1.Solicitation_R2 RMRP BPA-03May22.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 N/A 60

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE DATE

12363N22Q4038 April 21, 2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

Mark T. Phillipp mark.phillipp@usda.gov (541) 410-1187 June 6, 2022 5:00 p.m.MT

9. ISSUED BY CODE 363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE % FOR:

USDA Forest Service Procurement and Property Services National Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

EDWOSB

NAICS:

HUBZONE SMALL BUSINESS 115310

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS 8(A)

SIZE STANDARD:

8 M

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 82X9 16. ADMINISTERED BY CODE 363N

U.S. Forest Service Rocky Mountain Region 1617 Cole Blvd., Building 17 Lakewood, CO 80401

Same as Issuing Office

17A. CONTRACTOR/OFFEROR CODE FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE 363N

Name:

Address:

Email:

Telephone No: ( )

*Invoice Processing Platform (IPP):

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

*All Invoices for Non-Monetary Stewardship Credits must be submitted to the Forest COR via email. SAM UEI:

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. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ROCKY MOUNTAIN RESTORATION PROJECT

(RMRP) STEWARDSHIP BPA

REGION 2 – CO AND SD

Arapaho-Roosevelt, Black Hills (SD), Pike-San Isabel, San Juan, White River, and

Grand Mesa-Uncompahgre-Gunnison National Forests

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

See attached Schedule of items

25. ACCOUNTING AND APPROPRIATION DATA

N/A

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

N/A

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 VIA

ELECTRONIC (email) to mark.phillipp@usda.gov and nikki.layton@usda.gov. 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

29. AWARD OF CONTRACT: REF.______ OFFER DATED ____________,

YOUR OFFER ON S OLICITATION (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 STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

ROCKY MOUNTAIN RESTORATION PROJECT STEWARDSHIP BPA REGION 2

SOLICITATION 12363N22Q4038 PAGE 2 OF 60

Instructions and Work Description for Pay Items/Work Activities:

Please respond fully to the solicitation requirements (e.g., commercial pricing, certifications and representations, and selection criteria). All pay items for a given National Forest or group of National Forests, as identified in the Standard Form (SF) 1449, must be priced in order to be considered for award for that Forest(s). (For example, Items 2-12, 15-25, 30-40, 45-55, etc.) Only provide pricing for those National Forests you are interested in doing business with. Proposals with incomplete pricing by forest will be considered unresponsive and will not qualify for award.

The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes.

Contractors are cautioned that as awards of a Blanket Purchase Agreements are based, in part, on the pricing proposed herein, subsequent contractor quotes for specific unit BPA calls must be representative and reflective of those rates or they shall be removed from the pool of contractors for that Forest. Therefore, it is imperative that each Contractor provide the Government with their best commercial rate for each activity and that those rates be similar to the quotes on individual BPA calls submitted for specific projects in the future.

The Schedule of Items is reflective of the most common Stewardship type activities that will be included in Call Orders. The Schedule of Items is not all-inclusive and any forest restoration-based activity for End-Result Stewardship Contracting may be included in individual Call Orders.

This BPA will allow for future Call Orders that include:

1) Integrated Resource Service Contract (IRSC) with required timber product removal.

2) Service-based IRSC that includes the option for Timber Subject to Agreement products to be removed when there is no required timber product removal.

3) Service contract in which no timber product removal is included.

See Appendix A for work item specifications to assist with pricing. Appendix A provides descriptions for all work items listed in the Schedule of Items. Please note that these are only descriptions of representative treatment types and are not actual treatment areas on the ground. Those specific, on-the-ground activities will be issued in future Call Orders with project specific descriptions and units on the ground available for viewing.

Appendix B provides timber removal specifications for Included Timber. Therefore, this appendix will only be included when there is required product removal or the potential for removal through Timber Subject to Agreement (IRSC), in future Call Orders. Two (2) Appendix B’s are included in this solicitation package to demonstrate the common clauses associated with each type of sale - Tree Measurement and Scaled. This is not an all-inclusive list of clauses but rather the most common clauses utilized for that sale type. Clauses will be more in depth and project-specific in the individual future Call Orders.

See Appendix C for Road Maintenance specifications to assist in pricing for Pre/During/Post-Haul road maintenance.

Road Reconstruction and Construction are within scope of this project; however, pricing is not required.

Individual Call Orders will address this type of work, if included.

See Section 53 of this Solicitation for instructions on the submission of proposals in addition to the proposal requirements.

SOLICITATION 12363N22Q4038 PAGE 3 OF 60

SCHEDULE OF ITEMS:

ALL STEWARDSHIP ACTIVITIES FOR EACH NATIONAL FOREST SECTION OF INTEREST MUST

BE PRICED IN ORDER FOR A CONTRACTOR TO BE CONSIDERED FOR AWARD.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Commercial Harvest and Removal of Included Timber – All forests 500 AC

ARAPAHO & ROOSEVELT NATIONAL FORESTS

2 Cut, Skid, and Remove Non-sawtimber 300 AC

3 Cut, Skid and Deck Non-sawtimber 300 AC

4 Cut, Skid and Remove Biomass 200 AC

5 Masticate/Chip Non-included Material 200 AC

6 Mechanical Cutting and Piling Non-included Material 200 AC

7 Mechanical Cutting and Lopping Non-included Material 200 AC

8 Hand Cutting and Piling Non-included Material 200 AC

9 Hand Cutting and Lopping Non-included Material 200 AC

10 Removal of Piled Material 200 AC

11 Road Maintenance (Pre, During, Post) 10 MI

Road Reconstruction and Construction per Call Order Specifications NA MI

WHITE RIVER NATIONAL FOREST

15 Cut, Skid, and Remove Non-sawtimber 300 AC

16 Cut, Skid and Deck Non-sawtimber 300 AC

17 Cut, Skid and Remove Biomass 200 AC

18 Masticate/Chip Non-included Material 200 AC

19 Mechanical Cutting and Piling Non-included Material 200 AC

20 Mechanical Cutting and Lopping Non-included Material 200 AC

21 Hand Cutting and Piling Non-included Material 200 AC

22 Hand Cutting and Lopping Non-included Material 200 AC

23 Removal of Piled Material 200 AC

24 Road Maintenance (Pre, During, Post) 10 MI

Road Reconstruction and Construction per Call Order Specifications N/A MI

SOLICITATION 12363N22Q4038 PAGE 4 OF 60

19.

ITEM NO.

PIKE & SAN ISABEL NATIONAL FORESTS 21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

30 Cut, Skid, and Remove Non-sawtimber 300 AC

31 Cut, Skid and Deck Non-sawtimber 300 AC

32 Cut, Skid and Remove Biomass 200 AC

33 Masticate/Chip Non-included Material 200 AC

34 Mechanical Cutting and Piling Non-included Material 200 AC

35 Mechanical Cutting and Lopping Non-included Material 200 AC

36 Hand Cutting and Piling Non-included Material 200 AC

37 Hand Cutting and Lopping Non-included Material 200 AC

38 Removal of Piled Material 200 AC

39 Road Maintenance (Pre, During, Post) 10 MI

Road Reconstruction and Construction per Call Order Specifications N/A MI

SAN JUAN NATIONAL FOREST

45 Cut, Skid, and Remove Non-sawtimber 300 AC

46 Cut, Skid and Deck Non-sawtimber 300 AC

47 Cut, Skid and Remove Biomass 200 AC

48 Masticate/Chip Non-included Material 200 AC

49 Mechanical Cutting and Piling Non-included Material 200 AC

50 Mechanical Cutting and Lopping Non-included Material 200 AC

51 Hand Cutting and Piling Non-included Material 200 AC

52 Hand Cutting and Lopping Non-included Material 200 AC

53 Removal of Piled Material 200 AC

54 Road Maintenance (Pre, During, Post) 10 MI

Specifications NA MI

SOLICITATION 12363N22Q4038 PAGE 5 OF 60

19.

ITEM NO.

GRAND MESA – UNCOMPAHGRE - GUNNISON

NATIONAL FORESTS

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

60 Cut, Skid, and Remove Non-sawtimber 300 AC

61 Cut, Skid and Deck Non-sawtimber 300 AC

62 Cut, Skid and Remove Biomass 200 AC

63 Masticate/Chip Non-included Material 200 AC

64 Mechanical Cutting and Piling Non-included Material 200 AC

65 Mechanical Cutting and Lopping Non-included Material 200 AC

66 Hand Cutting and Piling Non-included Material 200 AC

67 Hand Cutting and Lopping Non-included Material 200 AC

68 Removal of Piled Material 200 AC

69 Road Maintenance (Pre, During, Post) 10 MI

Road Reconstruction and Construction per Call Order Specifications N/A MI

BLACK HILLS NATIONAL FOREST

75 Cut, Skid, and Remove Non-sawtimber 300 AC

76 Cut, Skid and Deck Non-sawtimber 300 AC

77 Cut, Skid and Remove Biomass 200 AC

78 Masticate/Chip Non-included Material 200 AC

79 Mechanical Cutting and Piling Non-included Material 200 AC

80 Mechanical Cutting and Lopping Non-included Material 200 AC

81 Hand Cutting and Piling Non-included Material 200 AC

82 Hand Cutting and Lopping Non-included Material 200 AC

83 Removal of Piled Material 200 AC

84 Road Maintenance (Pre, During, Post) 10 MI

Specifications N/A MI

For the purposes of pricing Items 2 through 85 above, consider no timber product value being traded. HOWEVER, under BPA calls for Stewardship activities, timber product value will be used to off-set service costs, when included.

SOLICITATION 12363N22Q4038 PAGE 6 OF 60

See Appendix A for Service Work Specifications, Appendix B for Timber specifications, and Appendix C for Road Maintenance specifications to assist in pricing.

**This BPA will issue future Call Orders that will either include timber product removal (IRSC) OR service-work only, in which no timber product removal is included (service contract).**

SPECIES PRODUCT QUANTITY UNIT OF MEASURE

MINMUM

ACCEPTABLE OFFER

N/A* N/A* N/A* N/A* N/A*

*BPA Calls will have project-specific species, products, quantities, and units of measure with minimum acceptable rates. Units of Measure will vary, and values of timber products removed will be applied at Fixed Rates.

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 37. CHECK NUMBER

PARTIAL FINAL COMPLETE 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

SOLICITATION 12363N22Q4038 PAGE 7 OF 60

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

(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 Government wide 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 Federal Acquisition Regulation (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 #44.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

SOLICITATION 12363N22Q4038 PAGE 8 OF 60

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

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

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

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

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

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

(i) Payment. -

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

SOLICITATION 12363N22Q4038 PAGE 9 OF 60

(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 FAR 32.608-2 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.

SOLICITATION 12363N22Q4038 PAGE 10 OF 60

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

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

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

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

(1) The schedule of supplies/services.

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

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [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 TO FAR 52.212-4 The following clauses are hereby incorporated by reference or full text as appropriate:

SOLICITATION 12363N22Q4038 PAGE 11 OF 60

NUMBER TITLE DATE

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 (ALTERNATE I) NOV 1991

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

452.236-71 PROHIBITION AGAINST THE USE OF LEAD-PAINT NOV 1996

452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988

452.236-76 SAMPLES AND CERTIFICATES FEB 1988

2. PROJECT DESCRIPTION

(a) 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.

(b) Description of Conditions –

Commercial harvest could be conifer species including but not limited to: Ponderosa pine, Douglas-fir, lodgepole pine, Engelmann spruce, blue spruce, white fir, subalpine fir, and aspen or any combination thereof. Average stand will range between 8 CCF – 30 CCF per acre, with average sawtimber diameter between 7–18 inches DBH.

All harvest operations are ground based on slopes of generally less than 35% with skidding on a variety of terrain. Maximum skid distances are typically not more than 1800 feet.

Non-sawtimber removal may include any or all species listed above and may include material greater than five (5) inches DBH up to the minimum sawtimber diameter specifications.

Non-included material is any conifer species and/or size that is not included in Appendix B, Division A Utilization Standards.

Removal of Piled material may occur on landings along open roadways and temporary roads.

SOLICITATION 12363N22Q4038 PAGE 12 OF 60

Roads scheduled for closure typically have cross slopes of 20% or less, and material (trees, logs, and boulders) is generally available in the area.

Normal Operating Season will vary between forests and districts based on geographic location.

General Guidelines:

This BPA will issue future calls for a single Hazardous Fuels & Restoration project area located on National Forest Lands. The scope covers Federal and local agency lands within the boundaries of the Arapaho-Roosevelt, Black Hills, Pike-San Isabel, San Juan, White River, and Grand Mesa, Uncompahgre, Gunnison National Forests. Work may also be accomplished on private lands, but the BPA call will be issued and administered by a Government entity.

The overall objectives of 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 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.

(b) Resulting Award – BPA calls will be issued against any resultant Blanket Purchase Agreements and reference the parent Blanket Purchase Agreement when ordered by warranted contracting personnel from any Federal, State, County, or Local agency within 150 miles of the boundaries of the Arapaho-Roosevelt, Black Hills, Pike-San Isabel, San Juan, White River, and Grand Mesa, Uncompahgre, Gunnison National Forests.

(c) Additionally, any Stewardship IRSC contract will include an Appendix A for service work specifications, Appendix B for the removal of timber products, Appendix C for associated road maintenance and Appendix D, if applicable, for road construction/reconstruction. Stewardship service contracts will only include an Appendix A for service work specifications.

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3. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Service Items can be found in Appendix A (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. Projects that include road construction or reconstruction will be addressed in individual Calls and may include Appendix D.

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 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 found in Appendix A or 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.

8. PERIOD OF PERFORMANCE

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of these Blanket Purchase Agreements is 10 years from date of contract award, with option to extend up to 20 years.

Call Order Issuance

Call Orders may extend up to 2 years past the expiration of the BPA.

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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 delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _date of award___ through __10 years__.

(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 or task order and this contract, the contract shall control.

(c) A delivery order or task order 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.

(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 $2,500.00, 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 $2,000,000.00 service activities;

(2) Any order for a combination of items in excess of $5,000,000.00 service activities; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __10__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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11. ORDER PROCEDURES (Multiple Award)

The following provision defines the process by which (1) Fair Opportunity for Award will be afforded;

(2) BPA calls will be processed and priced; and (3) BPA calls will be awarded.

(a) Fair Opportunity for Consideration:

1. One or more BPA Calls will be issued during the performance period of the resulting Blanket Purchase Agreement. The Contracting Officer's (CO) decision to issue a BPA Call to a particular awardee shall be based on the criteria stated below. The CO will give each qualifying (Business Status) awardee a "fair opportunity" to be considered for each order in excess of $2,500 unless one of the conditions in paragraph

(2) below applies.

2. Exceptions to Fair Opportunity for Consideration: Awardees will not be given a fair opportunity to be considered for requirements which are expected to exceed $2,500 when the Contracting Officer determines one of the following conditions apply:

A. The agency need for the services is so urgent that providing such opportunity would result in unacceptable delays;

B. Agency Cooperators provision of matching value under Stewardship Activities.

C. Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized; or

D. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order.

(b) Selection Criteria for Awarding a BPA call

The Government will evaluate the BPA call proposals against selection criteria. At a minimum, the Government’s award decision will be based on selection criteria addressing key personnel, equipment, relative past performance, local community, and price.

Evaluation of relevant past performance will be based on each awardee’s original past performance data as supplemented by the Government and contractor during the life of the Agreement. As work proceeds under this Agreement, it is probable that the relevant past performance data submitted with the original Agreement solicitation proposal will be disregarded for current performance reports received on BPA calls performed under an Agreement. In addition, individual BPA call selection criteria may include other factor(s) relevant to the particular call. The order of importance for the factors will be identified on each individual project call.

(c) BPA call quote process

1. A warranted Contracting Officer, regardless of Agency, responsible for acquisitions within the area defined in the Scope of Work must issue any BPA call exceeding $2,500. The Contracting Officer will issue a BPA Call RFQ-Request for Quote to all contractors unless the work is specifically set aside for sole source under Stewardship when a cooperating partner is providing added value for that specific project unit. If a Fair Opportunity Exception Applies, the BPA call quote request will be issued to the designated group or single contractor, as applicable. The BPA call quote request will include a due date for quote/proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate. The BPA call quote

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request will also include specific instructions for the submission of offers, the selection criteria factors, the factors’ order of importance, and other information deemed appropriate.

2. Awardees under their Blanket Purchase Agreement will generally be allowed 10 working days to prepare and submit quotes or proposals. However, more or less time may be necessary based on the requirements.

The due date shall be set forth in each BPA call quote request. If an awardee is unable to perform a requirement, the awardee may “NO QUOTE” the BPA call quote request. All “NO QUOTE” shall include a brief statement as to why the awardee is unable to perform (i.e., Conflict of Interest). While no mandatory requirement exists for the submission of a proposal/quote, firms consistently declining to submit offers for availability reasons may jeopardize their ability to receive future BPA calls.

3. Technical Proposals. A BPA Call request for quotes or proposals MAY include the demand for any or all of the following information depending upon the complexity of the project:

* Technical Approach (Including Operating Plan, Benefit to Local Community, and Biomass Utilization)

* Key Personnel utilized

* Quality control plan

* Quantities/hours of personnel by labor categories

* Quantities/hours of equipment by specific type

* Other Direct Costs (ODCs) (e.g., material not provided by the Government, mobilization, etc.)

* Site Specific augmentation to the Formal Letter of Agreement’s Safety Plan

* Performance Work Plan Schedule

* Use of Government Property

* Necessary flagging requirements

* Teaming Arrangement to include subcontracting from the list of approved subcontractors established at time of award

Technical proposal information will be streamlined to no more than 5 (five) pages; excluding any Safety Plan augmentation and the Performance Work Plan Schedule. Proposals shall not merely restate the BPA Call’s work statement requirements or Statement of Work.

4. Price Quotes. A written price quote will always be required on the face of each BPA call form.

Completing the form with an authorized signature will, in most cases, represent the sum of a firm’s price quote. Pricing will only be provided to the Contracting Officer.

5. Clarification of Offer: Quotes/Proposals will be evaluated in accordance with selection criteria set forth in the BPA calls Request for Quotes. If necessary, during the evaluation of quotes/proposals the Government may contact an Agreement holder with questions concerning their quote/proposal. Upon completion of evaluations, the CO will issue a BPA call to the awardee whose proposal is most advantageous to the Government.

6. BPA Call Issuance: Calls may be issued verbally, by facsimile, or by electronic commerce methods.

However, all calls must be finalized in writing and provided to the Contracting Officer with the appropriate signatures and agreed upon pricing for stated pay items.

7. Unauthorized Work: The Contractor is not authorized to commence performance prior to issuance of a signed BPA call and Notice to Proceed or verbal approval provided by the CO to begin work.

8. BPA call Funding Restrictions: No unfunded calls are authorized under this Agreement.

9. The acceptance of a contractor’s quote/proposal by Contracting Officer and any subsequent issuance of a signed BPA call makes said call a binding contract.

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12. SCHEDULES AND REPORTS

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

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

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

Traffic Control Plan

Soil Erosion and Water Pollution Control Plan

Designation of Contractor personnel describing responsibilities and authorities

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

13. PAYMENT

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 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 Forest Products Financial System (FPFS) monthly when harvesting operations are underway.

14. STEWARDSHIP CREDITS

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.

15. ESTABLISHMENT OF STEWARDSHIP CREDITS

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.

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16. TIMBER PAYMENT GUARANTEE

(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.

(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

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…