1b. Intermountain STWD BPA Solicitation.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 N/A 57

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

12363N23Q4028 February 24, 2023

7. FOR SOLICITATION INFORMATION,

CONTACT:

EMAIL PREFERRED

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE-(LOCAL TIME)

Mark T. Phillipp mark.phillipp@usda.gov (541) 410-1187 April 26, 2023 5:00 p.m.PT

9. ISSUED BY CODE 363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE % FOR:

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

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMAN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB HUBZONE SMALL BUSINESS NAICS: 115310

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS 8(A)

SIZE STANDARD: $34 M

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 84M8 16. ADMINISTERED BY CODE 363N

USDA Forest Service Intermountain Region 4 ID, NV, UT & WY

National Forest/Ranger District As Indicated on Each BPA Call

USDA Forest Service Procurement & Property Services National Stewardship Contracting Branch As Indicated on Each BPA Call

17A. CONTRACTOR/OFFEROR CODE N/A FACILITY

CODE N/A 18a. PAYMENT WILL BE MADE BY CODE 363N

ADDRESS:

PHONE:

EMAIL:

*Invoice Processing Platform (IPP):

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

*All Invoices for Timber Receipts must be submitted to the Forest COR via email As Indicated on Each BPA Call

SAM UEI #:

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

BELOW IS CHECKED

SEE ADDENDUM

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

ITEM

N0.

SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

INTERMOUNTAIN STEWARDSHIP BPA

MULTIPLE NATIONAL FORESTS IN REGION 4 ID, NV, UT, & WY

ID: BOISE, PAYETTE, SALMON-CHALLIS, SAWTOOTH & CARIBOU-TARGHEE

NV: HUMBOLDT-TOIYABE

UT: ASHLEY, DIXIE, FISHLAKE, MANTI-LASAL, UNITA-WASATCH-CACHE

WY: BRIDGER-TETON

Awards under this solicitation will be made through issuance of multiple Blanket Purchase Agreements.

PERIOD OF PERFORMANCE: 10 YEARS FROM DATE OF AWARD

See attached Schedule of Items on Pages 3-7 for each National Forest

25. ACCOUNTING AND APPROPRIATION DATA

N/A

26. TOTAL AWARD AMOUNT (For Govt. Use Only) N/A

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

1 Copy via EMAIL to Mark.Phillipp@usda.gov and Matthew.Daigle@usda.gov.

29. AWARD OF CONTRACT: REF.________________________________

OFFER DATED__________________

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

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

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

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

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

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 mailto:mark.phillipp@usda.gov http://www.ipp.gov/ mailto:Mark.Phillipp@usda.gov mailto:Matthew.Daigle@usda.gov

INTERMOUNTAIN STEWARDSHIP BPA SOLICITATION 12363N23Q4028

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 2 OF 75

Instructions and Work Description for Pay Items/Work Activities:

Please respond fully to the solicitation requirements (e.g., commercial pricing proposal, certifications and representations, and technical proposal criteria). All pay items for a given National Forest or group of National Forests, as identified in the Standard Form (SF) 1449, must be priced in order to be considered for award for that Forest(s) - for example: Items 2-12, 15-25, 30-40, 45-55, etc. Only provide pricing for those National Forests with which you are interested in doing business. Proposals with incomplete pricing by forest will be considered non-responsive and will not qualify for award.

The rates provided in each proposal will be used for award evaluation purposes only for this parent Blanket Purchase Agreement (BPA) and not be subject to future call orders as market conditions and project specific requirements will change. Vendors are cautioned that awards of a BPA are based, in part, on the pricing proposed herein, and subsequent quotes for specific BPA call orders must be representative and reflective of those rates, or they may be removed from the vendor pool for that Forest. Call orders will be made for services that do not include the removal of commercial products; therefore, vendors are encouraged to provide price and technical proposals for the National Forests with which they are interested in performing business for all other types of stewardship activities, hazardous fuels, and restoration work.

The Schedule of Items is reflective of the most common Stewardship type activities that will be included in call orders. The Schedule of Items is not all-inclusive and any forest restoration-based activity for End-Result Stewardship Contracting may be included in individual Call orders.

This BPA will allow for future call orders that include:

1) Integrated Resource Service Contract (IRSC) with required timber product removal.

2) IRSCs with optional Timber Subject to Agreement to be removed when there is no required timber product removal.

3) Restoration-based service contracts with no timber product removal.

See Appendix A for work item specifications to assist with pricing. Appendix A provides descriptions for all work items listed in the Schedule of Items. Please note that these are descriptions only of representative treatment types and are not actual treatment areas on the ground. Those specific, on-the-ground activities will be issued in future call orders with project specific descriptions and units on the ground available for viewing.

Appendix B provides timber removal specifications for included timber. Therefore, this appendix will only be included when there is required product removal or the potential for removal through Timber Subject to Agreement (TSA), in future call orders. Two appendix Bs are included in this solicitation package to demonstrate the common clauses associated with each type of sale - Tree Measurement and Scaled. This is not an all-inclusive list of clauses but rather the most common clauses utilized for that sale type. Clauses will be more in depth and project-specific in the individual future call orders.

Appendix C contains road maintenance specifications to assist in pricing for pre/during/post haul road maintenance. Road reconstruction and construction are within scope of this project; however, pricing is not required. Individual call orders will address this type of work, if included.

See section 55 of this solicitation for instructions on the submission of technical proposals in addition to the proposal requirements. Technical proposals must include responses to: Key Personnel; Past Performance; Equipment; and Benefit to Local.

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 3 OF 75

SCHEDULE OF ITEMS: IDAHO

ALL STEWARDSHIP ACTIVITIES FOR EACH NATIONAL FOREST SECTION OF INTEREST

MUST BE PRICED IN ORDER FOR A CONTRACTOR TO BE CONSIDERED FOR AWARD.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Commercial Harvest and Removal of Included Timber – All Forests 300 AC

BOISE NATIONAL FOREST

2 Cut, Skid, and Remove Non-sawtimber 300 AC 3 Cut, Skid and Deck Non-sawtimber 300 AC 4 Cut, Skid and Remove Biomass 200 AC 5 Masticate/Chip Non-included Material 200 AC 6 Mechanical Cutting and Piling Non-included Material 200 AC 7 Mechanical Cutting and Lopping Non-included Material 200 AC 8 Hand Cutting and Piling Non-included Material 200 AC 9 Hand Cutting and Lopping Non-included Material 200 AC

10 Removal of Piled Material 200 AC 11 Road Maintenance (Pre, During, Post) 10 MI 12 Road (Re)Construction per Call Order Specifications NA MI

ITEM NO. PAYETTE NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

15 Cut, Skid, and Remove Non-sawtimber 300 AC 16 Cut, Skid and Deck Non-sawtimber 300 AC 17 Cut, Skid and Remove Biomass 200 AC 18 Masticate/Chip Non-included Material 200 AC 19 Mechanical Cutting and Piling Non-included Material 200 AC 20 Mechanical Cutting and Lopping Non-included Material 200 AC 21 Hand Cutting and Piling Non-included Material 200 AC 22 Hand Cutting and Lopping Non-included Material 200 AC 23 Removal of Piled Material 200 AC 24 Road Maintenance (Pre, During, Post) 10 MI 25 Road (Re)Construction per Call Order Specifications NA MI

ITEM NO. SALMON-CHALLIS NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

30 Cut, Skid, and Remove Non-sawtimber 300 AC 31 Cut, Skid and Deck Non-sawtimber 300 AC 32 Cut, Skid and Remove Biomass 200 AC 33 Masticate/Chip Non-included Material 200 AC 34 Mechanical Cutting and Piling Non-included Material 200 AC 35 Mechanical Cutting and Lopping Non-included Material 200 AC 36 Hand Cutting and Piling Non-included Material 200 AC 37 Hand Cutting and Lopping Non-included Material 200 AC 38 Removal of Piled Material 200 AC 39 Road Maintenance (Pre, During, Post) 10 MI 40 Road (Re)Construction per Call Order Specifications NA MI

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 4 OF 75

ITEM NO. SAWTOOTH NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

45 Cut, Skid, and Remove Non-sawtimber 300 AC 46 Cut, Skid and Deck Non-sawtimber 300 AC 47 Cut, Skid and Remove Biomass 200 AC 48 Masticate/Chip Non-included Material 200 AC 49 Mechanical Cutting and Piling Non-included Material 200 AC 50 Mechanical Cutting and Lopping Non-included Material 200 AC 51 Hand Cutting and Piling Non-included Material 200 AC 52 Hand Cutting and Lopping Non-included Material 200 AC 53 Removal of Piled Material 200 AC 54 Road Maintenance (Pre, During, Post) 10 MI 55 Road (Re)Construction per Call Order Specifications NA MI

ITEM NO. CARIBOU-TARGHEE NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

60 Cut, Skid, and Remove Non-sawtimber 300 AC 61 Cut, Skid and Deck Non-sawtimber 300 AC 62 Cut, Skid and Remove Biomass 200 AC 63 Masticate/Chip Non-included Material 200 AC 64 Mechanical Cutting and Piling Non-included Material 200 AC 65 Mechanical Cutting and Lopping Non-included Material 200 AC 66 Hand Cutting and Piling Non-included Material 200 AC 67 Hand Cutting and Lopping Non-included Material 200 AC 68 Removal of Piled Material 200 AC 69 Road Maintenance (Pre, During, Post) 10 MI 70 Road (Re)Construction per Call Order Specifications NA MI

SCHEDULE OF ITEMS: NEVADA

ITEM NO. HUMBOLDY-TOIYABE NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

75 Cut, Skid, and Remove Non-sawtimber 300 AC 76 Cut, Skid and Deck Non-sawtimber 300 AC 77 Cut, Skid and Remove Biomass 200 AC 78 Masticate/Chip Non-included Material 200 AC 79 Mechanical Cutting and Piling Non-included Material 200 AC 80 Mechanical Cutting and Lopping Non-included Material 200 AC 81 Hand Cutting and Piling Non-included Material 200 AC 82 Hand Cutting and Lopping Non-included Material 200 AC 83 Removal of Piled Material 200 AC 84 Road Maintenance (Pre, During, Post) 10 MI 85 Road (Re)Construction per Call Order Specifications NA MI

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 5 OF 75

SCHEDULE OF ITEMS: UTAH

ITEM NO. ASHLEY NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

90 Cut, Skid, and Remove Non-sawtimber 300 AC 91 Cut, Skid and Deck Non-sawtimber 300 AC 92 Cut, Skid and Remove Biomass 200 AC 93 Masticate/Chip Non-included Material 200 AC

Mechanical Cutting and Piling Non-included Material 200 AC

Mechanical Cutting and Lopping Non-included Material 200 AC

96 Hand Cutting and Piling Non-included Material 200 AC

97 Hand Cutting and Lopping Non-included Material 200 AC

98 Removal of Piled Material 200 AC

99 Road Maintenance (Pre, During, Post) 10 MI

100 Road (Re)Construction per Call Order Specifications NA MI

ITEM NO. DIXIE NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

105 Cut, Skid, and Remove Non-sawtimber 300 AC

106 Cut, Skid and Deck Non-sawtimber 300 AC

107 Cut, Skid and Remove Biomass 200 AC

108 Masticate/Chip Non-included Material 200 AC

Mechanical Cutting and Piling Non-included Material 200 AC

Mechanical Cutting and Lopping Non-included Material 200 AC

111 Hand Cutting and Piling Non-included Material 200 AC

112 Hand Cutting and Lopping Non-included Material 200 AC

113 Removal of Piled Material 200 AC

114 Road Maintenance (Pre, During, Post) 10 MI

115 Road (Re)Construction per Call Order Specifications NA MI

ITEM NO. FISHLAKE NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

120 Cut, Skid, and Remove Non-sawtimber 300 AC

121 Cut, Skid and Deck Non-sawtimber 300 AC

122 Cut, Skid and Remove Biomass 200 AC

123 Masticate/Chip Non-included Material 200 AC

Mechanical Cutting and Piling Non-included Material 200 AC

Mechanical Cutting and Lopping Non-included Material 200 AC

126 Hand Cutting and Piling Non-included Material 200 AC

127 Hand Cutting and Lopping Non-included Material 200 AC

128 Removal of Piled Material 200 AC

129 Road Maintenance (Pre, During, Post) 10 MI

130 Road (Re)Construction per Call Order Specifications NA MI

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 6 OF 75

ITEM NO. MANTI-LASAL NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

135 Cut, Skid, and Remove Non-sawtimber 300 AC

136 Cut, Skid and Deck Non-sawtimber 300 AC

137 Cut, Skid and Remove Biomass 200 AC

138 Masticate/Chip Non-included Material 200 AC

139 Mechanical Cutting and Piling Non-included Material 200 AC

Mechanical Cutting and Lopping Non-included Material 200 AC

141 Hand Cutting and Piling Non-included Material 200 AC

142 Hand Cutting and Lopping Non-included Material 200 AC

143 Removal of Piled Material 200 AC

144 Road Maintenance (Pre, During, Post) 10 MI

145 Road (Re)Construction per Call Order Specifications NA MI

ITEM NO.

UNITA-WASATCH-CACHE NATIONAL

FOREST QUANTITY UNIT UNIT PRICE AMOUNT

150 Cut, Skid, and Remove Non-sawtimber 300 AC

151 Cut, Skid and Deck Non-sawtimber 300 AC

152 Cut, Skid and Remove Biomass 200 AC

153 Masticate/Chip Non-included Material 200 AC

154 Mechanical Cutting and Piling Non-included Material 200 AC

Mechanical Cutting and Lopping Non-included Material 200 AC

156 Hand Cutting and Piling Non-included Material 200 AC

157 Hand Cutting and Lopping Non-included Material 200 AC

158 Removal of Piled Material 200 AC

159 Road Maintenance (Pre, During, Post) 10 MI

160 Road (Re)Construction per Call Order Specifications NA MI

SCHEDULE OF ITEMS: WYOMING

ITEM NO. CARIBOU-TARGHEE NATIONAL FOREST QUANTITY UNIT UNIT PRICE AMOUNT

165 Cut, Skid, and Remove Non-sawtimber 300 AC

166 Cut, Skid and Deck Non-sawtimber 300 AC

167 Cut, Skid and Remove Biomass 200 AC

168 Masticate/Chip Non-included Material 200 AC

169 Mechanical Cutting and Piling Non-included Material 200 AC

Mechanical Cutting and Lopping Non-included Material 200 AC

171 Hand Cutting and Piling Non-included Material 200 AC

172 Hand Cutting and Lopping Non-included Material 200 AC

173 Removal of Piled Material 200 AC

174 Road Maintenance (Pre, During, Post) 10 MI

175 Road (Re)Construction per Call Order Specifications NA MI

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 7 OF 75

For the purposes of pricing Items 2 through 175 above, consider no timber product value being traded.

HOWEVER, under BPA call orderss for Stewardship activities, timber product value will be used to off-set service costs, when included.

See Appendix A for service work specifications, Appendix B for timber specifications, and Appendix C for road maintenance specifications to assist in pricing.

**This BPA will issue future call orders that will either be (1) IRSCs with required timber product removal, (2) IRSCs with all timber product removal as Timber Subject to Agreement OR (3) Service work only, in which no timber product removal is included.**

SPECIES PRODUCT QUANTITY UNIT OF MEASURE Minimum Acceptable

Offer N/A* N/A* N/A* N/A* N/A*

BPA call orders will have project-specific species, products, quantities, and units of measure with minimum acceptable rates.

Units of Measure will vary, and values of timber products removed will be applied at fixed rates.

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 8 OF 75

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

AND COMMERCIAL SERVICES (DEC 2022)

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

The Government must exercise its post-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide 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. (Using IPP now) See #44.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of person(s) 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. -

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point(s) 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 thirty (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 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#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/52.212-5#FAR_52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211

REGION 4 ID, NV, UT & WY - MULTIPLE NATIONAL FORESTS PAGE 10 OF 75

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

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(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 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.

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/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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ADDENDUM TO FAR 52.212-4 The following clauses are hereby incorporated by reference or full text as appropriate:

NUMBER TITLE DATE

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION (ALTERNATE I) NOV 1991

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

452.236-71 PROHIBITION AGAINST THE USE OF LEAD-PAINT NOV 1996

452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988

452.236-76 SAMPLES AND CERTIFICATES FEB 1988

2. PROJECT DESCRIPTION

(a) Description of Work – This solicitation and any resultant Blanket Purchase Agreements are a stewardship project in accordance with 2018 Omnibus and Farm Bill. This is a commercial services acquisition for integrated resource service contracts and service contracts where the costs of services exceed the value of goods. Work activities may include commercial and non-commercial thinning, hand thinning and piling, grapple piling, mastication of fuels, biomass utilization, and road maintenance.

(b) Description of Current Conditions –

• Dead and Down Fuel: Average stand of mixed confier species will range between 15 – 50 tons of fuel loading per acre.

• Less than 8 inch DBH standing trees: Average stand of mixed confier species will range between 40 – 300 trees per acre.

• Greater than 8 inch DBH standing trees: Average stand of mixed confier species will range between 40 – 300 trees per acre.

• Commercial harvest of Included Timber; live tree (non-salvage), mixed conifer species including but not limited to: Ponderosa pine, Sugar pine, Douglas-fir, Incense cedar, Lodgepole pine, and White fir or any combination thereof. Average stand of mixed confier will range between 10-18 inches DBH.

• Harvest operations are ground-based on generally on slopes less than 35%, however some Forests will have ground-based operations on slopes up to 80% for cut to length harvesting.

Skidding may occur on a variety of terrain.

• Included Timber removal may include any or all species listed above.

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• Non-included material is any conifer species and/or size that is not included in Appendix B, Division A Utilization Standards.

• Removal of Piled material may occur on landings along open roadways and temporary roads.

• Normal Operating Season will vary between forests and districts based on geographic location.

General Guidelines:

This BPA will issue future call orders for individual stewardship hazardous fuels and restoration project areas located on National Forest Lands. The scope covers Federal and local agency lands within the boundaries Boise, Payette, Salmon-Challis, Sawtooth, Caribou-Targhee, Humboldt-Toiyabe, Ashely, Dixie, Fishlake, Manti-Lasal, Uinta-Wasatch-Cache and Bridger-Teton National Forests. Work may also be accomplished on private lands, but the BPA call will be issued and administered by a government entity.

The overall objectives of the project are:

1. Improve and protect:

a. The vitality and resiliency of forest and range ecosystems to threats from fire, insect, disease, and invasive and noxious species, including maintaining soil productivity and the use of prescribed fire or vegetation removal to promote healthy forests and rangelands;

b. Water resources including watershed health and productivity, water quantity and quality;

c. Habitat for wildlife and fish;

d. Air quality, including minimizing air quality impacts by removing excess biomass before the introduction of fire; and

e. The commercial value of forest biomass for producing electric energy and other beneficial uses.

2. Reduce:

a. Hazardous forest fuels on federal lands;

b. Fire hazards to private lands, at-risk communities, municipal water supplies; and other improvements

c. Threat of catastrophic fire to T&E species habitat; and

d. Effects of insect & disease epidemic; and

e. Prevalence of noxious and exotic plants and promote reestablishment of native species.

3. Resulting Award: Call orders will be issued against any resultant awarded BPA and reference this the parent BPA when ordered by warranted contracting personnel from any Federal, State, County, or Local agency for lands within 150 miles of the boundaries of the Boise, Payette, Salmon-Challis, Sawtooth, Caribou-Targhee, Humboldt-Toiyabe, Ashely, Dixie, Fishlake, Manti- Lasal, Uinta-Wasatch-Cache and Bridger-Teton National Forests.

4. Additionally, any Stewardship IRSC contract will include an appendix A for service work specifications, appendix B for the removal of timber products, appendix C for associated road maintenance and appendix D, if applicable, for road construction/reconstruction. Stewardship service contracts will only include an appendix A for service work specifications

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(c) Under call orders, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

Contractor’s Operations shall be conducted in a workmanlike and orderly manner. The timing of re-quired Forest Service designation of work on the ground and the performance of other Forest Service work shall not be such as to cause unnecessary delay to Contractor.

3. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Service Items can be found in Appendix A (note: specifications may change at time of BPA call creation).

Specifications for timber removal can be found in Appendix B and associated road plans and specifications in Appendix C for Stewardship related projects. Projects that include road construction or reconstruction will be addressed in individual Calls and may include Appendix D.

4. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

5. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work. Actual acceptance will adhere to the requirements in each call order.

6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A or provided at time of call order issuance.

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

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than as the date specified on each call order. The time stated for completion shall include final cleanup of the premises.

8. AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of these Blanket Purchase Agreements is 10 years from date of contract award, with an option to extend up to 20 years.

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9. ORDERING

(a) Any services to be furnished under this agreement shall be ordered by issuance of BPA call orders by the individuals or activities designated in the Schedule. Such call orders may be issued from date of award and have a period of performance up to two years after expiration of the BPA. The BPA shall remain until either party to the BPA determines that it is no longer beneficial or effective during the performance period. Should the Government make this determination, a cancellation notice shall be provided to the vendor. Should the vendor make the determination, they shall provide written notice to the Government of their intent to cancel the BPA. Cancellation of the BPA will not affect the obligations of either party regarding outstanding call orders which have not been closed out.

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

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

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

10. BLANKET PURCHASE AGREEMENTS – REVIEW PROCEDURES

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

11. ORDER PROCEDURES (MULTIPLE AWARD)

The following provision defines the process by which (1) Fair Opportunity for Award will be afforded; (2) BPA call orders will be processed and priced; and (3) BPA call orders will be awarded.

1. Fair Opportunity for Consideration:

a. One or more BPA call orders will be issued during the performance period of the resulting

Blanket Purchase Agreements. The Contracting Officer's (CO) decision to issue a BPA call order to a particular awardee shall be based on the criteria stated below. The CO will give each qualifying (Business Status) awardee a "fair opportunity" to be considered for each order in excess of $2,500 unless one of the conditions in paragraph (2) below applies.

b. Exceptions to Fair Opportunity for Consideration: Awardees will not be given a fair opportunity to be considered for requirements which are expected to exceed $2,500 when the CO determines one of the following conditions apply:

i. The agency need for the services is so urgent that providing such opportunity would result in unacceptable delays;

ii. Agency Cooperators provision of matching value under Stewardship Activities.

iii. Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized; or

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iv. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order.

2. Selection Criteria for Awarding a BPA call order

a. The Government will evaluate the call order proposals against selection criteria. At a minimum, the Government’s award decision will be based on selection criteria addressing key personnel, equipment, relative past performance, local community, and price.

b. Evaluation of relevant past performance will be based on each awardee’s original past performance data as supplemented by the Government and contractor during the life of the BPA. As work proceeds under this BPA, it is probable that the relevant past performance data submitted with the original BPA solicitation proposal will be disregarded for current performance reports received on BPA call orders performed under an BPA. In addition, individual call order selection criteria may include other factor(s) relevant to the particular call order. The order of importance for the factors will be identified on each individual project call orders.

3. BPA call order process

a. A warranted CO, regardless of Agency, responsible for acquisitions within the area defined in the Scope of Work must issue any BPA call order exceeding $2,500. The CO will issue a BPA call order quote request to all contractors unless the work is specifically set aside for sole source under stewardship when a cooperating partner is providing added value for that specific project unit. If a Fair Opportunity Exception Applies, the call order quote request will be issued to the designated group or single contractor, as applicable. The BPA call order quote request will include a due date for quote/proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate. The call quote request will also include specific instructions for the submission of offers, the selection criteria factors, the factors’ order of importance, and other information deemed appropriate.

b. Awardees under their Blanket Purchase Agreement will generally be allowed thirty (30) working days to prepare and submit quotes or proposals. However, more, or less time may be necessary based on the requirements. The due date shall be set forth in each BPA call quote request. While no mandatory requirement exists for the submission of a proposal/quote, firms consistently declining to submit offers for availability reasons may jeopardize their ability to receive future BPA calls.

c. Technical Proposals. A call order request for quotes or proposals MAY include the demand for any or all of the following information depending upon the complexity of the project:

* Technical Approach (Including Operating Plan, Benefit to Local Community, and Biomass Utilization)

* Key Personnel utilized

* Quality control plan

* Quantities/hours of personnel by labor categories

* Quantities/hours of equipment by specific type

* Other Direct Costs (ODCs) (e.g., material not provided by the Government, mobilization, etc.)

* Site Specific augmentation to the Formal Letter of Agreement’s Safety Plan

* Performance Work Plan Schedule

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* Use of Government Property

* Necessary flagging requirements

* Teaming Arrangement to include subcontracting from the list of approved subcontractors established at time of award

Technical proposal information will be streamlined to no more than five (5) pages; excluding any Safety Plan augmentation and the Performance Work Plan Schedule. Proposals shall not merely restate the BPA call’s work statement requirements or Statement of Work.

4. Price Quotes. A written price quote will always be required on the face of each BPA call form.

Completing the form with an authorized signature will, in most cases, represent the sum of a firm’s price quote. Pricing will only be provided to the Contracting Officer.

5. Clarification of Offer: Quotes/Proposals will be evaluated in accordance with selection criteria set forth in the call orders Request for Quotes. If necessary, during the evaluation of quotes/proposals the Government may contact an agreement holder with questions concerning their quote/proposal. Upon completion of evaluations, the CO will issue a BPA call to the awardee whose proposal is most advantageous to the Government.

6. BPA call Issuance: Call Orders may be issued verbally, by…