1b.Solicitation CORP BPA 12363N22Q4023.pdf

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

See Block 31c

4. ORDER NO.

5. SOLICITATION NO.

12363N22Q4023

6. SOLICITATION ISSUE DATE

Jan 24, 2022

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Mark T. Phillipp Mark.Phillipp@usda.gov

b. TELEPHONE NO.

541-410-1187

8. OFFER DUE DATE/LOCAL TIME

Feb 28, 2022 @ 5:00pm PT

9. ISSUED BY CODE

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

USDA Forest Service Procurement & Property Services National Procurement Operations Stewardship Contracting Branch ATTN: Nikki Layton / Mark Phillipp 501 E. 5th Street, #404 Vancouver, WA 98661

UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 113310 / 115310

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

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Nikki.Layton@usda.gov

Mark.Phillipp@usda.gov

USDA Forest Service Procurement & Property Services National Procurement Operations Stewardship Contracting Branch 17a. CONTRACTOR/CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

PHONE:

DUNS:

EMAIL:

N/A

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

CHECKED SEE ADDENDUM

19.

ITEM

N

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANT

I

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

CORP STEWARDSHIP BPA

Central Oregon Restoration Project

Deschutes, Ochoco, and Fremont-Winema National Forests

Award under this solicitation will be made through issuance of Blanket Purchase Agreements.

n/a n/a n/a n/a

25. ACCOUNTING AND APPROPRIATION DATA

N/A

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

(1) ELECTRONIC 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: REFERENCE _________________________________

OFFER DATED ___________________. YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS: __________________________________________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

30c. DATE SIGNED

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

Mark T. Phillipp

31c. DATE SIGNED

CORP Stewardship BPA (Central Oregon Restoration Project) Solicitation 12363N22Q4023 Deschutes, Ochoco, and Fremont-Winema National Forests Page 2 of 64

Instructions and Work Description for Pay Items/Work Activities:

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

The Offeror shall take into consideration the following representative unit descriptions when determining the pricing portion of their offer: Fuels treatment projects will occur on ground having an average stand density of 800 stems per acre before treatment. Following Chain-saw Tree Thinning and/or Mechanical Biomass Removal stands densities will average 110 stems per acre. The average stem diameters before treatment vary from 3 inches DBH to 20.9 inches DBH. The average stem diameter following treatment will average 16 inches DBH. The slope of ground on a project varies from 0% to 35%. The average project size is 500 aces.

The average distance to an adjacent road with a landing is 1,000 feet. The Contractor will be restricted using existing roads and landings. There are on average 20 tons per acre of down woody fuels needing treatment across the project area. (See Appendix A documents for further information).

Tree planting will be based upon the average planting of 160 to 200 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 (Note: future activities associated with tree planting include tubing, gopher baiting/trapping, vegetation barrier mat placement, grubbing, herbicide applications, big game repellant application, riparian/upland species planting or some combination thereof). Noxious weed control was included under planting but now is being quoted on as a separate line item to reach an appropriate pool of contractors. Releasing will generally be required after planting or during planting and will generally consist of the placement of a weed barrier mat to be placed over the scalped area. (See Appendix A documents for more information).

The fuels and silvicultural treatment projects Hand Piling, Machine Piling and Small Tree Felling will typically be a follow-up treatment to Chain-saw Tree Thinning or biomass utilization. (Note: Biomass utilization is in lieu of other slash treatments). Mastication may be a follow up treatment or an initial treatment where light and/ or heavy brush components and/or small trees up to 8 inches (or some combinations of all) shall be masticated. The fuel 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.

Sub soiling: Reclaim temporary roads, log landings and primary skid trails by applying appropriate rehabilitation treatments in activity areas where detrimental soil conditions are expected to exceed 20 percent of the unit area. Decommission (obliterate) logging facilities that will not be needed for future management. Mitigating the effects of project activities listed above will require the use of sub soiling treatments to loosen compacted soils where detrimental conditions exist. A standard subsoil mile is 5280 feet by 12 feet wide.

Biomass Utilization: This task item is for the removal of any contractor generated slash that would otherwise be treated with other slash treatment methods. A combination of one of the slash treatment methods (listed in Appendix A specifications) in conjunction with this task item is acceptable. Biomass and sub soiling are line items that are associated with Stewardship activities.

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19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DESCHUTES & OCHOCO NATIONAL FORESTS

SERVICE WORK ITEMS

STEWARDSHIP ACTIVITIES MUST ALL BE PRICED IN ORDER

FOR A VENDOR TO BE CONSIDERED FOR AWARD

13 Mechanical Commercial Thinning and Removal (Assume 40 mile 1-way haul) (8 - 21 inch dbh) 500 AC

14 Pre-Commercial Thinning – Mechanical 300 AC

15 Pre-Commercial Thinning & Piling - Hand 300 AC

16 Grapple Piling 200 AC

17 Mastication 200 AC

18 Subsoiling 10 AC

19 Biomass Utilization 300 AC

20 Road Maintenance per Appendix C 10 MI

For the purposes of pricing line items 13 through 20 above, consider no commercial product value being traded.

HOWEVER, under BPA calls for Stewardship activities, commercial timber product value will be used to off-set service costs.

See Appendix B and C for more information

Values of timber products removed to be applied at Fixed Rates

EX. SPECIES PRODUCT QUANTITY UNIT OF MEASURE BASE RATES

DF, WL Sawlogs (High Value) By BPA call CCF $5.00 PP, LP Sawlogs (Med. Value) By BPA call CCF $3.00 WF Sawlogs (Low Value) By BPA call CCF $1.00 ALL Biomass By BPA call CCF $0.25 See Timber Removal Project Terms and Specifications in Appendix B. Different units of measure than CCF may be used in BPA calls.

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

Deschutes, Ochoco, and Fremont-Winema National Forests Page 4 of 64

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

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

FREMONT WINEMA NATIONAL FOREST

SERVICE WORK ITEMS

STEWARDSHIP ACTIVITIES MUST ALL BE PRICED IN ORDER

FOR A VENDOR TO BE CONSIDERED FOR AWARD.

33 Mechanical Commercial Thinning and Removal (Assume 40 mile 1-way haul) (8 - 21 inch dbh) 500 AC

34 Pre-Commercial Thinning – Mechanical 300 AC

35 Pre-Commercial Thinning & Piling - Hand 300 AC

36 Grapple Piling 200 AC

37 Mastication 200 AC

38 Subsoiling 10 AC

39 Biomass Utilization 300 AC

40 Road Maintenance per Appendix C 10 MI

For the purposes of pricing line items 33 through 40 above, consider no commercial product value being traded.

HOWEVER, under BPA calls for stewardship activities, commercial timber product value will be used to off-set service costs.

See Appendix B and C for more information

Values of timber products removed to be applied at Fixed Rates

EX. SPECIES PRODUCT QUANTITY UNIT OF MEASURE BASE RATES

DF, SP Sawlogs (High Value) By BPA call CCF $5.00 PP, LP Sawlogs (Med. Value) By BPA call CCF $3.00 WF Sawlogs (Low Value) By BPA call CCF $1.00 ALL Biomass By BPA call CCF $0.25 See Timber Removal Project Terms and Specifications in Appendix B. Different units of measure than CCF may be used in BPA calls.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (SEPT 2013)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613). 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. (Using IPP now) See #51 on page 31.

(1) The Contractor shall submit an original invoice and (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, contract line item number and, if applicable, the order number;

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

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

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

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

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

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

Deschutes, Ochoco, and Fremont-Winema National Forests Page 6 of 64

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

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

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

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

EFT.

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point(s) 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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—

Deschutes, Ochoco, and Fremont-Winema National Forests Page 7 of 64

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 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. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

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

(B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

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

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

(u) Unauthorized Obligations

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

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

2. PROJECT DESCRIPTION

Description of Work: This solicitation and any resultant Blanket Purchase Agreements are a stewardship project in accordance with 2018 Omnibus and Farm Bill. This is a commercial item acquisition that has been tailored to include fitting the Government’s method of trading goods for services in Stewardship instruments.

Work activities include commercial and noncommercial thinning, hand thinning and piling, grapple piling, mastication of fuels, biomass utilization and road maintenance. This is a commercial item acquisition that has been tailored to include fitting the Government’s method of trading goods for services in Stewardship instruments.

General Guidelines:

One Hazardous Fuels & Restoration project area is located on the Deschutes & Ochoco National Forests, Crooked River National Grassland, and the second area encompasses the Fremont- Winema National Forest boundaries. The scope covers Federal and local agency lands within 120 miles of Forests’ boundaries which include but are not limited to, BLM lands, 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.

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The overall objectives of the project are:

1. Improve and protect:

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

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

c. Habitat for wildlife and fish;

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

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

2. Reduce:

a. Hazardous forest fuels on federal lands;

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

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

d. Effects of insect & disease epidemic; and

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

3. Resulting Award – BPA calls will be issued against any resultant Blanket Purchase Agreements and reference the parent Blanket Purchase Agreement when ordered by warranted contracting personnel from any Federal, State, County, or Local agency within 120 miles of Forests’ boundaries. This solicitation is issued as a total Small Business Set-Aside. In accordance with the Ordering Procedures Provision herein, BPA calls placed against the Agreements may be competed as a HUBZone Set-Aside, an 8(a) Set-Aside, Service -Disabled Veteran Owned small business, Economically Disadvantaged Woman-Owned Small Business Concern, Woman-Owned Small Business Concern if the agency needs to meet Socio-Economic goals and FAR requirements for Set-Asides, or sole source under stewardship when a cooperating partner is providing added value for that specific project unit.

4. Additionally, any Stewardship Service contract will include a (Appendix B and Appendix C) for the removal of timber products.

3. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number by each Forest Unit in the Schedule of Service Items (note-specifications may change at time of BPA call creation).

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

4. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

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

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Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

5. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work. Actual acceptance will adhere to the requirements in each BPA call.

6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be provided at time of BPA call issuance.

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

(APR 1984)

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

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses.

Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B or C and as approved by the Contracting Officer.

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

The period of performance of these Blanket Purchase Agreements are from date of contract award through 5 (five) years after date of award for Service work (1 Base period with 4 one-year option periods to be reviewed each year). The Stewardship work may be extended for up to 5 additional one-year periods of performance.

9. FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of BPA calls by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through July 30, 2024.

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

(c) A BPA call is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

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(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

10. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $500,000 service activities;

(2) Any order for a combination of items in excess of $1,000,000 service activities, or

(3) A series of orders from the same ordering office within fifteen (15) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

11. SCHEDULES AND REPORTS (Stewardship)

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed or BPA call for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION

COPIES

REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work 2

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officers Written approval prior to starting work on the project. Submit on Standard Form 1413.

Traffic Control Plan, in accordance with Section 104 2

Soil Erosion and Water Pollution Control Plan, in accordance with Section 204 2

Designation of Contractor personnel describing responsibilities and authorities 2

All schedules and reports shall be submitted to the COR identified in the BPA call.

12. PAYMENT (Stewardship)

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. When payment is made to the

Deschutes, Ochoco, and Fremont-Winema National Forests Page 13 of 64 contractor for work performed, it will be made in accordance with the specifications set forth in each individual BPA call under Measurable Performance Standards.

The value of work completed and timber removed will be documented in an Integrated Resource Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

13. STEWARDSHIP CREDITS (Stewardship)

Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/ Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber value included in Schedule of Items. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

14. ESTABLISHMENT OF STEWARDSHIP CREDITS (Stewardship)

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Items 13 through 20 (Deschutes/Ochoco National Forests) or Items 33 through 40 (Fremont-Winema National Forest) as indicated in the Schedule of Items and Appendix B Timber Removal Specification if appropriated agency monies are used or unless otherwise agreed.

15. CONTRACTOR CERTIFICATION (Stewardship)

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

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The following Language shall be placed as an Attachment in all BPA calls for Stewardship projects that involve the exchange of Earned Stewardship Credits:

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

XXXX STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name) (Title) (Date)

16. TIMBER PAYMENT GUARANTEE (Stewardship)

(1) General—

(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal, or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

(c) Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

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(3) Blanket Surety Bond:

(a) Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for timber from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Surety Bond.

(c) When there is to be no timber cutting hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor’s request.

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing FS Form 6500-12a.

(4) Letters of Credit for Payment Bond—Contractor may use letters of credit in lieu of a surety bond for payment bond purposes when approved by Contracting Officer.

17. EXCESS STEWARDSHIP CREDITS (Stewardship)

In the event there are excess (unused) established Stewardship Credits when all of the included timber has been cut and removed the Forest Service, at its option, shall either add more timber or make cash payment for the unused credits.

18. EXCESS TIMBER VALUE (Stewardship)

In the event the value of the included timber exceeds the total value of all of the mandatory activities plus the ordered Optional activities, the Contractor shall make cash payment for the excess timber value.

19. REFUND OF EXCESS CASH (Stewardship)

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

20. FINAL PAYMENT - RELEASE OF CLAIMS

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

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

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21. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

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

22. FAR 52.236-4 PHYSICAL DATA (APR 1984)

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

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

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

23. 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 maintain sanitation facilities for the work force at the site and (i) dispose of solid waste in accordance with applicable Federal, State and local regulations.

24. AGAR 452.237-74 KEY PERSONNEL (FEB 1988) (Stewardship)

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

Overall Project Manager Logging Supervisor Fuels Treatment Supervisor Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15

Deschutes, Ochoco, and Fremont-Winema National Forests Page 17 of 64 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

25. FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

(Labor Intensive/Hand Work)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens.