Amendment_1_-_AG-04GG-S-17-0002.docx

Deschutes National Forest Construction Equipment Blanket Purchase Agreements (BPA)

AG-04GG-S-17-0002

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

(ii) Solicitation Number AG-04GG-S-17-0002 is issued as a Request for Quote (RFQ) under the authority of FAR 13.5.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-91. The NAICS code assigned to this project is 532412 Construction, Mining and Forestry Machinery and Equipment Rental and Leasing and the size standard is $32.5M.

(iv) This acquisition is being advertised as Total Small Business set aside. The award will be a Firm Fixed Price Blanket Purchase Agreement.

(v) Solicitation closes 12:00 PM PT / Noon, November 1416, 2016. See paged pages 3-4 for proposal requirements.

(vi) The USDA Forest Service – Deschutes National Forest has a recurring need for various types of rental construction equipment for projects located in Central Oregon.

The Region 6 Deschutes NF Contracting Office intends to award multiple Blanket Purchase Agreements (BPAs) from this combined synopsis/solicitation. Two or more BPAs will be awarded. As needed, equipment will be acquired by placing calls against a BPA. The contractor is responsible for supplying and delivering equipment listed under each BPA. Delivery locations and mileage will be determined prior to the placement of each BPA call.

(vii) Offeror’s submitting prices should refer to the Attached Schedule of Items and Rental Equipment Description, Specifications, and Requirements. Prices submitted shall remain in effect for one full year from date of award and may be revised at the anniversary of the BPA award, upon agreement of the parties. Offeror’s may submit prices on one or more of the line items listed in the Schedule.

(viii) All questions regarding this solicitation must be in writing by email to BarbaraDarling@fs.fed.us and must be received no later than 12:00 PM PT / Noon, November 9, 2016.

(viiii) Solicitation closing date is 12:00 PM PT / November 1416, 2016.

All quotes must be received by 12:00 noon PT. Offerors shall submit 1 copy of their quote by email to: barbaraDarling@fs.fed.us See pages 3- 4 for proposal requirements.

Blanket Purchase Agreement

DESCRIPTION OF AGREEMENT: This BPA is to provide the U.S. Forest Service with heavy equipment on an as needed basis. The contractor shall provide equipment that is in good working order to the Forest Service. Along with providing the equipment the contractor shall be responsible for maintaining the equipment according to the manufacturer’s recommendations and industry standards.

Equipment shall be delivered to U.S. Forest Service facilities unless otherwise agreed upon in writing by the contracting officer. The Forest Service shall inspect the equipment upon delivery and document inspection in writing, including signatures from both Forest Service and contractor. Forest Service reserves the right to reject equipment that does not meet the specifications or is unserviceable. Returned equipment shall be inspected by the Forest Service prior to return and shall be documented in writing by the Forest Service and the contractor.

General requirements for all equipment

1. Machines with evidence of ongoing problems with leaks, broken welds, loose fittings or attachments, or showing excessive wear and tear are not acceptable.

2. BPA Holders (Rental Company) must be able to provide rapid response to all service calls during working hours between 7 AM and 7 PM daily.

3.All equipment must be certified clean and free of any soil, rocks, lubrication or fluid stains/spills, plant parts (including seeds), and be in fully functional and operational order upon delivery.

4.The interior (operating cab) of all equipment must be delivered in clean condition, equipped with functional horn, warning lights, alarms, fire extinguisher, fully operational seat belt(s) and seat adjustment controls, and fully intact and functional seat upholstery.

5. All equipment must meet or exceed all applicable OSHA and/or MSHA safety requirements.

6. Replacement of any machine that fails to meet to performance expectations that are reasonable for the specific type, size and/or intent of use of that equipment due to major mechanical breakdown not attributable to misuse or operator error will be replaced at no additional remobilization costs to the Government within 2 working days with an equivalent machine that meets all listed general requirements and stated specifications as per this document.

7. All equipment maintenance is the responsibility of the BPA holder at no cost to the Government.

PERIOD OF PERFORMANCE: Each BPA shall be valid for up to a period of three years from date of the Agreement. Prices submitted shall remain in effect for one full year from date of award and may be revised at the anniversary of the BPA award, upon agreement of the parties. The Government may cancel this BPA at any time.

EXTENT OF OBLIGATION - The Government is obligated only to the extent of authorized purchases actually made under this BPA by authorized individuals. Funds are obligated when an authorized BPA Call is placed pursuant to this BPA. Each authorized purchaser is obligated only to the extent of the obligation of the issued BPA order that is actually placed under this BPA.

PURCHASE LIMITATIONS - Each BPA call may not exceed the Simplified acquisition threshold for commercial items. (FAR 13.6).

INVOICES – Payment and Acceptance will be stated and defined on a call-by-call basis. Payments will be made through (Electronic Funds Transfer (EFT) via Invoice Processing Platform (IPP) unless otherwise noted on a specific call. Each invoices uploaded in IPP shall contain the following minimum information:

a. Name of Contractor;

b. BPA number;

c. Date of order;

d. Order number;

e. Itemized list of equipment furnished including mobilization and pickup cost;

f. Quantity, unit of issue (hourly, daily, weekly, monthly), unit price and extensions of each item, less applicable discounts;

g. Date and location of equipment delivery

h. Date and location of equipment return

ORDERING PROCESS - Services to be provided hereunder will be ordered by issuance of a written BPA call at the prices listed on the Schedule of Items (or less).Each BPA call will reference this BPA and will be subject to all the terms and conditions herein.

Each BPA will contain the following information.

1. Task Order and Contract Number

2. Date of Order

3. Services (Equipment), Quantity and Prices

4. Award Amount

5. Delivery Date

6. Delivery Location and Vicinity Map

7. Payment process

ORDERING OFFICIALS – All individuals designated as authorized Ordering Officials will be provided to the BPA holders at time of award.

EVALUTATION CRITERIA – The Deschutes NF intends to award two or more BPAs. BPAs will be established with the offerors that provide the best value to the government based on the factors below:

52.212-2 Commercial Item Evaluation Factors Factor 1 - Meets Minimum Specifications Factor 2 - Past Performance Factor 3 - Price (the total of all unit prices listed in the schedule)

In response to this RFQ, Offerors shall submit the following:

1. Factor 1: List of equipment being offered to include:

a) Equipment Type to include Model and Make,

b) Equipment Description to include capabilities, and

c) Equipment Condition, and

d) Delivery Response Time for Equipment once order is placed.

2. Factor 2: Three past performance references to include:

a) Company Name,

b) Point of Contact,

c) Phone Number of Contact, and

d) Type of Equipment provided.

3. Factor 3: Schedule of Items (in addition to prices, the schedule shall include contractor information and year, make, model, VIN for each proposed piece of equipment.) Offerors do not have to quote on all line items. If offerors have multiple pieces of equipment in their fleet, list all of them for each category in the Schedule of items.

4. In order to be considered for award vendors must be registered in System of Award Management (SAM) database including NAICS 532412, Construction, Mining and Forestry Machinery and Equipment Rental and Leasing.

The BPA holders must comply with the following commercial item terms and conditions.

52.212-1 Instructions to Offerors- Commercial Items (Oct 2015)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (July 2016)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

__X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

__X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__X_ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: None.

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

452.237-70 Loss, Damage, Destruction or Repair.(FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $25,000 except that no reimbursement will be made for loss, damage or destruction due to

(1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

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

(c) 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) or (b) 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.

(End of Clause)

The full text FAR clauses may be accessed electronically at http://www.acqnet.gov/far.

Attachment: Schedule of Items (offeror must complete including description of proposed equipment, pricing and contractor information)

CANCELLATION OF THE BPA. The United States Government reserves the unilateral right to cancel this BPA by providing written notification to the Contractor. The Contractor may withdraw from this BPA upon written request to the Contracting Officer. Withdrawal from the BPA does not affect awarded calls.

Points of Contact and Mailing Address

Barbara Darling, Contract Specialist Deschutes National Forest; R6 Acquisitions 63095 Deschutes Market Rd Bend, OR 97701

Phone: 541-383-5552 barbaradarling@fs.fed.us

SCHEDULE OF ITEMS

*You do not have to quote on all equipment listed. Put the equipment's information in the description block. i.e. year, make, model, VIN

Proposed:

Proposed:

Proposed:

Proposed:

Proposed:

Proposed:

Proposed:

Proposed:

*You don’t have to quote on all equipment listed. Insert proposed equipment's information description block. Ie. Year, make, & model & VIN