1.Solicitation.doc

Deschutes, Ochoco and Fremont-Winema National Forests

Prescribed Fire, Suppression Repair and BAER

Deschutes, Ochoco and Fremont-Winema National Forests

Prescribed Fire, Suppression Repair and BAER

Offeror to complete blocks 12, 17, 23, 24, & 30

LOCAL TIME 4:30 PM

INFORMATION CALL

10. THIS ACQUISITION IS

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UNRESTRICTED

SET-ASIDE. 100% FOR

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SEE SCHEDULE

Ochoco National Forest 3160 NE Third St.

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SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

Prineville, OR 97754 Attn: Cyndy Armour

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8(A)

UNDER DPAS (15 CFR 700)

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SOLE SOURCE

13b. RATING

RFQ

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IFB

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RFP

FACILITY CODE

National Finance Center

Invoice must be input into the IPP (Invoice Processing Platform) https://www.ipp.gov/vendors/enrollment-vendors.htm

TELEPHONE:

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

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

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SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Deschutes, Ochoco and Fremont-Winema National Forests Prescribed Burn Services, Suppression Repair and BAER work. Multiple Award BPAs (see below for Schedule of Items and where to put your pricing)

Contractors MUST be registered in SAM (System for Award Management) and IPP (Invoice Processing Program) to be eligible for award. If contractor is not registered before time for award, your response to this solicitation will be considered invalid and will not be considered for award.

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Cynthia B Armour

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

PRESCRIBED FIRE (RX FIRE)

SUPPRESSION REPAIR/BAER WORK

Daily rates provided in your quotes will be used for determining price reasonableness and inclusion in the BPA award. In the spring of each year, pricing for RX Burning line items will be requested for that year and must be valid for the remainder of that year. Lowest priced qualified vendor will be ordered first until their resources are used up, then the next lowest priced qualified vendor will be ordered until their resources are used up etc….. Daily rates MUST be fully loaded rates.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

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COMPLETE FORMCHECKBOX

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FINAL

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FINAL

STANDARD FORM 1449 (REV. 4/2002) BACK

1. WORK DESCRIPTION FOR WORK ACTIVITIES

Project Location – Work will be performed on the Deschutes, Ochoco and Fremont-Winema National Forests any/all Districts.

The Deschutes, Ochoco and Fremont-Winema National Forests are acquiring services to assist with its 2020 through 2030 prescribed (RX) fire programs. These services (nonemergency) will meet the intent of the National Fire Plan in accordance with Public Law 106-291. It will involve hiring equipment with operators and 10 person crews to help in the execution of prescribed burns. Equipment that could be hired will be engines, tenders, dozers, excavators and skidgens, etc... This is Blanket Purchase Agreement (BPA) type contract spanning 10 years of priced service items for the above mentioned National Forests. During the contract period the Government is not obligated to place any orders, but when they do, they will be placed with the awarded Contractors of this BPA.

The Deschutes, Ochoco and Fremont-Winema National Forests are acquiring services for Suppression Repair work in 2020 through 2030 for its Suppression Repair activities. These services will be hired after a wildfire has been contained and repair work is contemplated. It will involve hiring equipment with operators to help in the repair of resource damage that may have occurred during wildfire operations. Equipment that could be hired will be dozers, excavators, graders, backhoes, dump trucks etc... This is Blanket Purchase Agreement (BPA) type contract spanning 10 years of priced service items for the above mentioned National Forests. During the contract period the Government is not obligated to place any orders, but when they do, they will be placed with the awarded Contractors of this BPA.

The Deschutes, Ochoco and Fremont-Winema National Forests are acquiring services for BAER (Burned Area Emergency Response) work in 2020 through 2030 for its BAER activities. These services will be hired after a wildfire has been contained and the need for emergency response work is assessed. It will involve hiring equipment with operators to help in the emergency response to critical values that have unacceptable post fire risks due to the effects of the fire. Equipment that could be hired will be dozers, excavators, graders, backhoes, dump trucks etc…. This is Blanket Purchase Agreement (BPA) type contract spanning 10 years of priced service items for the above mentioned National Forests. During the contract period the Government is not obligated to place any orders, but when they do, they will be placed with the awarded Contractors of this BPA.

The government anticipates making awards to multiple individual companies per line item (up to 15 vendors per work activity). If contracting companies can clearly show they have the capacity (through their technical approach) to provide resources for multiple line items, then awards of multiple line items may be considered to that company for those services indicated in the Schedule of Items. Companies are not required to quote on all services being offered on this BPA to be considered responsive to this solicitation.

NOTE: The general fire activities used for future call orders will generally be a firm fixed price service, however; activities may include equipment-daily rates for certain work activities or support line items.

Some parts of this solicitation are only relevant to one of the three activities being advertised for, note below for explanation:

Relevant to Prescribed Burn – RX

Relevant to Suppression Repair – SR Relevant to BAER – BR Relevant to ALL Activities - ALL

2. SCOPE - PRESCRIBED BURN (RX)

The intent of this contract is to provide hand crew(s), engine(s), tender(s), skidgen(s) and excavator(s) to assist with prescribed burning. Prescribed burn services may include operational duties such as fire line construction and/or maintenance, fuel modification zone construction, fuels pullback, brushing/lopping/scattering/pruning, ignition, holding/suppression, mop-up and patrol. The Contracting Officer’s Representative or Government Technical Monitor (GTM/Inspector) will describe the specific objectives of any operational duty, normally during a pre-operational briefing. The objectives and operational duties may change during prescribed fire operations, and the Contracting Officer’s Representative or GTM will be the designated persons to communicate such changes. The Contractor shall provide all services, supervision, equipment and supplies (except those specified as Government furnished), transportation, lodging and qualified/trained personnel (see Exhibit A and Exhibit B) necessary to meet or exceed the contract specifications.

During the performance period 2020 through 2030 Contractor’s hand crews, tenders, engines, excavators and skidgens shall be available to perform Prescribed Burn activities. The period during which work will actually be performed will be dependent on burn windows and will be designated by the Government in a BPA Call. Notification that a BPA Call will be placed could be as short as an 18 hour advance of start work time/date. However, BPA Calls may be unilaterally cancelled or postponed by the Government if prescribed burn conditions are determined to be unfavorable. There is no guarantee of full-time work for the entire performance period.

Prescribed burn activities will require the use of Contractor provided tools and equipment, Personal Protective Clothing and Equipment (see Exhibit A).

English Speaking Requirement RX - Prompt and efficient communications between the Contractor’s hand crew personnel and the Government’s prescribed fire personnel is mandatory for safe and effective performance. At a minimum, the Contractor’s Crew Boss (CRWB) and Squad Boss (FFT1) of every hand crew shall be proficient in the English language. The CRWB must be proficient in all languages used by the hand crew. The Squad Bosses (FFT1) must be able to communicate proficiently in any language used by their squad members. The CRWB and all Squad Bosses (FFT1) must also be able to read the Prescribed Fire Burn Plan and communicate the information contained therein to all hand crewmembers. All radio communication on Government-assigned frequencies shall be in English.

10 Person Prescribed Fire Hand Crew RX – The Prescribed Fire Hand crew shall consist of 1 qualified Crew Boss (CRWB), 2 qualified Squad Boss (FFT1) and 7 qualified Hand crew members (FFT2). Contractor may be allowed to use up to 2 additional trainees at no additional cost to the Government.

For each Prescribed Fire Hand crew, the Contractor will provide and maintain the clothing and equipment as specified in Personal Protective Clothing and Equipment (see Exhibit A and B). At least one operational chainsaw (per 10 person hand crew) with qualified operators shall be available with the hand crew at all times. Contractor shall ensure each Prescribed Fire Hand crew has adequate supplies for the operational period including food, water, saw gas and oil, batteries for radios and headlamps and first aid supplies. All personnel shall have heavy-duty, leather, laced boots with melt resistant soles and measure a minimum of 8” from the bottom of the heel to the top of the upper.

All hand crew personnel shall pass the “Work Capacity Fitness Test” (WCFT) at the arduous level (3-mile hike with a 45-pound pack in 45 minutes or less). Copies of the publication titled “Fitness and Work Capacity,” NFES 1956, Dec. 2009 Edition, and associated videos can be purchased from the National Interagency Fire Center, 3833 S. Development Avenue, Boise, ID 83705. https://www.nifc.gov/ Contractor shall provide proof that employee(s) has/have met this requirement.

The Prescribed Fire Engine RX -shall conform to the minimum standards for each type of engine (see List of Attachments Exhibit D). The Prescribed Fire engine crew shall consist of 1 qualified engine boss (ENGB) and one engine crew member (FFT2). Contractor may be allowed to use 1 trainee at no additional cost to the Government.

For each Prescribed Fire Engine, the Contractor will provide and maintain the clothing and equipment as specified in Personal Protective Clothing and Equipment (see Exhibit A-PPE). Contractor shall ensure each Prescribed Fire Engine has adequate supplies for the operational period including food, water, vehicle and pump fuel, saw gas and oil, batteries for radios and headlamps and first aid supplies. All personnel shall have heavy-duty, leather, laced boots with melt resistant soles and measure a minimum of 8” from the bottom of the heel to the top of the upper.

All engine crew personnel shall pass the “Work Capacity Fitness Test” at the arduous level (3-mile hike with a 45-pound pack in 45 minutes or less). Copies of the publication titled “Fitness and Work Capacity,” NFES 1956, Dec. 2009 edition, and associated videos can be purchased from the National Interagency Fire Center, 3833 S. Development Avenue, Boise, ID 83705. Contractor shall provide proof that employee(s) has/have met this requirement.

Prescribed Fire Tender RX – The Prescribed Fire Tender shall conform to the minimum standards for each type of tender (see Exhibit C). The Prescribed Fire tender crew shall consist of 1 qualified water tender operator (WTOP). Contractor may be allowed to use 1 trainee at no additional cost to the Government.

For each Prescribed Fire Tender, the Contractor will provide and maintain the clothing and equipment as specified in Personal Protective Clothing and Equipment (see Exhibit A). Contractor shall ensure each Prescribed Fire Tender has adequate supplies for the operational period including food, water, vehicle and pump fuel, saw gas and oil, batteries for radios and headlamps and first aid supplies. All personnel shall have heavy-duty, leather, laced boots with melt resistant soles and measure a minimum of 8” from the bottom of the heel to the top of the upper.

All crew personnel shall pass the “Work Capacity Fitness Test” at the light level (1-mile hike 15 minutes or less). Copies of the publication titled “Fitness and Work Capacity,” second edition NFES 1956 April 1997, and associated videos can be purchased from the National Interagency Fire Center, 3833 S. Development Avenue, Boise, ID 83705. Contractor shall provide proof that employee(s) has/have met this requirement.

Prescribed Fire Skidgen RX– The Prescribed Fire Skidgen shall consist of a minimum of 1 qualified Skidgen Operator (EQOP).

For each Prescribed Fire Skidgen, the Contractor will provide and maintain the clothing and equipment as specified in Personal Protective Clothing and Equipment (see Exhibit A). Contractor shall ensure each Prescribed Fire Skidgen has adequate supplies for the operational period including food, water, equipment and pump fuel, batteries for radios and headlamps and first aid supplies. All personnel shall have heavy-duty, leather, laced boots with melt resistant soles and measure a minimum of 8” from the bottom of the heel to the top of the upper.

The Prescribed Fire Skidgen will be permitted to operate off system roads, as necessary to accomplish prescribed fire objectives.

Work Environment ALL -The work is performed in a forest and rangeland environment in steep terrain where surfaces may be extremely uneven, rocky, covered with thick tangled vegetation, etc. Temperatures are frequently extreme, both from the weather and from the fire. Smoke and dust conditions are frequently severe.

The normal work shift will be 12-14 hours per day. If required by the Government, work shifts may be increased to a maximum of 16 hours per day. The work schedule, including time on and off shift and work days, will be established by the Government based on burn day needs. The Government will designate the shift time start and location, normally at the prescribed fire work site. All Contractor personnel shall have the specified PPE and equipment at the shift time start. The typical shift is 0800 (8:00 AM) to 2200 (10:00 PM). The COR or GTM (Government Technical Monitors)/Inspector shall notify the Contractor prior to departure of the work activities for the following day, if required.

Physical Demands -The work requires strenuous physical exertion for extended periods including walking, climbing, chopping, throwing, lifting, pulling and frequently carrying objects weighing fifty (50) pounds or more.

Personnel Requirements and Qualifications – All contract personnel must be qualified for the job/position they are performing according to agency direction found in the “Fire and Aviation Management Qualifications Handbook” (FS-5109.17).

Vehicle Safety ALL - Prescribed Fire Hand crew, Engine, Tender, Dozer, Excavator and Skidgen contractor shall provide dependable ground transportation that meets all State and federal laws relating to motor vehicles operating within the State of Oregon. The vehicle(s) must be capable of carrying the crew and equipment to and from the work site. Vehicle(s) that become inoperable will be towed at Contractor's expense. Contractor shall provide two vehicles for each 10 person hand crew. The Contractor is responsible for vehicle maintenance including normal wear and tear. The Government reserves the right to conduct pre use vehicle safety inspections upon Contractor arrival. (Using modified VIPR Incident Inspection Checklists-attached). Vehicle(s) that are determined to be unsafe for operation may be rejected. Rejected vehicle(s) shall be brought into compliance or replaced by Contractor within 24 hours. Operators will be properly licensed and endorsed for the equipment type and model they are operating.

All Contractor vehicles must have external identification. The identification must be located on front driver side and passenger side doors. As a minimum, the identification must include the Contractor’s business name as it appears on the contract.

3. PROJECT LOCATION - ALL

The services may take place on selected project areas on the Deschutes, Ochoco and Fremont-Winema National Forests, in the State of Oregon.

Accessibility - All work areas may be reached by Forest roads that are accessible by standard two-wheel drive pickup trucks during normal operating seasons. The Government will not plow snow or do special maintenance to keep roads open. Vehicle travel is limited to designated open roads. Spur roads are not maintained and are frequently blocked by earth barricades or designated closed by “carsonite” stakes. Blocked roads or closed roads are not open to vehicle travel. Vehicle travel on some closed roads may be allowed with prior written permission. Some units may require walk-in distances, such work is considered incidental and no additional payment will be made.

4. DEFINITIONS - ALL

Brushing/lopping/scattering - Removing live or dead vegetation by slashing and pruning for the purpose of hazardous fuel reduction and safety. Severed vegetation may be scattered or piled. Lopping is the cutting of tops, branches and tree boles of felled material so that the material will lie close to the ground. Scattering is the spreading of cut or lopped material so that is evenly distributed across the ground.

Certifying Authority – Contractors’ employee who is responsible for all training, safety and employer requirements for all fire crew members and all equipment operators.

Contracting Officer – Government personnel with authority to enter into, administer, and/or terminate contract and make related determinations and findings.

Contracting Officer's Representative - the COR is the on-site Contract Administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

Contractor - The legal entity, whether by and through its owners, corporate officer of the company or legally appointed representative, to whom this contract has been awarded.

Contractor’s Representative - Contractor shall appoint a representative to deal with all matters pertaining to this contract, including work assignments and time on shift. The Contractor’s Representative shall be on the work site during all prescribed fire activities.

Crew - Type 2 10-person” means a firefighting unit consisting of 7 Firefighter Type 2 (FFT2), 2 Advanced Firefighter/Squad Bosses (FFT1), and 1 Crew Boss, Single Resource (CRWB), of whom 40% or more have at least one season of firefighting experience.

Engine Boss – (ENGB) Each Squad Boss shall have met the training and experience requirements for Engine Boss and the performance tasks in PMS 311-14 (PTB) for FFT1. Operator will be properly licensed and endorsed for the equipment type and model they are operating.

Fire Crew Member (FFT2): All other Crew Members shall have met the training requirements for Firefighter Type 2.

Fireline Construction – Hand Line: Fire lines shall be cleared of all brush and debris for a minimum width of 10 ft. with the outer edge of the clearing inside the burn unit boundary. Debris for the clearing shall be scattered inside the burn unit to reduce the creation of a windrow of slash along the fire line. A continuous fire line, minimum of 18 inches wide (or as determined during project) shall be dug to mineral soil within the outer portion of the clearing. Any berms created during fire line construction shall be on the outside edge of the 18 inch line, away from the interior of the burn unit.

Fireline Construction – Machine Line: Fire lines shall be cleared of all brush and debris for a minimum width of 10 feet with the outer edge of the clearing inside the burn unit boundary. Debris from the clearing shall be scattered inside the burn unit to reduce the creation of approximately 6 feet wide (or as determined during project) for mechanical, shall be dug to mineral soil within the out portion of the clearing. Any berms created during fire line construction shall be on the outside edge of the fire line (mineral soil fire line), away from the interior of the burn unit.

Fire Terminology - https://www.fs.fed.us/nwacfire/home/terminology.html#top Fuel Modification Zone Construction - Treatment of an area to reduce adverse fire effects, limit rate of spread, and establish defensible areas during fire suppression activities by slashing shrubs, small vegetation and the pruning of live vegetation. Treated areas are usually along ridge lines, between separate stand and vegetative types, or adjacent to private property.

Fuels Pullback - Removing surface fuels from the base of standing trees and snags for a designated distance and removal of ladder fuels by pruning for a designated height.

Government Technical Monitors (GTMs) – GTMs will be designated by the CO. The GTM is a replacement title for Inspector. The duties will be inspection of services provided. The duties and responsibilities of a GTM are defined in the letter of designation issued by the CO.

Holding/suppression – Monitoring the burning area closest to the fire line, detecting and extinguishing fire or smokes that are outside of the fire line. Water, water foam mixtures and dirt may be used to extinguish burning material. Holding activities occur near the fire line, or in the event of dense smoke and reduced visibility, holding may occur in an area of improved visibility a short distance outside of the fire line. Holding distance from the fire line will be the expected spotting distance as described in the pre-operational briefing. Generally, holding activities follow the flaming front of the prescribed fire.

Ignition – The act of starting the prescribed fire. Ignition devices that may be used are drip torches and fusees. Contractor will ensure any hand crew members assigned to ignition duties are trained and qualified to operate ignition devices safely and competently.

Inspection Checklists – Checklists that will be used when a piece of equipment reports to a RX burn, suppression repair or BAER project. They are attached to this solicitation.

Mop-up - The act of extinguishing the prescribed fire after the initial burn period. Water, water foam mixtures and dirt may be used to extinguish burning material, or burning material may be removed from near firelines, logs may be trenched to prevent rolling, and burning or burnt material may be carefully examined and monitored to ensure it is extinguished. The minimum performance level for mop up is 1/3 acre per person per 8 hour day.

Patrol – Similar to holding activities except that patrolling begins after the ignition has been completed. Patrolling may occur immediately after ignition, or during subsequent burn periods.

Prescribed (RX) Burning - The burning of forest or range fuels on a specific area under predetermined conditions so that the fire is confined to that area to fulfill silvicultural, wildlife management, sanitary or hazard reduction requirements, or otherwise achieve forestry or range objectives.

Pruning - Removal of live and dead limbs from standing trees for a specified height for the purpose of removing ladder fuels. Pruned material is usually pulled back from the tree bole for a specified distance.

“Self Sufficient” means to supply one’s own needs without Government assistance.

Single Resource Crew Boss (CRWB): Responsible for supervising and directing a fire suppression hand crew. The Crew Boss shall have met the training and experience requirements for Single Resource - Crew Boss and the performance tasks in PMS 311-13 (PTB) for CRWB.

Skidgen Operator – (EQOP) An experienced and competent skidgen operator. The skidgen operator must have experience on the equipment type and model provided by the Contractor.

Squad Boss (FFT1): Responsible for supervising and directing up to five fire crew members (FFT2). Each Squad Boss shall have met the training and experience requirements for Advanced Firefighter/Squad Boss and the performance tasks in PMS 311-14 (PTB) for FFT1.

Tender Operator – (WTOP) An experienced and competent tender operator. The tender operator must have experience on the equipment type and model provided by the contractor. Operator will be properly licensed and endorsed for the equipment type and model they are operating.

WFIQC - Each CRWB/FIRB, FFT2, FFT1, WTOP and EQOP shall possess a valid Wildland Fire Incident Qualification Card (WFIQC (also known as a Red Card) or similar official agency document) issued by any of the NWCG member agencies in the western states (Oregon, Washington, California, Idaho, Nevada, Alaska, Arizona, Utah and Montana) and have acceptable support documentation that the individual has met the training and experience requirements for such position(s).

The Government reserves the right to reject any CRWB/FIRB, FFT1, FFT2, WTOP or EQOP who is not in full compliance with the specifications listed above. In addition, failure of any personnel to demonstrate an ability to perform the tasks listed in the Position Task Book (PTB) for that individual’s position shall be cause for immediate release of that individual from the prescribed fire operation.

Wildland Fire Safety Training Annual Refresher - In addition to the training requirements for the CRWB, ENGB, FFT1, and FFT2 positions described above, Tender and Skidgen Operator, the Contractor shall ensure that all of its returning certified employees complete RT-130 Wildland Fire Safety Training Annual Refresher prior to a prescribed fire assignment. The Contractor shall place in the employee’s training file a course roster and training certificate, signed and dated after January 1 of the current calendar year, by the instructor that confirms firefighter attendance and completion of the required annual refresher training.

Wildland Fire Safety Training Annual Refresher must be at least six 6 hours in length and must include the following core topics:

Entrapment Avoidance – Use training and reference materials to study the risk management process (as identified in the Incident Response Pocket Guide) and rules of engagement (e.g., LCES, 10, 18, Look Up, Look Down, Look Around). Current Issues – Review and discuss identified “hot topics” and “national emphasis topics” including the “Do the Right Thing” video. Review forecasts and assessments for the upcoming fire season and discuss implications for firefighter safety. Fire Shelter – review and discuss last resort survival. Conduct “hands-on” fire shelter inspections. Practice shelter deployments in applicable crew/module configurations. No “live fire” exercises for the purpose of fire shelter deployment training will be conducted. Other Hazards and Safety Issues – Choose additional hazard and safety subjects, which could include SAFENET, current safety alerts, site/unit specific safety issues and hazards.

5. SCOPE – SUPPRESSION REPAIR - SR

The Deschutes, Ochoco and Fremont-Winema National Forests are acquiring services for Suppression Repair work in 2020 through 2030 for its Suppression Repair activities. These services will be hired after a wildfire has been contained and repair work is contemplated. It will involve hiring equipment with operators to help in the repair of resource damage that may have occurred during wildfire operations. Equipment that could be hired will be dozers, excavators, grader, backhoe, dump truck etc. This is Blanket Purchase Agreement (BPA) type contract spanning 10 years of priced service items for the above mentioned National Forests. During the contract period the Government is not obligated to place any orders, but when they do, they will be placed with the awarded Contractors of this BPA.

After a fire, the first priority is emergency stabilization in order to prevent further damage to life, property or natural resources. The stabilization work begins immediately and may continue for up to a year. Repair focuses on the lands unlikely to recover naturally from wildland fire damage. A written BPA Call will be issued with a suppression repair plan that includes specifications that pertain to the ground that is to be repaired. The BPA Call will specify the work that needs to be done, pieces of equipment that will be required and the time that the work will take to get accomplished. Each BPA Call will have specific evaluation criteria that will need to be responded to along with the pricing. If a fire is in a “contained” status when the suppression repair is ordered, the equipment operators will need to have all the required PPE, Training and Red Card to operate during this fire status. If the fire is in a “controlled” status when the suppression repair is ordered, the above obligation of PPE, Training, Red Card qualifications are NOT required.

6. SCOPE – BAER (BURNED AREA EMERGENCY RESPONSE) - BR

The Deschutes, Ochoco and Fremont-Winema National Forests are acquiring services for BAER (Burned Area Emergency Response) work in 2020 through 2030 for its BAER activities. The objective of the BAER program is to identify post-wildfire threats to human life and safety, property and critical natural or cultural resources on National Forest System lands and take immediate actions, as appropriate, to manage unacceptable risks. Equipment that could be hired will be dozers, excavators, grader, backhoe, dump truck etc. This is Blanket Purchase Agreement (BPA) type contract spanning 10 years of priced service items for the above mentioned National Forests. During the contract period the Government is not obligated to place any orders, but when they do, they will be placed with the awarded Contractors of this BPA.

In the Forest Service, the post-fire emergency response program is known as the Burned Area Emergency Response (BAER) program. If a fire is in a “contained” status when the BAER work is ordered, the equipment operators will need to have all the required PPE, Training and Red Card to operate during this fire status. If the fire is in a “controlled” status when the BAER work is ordered, the above obligation of PPE, Training, Red Card qualifications are NOT required. Potential BAER treatments may include installing water or erosions control devices, installing temporary barriers to protect critical values, replacing minor safety related structures, installing appropriate sized drainage features on roads and trails and removing critical safety hazards.

BAER teams are staffed by specially trained professionals: hydrologists, soil scientists, engineers, biologists, vegetation specialists, archeologists, and others who rapidly evaluate the burned area and prescribe emergency mitigation treatments. A BAER assessment usually begins before the wildfire has been fully contained. Both Suppression Repair and BAER work are similar in nature but have a few differences. The same types of equipment will be used for both Suppression Repair and BAER work. Both Suppression Repair and BAER work could be hired as an hourly or daily rate on the BPA calls that will be issued against the parent BPA. A written BPA Call quote will be issued with a BAER plan that includes specifications that pertain to the ground that is to be rehabilitated. The BPA Call will specify the work that needs to be completed, pieces of equipment that will be required and the time that the work will take to get accomplished. Each BPA Call will have specific evaluation criteria that will need to be responded to along with the pricing.

7. BIOPREFERRED - ALL

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.

8. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) ALT. 1 - ALL

1. (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-

a. (1) Within a reasonable time after the defect was discovered or should have been discovered; and

b. (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

2. (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.

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

4. (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.

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

6. (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.

7. (g) Invoice.

a. (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. (i) Name and address of the Contractor;

ii. (ii) Invoice date and number;

iii. (iii) Contract number, line item number and, if applicable, the order number;

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

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

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

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

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

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

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

2. (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.

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

b. (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 Part1315.

8. (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.

9. (i) Payment.-

a. (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.

b. (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 Part1315.

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

d. (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.

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

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

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

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

4. (D) Contractor point of contact.

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

f. (6) Interest.

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

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

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

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

2. (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

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

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

1. (A) The date fixed under this contract.

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

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

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

2. (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

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

vii. (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.

10. (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:

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

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

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

12. (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.

13. (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.

14. (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.

15. (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.

16. (p) Limitation of…