PNW BPA_Amendment 001.pdf

(x) x x

363N

USDA-FS STEWARDSHIP CONTRACTING BRANCH

PROCUREMENT AND PROPERTY SERVICES

NATIONAL PROCUREMENT OPERATIONS

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-1138

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.

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

Items 8 and 15, and returning ______1_____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c)

By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, x

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

12363N23Q4024

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/22/2023

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

PACIFIC NORTHWEST (PNW) STEWARDSHIP BPA

REGION 6 - Oregon and Washington

1. Revises NAICS Code 115310 Standard Size to $34M on page 1

2. Replaces Section 9 with new language: Ordering on page 13

3. Replaces Section 10 on Page 14

4. Adds language to Section 24: Key Personnel on Page 20

5. Adds language to Section 29: Protection of Improvements on Page 27

6. Revises Section 32: Prevention of Oil Spills on Page 28

7. Replaces Section 51: Type of Contract on Page 49

8. Revises Section 56: Single Or Multiple Awards on Page 58

9. Clarifies & provides revised form: Section 58 Employment of Eligible Workers on Page 70 10.Revises header title for Specific Fire Precautions & Emergency Fire Precautions: Pgs 35&39

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

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

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

MARK T. PHILLIPP

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

Amendment 001:

Pacific Northwest Stewardship BPA Region 6 Solicitation 12363N23Q4024

Replace Section: “9. FAR 52.216-18 ORDERING (AUG 2020)” with Ordering section below:

9. ORDERING

(a) Any services to be furnished under this agreement shall be ordered by issuance of BPA Call Orders by the individuals or activities designated in the Schedule. Such Call Orders may be issued from date of award and have a period of performance up to two years after expiration of the BPA. 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 signed agreement shall control.

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

(d) 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 as acquired under subpart FAR 13.5.

Replace Section “10. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)” with Blanket Purchase Agreement section below:

10. 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”.

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

Adds the following at the end of clause:

Key Personnel- Representatives:

Unless otherwise agreed, Contractor shall designate, in writing, a representative who is authorized to receive notices in regard to performance under this contract and take related action. In no case shall Contractor designate any representative to this contract who is currently debarred, proposed for debarment, or suspended by the Federal Government.

Contractor’s representative shall provide a copy of the contract to Contractor’s field supervisor and persons authorized to assume responsibilities in the field super- visor’s absence. Prior to initial operations and after shutdowns of 10 days or more, Contractor’s representative shall notify Forest Service 2 days, excluding weekends and Federal holidays, before any operations begin on Contract Area.

Contractor’s representative shall designate, in writing, a field supervisor, one of whose responsibilities shall be on-the-ground direction and supervision of Contractor’s Operations.

The field supervisor shall be readily available to the area of operations when operations are in progress and shall be authorized to receive notices in regard to performance under this contract and take related action. The responsibilities of the field supervisor shall include the safeguarding of National Forest resources and performance within the terms of the contract.

Contractor representative will furnish Forest Service with names of persons authorized to assume responsibilities in field supervisor’s absence. Such delegations may be made a part of Contractor’s annual Operating Schedule.

Unless Contracting Officer designates another Forest Service representative and notifies Contractor in writing, the COR is the representative of Forest Service. Forest Service representative shall:

(a) Receive notice in regard to performance under this contract,

(b) Take action in relation to this contract, and

(c) Be readily available to the area of service work activities and logging operations.

Contracting Officer shall designate other on-the-ground representatives in writing along with their specific contractual responsibilities and authority. Representatives with authority delegated in writing are the only Forest Service personnel authorized to provide notice or take related actions under the contract. Such delegation shall be made within 60 days of contract award.

29. PROTECTION OF IMPROVEMENTS

Adds the following:

Forest Service shall notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances likely to be affected by Contractor’s Operations.

When Contractor’s Operations are adjacent to properties of railway, telephone, or power companies, or other property, work shall not begin until Contractor has identified actions necessary to prevent damage.

Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and/or rearrangement operations in order that these operations may progress in a reasonable manner, utility duplication or rearrangement work may be reduced to a minimum, and services shall not be unnecessarily interrupted.

In the event of interruption to utility services be- cause of accidental breakage or as a result of lines being exposed or unsupported, Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service until the service is restored.

When materials are to be hauled across the tracks of any railway, Forest Service will make arrangements with the railroad for the use of any existing crossing or for any new crossing required. Contractor shall make arrangements for use of alternate crossings. All construction work to be performed by Contractor on the rail- road right-of-way shall not damage railroad company’s property.

Protection of Property In construction and reconstruction of Specified Roads, Contractor shall not unnecessarily remove, deface, injure, or destroy trees, shrubs, or other natural features, unless specifically authorized. To the extent practicable, Contractor shall confine operations to within the clearing limit or other areas designated in the contract and prevent the depositing of rocks, excavated materials, stumps, or other debris outside these limits.

Material that falls outside these limits shall be retrieved, disposed of, or incorporated in the work to the extent practicable and necessary to protect adjacent resource values, unless otherwise agreed.

Revises Section 32 “Prevention of Oil Spills” with section below:

32. PREVENTION OF OIL SPILLS AND HAZARDOUS SUBSTANCES

If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.

Contractor shall notify Contracting Officer and appropriate agencies of all reportable (40 CFR

110) spills of oil or oil products on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, Subcontractors or their employees or agents, directly or indirectly, as a result of Contractor’s Operations. Con- tractor will take whatever initial action may be safely accomplished to contain all spills.

Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, Subcontractors or their employees or agents, directly or indirectly, as a result of Contractor’s Operations, in accordance with 40 CFR 302.

Revises header title for Specific Fire Precautions on page 35 by deleting "C(T)7.2" from title and in Emergency Fire Precautions on page 39 by deleting "C7.22" from title, as well as dates.

Precautions language remains unchanged.

Replace Section 51 Type of Contract with Type of Award below:

51. TYPE OF AWARD

The Government contemplates award of multiple Blanket Purchase Agreements resulting from this solicitation.

Revises Section 56 “Single or Multiple Awards” with section below:

56. SINGLE OR MULTIPLE AWARDS

The Government may elect to award a single Agreement or to award multiple Agreements for the same or similar supplies or services up to a total of 50 per National Forest under this solicitation.

58. EMPLOYMENT OF ELIGIBLE WORKERS- WORKFORCE CERTIFICATION

The first box is inadvertently checked. This box should only be checked if intended by Offeror.

Revised form attached.

58. EMPLOYMENT OF ELIGIBLE WORKERS- WORKFORCE CERTIFICATION

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation.

Provide a copy of Temporary Employment Certificate.) MSPA Workers:

(http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.)

Authorization includes:

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract.

If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/