1205G119Q0015_Amednmend001.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

1205G1

The following Option Items are removed from the schedule of items, reducing the maximum potential effective period from 4 years, to a maximum of 3:

(1D) OPTION - Zone 1 – Republic: Option Year III (2D) OPTION - Zone 2 – Kettle Falls: Option Year III (3D) OPTION -Zone 3 – Ione: Option Year III (4D) OPTION -Zone 4 – Newport: Option Year III

The hour and date for receipt of offers is extended to 4:00 PM Local Time, Thursday May 30, 2019.

USDA FOREST SERVICE

REGION 6 CONTRACTING NORTH

765 SOUTH MAIN STREET

COLVILLE WA 99114

1205G1

950591

1205G119Q0015

1 1

05/24/2019

05/10/2019

SO LICITATIO N/CO NTRACT/O RDER FO R CO MMERCIAL ITEMS

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

1. REQUISITION NUMBER

950591

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

1205G119Q0015

6. SOLICITATION ISSUE

DATE

05/10/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Aaron Kretzer Purchasing Agent

b. TELEPHONE NUMBER (No collect calls) (509)684-7134 Email: aaron.kretzer@usda.gov

8. OFFER DUE DATE/

4:00 PM Local Time Thursday 05/30/2019

9. ISSUED BY CODE

1205G1 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA FOREST SERVICE

REGION 6 CONTRACTING NORTH

765 SOUTH MAIN STREET

COLVILLE WA 99114

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB

VETERAN-OWNED SMALL

BUSINESS 8(A)

NAICS Code 562991 Size Standard $7.5 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule of Items.

SEE BLOCK 9

17a. CONTRACTOR/ OFFERER

COMPANY NAME: _________________________________________________

ADDRESS: ________________________________________________________

CITY, STATE, ZIP: _________________________________________________

DUNS NO.: ________________________________________________________

TIN NO.: __________________________________________________________

PHONE NO.: ______________________________________________________

FAX NO.: _________________________________________________________

EMAIL ADDRESS: ____________________________________________

18a. PAYMENT WILL BE MADE BY

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED

ELECTRONICALLY THROUGH THE INVOICE

PROCESSING PLATFORM IPP

VIA WWW.IPP.GOV

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Vault Toilet and Holding Tank Pumping Services Forest Wide (Multiple Ranger Districts) Colville National Forest

ENTER PRICES ON ATTACHED

CONTINUATION OF SF 1449

SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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

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

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

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

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN

29. AWARD OF CONTRACT:

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012)

Prescribed by GSA-FAR (48CFR 53.212

Enter your prices on pages 3 through 6.

Quoters shall insert sub-unit prices. If the Quoters do not quote on all sub-units their quote may be not be considered.

Submit Quotes Electronically to Aaron Kretzer by email or fax to:

Email: aaron.kretzer@usda.gov Fax: 1-888-489-2655

Submit at a minimum, the following:

1. Pages 1 of SF 1449 (completed and signed)

2. Pages 3 through 6: Schedule of Items

3. Pages 83 through 96: Responses to Representations, certification and other statements of offerors

(complete as applicable)

4. Pages 97 through 99: Experience Questionnaire (filled out) – May also use your own format.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

This is an Indefinite-Delivery, Indefinite Quantity (IDIQ) type contract. The quantities shown are estimated. Unit Prices will become the fixed unit prices for all future Task Orders issued against this IDIQ contract.

This contract is intended to provide the Government flexibility to order toilet pumping services as need arises and as funding is available. It is not possible to determine the actual requirements during the contract period; the Government cannot specify any definite quantity of services. Actual quantity and time frame when task orders will be placed will vary. The Schedule is for the purpose of pricing task orders as well as the initial evaluation and negotiations of the contract.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

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

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

mailto:aaron.kretzer@usda.gov

Forest Wide Vault Toilet Pumping 1205G119Q0015 Colville National Forest Page 3

CONTINUATION OF SF 1449 BLOCKS 19-24:

19.

ITEM NO.

20.

SUPPLIES/SERVICES

21.

EST. QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1A BASE - Zone 1 – Republic: Base Year Ordering Period (Date of Award through May 31, 2020) Location: Ferry County, Washington State

1A(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

1A(2) Pump VT 1,000 Gallon 15 Each $________ $___________

Total Quote for Base Item 1A:

1B

OPTION - Zone 1 – Republic: Option Year I Ordering Period (June 1, 2020 through May 31, 2021) Location: Ferry County, Washington State

1B(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

1B(2)

Total Quote for Option Item 1B:

1C

OPTION - Zone 1 – Republic: Option Year II Ordering Period (June 1, 2021 through May 31, 2022) Location: Ferry County, Washington State

1C(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

1C(2)

Total Quote for Option Item 1C:

Total Quote for Zone 1 – Republic (Item 1A + 1B + 1C):

Colville National Forest Page 4

20.

SUPPLIES/SERVICES

21.

EST. QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

2A

BASE - Zone 2 – Kettle Falls: Base Year Ordering Period (Date of Award through May 31, 2020) Location: Stevens County, Washington State

2A(1)

Pump S&HT 1,000 Gallon 1 Each $________ $___________

2A(2) Pump VT 1,000 Gallon 20 Each $________ $___________

Total Quote for Base Item 2A Total Quote for Base Item 2A:

2B

OPTION - Zone 2 – Kettle Falls: Option Year I Ordering Period (June 1, 2020 through May 31, 2021)

2B(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

2B(2)

Total Quote for Option Item 2B:

2C

OPTION - Zone 2 – Kettle Falls: Option Year II Ordering Period (June 1, 2021 through May 31, 2022)

2C(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

2C(2)

Total Quote for Option Item 2C:

Total Quote for Zone 2 – Kettle Falls (Item 2A + 2B + 2C):

Colville National Forest Page 5

20.

SUPPLIES/SERVICES

21.

EST. QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

3A BASE - Zone 3 – Ione: Base Year Ordering Period (Date of Award through May 31, 2020) Location: Pend Oreille County, Washington State

3A(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

3A(2) Pump VT 500 Gallon 1 Each $________ $___________

3A(3) Pump VT 1,000 Gallon 25 Each $________ $___________

Total Quote for Base Item 3A Total Quote for Base Item 3A:

3B OPTION - Zone 3 – Ione: Option Year I Ordering Period (June 1, 2020 through May 31, 2021)

Location: Pend Oreille County, Washington State

3B(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

3B(2) Pump VT 500 Gallon 1 Each $________ $___________

3B(3) Pump VT 1,000 Gallon 25 Each $________ $___________

Total Quote for Option Item 3B:

3C OPTION -Zone 3 – Ione: Option Year II Ordering Period (June 1, 2021 through May 31, 2022) Location: Pend Oreille County, Washington State

3C(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

3C(2) Pump VT 500 Gallon 1 Each $________ $___________

3C(3) Pump VT 1,000 Gallon 25 Each $________ $___________

Total Quote for Option Item 3C:

Total Quote for Zone 3 – Ione (Item 3A + 3B + 3C):

Colville National Forest Page 6

20.

SUPPLIES/SERVICES

21.

EST. QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

4A BASE - Zone 4 – Newport: Base Year Ordering Period (Date of Award through May 31, 2020)

Location: Pend Oreille County, Washington State

4A(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

4A(2) Pump VT 1,000 Gallon 10 Each $________ $___________

Total Quote for Base Item 4A: $___________

4B OPTION -Zone 4 – Newport: Option Year I Ordering Period (June 1, 2020 through May 31, 2021) Location: Pend Oreille County, Washington State

4B(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

4B(2) Pump VT 1,000 Gallon 10 Each $________ $___________

Total Quote for Option Item 4B:

4C OPTION -Zone 4 – Newport: Option Year II Ordering Period (June 1, 2021 through May 31, 2022) Location: Pend Oreille County, Washington State

4C(1) Pump S&HT 1,000 Gallon 1 Each $________ $___________

4C(2) Pump VT 1,000 Gallon 10 Each $________ $___________

Total Quote for Option Item 4C:

Total Quote for Zone 4 – Newport (Item 4A + 4B + 4C):

Total Quote (All Items):

Colville National Forest Page 7

Notes:

Quoters must submit a unit price for all sub-units within an item to be considered for award.

On all items, Contractor must provide all supervision, labor, tools, transportation, equipment and supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets (VT) in accordance with PWS.

The unit price represents a firm fixed price to pump and disposal at an approved State Facility in accordance with the specification listed herein. The unit price shall include mileage .

The frequency of pumping will vary during the period of performance. A task order/work orders will be issued to identify the frequency and location of the facilities to be serviced.

The prices listed on the schedule of items will be used in determining the prices for future task orders/work orders.

The Government may make up to four awards (one per item).

Contract Type and Contract Period This is a Fixed Price Indefinite – Delivery, Indefinite-Quantity (IDIQ) contract, which includes a base Period and two one-year option periods to extend the term of the contract. Reference FAR 52.216-18, FAR 52.216-19 and FAR 52.216-22.

The contract is intended to provide the Government flexibility to order vault and holding tank pumping services as need arises and as funding is available. It is not possible to determine the actual requirements during the contract period; the Government cannot specify any definite quantity of services; therefore, the schedule of items is estimated. Actual quantity and time frame when task orders will be placed will vary.

The Schedule is for the purpose of pricing task orders as well as the initial evaluation and negotiations of the contract. The schedule of items are estimated and do not reflect the actual quantity that will be ordered. The actual work is dependent on funding availability and Government need.

To evaluate offers for award purposes, the Government will apply the quoter’s proposed fixed –prices/rates to the estimated quantities included in the solicitation and will add other direct costs if applicable (reference paragraph titled “Estimated Quantities and Task Orders”).

The unit prices on the schedule of items will be used to price future task orders. Therefore, the quoter must indicate a unit price for ALL sub-items.

While quantities are estimated, all work will be ordered by Firm – Fixed Price Task Orders (TO) at the unit prices listed on the schedule of Items throughout the effective period:

Base Period: Date of Award through May 31, 2020.

Option Year 1: June 1, 2020 through May 31, 2021.

Option Year II: June 1, 2021 through May 31, 2022.

Concurrent task orders/work orders may be issued.

This contract requires Contractor self-inspection in accordance with the Contractor’s Quality Control Plan.

Colville National Forest Page 8

Unit Price Adjustments in Option Periods.

This contract incorporates the Service Contract Act (SCA). The SCA Wage Determination incorporated in the Attachments of this contract is for the Base Year performance period only. The latest Wage Determination available at the time for each option exercises will be incorporated in the contract and the unit prices will be adjusted in accordance with FAR Clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts). The Contractor warrants, by submission of his quote, that the price does not include any contingency for future wage increases.

Minimum Guarantees During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum (guarantee) of the $2,500 for each item for all four years:

AGAR 452.216-74 Ceiling Price (FEB 1988) The ceiling price of all contracts awarded under this solicitation is $250,000 for all three years . The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

Quoter’s Limitations Quotes will not be accepted for less than a complete item.

Quoters who quote on more than one item may qualify their quote limiting the total quantity of work for which they will accept a contract. Quoters desiring to qualify their quote must complete the following: “My quote is limited to a minimum of ________ items and a maximum of ______ items, but not to exceed _______ item(s) on this schedule”. I am only interested in the following zones only:

______ Zone 1 – Republic ______ Zone 2 – Kettle Falls ______ Zone 3 – Ione ______ Zone 4 – Newport

Signature of Quoter Telephone

Colville National Forest Page 9

CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov.

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244

Colville National Forest Page 10

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268

Colville National Forest Page 11

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

https://www.acquisition.gov/content/part-32-contract-financing#i1081898 https://www.acquisition.gov/content/part-32-contract-financing#i1081962

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End 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) Any such clause is unenforceable against the Government.

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

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

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

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

ADDENDUM T0 FAR 52.212-4

Addendum to 52.212-4(g), Invoice. The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contract invoices and payments. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm.

Contractors shall submit all invoices electronically via IPP. Paper copies of invoices are not accepted.

The Contractor must also attach a detailed invoice in IPP.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

Alternate I (JUL 1995) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-11 Extras (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work Order (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2015) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-77 Emergency Response (NOV 1996)

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

4G52.222-705 Camping Provisions for Labor Intensive Contracts (FEB 2007)

AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award through May 31, 2020.

Note: This contract has options periods which may extend the effective period to May 31, 2023.

http://www.acquisition.gov/ http://www.usda.gov/procurement/policy/agar.html

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FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 calendar days from the end of the effective period.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) A. The Government may extend the term of this contract by written notice to the Contractor within 2 calendar days from the effective period provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

B. If the Government exercises this option, the extended contract shall be considered to include this option clause.

C. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 43 months.

Option Periods A. Exercise of an option will result in the following contract modification:

The “Effective Period of the Contract” clause (AGAR 452.211-75) will be modified as follows:

Period Start Date End Date Option Period I June 1, 2020 May 31, 2021 Option Period II June 1, 2021 May 31, 2022

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Basic Rate Per Hour

% of Pay for H & I

Paid Holidays

Paid Vacation

% of Pay for Retirement

WG-3

General Forestry Laborer

$15.51 Hr. 1/ 2/ 3/ 4/

1/ 5.1% of basic hourly rate.

2/ Ten paid holidays per year: New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

3/ 13 days paid vacation for each year of service up to three years, 20 days after three years, 26 days after 15 years.

4/ 7% of basic hourly rate

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FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond May 31, 2020. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond May 31, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.216-18 Ordering (OCT 1995) A. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the effective period.

B. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

C. If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 Order Limitations (OCT 1995) A. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $125.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

B. Maximum order. The Contractor is not obligated to honor --

1. Any order for a single item in excess of $40,000;

2. Any order for a combination of items in excess of $75,000; or

3. A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph 1. or 2. above.

C. If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) of this section.

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

FAR 52.216-22 Indefinite Quantity (OCT 1995) A. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

B. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The

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Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

D. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date stated on the last task order issued within the effective period.

Ordering for this Project A. Services to be provided hereunder will be ordered by issuance of a written task order using form SF 1449 (Solicitation / Contract / Order for Commercial Items), OF-347 (Order for Supplies or Services); FS-6300-12, (Work Order); SF-30 (Contract Modification) or approved Contracting Officer form. Each task order will reference this contract and will be subject to all the terms and conditions herein. Each task order will contain the following information.

1. Task Order and Contract Number

2. Date of Order

3. Services, Quantity and Prices

4. Delivery Date

5. Delivery Location (road numbers, mile posts, and single or two lane road designation) and Vicinity Map.

6. Job Code

7. Ceiling Price.

B. Delivery/task orders will be issued at the price awarded on this basic contract and shall be firm-fixed price.

C. The following individuals may place orders against this contract:

Contracting Officer or Purchasing Agent

D. Based on funding, there may be occasions when a task order is issued for work to be performed the next option period. The Contracting Officer may elect to use the prices listed for the next option period.

Work Order Based on the nature of this work, the actual quantity of work will not be known until work is completed;

therefore, the amount awarded will be considered a Not-to-Exceed price (or ceiling price). This amount shall not be exceeded without written approval from the Contracting Officer. If there is no approval to exceed the ceiling price from the Contracting Officer, the Contractor shall not make any expenditures or incur obligations in the performance of this contract which exceeds the ceiling price specified herein, except at the Contractor’s own risk. The Contractor is responsible for tracking all quantities and costs, and invoicing in accordance with the line items and prices established on the schedule of items. The Contractor will be paid for actual quantities of work performed and ordered up to the ceiling price.

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The Government will be issuing the Contractor work orders throughout the contract to assist in tracking the contract price.

The work orders will have completion date based on the Contractor’s proposal and minimum rate of progress listed above. The Contractor must start the work on the work order within 5 calendar days from the date issued.

Superintendence One supervisor, conversant in the English language, shall be designated in writing by the Contractor for each crew. The written designation shall indicate the limits of the supervisor's authority. When two or more people are designated as supervisor, their written delegation shall indicate the priority of their designations so no more than one person shall be in charge of a crew at any one time.

Work shall be performed in an organized systematic manner. Crewmembers shall not be scattered within or between units as necessitated by on-the-ground conditions and only when authorized by the Contracting Officer.

Schedules for Service Contracts Contractor shall, at the pre-work meeting or within 5 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Notice to Proceed or Work Order A Notice to Proceed or Work Order will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR). In some instances, the notice to proceed will be on the work order. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

Contractor Quality Control Plan A. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with their quote, and then, if applicable, updated after contract award.