Solicitation.pdf

Please price these items for evaluation purposes only. All future projects will be competed and will not rely on this quote.

Forest Engineering & Road Maintenance Deschutes & Fremont-Winema National Forests

(AREA #3)

Crescent Ranger District & Chemult Ranger District

Area Boundaries

19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QTY 22. UNIT 23. UNIT PRICE 24. AMOUNT

*034 Stream Restoration & Rehab (hours based on a typical 6 week construction project)

034AA Dump Truck w/ operator 120 HOUR $

034AB Small Excavator w/ operator 80 HOUR $

034AC Medium Dozer w/ operator 80 HOUR $

034AD Walking Backhoe w/ operator 200 HOUR $

Forest Road Maintenance and Minor Construction Fremont-Winema National Forest (AREA #4) Paisley & Silver Lake Ranger Districts Area

Boundaries

*047 Stream Restoration & Rehab (hours based on a typical 6 week construction project)

047AA Dump Truck w/ operator 120 HOUR $

047AB Small Excavator w/ operator 80 HOUR $

047AC Medium Dozer w/ operator 80 HOUR $

047AD Walking Backhoe w/ operator 200 HOUR $

Forest Road Maintenance and Minor Construction Fremont-Winema National Forest (AREA #5) Chiloquin & Klamath Ranger Districts Area

Boundaries

*060 Stream Restoration & Rehab (hours based on a typical 6 week construction project)

060AA Dump Truck w/ operator 120 HOUR $

060AB Small Excavator w/ operator 80 HOUR $

060AC Medium Dozer w/ operator 80 HOUR $

060AD Walking Backhoe w/ operator 200 HOUR $

Forest Road Maintenance and Minor Construction Fremont-Winema National Forest (AREA #6)

Bly & Lakeview Ranger Districts Area Boundaries

*073 Stream Restoration & Rehab (hours based on a typical 6 week construction project)

073AA Dump Truck w/ operator 120 HOUR $

073AB Small Excavator w/ operator 80 HOUR $

073AC Medium Dozer w/ operator 80 HOUR $

073AD Walking Backhoe w/ operator 200 HOUR $

Signature Date

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

This description includes a list of the types and scope of work that the equipment found in Block 20 may be required to perform in any of the areas designated within this contract. The list is representative but not inclusive of all work that may be required by task order. Orders will most often be issued on a lump sum quantity basis or as identified within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP03)” http://www.wfl.fha.dot.gov/design/specs/fp03.htm. This is NOT a Time and Materials Task Order contract but rather a Blanket Purchase Agreement. The hourly pricing requested will be utilized for price evaluation purposes in selecting a “Best Value” contractor. However, the Government shall terminate any successful contractor’s contract should their BPA Call’s lump sum pricing not be a reflective derivation of the pricing they propose herein.

h. Stream Restoration and Rehab:

Stream restoration and rehabilitation consists of maintaining sustainable stream channel function for hydraulic flow and aquatic organism habitat.

Possible Performance Activities: Placing rip rap to stabilize banks or to prevent head cutting, construction of a variety of in-stream structures using both rocks and logs, reshaping stream banks, relocation of stream channel, and mechanical transplanting of riparian vegetation.

l. Equipment and Labor Descriptions:

Equipment shall be in good operating condition, of modern design, with a competent, qualified operator. All equipment, except trucks, shall be equipped with rollover protection canopies.

Minimum equipment specifications for applicable work activity groupings are as follows:

1. Road Grader:

a. Engine rating of at least 155 hp (base power, all gears, gross).

b. Blade assembly dimensions at least 14 ft by 24 inch.

2. Dump Truck:

a. Engine rating at least 350 hp.

b. Dump box with at least 10 cubic yard struck capacity.

3. Belly Dump Truck:

a. Engine rating at least 300 hp.

b. Dump box with at least 20 cubic yard struck capacity.

4. Water Truck:

a. Engine rating at least 300 hp, with a minimum capacity of 3,000 gallons.

b. Watertight tank with adequate capacity to efficiently complete projects.

c. Equipped to provide positive, uniform control of specified water application rate.

d. Equipped with air gap or positive anti-siphon device between the water source and the vehicle.

e. Inside-cab operating controls

5. Medium Dozer:

a. Net engine power at least 90 hp to a maximum of 185 hp

b. Equipped with a six (6) way blade at least 8 feet in length and rear-mounted ripper with 3 or more teeth with a ripping depth of 12 inches or more.

6. Large Dozer:

a. Net engine power at least 185 hp http://www.wfl.fha.dot.gov/design/specs/FP03_metric_final_062003.pdf

b. Equipped with rear-mounted ripper with 3 or more teeth with a ripping depth of 12 inches or more.

7. Small Excavator:

a. Weight class at least 18,000 lbs.

b. Net engine power at least 55 to 125 hp

c. Bucket with at least 0.25 cubic yard struck capacity

8. Excavator:

a. Weight class at least 41,000 lbs.

b. Net engine power at least 120 to 240 hp.

c. Bucket with at least 1.1 cubic yard struck capacity

9. Mechanical Brush Cutter:

a. Able to cut up to 20 feet from edge of road.

b. Able to operate from existing road surface without damaging road surface.

c. Cutting head able to cut to within 4 inches of ground surface.

10. Front End Loader:

a. Engine rating at least 75 hp.

b. Bucket with at least 3.0 cubic yard struck capacity.

11. Backhoe Loader:

a. Engine rating of at least 78 hp.

b. Loading bucket

12. Walking Backhoe/Excavator:

a. Four (4) independently hydraulic powered adjustable legs and power driven wheels) with opposable thumb on buck and cable winch with 360o rotation working ability.

b. One Bucket, with digging teeth and hydraulic thumb designed to handle boulders and logs, 18-24".

c. Ability to operate in 5 feet of water and work on 1:1 slope.

d. Diesel engine with a minimum power (Net) of 55 h.p. (If other than 55 h.p., meaning

78 h.p. or larger, provide pricing and equipment description as specified on Page 54 herein.)

e. Minimum backhoe reach of 25 feet (horizontal) and minimum backhoe digging of 15 feet (horizontal) reach.

f. Hydraulic winch mounted on the machine with a minimum of 150 ft of ½ inch cable rated at 10,000 lbs or more.

g. Pads on legs with teeth may be needed to exit streams.

h. Capable of propelling itself with four (4) rubber tires.

i. Power to the rear tires or all 4 tires.

13. Utility and Support Vehicles:

a. On highway vehicle.

b. Able to Service all listed equipment.

Requirements of all equipment:

1. All equipment and vehicles to be used at the job site shall be cleaned and free of invasive species (noxious weeds), seeds, external grease and oil and shall be inspected prior to entrance onto Federal lands. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the Contractor or Subcontractor.

2. All protective plating and armoring shall be intact and properly functioning on the equipment to reduce the potential for damaging hydraulic hoses or the undercarriage.

3. Spill kit approved by OSHA for petroleum product leaks will be on site at all times.

Labor Rates:

Task orders issued under this contract shall require Service Contract Act wage rates or Davis-Bacon wage rates or both depending on specific activities within the task order.

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

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(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 notify in event of defective invoice; and

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

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

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

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

Management, or 52.232-34, Payment by Electronic Funds Transfer—

Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5

CFR part 1315.

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

(i) Payment.

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

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

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

1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Contracting Officer.

(6) Interest.

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

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

Contractor;

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 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.

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the

SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart

42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s

SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 Use 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.

https://www.acquisition.gov/

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

NUMBER TITLE DATE

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.232-11 EXTRAS APR 1984

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

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS 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

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled prior to commencement of work on any awarded Order against the BPA. The conference will be held at location to be announced.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference.

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 * calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than *. Estimated start date is *. *AS SPECIFIED ON INDIVIDUAL ORDERS

SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, within 10 (ten) days from receipt of a request from the Contracting Officer, submit a time chart or schedule of proposed progress to ensure completion of the work within the time set forth in this contract. If the Contractor’s progress falls behind the schedule, Contractor shall take such action as necessary to improve progress; in addition the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time specified.

BLANKET PURCHASE AGREEMENT AWARDS:

This is NOT a Time and Materials Ordering contract vehicle. An Order will be issued prior to performance on a negotiated lump sum basis or utilizing Forest Service

Specification pay items. The hourly pricing requested will initially be utilized for price evaluation purposes in selecting a “Best Value” contractor. However, the Government shall terminate any successful contractor’s Agreement should their Order lump sum pricing not be a reflective derivation of the pricing they propose herein.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from Date of award through June 15, 2021.

(b) All BPA Calls are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

ORDERING PERIOD, OPTION YEAR I

Upon Exercise of the option, the ordering period of this contract shall extend from MAY 23, 2016 to June 15, 2017.

ORDERING PERIOD, OPTION YEAR II

Upon Exercise of the option, the ordering period of this contract shall extend from June 16, 2017 to June 15, 2018.

ORDERING PERIOD, OPTION YEAR III

2018 to June 15, 2019.

ORDERING PERIOD, OPTION YEAR IV

2019 to June 15, 2020.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractors shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

ORDER PROCEDURES (Multiple Award)

The following provision defines the process by which (1) Fair Opportunity for Award will be afforded;

(2) Orders will be processed and priced; and (3) Order will be awarded.

(a) FAIR OPPORTUNITY FOR CONSIDERATION:

1. One or more Orders may be issued during the performance period of the resulting Blanket Purchase Agreement. The Contracting Officer's (CO) decision to issue an 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 $2,000 and/or $2,500 unless one of the conditions in paragraph (2) below applies.

2. Exceptions to Fair Opportunity for Consideration: Awardees will not be given a fair opportunity to be considered for requirements which are expected to exceed $2,000 and/or $2,500 when the Contracting Officer determines one of the following conditions apply:

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

B. The agency need to meet Socio-Economic goals and FAR requirements for Set-Asides.

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

D. 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

E. 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.

(b) Selection Criteria For Awarding an Order.

The Government will evaluate the Order proposals against selection criteria. At a minimum, the Government’s award decision will be based on selection criteria addressing relevant past performance, availability, and price.

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 Agreement. As work proceeds under this Agreement, it is probable that the relevant past performance data submitted with the original Agreement solicitation proposal will be disregarded for current performance reports received on Orders performed under an Agreement. In addition, individual Order selection criteria may include other factor(s) relevant to the particular Order. The order of importance for the factors will be identified on each individual project Order.

(c) Proposal Process

1. A warranted Contracting Officer, regardless of Agency, responsible for Acquisitions within the Area defined in the Scope of Work must issue any Order exceeding $2,000.00. The Contracting Officer will issue an Order Quote Request to all contractors within a designated work activity; unless the work is specifically set aside for HubZone, 8(a), or Cooperators providing matching value under a designated Stewardship Area. If a Fair Opportunity Exception Applies, the Order quote request will be issued to the designated group or single contractor, as applicable. The 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 Order 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.

2. Awardees under their Blanket Purchase Agreement will generally be allowed 10 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 Order quote request. If an awardee is unable to perform a requirement, the awardee may “NO BID” the Order quote request. All “NO BIDS” shall include a brief statement as to why the awardee is unable to perform (i.e., Conflict of Interest). While no mandatory requirement exists for the submission of a proposal, firms consistently declining to submit offers for availability reasons may jeopardize their ability to receive future Orders.

3. Technical Proposals. An 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)

* Key Personnel utilized

* Health and Safety Plan

* Performance Work Plan Schedule

* Traffic Safety Plans

Technical proposal information will be streamlined to no more than 5 pages; excluding any Safety Plan augments and the Performance Work Plan Schedule. Proposals shall not merely restate the Order’s work statement requirements.

4. Price Quotes. A written price quote will always be required on the face of each Order 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 Order 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 an Order to the awardee whose proposal is most advantageous to the Government.

6. While the event is unlikely and not the appropriate method for issuance of an order, in the event that there is a failure to reach agreement on price for any order issued before its price is established, it shall be considered a dispute under the Disputes clause included herein.

7. Order Issuance: Orders may be issued verbally, by facsimile, or by electronic commerce methods. However, all orders must be finalized in writing and provided to the Contracting Officer with the appropriate signatures and agreed upon pricing for stated pay items.

8. Unauthorized Work: The Contractor is not authorized to commence performance prior to issuance of a signed Order and Notice to Proceed or verbal approval provided by the CO to begin work.

9. Order Funding Restrictions: No unfunded tasks are authorized under this Agreement.

10. The acceptance of a vendor’s quote/proposal by Contracting Officer and any subsequent issuance of a signed Order makes said Order a binding contract.

SAFETY

The following are some potential safety hazards which the contractor should be prepared to address.

1. Traffic hazards 4. Heavy equipment operations

a. Narrow Gravel or native surface forest roads a. Backing into objects

b. Long, steep grades (less than 20% b. Steep side slopes or soft ground for rollovers

c. Logging Traffic c. Refueling hazards

d. Unskilled visitor traffic d. Exceeding equipment limitations

e. Dusty conditions hindering visibility behind vehicles e. Unsafe equipment / lack of safety equipment

2. Work environment f. Operator fatigue

a. Inclement weather for potential hypo/hyperthermia 5. Excavation

b. High winds that can bring down trees and rocks a. Slope or trench wall instability

c. Wet, snowy or ice conditions making ground unstable 6. Truck Driving & Trailer Towing

d. High db noise a. Increased stopping distance

e. Insects, plants, animals b. Loads insecurely lashed

3. Communications c. Low clearances (power lines, etc.)

a. Cell phone or radio availability for emergencies 7. Hazard Tree

Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist during operations. Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards.

This plan shall be provided to the Contracting Officer (CO) at the post award conference.

LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(NOV 1996)

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

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. The Contractor at Contractor’s expense will correct any damage resulting from operations rendering the material unsuitable for use, or results in potential siltation of streams.

CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size or posted limits without valid State or Government overload permits, damaging a road while using it, and blocking a road open to use by others, except as may otherwise be provided in the contract.

(3) Any vehicle, used by Government contractors, their subcontractors and/or suppliers, weighing more than 80,000 pounds or with axle weights and/or axle spacings not in conformance with Oregon Weight Table 1 require a bridge overload permit with the Government.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Government roads in the construction area.

ROAD MAINTENANCE REQUIREMENTS

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the CO, Contractor road maintenance responsibility shall terminate.

TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail.

All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF

EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the

Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire – The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies – When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition. All debris shall be disposed off Federal Lands and in accordance with State and Local disposal requirements.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

GOVERNMENT-FURNISH PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-2 "Government Property (Fixed-Price Contracts)" hereby incorporated by reference into the contract in accordance with FAR clause 52.252-2 “Clauses Incorporated By Reference” found herein.

Item No. Property to be furnished Quantity Delivery Date

* Note: The Items, Quantity, and Delivery Date will be specified and provided with each Order.

FERM Blanket Purchase Agreement – Schedule of Items

PRODUCT SUBSTITUTION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made…