1240BG22Q0005.pdf

Safety Training for Forest Service and BLM 1240BG22Q0005

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 36

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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

DATE

1240BG22Q0005 DATE

Jan 5, 2022

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

Jan 17, 2022

7. FOR SOLICITATION Breanne Parker calls) 541-805-4611 LOCAL TIME: 1400

INFORMATION CALL:

9. ISSUED BY CODE 10. THIS ACQUISITON IS

Ochoco National Forest

3160 NE Third St.

Prineville, OR 97754

UNRESTRICTED OR SET ASIDE: 100% FOR

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL

NAICS: 611699 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: 12 Million OWNED SMALL BUSINESS

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

16. ADMINISTERED BY CODE

Ochoco National Forest

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

National Finance Center

Submit your invoices through IPP Program

TIN#

TELEPHONE N0.

DUNS#

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

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

Submit pricing on pages 2-7

Base year is FY 2022

Option years are FY 2023-2026

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

25. ACCOUNTING AND APPROPRIATION DATA

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 _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (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.3/2005)

Continuation of SF1449 *(all rates must be fully loaded and include transportation, per diem, supplies, salary etc….)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SECTION B – FY 2022

BASE ITEMS 01-01D

2022 SAFETY TRAINING

OCHOCO AND DESCHUTES NATIONAL

FORESTS AND PRINEVILLE BLM

Price quoted should be cost per student/per hour

First Aid/Delayed Care Class/CPR/AED -class size minimum 8, maximum based on # of instructors to students, but usually 24 students and at least 2 instructors

8 Hour Training Required every 2 years

HOUR

N/A

01A

Preventing Disease Transmission (Blood

Borne Pathogens) – class size minimum 8, no maximum

1 Hour Training Required every year

01B

Hazard Communications/Hazmat/1st

Responder Awareness Training –

Globally Harmonized Systems based

2 Hour Training

01C

Bee Sting/Epinephrine Training - class size minimum 8, no maximum

01D

Confined Space Awareness Training – class size minimum 6, no maximum

When needed

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

Continuation of SF1449 *(all rates must be fully loaded and include transportation, per diem, supplies, salary etc….)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

SECTION B – FY 2023

OPTION ITEMS 02-02D

2023 SAFETY TRAINING

Price quoted should be cost per student/per hour

First Aid/Delayed Care Class/CPR/AED - class size minimum 8, maximum based on # of instructors to students, but usually 24 students and at least 2 instructors

02A

Preventing Disease Transmission (Blood Borne

Pathogens) – class size minimum 8, no maximum

02B

Hazard Communications/Hazmat/1st Responder

Awareness Training –

Globally Harmonized Systems based

02C

Bee Sting/Epinephrine Training - class size minimum

8, no maximum

02D

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER 42a. RECEIVED BY (Print)

FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

Continuation of SF1449 *(all rates must be fully loaded and include transportation, per diem, supplies, salary etc….)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

SECTION B – FY 2024

OPTION ITEMS 03-03D

2024 SAFETY TRAINING

Price quoted should be cost per instructors to students, but usually 24 students and at least 2 instructors

03A maximum

03B

Globally Harmonized Systems based

03C

03D

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

Continuation of SF1449 *(all rates must be fully loaded and include transportation, per diem, supplies, salary etc….)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

SECTION B – FY 2025

OPTION ITEMS 04-04D

2025 SAFETY TRAINING

04 First Aid/Delayed Care Class/CPR/AED -instructors to students, but usually 24 students and at least 2 instructors

8 Hour Training Required every 2 years

04A Preventing Disease Transmission (Blood maximum

1 Hour Training Required every year

04B Hazard Communications/Hazmat/1st

Globally Harmonized Systems based

2 Hour Training

04C Bee Sting/Epinephrine Training - class size

04D

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

Continuation of SF1449 *(all rates must be fully loaded and include transportation, per diem, supplies, salary etc….)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

SECTION B – FY 2026

OPTION ITEMS 05-05D

2026 SAFETY TRAINING

instructors to students, but usually 24 students and at least 2 instructors

Hour

05A maximum

05B

Globally Harmonized Systems based

05C

05D

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

*(all rates must be fully loaded and include transportation, per diem, supplies, salary etc….)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTI

TY

22.

UNIT

23.

UNIT PRICE

be cost per student/per hour

Emergency Medical Services – Teach a 40 hour class for Emergency Care Providers to keep them certified

Medical Director Services for EMT’s and signatory Oversight of Safety and Wellness programs (BBP, EPI, First Aid AED’s) for the Deschutes, Ochoco National Forests, and

Prineville BLM

Lump

Sum

Yearly

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

1. FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(3), insert the following clause:

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the 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;

https://www.acquisition.gov/far/part-12#FAR_12_301 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

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

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

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

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

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

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

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

(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 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;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2 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 to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the

Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM TO FAR 52.212-4

2. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov. or www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.232-18 Availability of Funds (APR 1984)

FAR 52.232-25 Prompt Payment (JULY 2017)

FAR 52.233-1 Disputes (MAY 2014)

FAR 52.233-3 Protest After Award (AUG 1996)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.236-6 Superintendence by the Contractor (APR 1984)

FAR 52.242-14 Suspension of Work Order (APR 1984)

FAR 52.242-15 Stop Work Order (AUG 1989)

FAR 52.242-17 Government Delay of Work (APR 1984)

FAR 52.245-1 Government Property (JAN 2017)

FAR 52.246-20 Warranty of Services (MAY 2001) https://www.acquisition.gov/ http://www.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.237-75 Restrictions against Disclosure (FEB 1988)

3. DESCRIPTIONS/STATEMENT OF WORK

The purpose of this contract is to secure a performance-based, fixed-price, single award contract for the period of Winter 2022 – Summer 2026. This contract will be ordered as one base year with 4 option years. The work consists of classroom training of Safety and Health topics at various locations in central and southern Oregon.

The numbers of classes ordered throughout each year will vary depending on the funding received for that year.

The Contractor shall provide an online process for safety registration/cancellations and safety training reports.

The registration process shall provide confirmation through email that an employee has successfully registered for a safety class along with the specifics (class name, date, time and location). The registration process shall capture the employees name, email, work location, supervisor name, phone number and email. Safety training reports shall have the ability to capture all the information created during the registration process as well as the name and the date of the class. Classes will be scheduled by a member of the Central Oregon Safety Wellness and Training Team or a Safety coordinator on the Deschutes/Ochoco/Prineville BLM and with the representative of the Contractor. Most classes will be held in the months of January through the end of July each year, but classes outside that time frame may be needed as well. Most classes will be prescheduled well in advance, but the contractor must be able to provide safety training on short notice (48 hours) when emergency situations demand a quick turnaround. Contractor must be able to provide virtual or online safety training in addition to in person learning when COVID will not allow for in person learning. Also, they must be able to provide hands on training or skills testing to small groups of employees following current COVID protocols.

01-05 First Aid/Delayed Care/CPR/AED - This training course will meet OSHA’s Guidelines for First Aid and will use the American Heart Association curriculum or equivalent. Course work will focus on how to use a systematic approach to evaluate an emergency situation and respond to basic first aid situations prior to the arrival of the Emergency Medical Services (EMS). This training should be accompanied with a performance-based component presented by a certified Emergency Medical Technician (EMT) level First Aid Instructor.

The CPR portion will teach rescuers how to recognize and treat life-threatening emergencies, including cardiac arrest and choking. Students also learn to recognize the warning signs of heart attack and stroke in adults and breathing difficulties in children. CPR training will be designed for the adult learner and emphasizes hands-on skills and scenario practice. Vendor will provide students with their own manikins and reference materials during class to assist in staying current on the valuable lifesaving techniques learned in the class. The AED portion of this course is the proper use of the Automated External Defibrillator (AED). Use of the AED also includes the ABC’s of basic life support: maintaining an open airway, restoring breathing, and restoring circulation, which will also be briefly reviewed in this training. Vendor will be required to cover the local

BLM/FS AED plan in class (plan provided in contract pre-work meeting). Zoll AED’s are currently being used in these offices, so the units provided for use while training should be very similar. Either the American Heart

Association or the American Red Cross standards or equivalent will be met.

01A-05A Preventing Disease Transmissions (Blood-borne Pathogens) - Raise awareness of the risk and prevention of Blood-borne pathogen spread in the workplace. Vendor will be required to cover the local

BLM/FS Preventing Disease Transmission plan in class (plan provided in contract pre-work meeting).

Class will cover the following:

▪ a general explanation of epidemiology and symptoms

▪ modes of transmission

▪ an explanation of the use and limitation of methods that will prevent or reduce the spread of disease

▪ information on the types, proper use, location, removal, handling, decontamination, and disposal of personal protective equipment

▪ provide information on the hepatitis B vaccine, including information on its efficacy, safety, method of administration, the benefits of being vaccinated

▪ an explanation of appropriate actions to take and procedure to follow if an exposure incident occurs

▪ provide information on the post-exposure evaluation and follow-up

01B-05B Hazard Communications/ Hazmat/1st Responder Awareness Training - Globally Harmonized

System based (GHS) - The information presented in this course is based upon and will cover the scope and application of the Hazard Communication Standard (29 CFR 1910.1200). In addition, this course will cover the manufacturer and employer responsibilities, and elements of a hazard communication program. Safety Data

Sheets (SDS) will be explained in detail. The new Global Harmonized System will be introduced and explained. Vendor will be required to cover the local BLM/FS Hazard Communication plan in class (plan provided in contract pre-work meeting). Class will cover the following: names of personnel and alternates responsible for site safety and health, and other hazards present on site, work practices by which the employee can minimize risks from hazards and how to find appropriate Personal Protective Equipment (PPE) for a given chemical (employees should reference their agencies Health and Safety Handbook also)

A portion of this course will provide information about recognizing and reacting to chemical spills or dumps and limiting exposure of self, coworkers, and the public. An understanding of what hazardous substances are and the risks associated. Develop an understanding of the potential outcomes associated with an emergency created when hazardous substances are present. Develop the ability to recognize the presence of hazardous substances in an emergency. Gain an understanding of the employee’s roll of the first responder duties required in the employer’s emergency response plan. Trainees will be provided the U.S. Department of Transportation’s

Emergency Response Guidebook by the Contractor. Trainers will meet qualifications as outlined in 29 CFR

1910.120(e) (5).

01C-05C Bee Sting/Epinephrine Administration Training - This training will teach employees to recognize indicators that bees, wasps, or yellow jackets are present. Training will include equipping employees to administer epinephrine in accordance with the managed Oregon State program. New Oregon regulations require that training be provided by a physician licensed to practice in Oregon; or a nurse practitioner licensed to practice in Oregon; or, a registered nurse, as delegated by a licensed physician or nurse practitioner; or, a paramedic, as delegated by an EMS medical director defined in OAR 333-265. The intent is to meet the training and eligibility requirements of Oregon, local and federal laws so employees may be authorized to carry and administer a Government provided, pre-measured epinephrine solution. This training should be accompanied with a performance-based component provide by a certified EMT level instructor following OAR

333-265. Vendor will be required to cover the local BLM/FS Bee Sting/Epinephrine plan in class (plan provided in contract pre-work meeting).

01D-05D Confined Space Awareness Training - This awareness course needs to cover information about confined spaces, hazardous atmospheres, necessary equipment, and permits. The intent of the course is to teach the student the difference between permit-required confined spaces and non-permit required confined spaces.

This is a non-permit required confined space training session. The student will be able to identify hazards associated with confined spaces, recognize signs and symptoms of overexposure.

06 – Emergency Care Providers– Many Forest Service employees are collateral duty Emergency Care

Providers (ECPs) made up of licensed/certified Emergency Medical Responders (EMR), Emergency Medical

Technicians (EMTs), Advanced Emergency Medical Technicians (AEMTs), and Paramedics (P). Most of these employees work in natural resources. A number of these positions are field going positions and may include:

fire, recreation, range, fisheries, engineering, timber, law enforcement and administration. These Forest Service employees could occasionally provide emergency medical care for public individuals or fellow employees.

This would occur while performing their duties in the field. The work activities might include; wildland fire fighting, timber falling, Law Enforcement, aviation operations and all-terrain vehicle incidents. All of these folks are currently credentialed in Oregon as EMRs, EMTs, AEMTs, or Ps and require physician level medical direction and oversight. The Contractor’s physician and his/her designee(s) must be licensed in the State of

Oregon and will provide 24/7 medical direction and oversight to these Emergency Care Providers (ECPs).

A background interview may be conducted prior to contract performance. The Contractor’s physician must have the following qualifications: Experience in teaching EMS courses or emergency medical presentations. It is preferred that the provider has knowledge of back country, rural and wildland fire medical incidences. The provider shall be 1) Board Certified in Family Medicine with a strong background of experience in Emergency

Medicine. 2) American Board of Emergency Medicine with EMS subspecialty board certified or board eligible. 3) Unrestricted DEA license. The physicians’ credentials shall be provided to the Government during the solicitation phase as a submittal with quote.

Training:

The Contractor’s physician must be trained to understand the dynamics of the Emergency Medical

System (EMS) in a back country and rural areas and the safety aspects of Incident Management. The physician will provide medical oversight and direction of annual training, lectures, practical refreshers, and quality control conducted under his/her direction.

The Contractor’s physician will provide medical consultation via phone or email for medical questions or issues that arise throughout the year.

In addition to, the education and training for non-specialized ECPs, the deliverables will address the specific needs of IMS, and other specialized needs of the Forest Service Wildland Fire and forest units such as for Hotshots, Helitack, Smokejumpers, etc….

For the Incident Management System (IMS) training, it will last one week, and will consist of 40 hours of training to EMT’s and Paramedics within the IMS program.

For specialized training, it will consist of 16-24 hours of training and refresher, granting specific endorsements and covering overall medical direction.

07 - The Medical Director Services shall include -

a) Protocol Review and Approval: The Contractor’s physician will review treatment protocols annually or as necessary.

b) Subject Matter Expert (SME): The Contractor’s physician will provide advice and guidance on emergency medical service issues affecting the Forest Service.

c) Patient Care Report (PCR) Review: The Contractor’s physician will review an adequate sample of

PCR’s to determine quality of documentation for problem assessment/reassessment, treatment and disposition. Based on this review, he/she will provide a written response with recommendations such as a change in documentation or treatment protocol and topics for continuing education.

d) Emergency Medical Direction: The Contractor’s physician or his/her designee will be available via telephone or email to answer questions and provide direction to the EMS providers in the field. The

Contractor’s physician or his/her designee will provide a response within a reasonable time (15 minutes) from initial contact from an ECP engaged in an emergency medical response. If the occasion arises that the contract medical director is not available, the Emergency Care Provider (ECP) shall contact the closest medical facility for direction of the emergency. The Contractor’s physician will also have a designated email address for non-urgent questions from the field. The Contractor’s physician or his/her designee will respond to non-urgent email questions from the field within 48 hours.

e) Tasks Identified:

When available, be involved in face-to-face training for ECP at all levels.

Review and provide recommendations to the EMS plans, policies and protocols, preparing for each season.

On-call medical direction and oversight for ECPs in the field.

Provide continued oversight of credentialing and training of ECPs.

Tasks will be considered complete when the EMS providers that submit their paperwork have received their credentials that identify their Medical Director.

f) Quality Assurance Performance Plan (QAPP): Contractor with the Contractor’s physician involvement will submit quarterly written reports to the COR reporting:

a. Summary of all submitted patient care reports. (PCR.)

b. Summary of issues and concerns with Forest Service emergency care providers covered under this medical direction.

g) Site Visits: When available, the medical director may visit Forest Units and wildland fire incidents and provide direct medical oversite and medical direction.

h) Liability Insurance: The contractor shall have and show proof of liability insurance to cover all aspects of the contract.

4. PROJECT LOCATIONS

The class locations are located primarily at U.S. Forest Service/BLM offices throughout the central Oregon area. The Ochoco National Forest Headquarters in Prineville OR, the Redmond Air Center in Redmond OR, the Sisters Ranger District in Sisters OR, the Bend/Fort Rock Ranger District in Bend OR, the Crescent Ranger

District in Crescent OR, Maupin OR BLM, the Deschutes National Forest Headquarters in Bend, OR and the

Prineville Office of the BLM in Prineville, OR.

The Forest/BLM Safety Committee member will reserve the classroom location at any of the above-mentioned offices. They will assist in classroom set-up with the vendor/instructor.

5. CONTRACTOR FURNISHED SERVICES AND OBLIGATIONS

The Contractor shall provide sufficiently skilled labor that meets the requirements listed in the course descriptions, training materials and syllabuses. The contractors per hour pricing will include mileage/transportation, travel expenses (including lodging and per diem), and miscellaneous operating supplies to perform the work in compliance with this contract. The Contractor shall furnish all the supplies, electronic devices, notebooks, workbooks, projectors, manikins, face shields, Zoll or comparable AED trainer machines, and any other equipment that is needed to present this training in a favorable and safe learning environment.

The Contractor shall be required to submit a course syllabus for each class that they are quoting on/planning to teach. The Contractor shall also provide a resume for every one of the Instructors that they are proposing to offer in the performance of this contract. All instructors must be current EMT certified. The contractor’s instructors assigned to this contract must have a minimum of 2 years of instructional experience and expertise in the subject area they are teaching. Trainers shall have satisfactorily completed a training course for the subjects they are expected to teach or have academic credentials and instruction experience necessary to demonstrate a good command of the subject matter of the course and competent instructional skills. The Government reserves the right to veto any instructor offered by the Contractor, if previous experience with this Instructor has been less than satisfactory or they don’t meet the minimum requirements of this contract.

The Contractor shall provide a contingency plan that will describe the method planned by the Contractor to replace an instructor in the event of an emergency, illness or death. Also, since the Government reserves the right to request that an instructor be replaced due to poor performance (see #6), this plan must address how an instructor will be replaced in this situation. Replacement of instructors shall be within 24 hours at Contractors expense.

The Contractor must return phone calls within 24 hours after being called by a Representative of the Forest

Service/BLM. The Contractor must provide a complete list of the instructors that are assigned to teach in performance of this contract. That list will include the instructors name, office phone, and cell phone. The same information will be required of the owner(s) of the business/contractor. This list will be provided to the

Contracting Officer and will be shared with the Safety Management Services team.

Contractor personnel entering Government facilities shall conform to all safety, security, work conditions, regulations and procedures that may be in effect during the contract period and shall be subject to such checks as may be deemed necessary to assure that no violations occur. All Contractor personnel shall abide by the rules and regulations concerning the maintenance of personal standards for instructor integrity, grooming, conduct and speech. The morale and motivation of student and instructional personnel must be maintained at a high level to ensure a favorable learning environment. To further the morale and motivation of the class – the instructor will turn away any student who is trying to join the class after the first 15 minutes. This is disruptive and disrespectful of the instructor and the whole class. Students must stay for the whole class or will not be given credit for the class or be given their certificates/cards of completion. Each student will be required to sign a roster for each class attended in a day.

The Contractor shall provide a training completion certificate or Certification card for each course. These certificates/cards should be passed out to the class participants before the end of each class day, but no later than the next regularly scheduled work day, no exceptions.

The Contractor shall provide a proper invoice the next business day after a training session is over. Each course will be invoiced separately, not combined, in the case of two or more courses being presented on one day. If the invoices are not presented to the Government immediately after class, the Contractor runs the risk of not getting paid for that invoice. Included with the invoice will be the class roster that corresponds with the training provided on the invoice.

On days when a full day class is scheduled, the instructor will negotiate a time and length for lunch with the class participants. The instructor will release the class for that lunch time and allow students to feed themselves. It is a personal expense to be borne by the students.

6. DEFINITION OF POOR PERFORMANCE OF INSTRUCTORS

The following elements, which comprise examples of poor instructor performance, can ultimately result in the removal of an instructor if these actions remain unabated.

▪ Regularly late for class

▪ There will be a payment reduction for a late instructor. If an instructor is last twice, they will be removed from this contract.

▪ Poorly prepared to teach (which frequently results in the instructor reading overhead transparencies, or notes to the students)

▪ Disorganized, resulting in poor time management, student confusion, and/or jumping from topic to topic and not following the syllabus

▪ Regularly unable to answer students’ questions (most likely due to lack of knowledge, lack of preparation, agenda anxiety, lack of respect of students)

▪ Regularly dismissing class early

▪ Routinely having to re-teach or go over information again and again

▪ Routinely unwilling to re-teach

▪ Routinely having to re-teach more than 10% of the class

▪ Inappropriate language (vulgar, sexist, racist, or language that show disrespect for the students)

▪ Either unwilling or incapable of ascertaining the level of the class’s knowledge and teaching to that level

▪ Routinely unwilling, or incapable of, controlling the discipline of the class

7. GOVERNMENT INSPECTION AND ACCEPTANCE

A Contracting Officer’s Representative (COR) or a Safety Committee Member will attend many of the classes and will conduct quality assurance inspections to determine compliance with contract specifications, performance standards and provisions. They will evaluate the instructor, the content, and the class reception to the material presented in the classroom. The information presented in each class shall be in accordance with all relevant OSHA, Oregon Law, Code of Federal Regulations and Forest Service/BLM Guidance. If any situations occur that requires some course content to be updated, changed, or modified because of new regulation or Federal rules, the Contractor will diligently update the course syllabus to include the changes.

8. DESIGNATION OF CONTRACTING OFFICERS 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.