CORP solicitation.docx

Central Oregon Restoration Project (CORP) 2.0 Deschutes/Ochoco/Fremont-Winema National Forests

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

1204N020Q0004

6. SOLICITATION ISSUE DATE

November 25, 2019

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Cyndy Armour - Contracting Officer

b. TELEPHONE NO. (No collect calls) 541-416-6662

8. OFFER DUE DATE/LOCAL TIME

January 2, 2020 4:30

9. ISSUED BY CODE

Ochoco National Forest 3160 NE Third St.

Prineville, OR 97754 Attn: Cyndy Armour

|_| UNRESTRICTED

|X| SET ASIDE: 100 % FOR

|_| SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_||_| SEE SCHEDULE

15. DELIVER TO CODE

TELEPHONE NO._________________________

DUNs________________________

Invoice Processing Platform – IPP All invoices must be submitted electronically through the Invoice Processing Platform VIA www.IPP.gov

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. Quote prices on the next page.

25. ACCOUNTING AND APPROPRIATION DATA

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

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| 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.

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

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.212

19. ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21. QUANTITY

22. UNIT

23. UNIT PRICE

24. AMOUNT

Ochoco/Deschutes/Fremont-Winema Service Work Items

See #1 Parameters for pricing/quoting

AC

AC

AC

AC

AC

AC

MILES

PLOT

PLOT

EA

EA

Please respond fully to the solicitation requirements (e.g. pricing, representations and certifications, and selection criteria). Provide commercial pricing only for the work activities in which 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 only. Vendors are cautioned that as awards of a Blanket Purchase Agreement 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 for each activity they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific projects. Don’t include mobilization, motels, etc. as that pricing will be captured in the BPA calls.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

1. PARAMETERS FOR PRICING/QUOTING ON THIS BPA – See Appendices A-K for more information

The Offeror shall take into consideration the following representative unit descriptions when determining the pricing portion of their offer: Fuels and silvicultural treatment projects can be pre-commercial thinning and hand piling. These projects will occur on ground having an average stand density of 800 stems per acre before treatment. Pre-commercial thinning stand densities will average 110 stems per acre with approximately 20 foot spacing between leave trees. Pre-commercial thinning cuts excess trees from 1 foot tall and 9 inches DBH and cull trees up to 12 inch DBH. The slope of ground on a project varies from 0% to 35%. These treatment projects have a Limited Operating Period for wildlife between March 1 and August 31, during which no operations are allowed unless the project has been surveyed. Stand exams would occur in area as described in this paragraph prior to thinning an untreated stand.

For the grapple piling work there are on average 20 tons per acre of down woody fuels needing treatment across the project area. Slopes range from 0-35%.

Mastication may be a follow up treatment or an initial treatment where light and/or heavy brush components and/or small trees up to 7 inches for excess trees or 10 for cull trees shall be masticated. Slopes range from 0-35%.

Sub-soiling/tillage will occur along high use major skids and landings and account for 10% of the unit acreage. Slopes range from 0-35%. Subsoiling is defined as alleviating heavily compacted soils using an implement specifically designed to reduce soil strength, restore intrinsic bulk density (weight per unit volume), macropore space, permeability, infiltration, and tilth of soil layers to depth. For quoting purposes consider 1 acre of old Forest service roadway using the sub-soiling method with a winged shank.

Tree planting will be based upon the average planting of 194 to 302 trees per acre with an average spacing of 15 x 15 foot or 12 x 12 foot spacing to meet these desired results with scalping generally with a 2 x 2 foot area around the planted seedling. The sub-items in this category include, tubing, gopher baiting/trapping, vegetation barrier mat placement, grubbing, big game repellant and riparian/upland planting. For quoting purposes, provide pricing for planting a 40 acre unit using a 12’ by 12’ spacing. Stocking surveys would occur on planted acres as described in this paragraph. For this sample area the stock type is 2+0 ponderosa pine planted with a hoedad.

For Invasive Plant Control the work consists of treating invasive plants using herbicides or manual control methods. The Offeror shall take into consideration the following representative site descriptions when determining the pricing portion of their offer: herbicide treatments can be spot spray or broadcast, depending upon herbicide prescription guidance which is determined by plant population density. Consider the accessibility of the site and site safety. Timing of the treatment will depend on species and other environmental factors, such as stream flows. Buffers may be in place to protect critical habitat or sensitive species. For quoting purposes spot spray 2 miles of roadside spotted knapweed (Centaurea stoebe) having 100 occurrences in the 2 miles (in a 15 ft. belt) with the appropriate herbicide.

Hazard Trees/Damaged Trees – the main difference on these two variations is that Hazard trees are usually found in campgrounds and administrative sites, while Danger trees are usually found alongside a road. Directional felling is required of designated trees so that road, campground improvements and buildings and their improvements are not damaged. Typical tree sizes range from 10 to 35 inch DBH. To quote on this category use a dead Ponderosa Pine tree that is 24 inch DBH located along a Forest Service paved road. This tree has been dead for more than 5 years.

Snag Creation - Services may include 1) chainsaw topping, 2) high girdling, 3) platform installation, 4) bat flanges/slits, and 5) cavity creation. The Contractor shall furnish all equipment, supplies, and materials except those designated as government furnished tools, labor, supervision, transportation, and incidentals to perform all work specified herein. This work may also be ordered as a silvicultural treatment to control mistletoe infected overstory trees in plantations. When work is ordered for mistletoe control, the individual trees to be treated would be identified by the Government in the field and on a map. For quote purposes, the sample tree for topping is a live ponderosa pine with a healthy green crown, this tree has a dbh of 18 inches and approximately 65 feet tall. The service ordered is to top this tree where the tree diameter is 13 inches.

2. PROJECT DESCRIPTION

This solicitation and any resultant Blanket Purchase Agreements are a service project with Forest Restoration activities as its focus. Included activities for example, Pre-commercial Thinning Hand Treatment, Handpiling, Grapple Piling, Mastication, Subsoiling, Tree Planting and some subsets of that service, snag creation, stocking surveys and stand exams. These services will be performed on the Ochoco, Crooked River National Grassland, Deschutes and Fremont-Winema National Forests in the state of Oregon. The scope also covers Federal and Local agency lands within 120 miles of Forests’ boundaries which include but are not limited to, BLM, Crook, Deschutes, Grant, Jefferson, Klamath, Lake, and Wheeler Counties, Oregon. Work may also be accomplished on private lands, but the BPA call will be issued and administered by a Government entity.

The overall objectives of this project are:

Improve and protect:

· The vitality and resiliency of forest and range ecosystems to threats from fire, insect, disease and invasive and noxious species, including vegetation removal to promote healthy forests and rangeland

· Water resources including watershed health and productivity, water quantity and quality

· Habitat for wildlife and fish

· Air quality, including minimizing air quality impacts by removing excess fuels before the introduction of fire Reduce:

· Hazardous forest fuels on federal lands

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

· Threat of catastrophic fire to Threatened and Endangered habitat

· Effects of insect and disease epidemics

· Prevalence of noxious and exotic plants and promote reestablishment of native species

Resulting Awards:

· Multiple award Blanket Purchase Agreements (BPAs). Up to 20 vendors will be awarded in each category

· Individual orders called BPA calls will be issued against any resultant Blanket Purchase Agreement parent contracts

· BPA calls will be ordered by warranted contracting personnel from any National Forest in R6 up to their warrant authority

· This solicitation is issued as a total Small Business Set-Aside

· In accordance with the Ordering Procedures herein, BPA calls placed against the parent BPAs may be competed as a Small Business Set-Aside, HubZone, 8a, Women-Owned Small Business, Economically Disadvantaged Women-Owned Small Business, Veteran Owned Small Business or Service Disabled Veteran Owned Small Business Set-Asides, depending on organizational goals.

3. SPECIFICATIONS

General specifications for each contract activity listed in the Schedule of Items can be found in Appendices A-K. More detailed specifications will be included in each BPA call that is specific to the land being treated.

4. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

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. Don’t put EFT information on your invoice. It should be submitted in SAM.

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 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.

17. (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.

18. (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.

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

a. (1) The schedule of supplies/services.

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

c. (3) The clause at 52.212-5.

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

e. (5) Solicitation provisions if this is a solicitation.

f. (6) Other paragraphs of this clause.

g. (7) The Standard Form 1449.

h. (8) Other documents, exhibits, and attachments.

i. (9) The specification.

20. (t) [Reserved]

21. (u) Unauthorized Obligations.

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

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

b. (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:

5. CONTRACTOR OBLIGATIONS

Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work according to the BPA call specifications.

Contractor shall provide operators who have sufficient skill and experience to perform the work properly, safely and in accordance to the BPA call specifications. Operators, who in the opinion of the Contracting Officers Representative (COR) do not do so, shall be removed from the project immediately by the Contractor upon request by the CO.

Contractor shall provide one (1) non-working Foreman that is conversant and can read English proficiently.

Crew shall work a treatment unit as a single work force. Detaching or splitting one or more crewmembers, or being separated or scattered in difference parts of the same treatment unit, or in between units will not be permitted.

The Contractor, as his/her expense shall restore Government damaged property back to its original condition.

The Contractor shall furnish and place warning signs on each end of individual units that are adjacent to main travel routes. Minimum size for the sign(s) shall be two feet by two feet.

Crews need to come to the Forest with contract and contract maps, measuring tape and some way to measure the height of their hand piles.

Contractor needs to provide, at the pre-work meeting for each BPA call, a work schedule so the Government can see how the Contractor plans to accomplish the contract work in a timely fashion meeting all deadlines. Include in the Schedule the timing restrictions and how the Contractor plans to include those restrictions in their schedule.

6. CONTRACTOR COMMUNICATION REQUIREMENTS

· Contractor will have foreman/crew leaders that can read and speak English with a high proficiency. Must be able to read the contract and Detailed Information Sheets so they can follow and implement the contract specifications. The Government may perform an evaluation of the proficiency of the Foreman in their English language ability.

· Office phone should have Voice Mail set up so the Government can leave a message when needed. Inbox should NOT be full so Government can’t leave a message.

· Contract foreman/crew lead needs to have Voice Mail set up on their cell phones so again the Government can call and leave a message.

· Contractor should try and do business during business hours of M-Friday 8-5:00. Only on rare occasions should the Contractor be contacting the Government after hours or on weekends unless previously agreed to.

· Contractor office staff should be available during business hours so the Government can discuss performance, where to work next, invoices etc.….

· Contractor should let the Government know when they are coming or leaving the Forest so COR/CO know the status of crews on the Forest. Provide weekly schedule of planned units being worked on.

· Contractor needs to make sure that their foreman/crew lead has the ability to have Avenza maps loaded on their phones, IPad or equivalent and navigate using pdf maps.

7. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

8. ACCEPTANCE

The Forest Service shall perform an inspection upon the Contractor’s verbal/written request that there are units to inspect. Requests shall be for a reasonable portion of the work. Plot cards or another form of proof of Contractor self-inspection will be turned into the COR for the project. This step will alert the COR and GTM that inspections of Contractor work can begin. Acceptance may be made for all or portions of work. If work doesn’t meet the applicable BPA call specifications, Contractor may be asked to re-work the deficiencies until the work meets BPA call specifications. If after two re-dos and contractor still can’t meet specifications, the Unit pricing will be reduced.

9. FAR 52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996) (alternate inspection factors could be used in individual BPA calls)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of service.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

10. 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 (CO).

The following are examples 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 Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Fertilizers Sorbents Multipurpose Lubricants

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.

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.

Based on the FAR clause 52.233-2 Affirmative Procurement of Biobased Products under Service and Constructions Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management System. https://www.sam.gov. Contractors will report the category, product type and dollar value of any USDA designated biobased products purchased by the Contractor; and reporting must be completed by the end of October for the previous entire fiscal year (Oct 1 – Sept 30). Complete the required information within the portal at SAM, and copy your Contracting Officer.

11. FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

12. FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

13. AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. There is no need for Aircraft liability insurance.

14. INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

15. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under a BPA call within ___ 7___ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than __specified on each BPA call___.* The time stated for completion shall include final cleanup of the premises.

Performance period will be specified on each BPA call issued. BPA calls will be issued immediately after award of the parent BPA, early 2020.

16. AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from _Date of award __ through _January 31, 2030__.

17. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR 52.202-1 DEFINITIONS (NOV 2013)

FAR 52.203-5 CONVENANT AGAINST CONTINGENT FEES (MAY 2014)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ATL 1 (OCT 1995) FAR 52.203-12 LIMITATION ON PAYMENT STO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR 52.204-25 PROHIBITION OF CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019) FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR 52.236-8 OTHER CONTRACTS (APR 1984)

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS (APR 1984)

FAR 52.236-12 CLEANING UP (APR 1984)

FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

FAR 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (MAR 1994)

18. FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1)conditions bearing upon transportation, disposal, handling, and storage of materials; (2)the availability of labor, water, electric power, and roads; (3)uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4)the conformation and conditions of the ground; and (5)the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

19. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

20. AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and…