12363N23Q4023Solicitation-Final_Class Deviation Amendment.pdf

CODE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND SERVICES - OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

XXXXXXX

PAGE 1 OF

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL:

Breanne.parker@usda.gov

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME

Breanne Parker

5. SOLICITATION NUMBER

12363N23Q4023

b. TELEPHONE NUMBER(No collect calls)

541-805-4611

6. SOLICIATION ISSUE DATE

01/17/2023

8. OFFER DUE DATE /

LOCAL TIME

02/01/2023 4:30 p.m. PT

9. ISSUED BY CODE 363N

USDA-FS – Procurement & Property Services

10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE 100 % FOR:

WOMEN-OWNED SMALL BUSINESS

National Procurement Operations Stewardship Contracting Branch Breanne.parker@usda.gov

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN-

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

NAICS:

EDWOSB 115310

SIZE STANDARD:

OWNED SMALL BUSINESS 8(A) 11.5 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 363N

USDA

Forest Service

17A. CONTRACTOR/OFFEROR CODE FACILITY

16. ADMINISTERED BY CODE 363N

USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

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

Address:

Email:

Telephone No:

SAM UEI (12 characters):

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

*Invoice Processing Platform (IPP):

All invoices for payment must be submitted electronically through the Invoice Processing Platform via www.IPP.gov.

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

12363N23Q4023

Land Management Integrated Resources BPA

USDA National Forests

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See attached Schedule of items

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

ELECTRONIC (email) to Breanne.parker@usda.gov

ONE (1) 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

29. AWARD OF CONTRACT: REF

OFFER DATED , YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 mailto:Breanne.parker@usda.gov mailto:Breanne.parker@usda.gov http://www.ipp.gov/ mailto:ELECTRONIC(email)toBreanne.parker@usda.gov

Amendment 005- This amended document replaces previous versions. Previous versions are obsolete.

Instructions and Work Description for Pay Items/Work Activities:

All quotes shall be emailed to: sm.fs.lmirbpa@usda.gov. The initial due date is February 1, 2022, 1630 PM PACIFIC TIME. They will be received open continuous after that point.

Since all documents will be submitted to me electronically, please follow this naming convention for your attachments:

12363N23Q4023-LMIRBPA-VendorName-Quote, 12363N23Q4023-LMIRBPA-VendorName-Technical, 12363N23Q4023-LMIRBPA-VendorName-NFLocations.

Be sure to fill out all required documentation.

Required to be filled in below:

Company Name:

POC Name:

Phone number:

Email:

IDIQ/BPA Contract #

UEI SAM #

Must be completed Quote:

Sign the 1449 form Fill out pricing located on pages 5-8 of solicitation Technical:

See Instructions for Submissions (starting on page 50) NF Locations:

Fill out and return the Attachment 9. National Forest Locations Spreadsheet

Land Management Integrated Resources National BPA Please respond fully to the solicitation requirements (e.g. pricing, certifications and representations, and selection criteria).

Provide commercial pricing for all line items 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 they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific units. This is NOT a Time and Materials BPA call contract. The unit pricing requested will be utilized for price evaluation purposes in selecting a “Best Value” contractor.

Note: The general activities used for future call orders will generally be a firm fixed price service. There may be a need for more complex work requirements than listed in the scope of work. Therefore, contractors submitting proposals for commercial treatments may be requested to use either of these more complex requirements.

As specified herein, utilization of Service Contract Act rates and shall be used in response to this solicitation. Wage determinations shall dictate which terms, conditions, and clauses apply to individual call orders. This solicitation and any resultant Blanket Purchase Agreements may incorporate service, emergency work, and potential for other complex work requirements. Wage Determinations are based on location and type of work. Wage determinations will be included with each call order and request for quotes. You can find all wage determinations at www.sam.gov.

The intent of this procurement action is to enter into multiple Blanket Purchase Agreements (BPAs) under which work may be competed and BPA Calls for project work issued. While a pre-set limitation is not established regarding the number of BPAs that will be entered in to, the amount may be limited in any geographic area if it is determined that sufficient competition is taking place and the administrative burden of entering into more agreements offsets the potential benefit. As a result, this solicitation will remain Open and Continuous to add vendors when determined necessary.

Quotes for this agreement may be received for the life of the BPA. Quote packages that include technical, past performance, and pricing received after the initial evaluation period will be reviewed at the convivence of the Government.

mailto:BREANNE.PARKER@USDA.GOV http://www.sam.gov/

PROJECT NAME Land Management Integrated Resources BPA Solicitation 12363N23Q4023

BPA holders will indicate which forest zone(s) they are interested in providing coverage. When projects come available in those zones BPA holders who have indicated interest in covering the applicable zone will be requested to provide a quote.

Service projects estimated at $2,500, or less, may be negotiated and awarded without competition.

Work may be in one or more of any National Forest in the United States. Forests and Locations are listed in the attached spreadsheet.

BIOPREFERRED

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for services for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Wood and concrete sealers Fertilizers Roof coatings Water tank coatings Adhesive and mastic removers Cleaners Sorbents Floor finish Floor stripper Composite panels Janitorial supplies Insulating foam Sealers Carpet Metalworking fluids Graffiti and grease removers Stain removers Degreasers De-icers Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification (MAY 2024)

(DEVIATION FEB 2025).

The Contractor shall comply with the clause at FAR 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) Based on the FAR clause 52.233-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management System. https://www.sam.gov. Contractors will report the category, product type and dollar value of any USDA designated biobased products purchased by the Contractor; and reporting must be completed by the end of October for the previous http://www.biopreferred.gov/ http://www.sam.gov/ entire fiscal year (Oct 1 – Sept 30). Complete the required information within the portal at SAM and copy your Contracting Officer.

GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section 43 for instructions on preparing your proposal and pricing. Submit technical proposals and price proposals separately, via email, to the individual(s) shown in box 28 of page 1.

Bonds: Bid Bonds, Payment Bonds, and Performance Bonds are not required for this project.

All Contractors must be actively registered in the System for Award Management (SAM) at https://SAM.gov to be eligible for award under this solicitation. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

Pricing for this BPA (starting on page 5) should be a loaded hourly rate for each labor category. The intent is for projects to be bid by the lump sum and not per hour. The pricing is for evaluation purposes solely and does not constitute a final pricing. The pricing listed will determine if contractors are awarded to the pool of this BPA. The call order level will require firm fixed pricing and the quotes received with each call order are binding.

https://sam.gov/

ITEM

NO.

SCHEDULE OF SERVICES UNIT UNIT PRICE

1. PROJECT MANAGEMENT HOUR $

2. SUBLEADER TO PROJECT MANAGER HOUR $

3. EQUIPMENT TEAM LEADER HOUR $

4. INSPECTION SERVICES HOUR $

5. HERITAGE/ARCHAEOLOGIST HOUR $

6. LANDSCAPE ARCHITECT HOUR $

7. BOTANIST HOUR $

8. FISH BIOLOGIST HOUR $

9. WILDLIFE BIOLOGIST HOUR $

10 HYDOLOGIST HOUR $

11 HAZARDOUS MATERIALS HOUR $

12 SOILS SCIENTIST HOUR $

13 GEOLOGIST/MINERALS SPECIALIST HOUR $

14 TRIBAL LIAISON HOUR $

15 COMMUNICATIONS SPECIALIST HOUR $

16 COMMUNITY ENGAGEMENT SPECIALIST/LIAISON HOUR $

17 TECHNOLOGY SPECIALIST HOUR $

18 DATA STEWARD HOUR $

19 ARCHITECT/ENGINEER HOUR $

20 SURVEYOR HOUR $

21 FORESTER HOUR $

22 PROFESSIONAL TREE SERVICES HOUR $

23 CULTURALIST HOUR $

24 ECONOMIST HOUR $

25 CLIMATE SPECIALISTS HOUR $

26 NEPA HOUR $

27 ENVIRONMENTAL COMPLIANCE COORDINATOR HOUR $

28 TREE PLANTING HOUR $

29 STOCKING SURVEYS HOUR $

30 INVASIVE PLANT CONTROL HOUR $

31 ECOLOGICAL RESTORATION HOUR $

32 ROAD DECOMMISSIONING/OBLITERATION/SOIL DE-

COMPACTION

HOUR $

33 STREAM/RIPARIAN/WETLAND

RESTORATION/CHANNEL REALIGNMENT

HOUR $

34 SEDIMENT/EROSION CONTROL HOUR $

35 PROJECT MOBILIZATION IN/OUT HOUR $

36 PLANT MATERIAL COLLECTION/INVENTORY/MAPPING HOUR $

37 NATIVE GRASS AND FORB SEED AND STRAW PRODUCTION HOUR $

38 PLANT PROPAGATION HOUR $

39 TREE CLIMBING AND CONE/SEED COLLECTION HOUR $

40 TREE COOLER MAINTENANCE AND SERVICING HOUR $

41 ANTHROPOLOGIST/ETHNOGRAPHER HOUR $

42 GIS (GEOGRAPHIC INFORMATION SYSTEM) SPECIALIST HOUR $

43 HISTORIAN HOUR $

44 NATURAL RESOURCE STUDIES HOUR $

45 PESTICIDE RISK AND EFFECTS ANALYSIS HOUR $

46 AIR QUALITY AND SMOKE MANAGEMENT HOUR $

47 VEGETATION MANAGEMENT (TIMBER, SILV, BOTANY, INVASIVE

SPECS)

HOUR $

48 DESIGNATION AND CRUISING HOUR $

49 FUELS REDUCTION AND TREATMENTS HOUR $

50 RANGELAND MANAGEMENT HOUR $

51 LOGGING AND TRANSPORTATOIN SYSTEMS PLANNING HOUR $

52 LOGGING AND ROAD ANALYSIS HOUR $

53 SCENERY MANAGEMENT HOUR $

54 LANDSCAPE ANALYSIS AND WATERSHED ASSESSMENTS HOUR $

55 RECREATION HOUR $

56 SOCIO-ECONOMIC STUDIES HOUR $

57 LANDS AND SPECIAL USES HOUR $

58 TRAVEL MANAGEMENT HOUR $

59 CLIMATE CHANGE HOUR $

60 PARALEGAL SERVICES HOUR $

61 RECORDS MANAGEMENT HOUR $

62 ENVIRONMENTAL JUSTICE ANALYSIS HOUR $

63 GRAPHIC DESIGN HOUR $

64 PALEONTOLOGIST HOUR $

65 AERIAL SEEDING/MULCHING/FERTILIZATION HOUR $

66 MECHANICAL/HYRAULIC PLANTING/PLANT PROTECTION HOUR $

67 HAND PLANTING/PLANT SALVAGE/PLANT PROTECTION HOUR $

68 MECHANICAL/HAND SEEDING HOUR $

69 BIOENGINERRNG/STORM WATER TREATMENTS HOUR $

70 SLASH SHREDDING/HAULING HOUR $

Proposed Areas for Coverage

Contractors must complete Attachment B which lists every forest and grassland by State. Indicate in the table with an “X” for the locations in which you would like to provide quotations and are willing to travel for work. See “Project Location” and additional information on geographic zones. Below is diagram showing all of the regions of the Forest Service.

LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Project Description and Work Specifications.

Payment for Land Management Work Activities in Schedule of Items will be made in Stewardship Credits and Appropriated Funds.

All Base Work Activities (Mandatory) shall be performed. Optional activities are listed in order of planned priority.

Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government.

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

COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 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.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR 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.

contract.

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211

(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.

(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 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 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. 4701 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.

PROJECT DESCRIPTION

Work includes but is not limited to the following:

Typical Service Activities

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 1 FOR DETAILED SCOPE OF WORK

1. Project Management

a. Example, construction management specific but doesn’t have to be.

b. Organizes tasks in a logical order

c. Familiar with budget management,

d. Short-term and long-term strategic planning,

e. Communicates well with line, staff, and contractors.

2. Subleader to the Project Manager

a. Team lead or operations lead

3. Equipment team leader http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

a. Fire task force leader,

b. Management of multiple types of equipment

4. Inspection Services

a. Construction contracts

b. Aerial services

c. Service contracts

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 2 FOR DETAILED SCOPE OF WORK

5. Heritage/Archaeologist

6. Landscape Architect

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 3 FOR DETAILED SCOPE OF WORK

7. Botany & Botanical Surveys

a. Invasive plant management and endangered plant protection)

8. Fish Biologist

9. Wildlife Biologist/Surveys

10. Hydrologist

11. Hazardous Materials

a. Expertise in recognizing the level of hazard and develop the scope and scale of impact and scalable plan for stabilization and remediation.

12. Soils Scientist

a. Subsoiling by alleviating heavily compacted soils using an implement specifically designed to reduce soil strength, restore intrinsic bulk density (weight per unit volume), macropore space, permeability, infiltration, and tilth of soil layers to depth.

13. Geologist

14. Land Surveyor

15. Forester

a. Ability to identify imminent and projected hazard trees and fuels strategy

16. Professional tree services

a. Faller, climber, trimmer

17. Culturalist

a. Reforestation project planner

18. Economist

a. Assists in the natural disaster and recovery efforts, both direct and indirect, at a geographic scale

19. Climate Specialists

a. Evaluates the impacts of the fire and development of climate resilient landscapes and carbon balance equations

20. Geographic Information Systems

21. Paralegal Services

22. Records Management

23. Environmental Justice Analysis

24. Landscape Architect

25. Graphic Designer

26. Paleontologist

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 4 FOR DETAILED SCOPE OF WORK

27. Tribal Liaison

28. Communications Specialist

29. Community Engagement Specialist/Liaison

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 5 FOR DETAILED SCOPE OF WORK

30. Technology Specialists

a. Remote sensing, GIS, data collection, data management, AGOL dashboard management, etc.

31. Data Steward

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 6 FOR DETAILED SCOPE OF WORK

32. Architect/Engineer

a. Transportation, facilities, bridges design

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 7 FOR DETAILED SCOPE OF WORK

33. NEPA

a. Planning

b. Writing/Editing (Environmental Analysis, Environmental Impact Statements, Categorical Exclusions, etc.

c. General NEPA Support

34. Environmental Compliance Coordinator

a. Permits such as negotiating with the Water Quality Control Board, Army Corps of Engineers, SHPO, etc.

FOR THE FOLLOWING SERVICES SEE ATTACHMENT 8 FOR DETAILED SCOPE OF WORK

35. Tree planting

a. The sub-items in this category include, tubing, gopher baiting/trapping, vegetation barrier mat placement, grubbing, big game repellant and riparian/upland planting.

36. Stocking surveys

37. Invasive Plant Control

38. Treating invasive plants using herbicides or manual control methods.

39. Restoration Services

a. Ecological restoration in both terrestrial and aquatic settings in varied and diverse environments, and may include for example but are not limited to: native habitat restoration/enhancement (wildlife, fisheries, etc.); road construction (cut and fill slopes, source pits, spoils areas, landscaping, ERFO, etc.); mine reclamation (tailings, waste rock, overburden, etc.); fire rehabilitation (BAER, habitat improvement, etc.).

b. Hydro - Seeding/Mulching/Fertilizing.

c. Aerial Seeding/Mulching Application/Project Material(s) transport

d. Mechanical/Hydraulic Planting/Plant Protection.

e. Hand Planting/Plant Salvage/Plant Protection

f. Mechanical/Hand Seeding

g. Bioengineering/Storm Water Treatment

h. Slash Shredding/Hauling

i. Road Decommissioning/Obliteration/Soil De-compaction.

40. Stream/Riparian/Wetland Restoration/Channel Realignment

41. Sediment/Erosion Control.

42. Project Mobilization In/Out.

43. Plant Material Collection/Inventory/Mapping

44. Native Grass and Forb Seed and Straw Production

45. Plant Propagation

46. Tree Climbing and Cone/Seed Collection

47. Tree Cooler Maintenance and Servicing

General Guidelines:

The scope covers all Federal, State, and local agency lands within Forests’ boundaries which include but are not limited to; all counties within forest boundaries. The BPA call will be issued and administered by a Government entity.

(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 USDA within 150 miles of Forests’ boundaries. In accordance with the Ordering Procedures Provision herein, BPA calls placed against the Agreements may be competed within the awardee pool or sole source when determined to be in the Governments best interest.

SPECIFICATIONS

General specifications for each Contract Scope individually described by an item number in the Schedule of Items can be found in individual call orders or specifications (note-specifications may change at time of BPA call creation).

PERFORMANCE REQUIREMENTS

All work shall be performed in accordance with the attached performance based standard specifications unless otherwise specified in a call order.

Acceptable Quality Levels (AQLs) for each performance standard are also established in the attached documents. AQLs may vary between forests. These AQLs will apply to all ordered work unless otherwise specified in a call order.

The attached performance standards, typical drawings, and AQLs are part of this solicitation and any resulting contract.

CONTRACTOR QUALITY CONTROL INSPECTION

When requested by the Contracting Officer, the successful Contractor(s) shall provide a written Quality Control Plan satisfactory to the Government describing how the Contractor will control work quality and document inspection results for awarded call orders.

Contractor shall conduct ongoing quality control inspections in accordance with the approved plan. Contractor shall also provide written certification for all invoiced work that was accomplished in accordance with the terms and conditions of the contract.

Inspection shall be maintained concurrent with contract work. Contractor inspection results shall be available to the Contracting Officer at all times

GOVERNMENT QUALITY ASSURANCE

Government Quality Assurance Plan The Government may make periodic inspections while work is in progress. After completion of a pay item, the Government may also inspect to determine compliance with performance standards and acceptable quality levels.

Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive Acceptance and Payment for Road Maintenance Acceptance will be based on visual inspection of pay items. If visual inspection finds that Acceptable Quality Levels for any Performance Standard is not met, rework will be required.

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

MEASUREMENT AND PAYMENT

1) Service Call Orders: All measurements and payments are as defined in the Forest Service Performance Based Maintenance Specifications (as included elsewhere in this document), or on the specifications provided within the individual call order(s).

ORDERING

(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 February 1, 2033. The agreement shall remain until either party to the agreement determines that it is no longer beneficial or effective during the performance period. Should the Government make this determination, a cancellation notice shall be provided to the vendor. Should the vendor make the determination, they shall provide written notice to the Government of their intent to cancel the agreement. Cancellation of the BPA will not affect the obligations of either party regarding outstanding Call Orders which have not been closed out.

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

(c) When emailed, a BPA call is considered “issued” when the Government sends the order via email. BPA calls may be issued by mail, orally, by facsimile, or by electronic commerce methods.

BLANKET PURCHASE AGREEMENTS – REVIEW PROCEDURES

This agreement is subject to the annual review procedures outlined in FAR 13.303-6. “Maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements”.

PURCHASE LIMITATIONS

With the exception of those projects determined to be commercial services, all call orders placed under this blanket purchase agreement shall fall under FAR 13.5. For those projects determined to be commercial services, the maximum call order amount shall be established in FAR 13.303-5 (b)2 under subpart FAR 13.5.

2. FAR 52.217-7 – Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance prior to contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract unless the parties otherwise agree.

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. Specifications for timber removal can be found in Appendix B and associated road plans and specifications are 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 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.

6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

7. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

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 due date listed on individual call orders. 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. PERIOD OF PERFORMANCE

The period of performance of each contract will be determined at the call order level.

9. SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed 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.

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.

10. 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 under Measurable Performance Standards.

When harvesting operations are underway, the value of work completed, and timber removed will be documented monthly in the Forest Products Financial System which will produce a Statement of Accounts.

11. 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.

12. POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at TBD.

13. 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, maps, access permits, etc.

14. USE OF PREMISES

(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.

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government business.

Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

The Contractor shall request permission (in writing) from the appropriate Ranger District to use campsites. If permission is granted, the District Ranger's letter shall specify all conditions and requirements.

It is further stipulated that in addition to clean-up of any camp sites, the Contractor is required to remove all his equipment from National Forest land before final acceptance and payment of the project.

Portable chemical toilets, self-contained holding tanks, approved pit or vault toilets which meet State Code are required.

15. KEY PERSONNEL

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

Overall Project Manager

(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.