BPAS130030.pdf

AG-03R6-S-13-0030

“Call-When-Needed” Equipment Rental/Flathead NF Attachments, Page 1 of 64

UNITED STATES DEPARTMENT OF AGRICULTURE

FOREST SERVICE

Northern Intermountain Acquisition Team Western Montana Acquisition Zone

Building 24 – Fort Missoula Missoula, MT 59804

BLANKET PURCHASE AGREEMENT (BPA)

BPA Number: AG-03R6-B-13-

Vendor:

Address:

City:

State:

Zip Code:

TIN/DUNS:

Phone:

E-Mail Address:

General Information

The Government intends to establish one or more Blanket Purchase Agreements (BPA) for “Call-When-Needed” Equipment Rental on the Flathead National Forest located in Kalispell, Montana. Any resultant BPA(s) will be three (3) years in duration – date of award through March 31, 2016. This procurement is 100% set-aside for HubZone Small Business Concerns.

A BPA is a vehicle that an ordering activity can use to facilitate the acquisition of recurring needs for services or supplies. A BPA is not a contract, and although it establishes the terms applicable to the placement of future orders (BPA Calls), it does not obligate funds. When the need becomes immediate, the ordering activity can then make the purchase by simply placing a BPA Call against the BPA. BPA’s do not state a minimum or maximum amount. Since it is not a contract, there are no guarantees that the Government will place any orders against it.

Hourly prices for equipment and move-in/move-out costs are not required at this time (see “BPA Call Solicitation and Selection”). See separate documented entitled “Provisions”, Submittals, for the requirements for submitting an offer.

Scope of Contract

The Contractor shall provide equipment on a fully-operated “Call-When-Needed” (CWN) basis.

All equipment shall be in good mechanical and operating condition and shall be operated by competent operators experienced in the type of work for which the equipment is being ordered.

Attachments, Page 2 of 64

Description and Location

(a) Description. The work will include, but is not limited to, the following: cleaning culvert inlets and outlets, slide removal, slump repairs, minor spot graveling, roadside streambank protection, installing and repairing road closure gates, installing road closure berms and barriers, site preparation, bridge maintenance, building demolition, and brushpiling.

The nature of work for call-when-needed equipment frequently demands quick mobilization and very timely work response to prevent resource damage. Unless otherwise agreed, equipment shall be delivered ready for operation within 48 hours after receipt of the BPA Call from the authorized agent.

(b) Location. The equipment will be used at various locations on the Flathead National Forest and includes the Swan Lake, Spotted Bear, Hungry Horse/Glacier View, and Tally Lake Ranger Districts (see Vicinity Map, Attachments).

List of Equipment (Check boxes below for equipment being offered under this BPA)

Item No. Description Equipment Offered

1 Endloader/Backhoe

2 End Dump Truck

2.1 - 10-Yard to 12-Yard

2.2 – 12-Yard to 20-Yard

3 Endloader/Rubber-Tire Skid-Steer (Bobcat Type)

4 Endloader/Backhoe and End Dump Truck* (10-Yard to 20-Yard)

5 Hydraulic Excavator

5.1 - Class EX 4

5.2 - Class EX 6

6 Crawler Tractor

6.1 – Class 5/6/7

6.2 – Class 8/9

6.3 – Class 10

7 Rock Rake

8 Vibratory Roller

*Item No. 4 requires only one operator. Only one item of equipment will be paid for at the regular rate with no standby for the second piece of equipment while unoperated.

Attachments, Page 3 of 64

Item No. Description Equipment Offered

9 Motor Grader

10 Water Truck

11 Brush Cutter

11.1 – Rubber-Tired

11.2 – Track-Mounted

12 Lowboy (16-Ton to 20-Ton)

13 Mechanical Tamper (Hand-held – Gas-operated)

See pages 4 through 6 for equipment specifications.

Item Nos. 1 through 11 – Lowboy/transportation costs are included in the move-in/move-out costs associated with each item on the BPA Call. Item No. 12 – Lowboy will be used to haul only Government equipment to designated locations.

Vendors do not have to submit equipment for every item listed above. However, if submitting for a specific item, the Vendor must be submitting for all 3 years. If Contractor changes out or replaces equipment over life of contract, it must meet or exceed the same specifications from the previous equipment submitted on the original solicitation.

Basis of Award

Single or multiple Blanket Purchase Agreements (BPAs) may be established. BPA’s will be awarded to the Vendor who provides the best value to the Government, considering but not limited to, such factors as past performance, and technical aspects of the equipment which includes manufacturer specification sheets for all equipment offered and a current Department of Transportation Inspection for all street-going vehicles (see Equipment Specifications of this document (pages 4 – 6) and the separate Provisions package, Submittals, page 19). The Experience Questionnaire will be used in conjunction with the past performance contained in Item 6 of the Experience Questionnaire. The Experience Questionnaire shall be completed in its entirety, signed, and submitted with your offer.

Extent of Obligation

The Government will be obligated only to the extent of the Calls placed against the BPA by authorized individuals listed. Any work performed must be ordered by one of the individuals listed below. This BPA upon signature of the Contracting Officer, shall continue for 1 year (date of award through March 31, 2014) with an option for two renewal periods (April 1, 2014 through March 31, 2015 and April 1, 2015 through March 31, 2016).

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The maximum amount of an individual Call against this BPA is $15,000.

Authorized Individuals to Place Calls Against this BPA

In addition to the Contracting Officer for the BPA, the authorized officials shown below may issue Calls under this BPA: Any Contract Specialist assigned to the USDA Forest Service, Western Montana Acquisition Zone, within the limits of their authority.

All requisitions for Calls must be processed through Jack David, Contracting Officer’s Representative, Flathead National Forest, telephone (406) 758-5217, or the Contracting Officer’s approved representative.

Requirements

Equipment Specifications

(a) Item No. 1 and 4 – Endloader/Backhoe

(1) Minimum flywheel horse: 60 SAE net horsepower.

(2) Minimum 1 cubic yard loader bucket.

(3) Backhoe bucket must be a minimum of 18 inches wide and have a reach of at least 12 feet.

(4) Year of manufacture – 1985 or newer.

(b) Item No. 2 and 4 - End Dump Truck

(1) Shall measure minimum of:

(i)Subitem No. 2.1: 10- to 12-cubic yards.

(ii) Subitem No. 2.2: 12- to 20-cubic yards.

(2) Year of manufacture - 1985 or newer.

(3) End dump with latching tailgate and removable tailgate.

(c) Item No. 3 – End Loader/Rubber-Tire Skid-Steer (Bobcat Type)

(1) Minimum flywheel horsepower: 60 SAE net horsepower.

(2) Minimum bucket capacity .5 cubic yards.

(3) Year of manufacture - 1985 or newer.

(4) Standard heavy-duty radiator guard

(5) Designed and weight distributed for balance when bucket is full and raised.

(6) All-wheel drive.

(d) Item No. 5 - Hydraulic Excavator

(1) Tracked, crawler-type.

(2) Minimum flywheel horsepower:

(i) Subitem No. 5.1 – 85 to 110 SAE net horsepower.

(ii) Subitem No. 5.2 – 136 to 160 SAE net horsepower.

(3) Year of manufacture - 1985 or newer.

(4) Bucket equipped with "hydraulic thumb".

Attachments, Page 5 of 64

(5) Bucket capacity:

(i) Subitem No. 5.1 – 1.0 to 2.0 cubic yard.

(ii) Subitem No. 5.2 – 1.25 to 2.5 cubic yard.

(6) Minimum reach:

(i) Subitem No. 5.1 – 20 feet.

(ii) Subitem No. 5.2 – 25 feet.

(7) No fluid leaks.

(e) Item No. 6 - Crawler Tractor

(1) Minimum flywheel horsepower:

(i) Subitem 6.1 – 105 to 169 SAE net horsepower.

(ii) Subitem 6.2 – 170 to 249 SAE net horsepower.

(iii) Subitem 6.3 – 250 to 290 SAE net horsepower.

(2) Year of manufacture - 1980 or newer.

(3) Adjustable angle dozer blade or “U” blade.

(f) Item No. 7 – Rock Rake

(1) Towable.

(2) Adjustable height plus angle.

(3) Mechanical.

(4) Rake shall be 8 to 10 feet wide.

(g) Item No. 8 – Vibratory Roller

(1) Drum shall be 54 inches wide.

(2) Minimum flywheel horsepower: 35 SAE net horsepower.

(h) Item No. 9 - Motor Grader

(1) Minimum flywheel horsepower: 145 SAE net horsepower.

(2) Year of manufacture - 1985 or newer.

(3) Minimum 12-foot moldboard.

(4) Four-way flashing or flashing amber warning light.

(i) Item No. 10 – Water Truck

(1) 2,500 to 4,000 gallon capacity.

(2) Year of manufacture – 1985 or newer.

(3) Self-contained filler pump.

(4) Capability to fill from either side.

(5) Minimum of 12-foot wide rear discharge for road watering.

(j) Item No. 11 – Brush Cutter

(1) Minimum flywheel horsepower: 50 SAE net horsepower.

(2) Minimum 18-foot reach at 90 degrees to the machine.

(3) Year of manufacturer 1980 or newer.

(4) Rubber-tired or track-mounted.

Attachments, Page 6 of 64

(k) Item No. 12 – Lowboy

(1) Weight capacity: 16- to 20-ton.

(l) Item No. 13 – Mechanical Tamper

(1) Industry Standard.

When it is specified on a BPA Call for a laborer/helper, the Contractor shall provide a laborer/helper capable of performing handwork related to the project. If a laborer/helper is hired by the Contractor, the laborer/helper will be paid according to the Service Wage Rates in the contract.

Best Management Practices (BMP’s) – State of Montana

(a) All work along and crossing streams shall be in accordance with current State of Montana Best Management Practices (BMP's). If work operation produces excess material, feather it out or haul it away. Avoid sidecasting in locations where erosion will carry materials into the stream. Avoid leaving a berm that channels water down the road unless it is routed into an effective vegetation filter which spreads it out and removes sediment.

(b) Where equipment is used to remove excessive, large, or deleterious material from the shaped road template, material to be wasted shall not be wasted in drainage or within 300 feet of a live stream.

(c) Oversized material exceeding 4 inches in size removed by equipment shall be disposed of by sidecasting over the fill slope except within 100 feet each side of culverts and other stream crossings.

(d) At the conclusion of equipment operations, the roadbed shall be smoothed and dressed to produce a uniform grade and cross section and a surface free of hollows, depressions, and projections above the adjacent roadbed surface. No berm or ridge of any material shall be left along either shoulder of the roadbed unless directed by the Contracting Officer or designated representative.

Pollution and Erosion Control

During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations shall be collected and stored in a sanitary, nuisance-free manner and disposed of in a State-approved sanitary landfill or as approved by the Contracting Officer.

Moving of Equipment and Supplies

(a) Moving of equipment, accessories, support equipment, and personnel from the point of hire to the project site will be paid at the hourly rate for move-in/move-out shown on the awarded BPA Call, subject to the provisions contained in “Deliveries or Performance Requirements”, Attachments, Page 7 of 64

“Method of Measurement”, “Standby”, and “Daily Records”. Upon completion of the project, the Contractor will be paid the hourly rate for move-in/move-out to return to the point of hire.

(b) Moving of equipment and specified accessories between job locations will be paid at an hourly rate for move-in/move-out as awarded per the Call or at the hourly equipment use rate as awarded per the Call, depending on the distance involved. The method of moving equipment shall be determined by the Contracting Officer and the Contractor. Moving of support equipment and personnel between job locations shall be the Contractor's responsibility and at the Contractor's expense.

NOTE: The actual hours of mobilization will be paid one way to a project site (up to a maximum of 5 hours) with the actual hours of de-mobilization paid for the return trip home (up to a maximum of 5 hours). The maximum hours of mobilization from the Flathead County Courthouse in Kalispell, Montana, to the farthest project site on the Flathead National Forest is 5 hours one way.

Inspection and Acceptance

Inspection and Acceptance Requirements

(a) Inspection of Equipment. Equipment will be inspected at the time it is delivered to the worksite.

Equipment that does not meet contract specifications and requirements, or is determined to be in any way unsafe or non-functional, will be rejected. No moving costs will be paid for rejected equipment.

(b) Replacement Equipment. If equipment becomes inoperative, the Government will either, (1) allow the Contractor a reasonable period of time to fix or replace the equipment (at no additional expense to the Government), or (2) release the equipment. Payment for move-out will not be allowed for the released equipment.

(c) Dependent Equipment. If any piece of equipment becomes inoperative and prevents a dependent piece of equipment from doing productive work, then no payment will be made for any dependent equipment until affected equipment resumes operation. If equipment comes from two separate Contractors, the operable dependent piece of equipment shall be put on standby or released until equipment can be put back to work unless other arrangements are made with the COR.

Deliveries and Performance

BPA Call Solicitation and Selection

When BPA Calls are expected to exceed the micro-purchase threshold (currently $2,500.00), Calls will be solicited from three Contractors with the appropriate equipment awarded under this BPA.

Hourly operated equipment prices, offered under these BPA Call Solicitations, will be inclusive of all costs (fully burdened).

Attachments, Page 8 of 64

Calls estimated to exceed the micro-purchase threshold will be awarded to the Contractor whose offer is most advantageous to the Government, price and other factors considered. The following will be used to evaluate the Call offers:

(a) Price

(b) Past Performance

(c) Operator Experience

(d) Ability to meet the delivery date

Non-price factors when combined will be considered equal to price.

BPA Calls under the micro-purchase threshold will be awarded at the Contracting Officer’s discretion based on what the job entails, location of the work, equipment needed to accomplish the work, and Contractors’ availability. In the case of unusual and compelling urgency and where the Government would be seriously injured, then the Government may award to one Contractor in order to stabilize the immediate situation.

A quote form will be sent out at the time of need for the Contractor to quote on the project – equipment needed for the project will be identified on the form as well as hours of operation and hours for mobilization/de-mobilization.

Deliveries or Performance Requirements

(a) Delivery and Performance Time. Contract time for a BPA Call item will begin at the time agreed between the Contractor and authorized ordering agent and shall continue until completion of the work contemplated by the Government. Unless otherwise agreed, equipment shall be delivered ready for operation within 48 hours after receipt of the BPA Call from the authorized agent.

(b) Days and Hours of Work. Unless otherwise mutually agreed, all work shall be performed between 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding Federal holidays.

(c) Location of Project Work. Actual location of project work will be stated at the time the BPA Call is placed. Directions and maps for worksites will be supplied by the Government as part of each Call.

(d) Operating Supplies. Fuel, oil, and other operating supplies shall be furnished by the Contractor. The Government is not responsible for time spent for fueling and maintenance.

(e) Repairs. All repairs to equipment under this agreement shall be made and paid for by the Contractor. Repairs shall be made promptly and equipment returned to use within the time specified (48 hours unless otherwise agreed). In lieu of repairing equipment, Contractor may furnish similar replacement equipment within the time specified. Contractor may authorize the Government to make repairs upon request of the Forest Service. In such case, Contractor will be billed appropriate commercial or Forest Service rates for labor and parts costs.

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(f) Standby. Equipment ordered to the jobsite and required to standby; i.e. a lowboy that must be available to move a piece of equipment several times. Standby must be ordered by the Forest Service and payment will be made as stated in “Standby” below.

Contract Administration Data

Method of Measurement

Payment will be made for the hours of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, (except move-in and move-out) will constitute authorized work. Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of a breakdown or being stuck, or loading time of specified accessories shall not constitute "actual operation."

(a) Move-in/Move-out. The move-in/move-out allowance will be paid for moving all fully-operated equipment, support equipment, and personnel from the point of hire to the jobsite, complete and ready to work, and from the project site to the point of hire when the job is completed. The Contractor will be compensated for the actual hours of mobilization and de-mobilization up to a maximum of 5 hours each way. No move-in will be paid for replacement equipment. Payment for move-in/move-out allowance will be at the hourly rate shown in the BPA Call.

(b) Moving Between Job Locations. Moving of equipment and specified accessories between job locations will be paid at the hourly rate for move-in/move-out or at the hourly equipment use rate, depending on the distance involved. The method of moving equipment shall be determined by the Contracting Officer and the Contractor. Moving of support equipment and personnel between job locations shall be the Contractor's responsibility and at the Contractor's expense.

Standby

For standby ordered by the Government during authorized hours of work, the Government will pay 50 percent of the hourly rate in one-quarter hour increments, rounded to the nearest one-quarter hour.

NOTE: Notwithstanding the intent and requirement of the BPA to provide an experienced operator for each ordered piece of equipment, unless otherwise mutually agreed, if a Contractor furnishes two pieces of equipment (two items) and one operator, only one item will be paid for at the regular rate with no standby for the second piece of equipment while unoperated.

Daily Records

The Government will maintain a daily record for each piece of rental equipment as follows:

(a) BPA/BPA Call number and item number applicable to the equipment.

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(b) Name of Contractor.

(c) Hours of operation authorized, rounded to the nearest one-quarter hour.

(d) Hours of actual operation on regular work, rounded to the nearest one-quarter hour.

(e) Time lost during authorized hours of operation and the reason.

(f) Hours of payment for standby authorized at 50 percent of stated rate, rounded to the nearest one-quarter hour.

Basis of Payment

The daily record will constitute the basis for calculating the sum due. The Contractor shall invoice at the end of each 14-day period or upon completion of the job. Payment will be processed in accordance with the Prompt Payment Act after receipt of a proper invoice.

Invoicing

The Contractor is responsible for providing a signed and properly executed invoice to the Government for each portion of work for which payment will be made. See “Invoice Procedures for the Western Montana Acquisition Zone”, Attachments. Invoices shall be sent to the following address:

Flathead National Forest ATTN: Jack David 650 Wolfpack Way Kalispell, MT 59901

Special Contract Requirements

Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax.

Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

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When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. Not Required.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

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(b) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) above. Repairs shall be made promptly and equipment returned to use within 48 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

Signing and Public Safety

The Contractor shall provide, erect, and maintain all necessary barricades, danger signals, detour and other signs, and take all necessary precautions for the protection of the work and safety of the public.

All such barricades and signs shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), 1987 Edition, as published by the Federal Highway Administration, U.S.

Department of Transportation.

As a minimum, the Contractor shall provide two signs with stands stating "ROAD MACHINERY AHEAD" (MUTCD Designation W21-3). Signs shall be a minimum of 36 inches by 36 inches in size with 6-inch black letters on an orange background. Signs shall be in good condition and lettering shall be legible. Signs shall be posted at the beginning and end of the daily work area before work begins.

A reflectorized "Slow Moving" vehicle emblem shall be attached to all rubber-tired motor equipment.

If a berm is left in the roadway overnight or on weekends, it shall be properly signed as a hazard and visibly illuminated at night.

Noxious Weed Control

This project lies within a weed management district. To help stop the spread of weed seeds, this work will require the Contractor to wash his equipment and support vehicles prior to entering the weed management district. The equipment and support vehicles shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris from the machine. Before moving the equipment to the jobsite, it shall be inspected and approved by the Contracting Officer or designated representative.

Camping

Before camping, the Contractor shall obtain a District Camping Permit from each District the Contractor is working on through the Contracting Officer/Contracting Officer’s Representative (see Sample Camping Permit in Attachments). A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

Camping will not be allowed along roads that are closed to public use.

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Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting or muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtrations, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

Personal Protective Equipment

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

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

(c) Defective or damaged personal protective equipment shall not be used.

(d) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

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

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

(g) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise.

Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This BPA may be subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the BPA/BPA Calls, an evaluation may be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

Terms and Conditions

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulations - http://www.arnet.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/rocurement/policy/agar.html.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)(

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and http://www.arnet.gov/far http://www.usda.gov/rocurement/policy/agar.html

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(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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 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.

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(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

(x) Electronic funds transfer (EFT) banking information.

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking

Attachments, Page 19 of 64 information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), 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 contract line item or subline item, if applicable; and

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(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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(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 32.608-2 of the Federal Acquisition Regulation 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.

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

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

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

(q) Other compliances.