1240BE24Q0106 Amendment 01.pdf

Solicitation Number: 1240BE24Q0106 Amendment 01

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as an Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

(iv) This procurement has a 100% small business set-aside. The NAICS code is 115310 and the Small Business Size Standard is $11.5 Million.

(v) Schedule of Items/Price Schedule

SCHEDULE OF SUPPLIES / SERVICES

BPA - Stream Restoration, Tree Tipping, Wood Placement & Log Haul

Siuslaw, Willamette, Umpqua, Rogue River-Siskiyou, Olympic, Gifford Pinchot, Deschutes, Ochoco, Umatilla, Malheur, & Wallowa-Whitman National Forest

Schedule of Items: All heavy equipment shall be furnished with an operator

ITEM NO. DESCRIPTION PAY

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

STREAM RESTORATION, TREE TIPPING & WOOD PLACEMENT (Item No. 0001 through 0011)

For Pay Items 0001 through 0008 the Unit Prices quoted will be used as the established pricing for the overarching BPAs. BPA Calls may be made based solely on these unit prices and Contractor availability.

Work is competed per BPA call for Pay Items 0009, 0010, & 0011.

Quoter is not required to quote on Line Items 0003, 0004,0005, 0006AK & 0006AL (cable yarding work).

See Grouping Note below for “all or none” quoting requirements.

Mobilization - A mobilization lump sum payment will be made for each piece of heavy equipment order per BPA Call.

For payment purposes a Mobile Yarder, or Yarder will be considered heavy equipment and receive payment for a mobilization.

0001AA Siuslaw NF: Hebo RD Job 1

0001AB Siuslaw NF: Central Coast RD Job 1

0001AC Willamette NF: Detroit and Sweet Home RDs Job 1

0001AD Willamette NF: Mckenzie River RD Job 1

0001AE Willamette NF: Middle Fork RD Job 1

0001AF Umpqua NF: Cottage Grove RD Job 1

0001AG Umpqua NF: North Umpqua RD Job 1

0001AH Umpqua NF: Diamond Lake RD Job 1

0001AI Umpqua NF: Tiller RD Job 1

0001AJ Rogue River- Siskiyou NF: High Cascades RD Job 1

0001AK Rogue River- Siskiyou NF: Powers RD Job 1

0001AL Rogue River- Siskiyou NF: Gold Beach RD Job 1

0001AM Rogue River- Siskiyou NF: Wild Rivers Mountains RD Job 1

0001AN Rogue River- Siskiyou NF: Siskiyou Mountains RD Job 1

0001AO Olympic NF: Hood Canal RD Job 1

0001AP Olympic NF: Pacific RD - North Job 1

0001AQ Olympic NF: Pacific RD - South Job 1

0001AR Gifford Pinchot NF: Cowlitz Valley RD Job 1

0001AS Gifford Pinchot NF: Mt. Adams RD Job 1

0001AT Deschutes NF: Bend-Fort Rock RD Job 1

0001AU Deschutes NF: Crescent RD Job 1

0001AV Deschutes NF: Sisters RD Job 1

0001AW Ochoco NF: Lookout Mountain RD Job 1

0001AX Ochoco NF: Paulina RD Job 1

0001AY Ochoco NF: Crooked River National Grassland Job 1

0001AZ Umatilla NF: North Fork John Day RD Job 1

0001BA Umatilla NF: Heppner RD Job 1

0001BB Umatilla NF: Pomeroy RD Job 1

0001BC Umatilla NF: Walla Walla RD Job 1

0001BD Malheur NF: Blue Mountain RD Job 1

0001BE Malheur NF: Emigrant Creek RD Job 1

0001BF Malheur NF: Prairie City RD Job 1

0001BG Wallowa-Whitman NF: La Grande RD Job 1

0001BH Wallowa-Whitman NF: Whitman Unit Job 1

0001BI Wallowa-Whitman NF: Hells Canyon National Recreation Area Job 1

0001BJ Wallowa-Whitman NF: Wallowa Valley RD Job 1

Directionally Fall Trees or Snags with Chainsaw

0002AA Level I. Less Than 22” DBH Tree 1

0002AB Level II. 22”- 43” DBH Tree 1

0002AC Level III. 44”- 60” DBH Tree 1

Directionally Pull Trees with Roots Attached with Cable Yarder (Tree Tipping)

0003AA Level I. Less Than 22” DBH Tree 1

0003AB Level II. 22” - 43” DBH Tree 1

0003AC Level III. 44” - 60” DBH Tree 1

0003AD Level IV. 61” - 76” DBH * Roots attached not required for full pay Tree 1

Cable Yard Oversized or Tipped Tree with Roots Attached to an In-stream Structure (55 feet long, or greater with a root wad greater than 3 feet in diameter)

0004AA Level I - Basic: Yarding distance from 1 to 20 yards. Tree 1

0004AB Level II - Moderate: Yarding distance from 21 to 40 yards. Tree 1

0004AC Level III - Moderate/Difficult: Yarding distance from 41 to 80 yards Tree 1

0004AD Difficult: Yarding distance from 81 to 100 yards. Tree 1

Cable Yard Regular Size Log or Downed Tree to an In-stream Structure (less than 55 feet long with a root wad less than, or equal to 3 feet in diameter)

0005AA Level I - Basic - Yarding distance from 1 to 30 yards. Tree 1

0005AB Level II - Moderate - Yarding distance from 31 to 100 yards Tree 1

0005AC Level III - Moderate/Difficult – Yarding distance from 101 to 200 yards Tree 1

0005AD Level IV – Difficult - Yarding distance from 201 to 350 yards. Tree 1

Configure In-stream Wood Structures and Redistributing Bed Material

0006AA Excavator - 4,000 to 13,999 lbs. (Mini) Hour 1

0006AB Excavator - 14,000 to 21,999 lbs. (Small) Hour 1

0006AC Excavator - 22,000 to 43,999 lbs. (Small-Medium) Hour 1

0006AD Excavator - 44,000 to 65,999 lbs. (Medium) Hour 1

0006AE Excavator - 66,000 to 87,999 lbs. (Medium-Large) Hour 1

0006AF Excavator (with choker setter) 4,000 to 13,999 lbs. (Mini) Hour 1

0006AG Excavator (with choker setter) - 14,000 to 21,999 lbs. (Small) Hour 1

0006AH Excavator (with choker setter) - 22,000 to 43,999 lbs. (Small-Medium) Hour 1

0006AI Excavator (with choker setter) - 44,000 to 65,999 lbs. (Medium) Hour 1

0006AJ Excavator (with choker setter) - 66,000 to 87,999 lbs. (Medium-Large) Hour 1

0006AK

Cable Yarder (with choker setter) - 22,000 to 43,999 lbs. (Small-Medium)

Hour

0006AL

Cable Yarder (with 2 choker setters) - 44,000 to 65,999 lbs. (Medium)

0006AM Grapple Skidder, rubber tire, with winch and grapple. Hour 1

0006AN Grapple Skidder, track-mounted, with winch and grapple. Hour 1

0006AO Line/Cable Skidder, rubber tire, with winch Hour 1

0006AP Line/Cable Skidder, track-mounted, with winch Hour 1

0006AQ

Grapple Skidder, Morgan Silva Track type or equivalent, rubber tire, with 200+HP, winch and grapple. Hour 1

0006AR Faller/Bucker Hour 1 $

0006AS Dozer, minimum power (flywheel) of 60 - 149 HP Hour 1

0006AT Dozer, minimum power (flywheel) of 150 - 249 HP Hour 1

0006AU Dozer, minimum power (flywheel) of 250+ HP Hour 1

0006AV Front End Loader with minimum carrying capacity of 2.0 cubic yards. Hour 1

0006AW Front End Loader with minimum carrying capacity of 3.25 cubic yards. Hour 1

0006AX

Superhoe (also referred to as a Spyder or Articulated Backhoe), Shaeff HS 41M or equivalent, with min. bucket capacity of 0.75 cubic yards; digging teeth and hydraulic thumb; 360 degree rotation, able to work on 1:1 slope, boom-mounted winch; min. 82 HP.

0006AY

Superhoe (also referred to as a Spyder or Articulated Backhoe), Shaeff HS 41M or equivalent, with min. bucket capacity of 0.75 cubic yards; digging teeth and hydraulic thumb; 360 degree rotation, able to work on 1:1 slope, boom-mounted winch; min. 82 HP and a factory installed drive mechanism.

0006AZ

Dump Truck, with capability of hauling 10 cubic yards of material, spreading, placing, and stockpiling a variety of rock and soil materials and sizes.

0006BA

Dump Truck, with capability of hauling 20 cubic yards of material, spreading, placing, and stockpiling a variety of rock and soil materials and sizes.

0006BB

End Dump Truck, with min. capacity of 40 cubic yards; high lift rear gate; and ability to remove rear gate. Hour 1

0006BC

Dump Truck - Same as Item No. 6J.1, but with protective liner for hauling and dumping large boulders (up to 2 cubic yards in size). Hour 1

0006BD

Dump Truck - Same as Item No. 6J.2, but with protective liner for hauling and dumping large boulders (up to 2 cubic yards in size). Hour 1

0006BE

Log Loader, 50,000 -69,999 lbs. weight, track-mounted; grapple able to pick up logs up to 48 inches in diameter.

0006BF

Log Loader, 70,000 - 94,999 lbs. weight, track-mounted; grapple able to pick up logs up to 60 inches in diameter. Hour 1

0006BG

Log Loader, 95,000 - 120,000 lbs. weight, track-mounted; grapple able to pick up logs up to 72 inches in diameter. Hour 1

Redistribution of Stream Bed Materials

0007AA Level I - Basic: Bed material moving distances from 1 to 30 yards Cubic Yard 1 $

0007AB Level II - Moderate: Bed material moving distances from 31 to 100 yards Cubic Yard 1 $

0007AC Level III - Moderate/Difficult: Bed material moving distances from 101 to 200 yards

Cubic Yard 1 $

0007AD Level IV - Difficult: Bed material moving distances from 201 to 350 yards Cubic Yard 1

Extract Whole Tree - 12 in. to 36 in. DBH; 80 foot tall

Tree

Incentives (See Specification C-6.9)

Tree

PER BPA

CALL

CALL

Traffic Control

Job

CALL

Miscellaneous Identified Task

Job

CALL

PER BPA

CALL

0012 LOG HAUL

All Log Haul work is competed per BPA Call.

The following unit prices will be used for evaluation purposes only.

0012AA Self Loader Log Truck with Operator (Extraction – Trees, logs, root wads, or trees with roots attached) Hour 1

0012AB Self Loader Log Truck (Haul and unload trees or logs) Mile 1

0012AC Excavator Hour 1

0012AD Excavator - 22,000 to 43,999 lbs. (Small-Medium) Hour 1

0012AE Excavator - 44,000 to 66,000 lbs. (Medium) Hour 1

0012AF Dump Truck with Liner Mile 1

0012AG Skidder Hour 1

0012AH Extract and Deck Designated whole trees - 12 in. to 36 in. DBH; 80 ft tall Tree 1

0012AI Directionally fall designated trees - 12 in. to 36 in. DBH; 80 ft tall Tree 1

0012AJ Miscellaneous Identified Task Job PER BPA

CALL

PER BPA

CALL

0012AK Additional Equipment Cleaning Each 1

0012AL Mobilization with Initial Equipment Cleaning - Loaded and Hauled Equipment Lump Sum

PER BPA

CALL

PER BPA

CALL

0012AM Mobilization with Initial Equipment Cleaning - Drive-in Equipment Lump Sum

PER BPA

CALL

NF = National Forest; RD = Ranger District; HP = Horse Power; DBH = Diameter at Breast Height

Unique Entity ID:

Email:

Grouping Note: Quoter may choose to quote on any or all of the following groups of Line Items.

Group 1 – Includes Line Items 0001, 0002, 0006, 0007, & 0008. These are solicited as “all or none” indicated that if a quoter quotes on any of these items, they must quote on all line items shown for Group 1.

Group 2 – Includes Line Items 0001, 0003, 0004 ,0005, 0006AK & 0006AL. These are solicited as “all or none” indicated that if a quoter quotes on any of these items, they must quote on all line items shown for Group 2.

Group 3 – Includes Line Items 0012. These are solicited as “all or none” indicated that if a quoter quotes on any of these items, they must quote on all line items shown for Group 3.

Schedule Notes:

a) Multiple awards will be made from this solicitation.

b) The total amount of call orders among all BPA holders will not exceed $2,000,000.00.

Invoices shall be submitted electronically at: www.ipp.gov

All questions concerning this solicitation shall be submitted in writing to Contract Specialist, Darnell Williams, at darnell.williams@usda.gov. The last date to submit questions is August 7, 2024. Any answers that provide additional relevant and new information will be posted to FBO for all contractors to view on or around August 9, 2024. No information concerning this solicitation provided in response to telephone calls or email shall be considered binding.

http://www.ipp.gov/ mailto:darnell.williams@usda.gov

Quoter must respond to the other factors as described under FAR 52.212-2 Evaluation – Commercial Items (NOV 2021).

NOTE: Prospective awardees MUST be registered in the System for Award Management (SAM) to be awarded a Federal Government contract. If you are not registered, please register at the following site: https://www.sam.gov.

CONTRACT TYPE AND CONTRACT PERIOD

A Blanket Purchase Agreement/s (BPA) will be awarded in response to this solicitation. A BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources. This is a Request for Quotations (RFQ) to establish a pool of vendors who can provide services for Stream Restoration, Tree Tipping, Wood Placement & Log Haul. The period of performance of each BPA is from: Date of Award through August 29, 2029.

An annual review will be conducted and at that time, Contractors may be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement (or latest update if applicable) will remain in effect.

The Government reserves the right to make single or multiple awards based on the responses to this RFQ that represent the best value to the Government. The Government anticipates awarding up to four (4) BPAs in response to this solicitation.

ISSUANCE OF BPA Calls All work will be ordered by Firm-Fixed-Price, or Labor Hour BPA call. Calls may be based on the fixed prices as shown in the Schedule of Items or quoted per BPA call. Some calls will include a mix of fixed prices and quotable line items of work. BPA Calls may be issued orally and followed up in writing, by facsimile, or by electronic commerce methods.

BPA Calls may be placed from Date of Award through August 29, 2029. Concurrent calls may be issued. It is our intent to award the Mining Reach Phase II project upon award of the BPA.

The following individuals may place Individual Project calls against this BPA: Any FS warranted Contracting Officer with proper delegated authority.

BPA calls will be issued as work becomes available.

The estimated issue date of the first BPA call is August 30, 2024. Estimated start work dates and performance times will be identified on each call. Calls may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

The contractor is not required to accept every call. However, there is a general expectation that the Contractor will be available for most calls.

https://www.sam.gov/

Service contract wage rates will be added via attachment per BPA call/award. The wage rates included in this solicitation are provided as a sample only.

DELVIERY TICKETS

A requirement that all shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

INVOICES

An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

DEFINITIONS:

CO: Contracting Officer - person with the authority to enter into, administer, and/or terminate the agreement.

Region 6: Forest Service offices in Oregon and Washington.

BPA Call: An order for services placed against a BPA. Each BPA Calls will be numbered by using the alpha character “A” as the procurement type identifier (e.g. 1240BE24Axxx1).

Calendar Days: Every day shown on the calendar, Saturdays, Sundays, holidays included.

(vi) Description of Requirement (including a list of any attachments)

See list of Attachments for details

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

See list of Attachments for details

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Schedule of Items (Price quotation)

3) Response to Evaluation Criteria (See FAR 52.212-2)

4) Submit offer by email to darnell.williams@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Capability, Schedule of Items (Price quotation), and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Darnell Williams.

4) Address questions about this solicitation to Darnell Williams at darnell.williams@usda.gov.

Addenda to Provision FAR 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition.

(End of provision)

(ix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors listed below shall be used to evaluate offers:

1. Technical Capability

2. Price https://www.sam.gov/SAM/

Technical Capacity is significantly more important than cost or price.

Fully address and respond in writing your response to the following evaluation criteria.

Responses may be submitted on the following blank lines, or on a separate document.

1. Technical Capability (Viewed as a measure of contractor’s relevant experience, past performance, & Quality Control Plan (QCP)). Provide your knowledge and understanding of the solicitation specifications. Include past performance within the last 3 years. For past performance, provide location of work, type of work, date completed, and name and phone number of a person to contact for any references are provided. Provide your Quality Control Plan as specified in the Contractor Quality Control Plan clause of this solicitation.

(a) Past performance is a measure of the degree to which a quoter, as an organization, has: (1) satisfied its customers, and (2) Met required delivery date(s). The Government may inquire about the following elements, which are all of equal importance in relation to each other, (1) quality of the offeror’s work; (2) customer satisfaction; (3) timeliness of the Firm during performance and the final completion of the project; and (4) overall business relations.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

https://www.sam.gov/

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) (Provision)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

(b) The offeror ☐ has ☐ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see FAR 52.204-7).

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(End of provision)

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

Addendum to FAR 52.212-4

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

(End of Clause)

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(End of Clause)

CONTRACTOR'S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract.

(End of Clause)

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1. The name, address, telephone number and DUNS number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

(End of Clause)

INDIVIDUAL PROJECT BPA PURCHASE/CALL PERFORMANCE PERIOD

REQUIREMENTS

The following clause, FAR 52.211-10, shall apply to each individual BPA call. An estimated start work date will be included within the BPA call. The specific days/dates included within a BPA call will vary considerably. The allowed performance completion period for individual projects will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance.

(End of Clause)

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

(APR 1984)

(a) commence work under this contract within * calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than *. The time stated for completion shall include final cleanup of the premises.

* Times will be listed on each BPA call

(End of clause)

SCHEDULES FOR SERVICE CONTRACTS

The Contractor shall provide a proposed work schedule at the pre-work (per BPA call) to insure completion of the work within the time set forth in call. If the Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve progress; in addition the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion within the time(s) set forth in the contract.

(End of clause)

PROSECUTION OF WORK

(a) Work shall be scheduled to provide completion of segments on a daily basis unless otherwise herein provided. Refer to the BPA call for seasonal restrictions that will dictate the priority of units to be completed first.

(b) A Work Schedule shall be prepared by the Contractor based on priorities provided in the contract unless superseded by the Contracting Officer in advance of work.

(c) The Contracting Officer may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

(d) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel and equipment during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site.

(e) The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

(End of clause)

CONTRACTOR QUALITY CONTROL PLAN

A. Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal.

The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

- How quality will be monitored to ensure performance standards are met.

- How the work will be supervised.

- How results of the monitoring will result in quality performance.

- Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection

The Contractor shall assure themselves that performance meets contract specifications, in accordance with FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, paragraph (a), prior to requesting the Government to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer upon completion of a work area. The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

(End of clause)

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

The Government will periodically evaluate the Contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Government representative will evaluate the Contractor’s performance through intermittent on-site inspections of the Contractor’s work.

(End of clause)

UNSATISFACTORY PERFORMANCE

Nonconformance with any of the specifications will require rework at the Contractor’s expense, to bring the work up to specification standards. When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected.

(End of clause)

REWORK AND REINSPECTION AFTER REWORK

When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected. Re-inspection after rework will be made in the same manner as the first inspection but may be at different locations. The Contractor shall pay for inspections necessitated by the rework.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of chemical sprays in areas other than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government.

Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

USE OF PREMISES

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

b. Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, the Contractor shall request permission (in writing) from the COR. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a camping permit will be issued.

c. It is further stipulated that in addition to clean up of any campsites, the Contractor shall remove its equipment from National Forest land before final acceptance and payment of the project.

(End of clause)

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

(End of clause)

LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which falls outside the roadway due to contract operations and dispose of it as directed, by the Government.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government. If a petroleum spill should take place in the water, the Contractor shall immediately notify the COR and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124.

(End of clause)

THREATENED, ENDANGERED, AND SENSITIVE SPECIES

Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Suspension of Work clause, FAR 52.242-14.

(End of clause)

PROPERTY AND PERSONAL DAMAGE

a. The Contractor shall use every precaution necessary to prevent damage to public and private property. Land monuments and property markers shall not be disturbed until the Contracting Officer, or his/her representative, has witnessed or otherwise referenced their location and directed their removal.

b. The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his/her agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the government.

(End of clause)

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

(End of clause)

TRASH AND REFUSE MATERIAL

Contractor shall remove all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to: chemical containers, used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper garbage, etc. All placement of sanitary facilities will require prior approval of the Contracting Officer.

(End of clause)

STORAGE OF MATERIALS AND EQUIPMENT

Materials shall be stored to assure the preservation of their quality and fitness for work.

Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

PERSONAL PROTECTIVE EQUIPMENT

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

POTENTIAL SAFETY…