AMD 0002 - Emergency HAZMAT IDIQ.pdf

(x)

12970222Q0040 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

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

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

x

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC SOUTHWEST

USDA FOREST SERVICE

107881709/12/2022

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/12/2022

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

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

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

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

ORDER NO. IN ITEM 10A.

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

Project Title: Region 5 Emergency HAZMAT Release Response IDIQ

AMD 0002 Description: The purpose of this amendment is to extend the closing date of the solicitation from October 7, 2022, to October 28, 2022, and to clarify the solicitation covers all three (3) of the California Service Areas (Northern, Central, and Southern).

Interested vendors may submit a quote for one (1) or any combination of the three (3) service area(s).

All other terms and conditions remain unchanged.

Delivery Location Code: 91S8

USDA FOREST SERVICE

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

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

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12970222Q0040

PACIFIC SOUTHWEST REGION

1323 CLUB DR

VALLEJO CA 94592-1110 US

0001 Emergency Hazardous Materials Release Response for 18 National Forests in R5. National Forests included in this requisition are broken out into three (3) service areas: Northern, Central, and

Southern California.

Period of Performance: 08/22/2022 to 03/06/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number: 12970222Q0040 AMENDMENT 0002 Region 5 Emergency HAZMAT Release Response IDIQ Page | 3 Pacific Southwest Region Contractor(s) TBD

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

(ii) This solicitation is issued on 09/12/2022 as a Request for Quote (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07.

(iv) This procurement is a total small business set-aside. The NAICS code is 562910 Environmental Remediation Services and the Small Business Size Standard is 750 employees.

(v) Schedule of Items/Price Schedule. See Excel Document in Section D. Offerors shall use the Excel spreadsheet to breakout their wage rate.

(vi) Description of Requirement. See Section B herein and Attachments in Section D.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location will be defined in the Task Order(s) awarded under this IDIQ.

This solicitation covers all three (3) California Service Areas as indicated by Attachment D.1 Acquisition Management Service Area Map and are comprised of the following forests:

Northern California Service Area: Six Rivers, Mendocino, Shasta-Trinity, Klamath, Modoc, and Lassen National Forests.

Central California Service Area: Plumas, Tahoe, Eldorado, Lake Tahoe Basin, Stanislaus, and Inyo National Forests.

Southern California Service Area: Los Padres, Sierra, Sequoia, Angeles, San Bernardino, and Cleveland National Forests.

Interested vendors may submit a quote for one (1) or any combination of three (3) service areas.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section E.1 for the applicable addenda to the provision.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section E.2 of this solicitation for specific evaluation criteria. Paragraph

(a) outlines the addenda of that provision.

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(x) Interested vendors are required to include a completed copy of the Representations and Certifications in response to this solicitation. All offerors should have an ACTIVE registration in SAM.gov. See Section E.1 for further instructions and requirements. If the offeror has completed the FAR representations and can be accessed, the offeror must complete the provision at Attachment D.4 FAR 52.212-3 Offeror Representation and Certifications – Commercial Products and Commercial Services, with the submission.

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) are included in this solicitation and will be included in the resulting contract(s). Addenda to this clause can be found in Section C.

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Service (MAY 2022) (DEVIATION JUL 2020) is included in this solicitation and will be included in the resulting contract(s). Clause can be found in Section C.

(xiii) All requirements and/or terms and conditions necessary for the performance of this work are included herein, which incorporates all sections and attachments identified in Section D of this solicitation.

(xiv) Reserved.

(xv) Quotes in response to this solicitation are requested by FRIDAY, SEPTEMBER 30, 2022

OCTOBER 28, 2022, AT 1800 MOUNTAIN TIME ZONE/1700 PACIFIC TIME

ZONE and should be emailed to Kelly.Ollivant@usda.gov.

(xvi) For information regarding this solicitation, contact Kelly.Ollivant@usda.gov.

mailto:Kelly.Ollivant@usda.gov mailto:Kelly.Ollivant@usda.gov

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SECTION A – SCHEDULE OF ITEMS

A.1 EMERGENCY HAZMAT RELEASE RESPONSE SCENARIOS

Provide a response for each of the three (3) example scenarios described in Attachment D.2 Emergency HAZMAT Release Response Scenarios, which are typical projects anticipated under this IDIQ. For each scenario, describe your response including key personnel and equipment that would be typical for each scenario. Include labor/equipment rates and estimated level of effort for an example of how future task order price may be determined. These scenarios provide location of the hypothetical incident, but responses to the scenario are required for all vendors regardless for which California Service Area(s) you are submitting a quote. The intent of the example scenario is to provide the information that may be included in a Task Order so the vendor can demonstrate their understanding of the services that may be needed and for the Government to evaluate the vendor’s response to the hypothetical incident.

AGAR 452.216-72 Evaluation Quantities – Indefinite Delivery Contract (FEB 1988)

Addenda to 452.216-72: The scenarios provided are examples of the type of information that may be included in future Task Order RFQs to be used to evaluate the Quoter’s understanding of the work (through level of effort) and to determine fair and reasonable pricing for project cost(s).

These scenarios are not real task orders, nor will the quoted price be awarded to any contractor.

A.2 STATEMENT OF ITEMS

2) Completed Statement of Items (Attachment D.3 Section A Cont – SOI – Fillable) – Enter the appropriate rate for each labor category and equipment listed for the Base and four (4) Option Years (separated by worksheet). Due to the nature of this work, each Task Order might require a unique skill mix to accomplish the work. Therefore, Contractors should anticipate that each task order schedule will be unique to the project and may not use all the rates supplied in the parent contract on the orders.

A.3 NOTES TO SCHEDULE

A.3.1 Labor Rates:

All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or GA, profit, and incidental materials costs.

The Davis-Bacon Act applies to all activities that have construction elements within the meaning of the DBA and the implementing regulations of 29 CFR Part 5.

A.3.2 Equipment:

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Major equipment shall be negotiated as required for a specific task order. Customary incidental tools of the trade and equipment shall be included within hourly labor rates.

Prices for items not included in the Schedule of Items but required for a particular project will be negotiated with each task order pricing proposal.

A.3.3 Travel/Per Diem:

Reimbursement for travel and per diem costs shall be IAW FAR 31.205-46 and limited to rates established in the Federal Travel Regulations for localities where work is performed, and all costs shall be included in the task order pricing proposal.

A.3.4 Materials:

Materials (other than incidentals) shall be negotiated as required for a specific task order and shall be included in the task order pricing proposal. Any analytical services and subcontracted services shall be included in the task order pricing proposal.

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SECTION B – STATEMENT OF WORK

B.1 INTRODUCTION

The United States Forest Service (USFS) is in need of professional services to provide emergency Hazardous Material (HAZMAT) release response and clean-up on National Forest System Lands located in Region 5. Services performed under this requirement may be subject to regulatory review and approval by Federal, state, and local regulatory agencies (i.e. the Environmental Protection Agency [EPA], the Regional Water Quality Control Board, etc.)

Depending on the complexity of a project, intermediate reviews may be required by the Government. The Contractor shall prepare any necessary responses for the Government to comments generated by these regulatory agency reviews, provide any additional information requested, and modify the final document(s) as needed.

All projects will be negotiated and awarded as a Task Order under the Indefinite Delivery Indefinite Quantity (IDIQ) contract. The Contractor must provide all appropriate labor, equipment, materials, supervision, and transportation needed to investigate, assess, or classify the site(s), and prepare the requested documents required by the individual Task Order.

The Contractor will consult with and provide technical data and advice to USFS officials and staff; and will be expected to attend, report, and advise at meetings and conferenced with regulators and other parties, and analyze any other data pertinent to the projects when required.

B.1.1 Project Location:

Projects may be located anywhere throughout the USFS Pacific Southwest Region 5, which includes 18 National Forests located primarily in California with some small acreage along the California/Nevada border and the California/Oregon border. Some work may encompass private land adjacent to these National Forest lands.

Emergency HAZMAT Response Services are broken into three (3) California Service Areas as indicated by Attachment D.1 Acquisition Management Service Area Map and are comprised of the following forests:

Northern California Service Area: Six Rivers, Mendocino, Shasta-Trinity, Klamath, Modoc, and Lassen National Forests.

Central California Service Area: Plumas, Tahoe, Eldorado, Lake Tahoe Basin, Stanislaus, and Inyo National Forests.

Southern California Service Area: Los Padres, Sierra, Sequoia, Angeles, San Bernardino, and Cleveland National Forests.

Interested vendors may submit a quote for one (1) or any combination of the three (3) service areas.

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B.2 GENERAL CONTRACT REQUIREMENTS

B.2.1 Quality Assurance and Quality Control:

The Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) is applied to sampling and analytical activities. QA/QC procedures and results must be documented and incorporated into all work activities and must be made available to the Government upon request.

B.2.2 Compliance with Regulations:

The Contractor shall comply with all applicable Federal, state, interstate, and local laws, environmental regulations, and requirements. This includes compliance with the National Contingency Plan (NCP), the Resource Conservation and Recovery Act (RCRA), and the California Health and Safety Code; California Code of Regulations, Title 22, Division 4.5. The duty of the Contractor to comply with all current applicable laws, regulations, and requirements takes precedence over any other duty or task described herein. Therefore, if subsequent legislation or regulation changes conflict with prescribed procedures contained in this contract, said changes shall take precedence. Where changes to law, regulation, or requirement necessitate a change order to the contract, the parties agree to negotiate an equitable adjustment for it upon written notice from the Contractor. Unless said notice is received within 30 calendar days of the effective date of the amendment to the statute or regulation, said regulation shall be deemed to be a no-cost charge.

It is the responsibility of the Contractor to contact the appropriate regulation agency(s) to determine their requirements for each individual project Task Order. The Government will be responsible for submitting and/or uploading reports to regulatory agency(s) unless other arrangements are approved by the Task Order Contracting Officer Representative (COR). It is the Contractor’s responsibility to find out which guidance materials are current and applicable from the appropriate regulatory agency(s).

The Contractor shall, without additional expense to the USFS, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, state, and local laws, codes, and regulations in connection with the execution of work performed under this contract. This includes ensuring project related hazardous and/or toxic wastes are sent to licensed, permitted, and Government approved disposal sites. The USFS will supply, as necessary, the required temporary EPA Identification Number for site clean-up activities.

All work, including the handling of HAZMAT or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910 and 29 CFR 1926. Work involving the disturbance or dismantling of asbestos or asbestos containing materials; the demolition of structures containing asbestos; and/or the disposal and removal of asbestos, shall also comply with the requirements of 40 CFR 61. All work shall comply with applicable state and local safety and health requirements. Whereas there is a conflict between applicable regulations, the most stringent shall apply.

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B.2.3 Health and Safety Requirements:

The Contractor shall ensure that its agents, employees, and subcontractors perform in a prudent, conscientious, safe, and professional manner in accordance with (IAW) applicable Federal, state, and local safety and health laws, regulations, and procedures. The Contractor shall ensure that all personnel involved in conducting emergency response and site clean-up activities are medically qualified and properly trained in the level of expertise required for the proper performance of the work activities and are provided fitted personnel protective equipment (PPE) as appropriate (at a minimum, IAW 29 CFR 1910.120 et seq.) Nothing in this section shall be construed to reduce or modify the duties and responsibilities of the Contractor toward its employees.

The Contractor shall take such additional immediate precautions as directed by the Contracting Officer or designated Contracting Officer Representative may reasonably require for mitigation of project health and safety hazards. For example, this may include modification or cessation of field activities for wildfire prevention purposes.

B.2.3.1 Master Health and Safety Plan

The Contractor shall submit a Master Health and Safety Plan within 30 calendar days after contract award. The Health and Safety Plan shall address contingencies available to address the possibility of performing removal operations involving hazardous chemicals (ie. PCB, Xylene, Toluene, Benzene, etc.) The plan shall also address air emission reduction methods (ie. Foaming) on-site air emission levels and contingency actions (ie. Protective equipment, work shutdowns, etc.) and spill plans. The Health and Safety Plan must be provided to all Contractor personnel prior to initiating field operations.

The Health and Safety Plan will describe procedures for establishing the appropriate levels of protection (ie. A, B, C, D).

B.3 EMERGENCY RESPONSE TO HAZARDOUS MATERIAL RELEASE

The Contractor will be requested to provide emergency response services on National Forest System Lands through Task Orders awarded when the Government determines emergency services are required. This can include but is not limited to emergency response to HAZMAT spills or releases, clandestine drug labs (marijuana cultivation site response is addressed under a different contract vehicle), and the discovery of abandoned or illegally disposed of hazardous materials.

It is the intent of the Government to have emergency response services available that can respond to incidents at most locations throughout each of the California Service Areas within two to eight (2-8) hours after receiving notification from the USFS.

B.3.1 General Work Plan:

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The Contractor shall submit a General Work Plan. The General Work Plan shall include the Contractor’s standard operating protocols and procedures for responding to hazardous material and waste spills and releases, including but not limited to:

a. Spill containment;

b. Field sampling and analysis and waste characterization;

c. Waste management and disposal; and

d. Proposed organizational structure.

Depending on the emergency nature of the release, Task Orders under this contract may initially be issued on a time and materials basis with a “not to exceed” Task Order threshold or cap. The intent of which is to for the response Contractor to implement immediate hazardous materials release response and containment efforts upon arriving at a response site. Under these situations, the Contractor providing this service under this activity shall operate under the previously submitted General Work Plan to provide initial site response and stabilization efforts. A site-specific work plan and cost estimate will be required to be submitted within seven (7) days of initial site mobilization. Under no circumstances is a Contractor to exceed the “not to exceed” task order threshold/cap without Forest Service contracting officer approval.

B.3.2 Material/Waste Management on National Forest Lands:

The Contractor shall ensure that all materials and wastes generated during the activities of this contract are managed in compliance with regulations as stated in the General Contract Requirements above. This includes ensuring that all excavated contaminated soils are immediately placed into appropriate containers upon excavation and not stored directly on the ground. In those instances where contaminated soil stockpiling is necessary, soils shall be placed on a liner for containment purposes.

The Contractor shall ensure that all containers of hazardous site characterization and remediation wastes generated under the activities of this contract are removed from National Forest Lands within the applicable regulatory timeframes.

The Contractor shall provide notification to the USFS of all hazardous materials brought onto National Forest lands as part of accomplishing the tasks under this contract. The Contractor’s personnel and equipment are subject to safety inspections by the Government while on Federal property.

B.3.3 Transporters:

For all hazardous wastes transported under this contract, the Contractor shall present at time of Task Order award, all applicable state waste hauler licenses, and hauler numbers. Only California licensed transporters shall be used to haul hazardous wastes under this contract. The Contractor shall also provide and affix appropriate placards to each vehicle prior to leaving USFS premises and ensure that all EPA, Department of Transportation, and state transporter requirements are met.

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The Contractor and the Contractor’s subcontractor shall comply with all requirements of 49 CFR 100-199, regarding waste transportation under this contract. Complete compliance with these regulations should include, but not be limited to ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers shall contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day in order to provide immediate, detailed, emergency information to personnel reacting to emergencies.

Technical names shall be included in the descriptions of materials reflected on shipping papers by “not otherwise specified” (n.o.s.) descriptions.

B.3.4 Off-Site Recycling and Treatment/Storage/Disposal Facilities:

The Contractor shall identify each recycling and/or Treatment/Storage/Disposal (TSD) facility, which may receive hazardous materials/waste under this contract. Each TSD facility must have, as a minimum, EPA RCRA permitted or state approval as a TSD facility and is in good standing with the regulatory community. The Contractor shall not use a facility other than those initially accepted by the Government in the award process. The USFS on a case-by-case basis accept additional TSD facilities.

To reduce the USFS’ future liability for the wastes it generates, ALL wastes and contaminated media managed under this contract shall be sent to those TSD facilities that are in compliance with EPA’s “Off-Site Rule” (40 CFR 300.400 on the U.S. EPA’s “Off-Site Rule” list.) The Contractor shall provide confirmation that the proposed off-site facility is Off-Site Rule compliant prior to the initiation of any shipment.

B.4 SPECIAL CONTRACT REQUIREMENTS

B.4.1 Laboratory Qualifications and Requirements:

The Contractor may be required to use laboratory facilities for analysis of unknown chemicals/materials and potentially contaminated soil, groundwater, of surface water. The analytical laboratory chosen by the Contractor to perform analysis shall be a State of California Certified Laboratory for those projects occurring within the State of California; or a State of Nevada Certified Laboratory for those projects occurring within the State of Nevada. All laboratories utilized under this contract shall have the appropriate state certifications required to perform the required analytical method at the time the tests are conducted.

The Contractor shall assume financial responsibility for re-sampling if data is unusable because of identified problems with sampling techniques, handling, or shipping problems, sampling requirements (such as insufficient sample material collected, inappropriate sample preservation, inappropriate sample locations, etc.) as well as laboratory error or laboratory cross-contamination.

B.4.2 Contractor Caused Spills and Releases:

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The Contractor is solely responsible for all spills and/or leaks and subsequent clean-ups that may be required during the performance of Task Orders which occur because of or are contributed to by the actions of its agents, employees, and/or subcontractors. The Contractor shall clean-up such spills or leaks to the satisfaction of the USFS and in a manner that complies with regulations stated above. The clean-up shall be at no cost to the Government. The USFS’s EPA/State Identification Number(s) cannot be used for Contractor-caused spills and/or releases.

The Contractor shall provide spill response materials including, but not limited to containers, shovels, and PPE. Spill response materials shall always be available in which hazardous materials and waste are being handled or transported. Spill response materials shall be compatible with the type of material being handled or transported.

The Contractor shall report all such spills and/or leaks, regardless of their quantity, to the USFS immediately upon discovery. A written follow-up report shall be submitted to the USFS no later than 24 hours after the initial report. The written report shall be in narrative form and as a minimum include the following:

a. Description of the item(s) spilled (including identity, quantity, manifest number, etc.)

b. Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

c. Exact time and location of spill including a description of the area involved.

d. Containment procedures initiated.

e. Summary of any communications the Contractor has with press, Federal, state, and local regulatory agency(s) and officials, or USFS officials.

Upon completion of the clean-up activities for Contractor-caused spills and releases, the Contractor shall submit a final clean-up certification report to the USFS. The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related clean-up and closure documentation and correspondence from the regulatory agency(s).

B.5 TASK ORDER ISSUANCE

B.5.1 Request/Description of Work:

Depending on the nature and urgency of the hazardous material(s) spill and release, the Government may issue oral or written Request for Quotations (RFQ) for Task Orders. The RFQ will include an outline of the scope of the project, the project location, the expected results of the completed project, report(s) and/or deliverable(s) required, and additional pertinent information (if possible), including, but not limited to any Government-furnished property, maps, aerial photographs, and project files when available and applicable.

B.5.2 Selection Criteria for Awarding Task Orders:

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The Government will evaluate Task Order quotes (either verbal or written) based on the Contractors’ ability to perform the work in the time required and price. Additional information for technical approach, quality control plan, and a safety plan not previously submitted may be requested and evaluated prior to awarding Task Orders. The Task Order will be awarded to the Contractor whose technical and cost is most advantageous to the Government. Single or multiple awards may be made for individual task orders, as specified on the Task Order RFQs.

B.5.3 Fair Opportunity to be Considered:

The Contracting Officer will provide each Contractor in the California Service Area of the project location a fair opportunity to be considered for each Task Order in excess of $20,000.00 unless one (1) of the exceptions at FAR 16.505(b) applies.

B.5.4 Task Order Process:

All Task Orders must be awarded by a warranted USFS Contracting Officer. When services are required, a Statement of Work (scope of project and all attachments) will be sent to all Contractors in the California Service Area with specific instructions for the submission of quotes and response due date.

Contractors will generally be given five (5) working days to prepare and submit responses;

however, more or less time may be necessary based on the requirements. If a Contractor is unable to perform a requirement, they should submit a “No Quote” to the Task Order Request for Quote.

B.5.5 Task Order Issuance:

All Task Orders will be issued on a Firm-Fixed-Price (FFP) basis. Task Orders may be initially issued verbally or electronically; however, all Task Orders will be finalized with a signed SF- 1449 issued by the USFS. A Notice to Proceed may be issued verbally (if necessary) or in writing upon award of the Task Order.

B.5.6 Designation of Contracting Officer’s Representative:

The Task Order Contracting Officer will designate a Task Order Contracting Officer’s Representative (COR) through a COR Designation Letter that will outline the COR’s duties, responsibilities, and authorities. The COR is responsible for monitoring Contractor performance of services, schedules, and invoicing. The COR will never be designated the authority to make substantial changes to the contract nor Task Order; therefore, any changes to the Task Order whether verbal or in writing are not binding on the Government nor the Contractor until a written modification is signed and executed by the Task Order Contracting Officer.

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The COR must be notified as soon as possible of any actions or inactions by either the Government or the Contractor that may change the required completion time stated in the Task Order or any other substantial change to the Task Order requirements. The COR will work with the Contracting Officer to modify the Task Order accordingly. In the event the COR cannot be contacted, is unavailable, or otherwise unengaged the Contractor must contact the Contracting Officer or Contract Specialist prior to proceeding with work outside of Task Order requirements.

Work completed outside of Task Order requirements may result in non-payment or cancellation of Task Order.

B.5.7 Approval of Subcontracting:

The Contractor shall notify the Task Order Contracting Officer of any subcontract arrangement that will be utilized in the performance of Task Order services prior to award of Task Order. The notification must include:

a. Name, address, and telephone number of the subcontractor.

b. Date upon which agreement was entered into and its duration.

c. Detailed description of the work being performed by subcontractor, including listing of contract items, and assurance that subcontractor is experienced and equipped to perform work.

d. Documentation of the subcontractor’s representative authority.

B.5.8 Fire Plans:

Fire Plans for Construction and Service Contracts (06-14-06) will be provided to the Contractor as part of each Task Order RFQ. The Contractor is required to complete and return the Fire Plan to the Task Order Contracting Officer prior to receiving a Notice to Proceed with services.

B.5.9 Service Contract Labor Standards Wage Determination:

The applicable Department of Labor Wage Determination will be incorporated in each Task Order IAW the location of Task Order requirement.

B.5.10 Task Order Final Report:

Upon completion of a project Task Order under this contract, the Contractor shall prepare and submit to the USFS a Final Report. The Final Report shall include:

a. Detailed description and documentation of the site-specific operations performed, including, but not limited to hazardous material identification, sampling, and analytical data, and hazardous materials and contaminated media (soil, water, etc.)

volumes and quantities.

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b. Final disposition of the hazardous material(s) and waste(s) (method of reuse, recycling, or treatment/disposal.) Including facility name, address, and identification number.

c. Method of packaging of hazardous material(s) and/or waste(s) for transportation and disposal. This includes the method of transport and name, address, and EPA Identification Number of all transporters.

d. Itemized costs for handling, transport, and disposal. Cost documentation shall be of sufficient detail to allow for potential cost recovery against the responsible party.

e. Copies of all signed manifests, land disposal restriction forms, waste profile sheets, laboratory test results, and any other supporting documentation pertaining to the specific Task Order.

B.6 ON/OFF RAMP OF CONTRACTORS

B.6.1 On Ramp:

The Government reserves the right to utilize an “On Ramp” concept to manage and maintain a sufficient number of contract awardees. Consistent with FAR 16.504(c)(1)(ii)(A), the Government has determined that at all times during the term of the Region 5 Emergency HAZMAT Release Response contract, there remain an adequate number of Contractors eligible to compete for task orders. Over time, the total number of Contractors may fluctuate due to various reasons including industry consolidation, significant changes in the marketplace, general economic conditions, or other reasons. Recognizing this, USFS intends to periodically review the total number of Contractors in each California Service Area participating in the task ordering process, and determine whether it would be in the Government’s best interest to initiate an open season to add new Contractors to the Region 5 Emergency HAZMAT Release Response IDIQ awardee list. The review by USFS may include an assessment of the market and new innovations available. This is a discretionary, unilateral authority of the Government, and may be used at any time during the IDIQ performance period. Any new contracts will contain terms and conditions identical to those in this contract. It is anticipated that the On Ramp of new Contractors will be done through a competitive process.

B.6.2 Off Ramp:

If at any point during the period of performance a Contractor decides that it no longer wishes to participate in the IDIQ contract, then the Contractor may submit the request to the IDIQ Contracting Officer requesting termination of their contract. If the Contracting Officer accepts the Contractor’s request, the Contracting Officer will “ramp off” the Contractor using FAR 49.109-4 No-Cost Settlement. This provision is independent of any other action permitted under the contract terms and conditions. If a “ramped off” Contractor is currently under contract to perform under any task order, the Contractor will be required to continue to perform under the terms of the specific task order.

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While there is no mandatory requirement for a contractor to submit a quote for each Task Order RFQ, failure to respond to three (3) consecutive orders (including failure to submit a “No Quote”) may result in the Contracting Officer terminating the contract.

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SECTION C – CONTRACT CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

FAR and AGAR Clauses:

Description & Date:

52.203-3 Gratuities (APR 1984)

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

52.204-13 System for Award Management Maintenance (OCT 2018) 52.212-4* Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021) (DEVIATION 2017-1)

52.212-5** Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020)

52.216-18** Ordering (AUG 2020) 52.216-19** Order Limitations (OCT 1995) 52.216-22** Indefinite Quantity (OCT 1995) 52.216-32** Task-Order and Delivery-Order Ombudsman (SEP 2019) 52.217-8** Option to Extend Services (NOV 1999) 52.217-9** Option to Extend the Term of the Contract (MAR 2000) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

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52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 452.204-70** Modification for Contract Closeout (DEVIATION JUL 2022) 452.211-74** Period of Performance (FEB 1988) 452.228-71** Insurance Coverage (NOV 1996)

*Addenda text available below this table **Full text available below this table

Addenda to 52.212-4 (G) INVOICES:

Add the following:

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System.

“Payment request” means any request for contractual or invoice payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the requirements identified in clause 52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021). The IPP website address is: https://www.ipp.gov.

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist at Kelly.ollivant@usda.gov once the invoice has been submitted to IPP. Failure to e-mail the invoice may cause a significant delay or possible rejection of payment request. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment per the following website: Vendor Enrollment- Invoice Processing Platform (ipp.gov). Vendor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Vendor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Vendor shall submit a written waiver request to the Contracting Officer with its quote.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2022)(DEVIATION 2017- 1, DEVIATION APR 2020, and DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further https://www.ipp.gov/ mailto:Kelly.ollivant@usda.gov https://www.ipp.gov/vendors/enrollment-vendors https://www.ipp.gov/vendors/enrollment-vendors mailto:ippcustomersupport@fiscal.treasury.gov

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Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☒ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (14) [Reserved]

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☒ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☒ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☒ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☒ (20) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

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☒ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☒ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☒ (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☒ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☒ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (49) 52.225-1, Buy American-Supplies…