engine power at least 55 to 125 hp

c. Bucket with at least 0.25 cubic yard struck capacity

8. Excavator:

a. Weight class at least 41,000 lbs.

b. Net engine power at least 120 to 240 hp.

c. Bucket with at least 1.1 cubic yard struck capacity

9. Mechanical Brush Cutter:

a. Able to cut up to 20 feet from edge of road.

b. Able to operate from existing road surface without damaging road surface.

c. Cutting head able to cut to within 4 inches of ground surface.

10. Front End Loader:

a. Engine rating at least 75 hp.

b. Bucket with at least 3.0 cubic yard struck capacity.

11. Backhoe Loader:

a. Engine rating of at least 78 hp.

b. Loading bucket

12. Walking Backhoe/Excavator:

a. Four (4) independently hydraulic powered adjustable legs and power driven wheels) with opposable thumb on buck and cable winch with 360o rotation working ability.

b. One Bucket, with digging teeth and hydraulic thumb designed to handle boulders and logs, 18-24".

c. Ability to operate in 5 feet of water and work on 1:1 slope.

d. Diesel engine with a minimum power (Net) of 55 h.p. (If other than 55 h.p., meaning 78 h.p. or larger, provide pricing and equipment description as specified on Page 54 herein.)

e. Minimum backhoe reach of 25 feet (horizontal) and minimum backhoe digging of 15 feet (horizontal) reach.

f. Hydraulic winch mounted on the machine with a minimum of 150 ft of ½ inch cable rated at 10,000 lbs or more.

g. Pads on legs with teeth may be needed to exit streams.

h. Capable of propelling itself with four (4) rubber tires.

i. Power to the rear tires or all 4 tires.

j.

13. Skidsteer

a. Engine rating at least 49 hp.

b. Minimum 60” bucket width

14. Mini Excavator

a. Engine rating at least 25 hp.

b. Minimum 1.5 Cu. Ft. bucket capacity

15. Utility and Support Vehicles:

a. On highway vehicle.

b. Able to Service all listed equipment.

Requirements of all equipment:

1. All equipment and vehicles to be used at the job site shall be cleaned and free of invasive species (noxious weeds), seeds, external grease and oil and shall be inspected prior to entrance onto Federal lands. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the Contractor or Subcontractor.

2. All protective plating and armoring shall be intact and properly functioning on the equipment to reduce the potential for damaging hydraulic hoses or the undercarriage.

3. Spill kit approved by OSHA for petroleum product leaks will be on site at all times.

Labor Rates:

Call orders issued under this BPA shall require Service Contract Act wage rates or Construction Wage Rate requirements or both depending on specific activities within the call order.

General Guidelines:

Project areas are located on the Wallowa Whitman, Umatilla, and Malheur National Forests boundaries. The scope covers Federal and local agency lands within Forests’ boundaries which include but are not limited to; all counties within forest boundaries. The BPA call will be issued and administered by a Government entity.

(b) Resulting Award – BPA calls will be issued against any resultant Blanket Purchase Agreements and reference the parent Blanket Purchase Agreement when ordered by warranted contracting personnel from Region 6 AQM within 150 miles of Forests’ boundaries.

In accordance with the Ordering Procedures Provision herein, BPA calls placed against the Agreements may be competed within the awardee pool or sole source when determined to be in the Governments best interest.

SPECIFICATIONS

General specifications for each Contract Scope individually described by an item number in the Schedule of Service Items can be found in individual call orders (note-specifications may change at time of BPA call creation).

PERFORMANCE REQUIREMENTS

All work shall be performed in accordance with the attached performance based standard specifications unless otherwise specified in a call order.

Acceptable Quality Levels (AQLs) for each performance standard are also established in the attached documents. AQLs may vary between forests. These AQLs will apply to all ordered work unless otherwise specified in a call order.

The attached performance standards, typical drawings, and AQLs are part of this solicitation and any resulting contract.

CONTRACTOR QUALITY CONTROL INSPECTION

When requested by the Contracting Officer, the successful Contractor(s) shall provide a written Quality Control Plan satisfactory to the Government describing how the Contractor will control work quality and document inspection results for awarded call orders.

Contractor shall conduct ongoing quality control inspections in accordance with the approved plan. Contractor shall also provide written certification for all invoiced work that was accomplished in accordance with the terms and conditions of the contract.

Inspection shall be maintained concurrent with contract work. Contractor inspection results shall be available to the Contracting Officer at all times

GOVERNMENT QUALITY ASSURANCE

Government Quality Assurance Plan

The Government may make periodic inspections while work is in progress. After completion of a pay item, the Government may also inspect to determine compliance with performance standards and acceptable quality levels. Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive

Acceptance and Payment for Road Maintenance

Acceptance will be based on visual inspection of pay items. If visual inspection finds that Acceptable Quality Levels for any Performance Standard is not met, rework will be required.

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

INSPECTION AND ACCEPTANCE FOR CONSTRUCTION

Inspection and acceptance procedures for construction are found in the construction specifications that will be referenced in the call order.

MEASUREMENT AND PAYMENT

1) Service Call Orders: All measurements and payments are as defined in the Forest Service Performance Based Maintenance Specifications (as included elsewhere in this document), or on the specifications provided within the individual call order(s).

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.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of BPA calls by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through December 31, 2028.

(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.

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

BLANKET PURCHASE AGREEMENTS – REVIEW PROCEDURES

“Maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements”.

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 obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of _$500,000_ __ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of _$1,000,000_ __ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within ____15_______ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __10___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be held with each individual vendor upon successful award of first BPA call and prior to performance. The conference will be held at the Forest Service Office designated in the BPA call, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager Qualified Operator - The government reserves the right to request a new operator for any of the equipment, if that operator is not capable of performing work in a safe, efficient, and proficient level.

Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 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 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 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.

USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

The Contractor shall request permission (in writing) from the appropriate Ranger District to use campsites. If permission is granted, the District Ranger's letter shall specify all conditions and requirements.

It is further stipulated that in addition to clean-up of any camp sites, the Contractor is required to remove all his equipment from National Forest land before final acceptance and payment of the project.

Portable chemical toilets, self-contained holding tanks, approved pit or vault toilets which meet State Code are required.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

A. Safety/ Pollution/ Erosion Control Plan. The contractor would be required to have a written plan which describes measures to prevent or reduce impacts from potential spills (fuel, hydraulic fluid, etc.) The plan should contain a description of the hazardous materials that would be used, including inventory, storage, handling procedures; a description of quick response containment supplies that would be available on the site (e.g. a silt fence, straw bales, oil-absorbing pads, floating boom whenever surface water is present).

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. An environmentally compatible hydraulic fluid shall be used during project operations. “In-stream Work”

D. Mechanized equipment shall have the appropriate spill containment equipment.

E. Staging areas would be designated as far as possible from streams (because of the drawbottom road and confined canyon, a staging area of 300’ slope distance will not always be possible to achieve). These staging areas would be used for fueling, equipment storage, and maintenance.

F. All equipment used for instream work shall be cleaned and leaks repaired…