EQUIPMENT_RENTAL_BLANKET_PURCHASE_AGREEMENT.rtf

BLANKET PURCHASE AGREEMENT (BPA)

I. ADMINISTRATIVE REQUIREMENTS

A) DESCRIPTION OF AGREEMENT:

The Vendor, under proper Task Order issued by a person authorized below, will furnish equipment rental with operator on an hourly basis within the limits of this agreement. Awarded Task Orders will require Vendor to provide Equipment with Operator(s) on an hourly basis in compliance with the terms, conditions specifications, and provisions of this agreement. This includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work as described in awarded Task Orders (see Technical Specifications for further explanation of work scope).

This agreement may be used to perform work up to $25,000 per single Task Order in circumstances where Government estimation of the work by task is not feasible other than on an hourly, time and materials basis. It is expected that most orders will be placed as a result of unexpected contingent events where quick mobilization by a Vendor will be desired.

This agreement is effective upon signature by the Contracting Officer and shall remain effective for five years, until the $150,000 total threshold is reached, or until cancelled in writing by either party.

B) COMPETITION:

Orders under $2,500 may be awarded to any BPA-holder without further competition.

Orders over $2,500 will be competed among all District BPA-holders per District. The decision to award a Task Order will be based upon on (a) hours per machine needed to complete the work estimated by the Vendor; (b) ability of the Vendor to complete project within the necessary timeframe, including consideration of status of other contracts outstanding at time of Task Order, and (c) past performance on earlier tasks. The relative importance of the criteria will vary according to the Task Order. The CO will review and award the Task Order based on these criteria. Mobilization will be calculated at twice the hourly rate as described in the Technical Specifications.

C) EXTENT OF OBLIGATION:

The Government is obligated only to the extent of the authorized purchases made by awarded Task Order under the BPA by the person(s) designated below.

D) NAMES OF AUTHORIZED INDIVIDUALS AND THEIR SINGLE ORDER DOLLAR LIMITATIONS:

Only the following individuals are authorized to place orders, by telephone, by facsimile, in person or by issuing an Authorized Task Order form, under this BPA, within the dollar limitation shown:

$2,500: Tanya Mitchell (Clinch Ranger District) Jean Bradley (Eastern Divide Ranger District) Kathy Spurgeon (James River and Warm Springs Ranger Districts) Tina Southall (Glenwood/Pedlar Ranger District) Donna Burns (North River Ranger District) Karen Williams (Lee Ranger District)

$10,000: Margaret Patterson, Purchasing Agent (Mount Rogers National Recreation Area)

$25,000: Anna Bryant, Purchasing Agent (Supervisor’s Office) Sherry Helmick, Purchasing Agent (Supervisor’s Office) Laura Ingram, Contracting Officer (Supervisor’s Office)

Additional authorized individuals may be added by the Contracting Officer with the execution of each agreement, or at future dates by signed letter of modification. Other warranted Forest Service Purchasing Agents and Contract Specialists may use these agreements to the limit of their purchasing authority or $25,000 per order, whichever is less.

E) PURCHASE LIMITATIONS:

The Vendor shall verify the name/identity of the individual placing each order under this agreement. No single purchase shall be placed without the approval of an Authorized Individual. No conditions other than those specified herein shall be applicable to purchases made under this agreement.

F) PRICING AGREEMENT:

Prices on all services ordered hereunder shall be as low as or lower than the current commercial rate quoted the most favorable customers under orders for comparable quantities and having similar terms and conditions.

Vendors shall indicate whether or not they will apply DISCOUNTS for Prompt Payment of orders paid by Government Purchase Card (if the vendor accepts credit cards).

Hourly rates will be based on pricelists submitted in response to Solicitation RFQ AG-3395-S-12-0006. After agreement execution, prices can be modified by the vendor by a hard-copy letter to the Contracting Officer (to reflect significant fuel increases or other pertinent factors).

G) PROCEDURES FOR PLACING AND ACCEPTING ORDERS:

No single purchase made under this agreement will exceed $25,000, and the yearly total may not exceed $150,000.

PLACING ORDERS—GOVERNMENT: Individuals designated above in Section D may place orders by telephone, in person, or by issuing an authorization slip to the Vendor in person, by phone, by fax or via email (if authorized by vendor).

Individuals placing telephone orders must: (a) Identify himself/herself to the Vendor; (b) Identify the BPA call number; (c) give the Vendor the required quantity of hours and mix of equipment.

If an authorization slip is used, it must be (a) signed and dated by one of the individuals authorized in Section D; (b) identify the BPA number and the Authorization (“Call”) Number; (c) List the equipment and hours that will comprise the task order.

ACCEPTING ORDERS—VENDORS: The Vendor will accept orders from only those individuals listed in Section D and shall reject all other orders. If a telephone order is placed, the Vendor will require the caller to identify himself/herself by name and confirm that the name given is authorized in Section D above to place orders under this BPA. If an authorization slip is used, the Vendor will check that the signature on the slip is that of one of the individuals authorized in Section 3. NOTE: Acceptance, by the Vendor, of orders placed by unauthorized individuals will be AT THEIR RISK and payment cannot be guaranteed by the Government.

H) REQUIREMENTS FOR SUBMITTAL OF A PROPER INVOICE:

Invoices should be submitted at the completion of each awarded task. Reference FAR 52.232-7, Payments Under Time-and-Materials and Labor Hour Contracts (AUG 2012) (with attachments).

Submit 1 copy of Invoice to both the Supervisor’s Office (address below) and Authorized Individual Designated on the Task Order (Ordering Office will appear on the final executed agreement):

I) PAYMENT:

Payment of Invoices will be made by the Office DESIGNATED ON THE TASK ORDER AUTHORIZATION FORM (see above). Payment may be made by either Government VISA Purchase Card or through the System for Award Management and National Finance Center approved payment process.

J) GENERAL:

All accepted orders shall be subject to the Terms and Conditions of Commercial Item Purchases that will be attached to each order exceeding $2,500: FAR 52.212-4 Contract Terms and Conditions – Commercial Items (JUNE 2010) and FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (NOV 2011). (See attached)

II. TECHNICAL REQUIREMENTS/SPECIFICATIONS FOR BPA AG-3395-B-12-00____

A) EQUIPMENT/OPERATOR REQUIREMENTS AND MOBILIZATION:

All equipment proposed to be used for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of awarded Task Orders. The Vendor shall use only experienced, licensed operators with a minimum of 5 years of full-time experience in the stated work and in the operation and maintenance of the required equipment.

The Vendor’s proposed equipment shall be made available to the CO for inspection prior to award of the agreement. If at any time during the performance of any awarded Task Order any equipment is deemed unsatisfactory, the CO may order that a satisfactory replacement be made within 24 hours at the Vendor's expense. Mobilization shall be paid for at a rate of two (2) hours (at the fixed hourly rate) for each piece of equipment being provided. This payment shall cover mobilization to the first site and demobilization from the last site on any single Task Order. In the case of multiple work sites on a single Task Order, one (1) hour of mobilization shall be paid per machine for movement to each additional work site. Any movement or transportation of equipment to or from the work areas for the Vendor's convenience, or in order to repair or replace work that has been deemed unacceptable by the Contracting Officer’s Representative (COR) shall be at the Vendor's expense.

B) SUPERINTENDENCE BY THE VENDOR:

At all times during the performance of the work under awarded Task Orders and until the work is completed and accepted, the Vendor shall directly supervise the work or assign and have on the work site a competent superintendent who is satisfactory to the CO and has authority to make commitments regarding time and/or money. The superintendent shall be designated in writing to the CO prior to the commencement of work on the first awarded Task Order.

C) PUBLIC SAFETY AND TRAFFIC CONTROL:

The Vendor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to, road users or others within the work area. The Vendor is to pursue all work in accordance with all Federal, State and Local laws governing the transportation and work being performed.

The Vendor shall post warning signs on each end of the road being worked. Ideally, placement of signage shall be as such to allow an opportunity for vehicles to safely turn around using a turnout or parking area (if available) before approaching the work area. Signs are to be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devices", (MUTCD) and as follows:

• Warning signs shall have a black legend on an orange background.

• The use of standard orange flags or yellow flashing warning lights in conjunction with signs is required.

• All signs shall be minimum size 30"x30".

• As a general rule, signs shall be located on the right-hand side of the roadway.

• Signs mounted on barricades or temporary supports shall be not less than one foot to the bottom of the sign from the road surface.

• Signs shall be no more than 2 miles apart, and when considered necessary by the COR, may be placed closer to actual work.

• Required signs shall be placed to ensure that traffic is warned from each direction.

These signs shall be moved as required per the MUTCD to properly delineate and identify the section of the road that is being worked. At no time shall these signs be more than two (2) miles from operating equipment and shall be in place only when road equipment or persons are performing operations. All slow moving equipment is to have a reflectorized "slow-moving vehicle” emblem properly attached.

All work requiring closure of a road must be scheduled and approved by the COR prior to the commencement of that portion of work. In instances where the road cannot be closed, all work is to be scheduled so that at the end of a working day, the road is passable for the type of traffic normally using the road, unless otherwise approved in advance by the COR.

D) ACCEPTANCE OF WORK:

All items of work required by the Task Order must be satisfactorily completed in accordance with the applicable specifications, inspected and accepted by the COR, and documented in writing. When work is complete, the Vendor shall request inspection and acceptance of the completed work. Unacceptable work shall be re-accomplished at the Vendor’s expense.

Once work has begun on a District, all work shall be completed and all items accepted before moving to another district, unless an alternative schedule allowing operation by an individual Vendor using multiple work crews to work in more than one district is approved by the COR. This requirement applies when an individual Vendor is awarded more than one district and/or is working on multiple Task Orders.

E) TASK ORDERS:

When the need for a Task Order arises, the BPA-holder(s) for the appropriate District will be notified and will be given the location of the work and a full description of the work to be performed. A site visit may be arranged at the request of the COR or the BPA-holders(s), or the BPA-holders may visit the site at their convenience. (An order may also consist of a specified number of machine hours, i.e. 8 hours of dozer work). The BPA-holders(s) shall respond within 3 business days of receiving the notification of work with an estimate of the time needed to complete the work (hours per machine) and the date available to begin work.

Task orders will be evaluated on (a) hours per machine needed to complete the work (b) ability of the Vendor to complete project within timeframe needed, including status of other contracts outstanding at time of Task Order, and (c) past performance on earlier tasks. The relative importance of the criteria will vary according to the Task Order. The CO will review and award the Task Order based on these criteria.

Once a Task Order awardee is authorized to begin work, that awardee must begin within 3 business days of receiving the authorization to work, including mobilization of any required equipment. If an awardee who is actively operating under a previously issued Task Order receives an additional Task Order within the District for the same piece of equipment, that awardee and the COR shall negotiate a start date to respond to the subsequent Task Order. Unless otherwise specified in the Task Order or by agreement with the COR, the work required by a Task Order shall be completed within 5 business days of the start of work.

Each complete, awarded task order will consist of an OF-347, Exhibits A, B, and C, the Supplemental Specifications, Figure 101-1, applicable Service Contract Act Wage Determination (will be listed on the OF-347), FAR 52.212-4, FAR 52.212-5, and any other technical information pertinent to a particular task order (see Attachments below).

F) SCHEDULE OF WORK:

Task Orders may be placed throughout the effective period of the agreement. Task Orders issued by the Government will detail the areas to be worked and the contract time for performance. Actual services ordered will depend upon existing conditions at the time the request is made.

All work shall be performed between the hours of 7:00 AM and 6:00 PM on weekdays (exclusive of Federal Holidays). Approval to work outside these hours must be obtained from the COR. The Vendor must notify the COR a minimum of 24 hours prior to beginning and 24 hours prior to completion of work.

G) KEY PERSONNEL:

The Vendor shall assign to awarded task orders the following key personnel:

Vendor’s Representative or Superintendent

Equipment Operator(s) (for each piece of equipment provided)

H) ACCOMPLISHMENT RECORDS AND REPORTS:

The Vendor shall maintain detailed records of daily accomplishments, hours of equipment use, and work hours of personnel on Exhibit A, Daily Accomplishment Report. These records shall be delivered to the COR at the completion of each Task Order and shall become the property of the Government. No payment shall be made prior to receipt of these records.

I) TECHNICAL SPECIFICATIONS:

The various types of equipment to be provided include the following minimum sizes. (Brands are specified for reference only.) Bidders shall note that though these are specified as the minimum that will be accepted, worksite characteristics may prohibit equipment that is larger than the size provided below.

• Motor Grader, CAT 120M with 12- 14’ Moldboard, 138 HP

• Wheeled Loader/Back Hoe, CAT 420E, 93 HP, min. 14’ digging depth

• Track-Type Tractor/ Bulldozer with Ripper, CAT D5K, 96 HP

• Hydraulic Track Excavator with Rock Breaker*, CAT 320DL, 148+ HP, 25-36 Tons

• Hydraulic Track Excavator with Rock Breaker*, CAT 312D, 80-125 HP, 13-22 Tons

• Tracked Loader, CAT 953D, 148 HP

• Small Dump Truck (5 CY Capacity)

• Large Dump Truck (10+ CY Capacity) Trail Dozer, Tracked, 56, 48” wide, 6 –way hydraulic blade and 3-shank ripper minimum (Typical equipment—SWECO 450, SWECO 480 SUTTER 480 or equivalent), Walk-Behind or Stand-On Trail Machine, 24 HP, 24” wide, 6-way hydraulic blade, minimum (Typical equipment—Toro Dingo Compact Utility Loader model 425 or model TX-525, Ditch-Witch Compact Tool Carrier model SK-500, SK-650, or XT-850 or equivalent) Mini- or Compact Excavator, Tracked, width 7’, 13 HP, 10’ digging depth, with blade (Typical equipment—JD 50X, IHI 30NX, Kubota KX-121 or equivalent) Micro-Excavator, Tracked, width 48”, 13 HP, 7’ digging depth, with blade (Typical equipment—JD 17C, IHI 15NX, Kubota KX-41 or equivalent)

*Rock breaker attachment on either excavator is acceptable. Two breakers are not required.

It is the responsibility of the Vendor to demonstrate to the COR that the equipment offered meets the requirements above. All work required by the awarded Task Order, (i.e. earthwork, excavation, culvert replacement, etc.) shall be performed to the standards specified herein, to the standards provided in Exhibit B, Typical Sheets, and according to the Federal Highway Administration’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03, US Customary Units). These specifications are considered to be a part of this agreement and any awarded Task Orders and applicable supplements are provided via attachment. Details of work required will be provided in each Task Order. Task Order may require Vendor to work with materials provided by the Forest Service (i.e. culverts, aggregate, riprap). These materials may be provided as Government Furnished Property.

Excavation/backfill and grading shall be paid for under their corresponding equipment rates. All culverts and other items (and resulting debris) that are to be removed shall become the property of the Vendor and shall be disposed of off of National Forest property. Construction slash shall not be left within 50’ of any stream or within 10’ of the traveled way.

J) ATTACHMENTS:

Exhibit B: Typical Culvert Sheet (1 page) Exhibit C: Supplemental Specifications to the Standard Specifications for Roads and Bridges on Federal Highway Projects (54 pages) Figure 101-1 Road Structure Terms (1 page)

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (FEB 2012) (9 pages) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (NOV 2011) (4 pages) Agriculture Acquisition Regulations clauses that will be included in each Task Order (2 pages)

52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2011) (Offeror must complete this certification online at https://orca.bpn.gov or print this clause in full, complete the appropriate blocks, and submit with your offer)

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

The Offeror does [ ], does not [ ] (check one) have 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.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 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

(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.

BPA Number: AG-3395-B-13-00____

VENDOR Official Executing Agreement:

NAME: DATE

Title:

USDA, Forest Service Official Executing Agreement:

LAURA M. INGRAM DATE

Contracting Officer

SCHEDULE OF ITEMS: HOURLY EQUIPMENT RATES

Assign rates for rental of the following equipment, including an operator and all operating supplies and labor delivered to the job site. An hourly bid must be provided for each item within a district. Offerors may bid in multiple districts.

Sizes Required (or equal) Hourly Rate:

Clinch Ranger District Hourly Rate:

Mount Rogers National Rec Area Hourly Rate:

Eastern Divide Ranger District Hourly Rate:

Glenwood-Pedlar Ranger District Hourly Rate: James River Ranger District Hourly Rate: Warm Springs Ranger District Hourly Rate: Lee Ranger District Hourly Rate: North River Ranger District Motor Grader, CAT 120M with 12- 14’ Moldboard, 138 HP Loader/Back Hoe, Rubber Tired, CAT 416E, 79-95 HP, 14-16’ digging depth Track-Type Tractor/ Bulldozer with Ripper, CAT D5K, 96 HP

Hydraulic Track Excavator, CAT 320DL, 148+ HP, 25-36 Tons

Sizes Required (or equal) Hourly Rate:

Clinch Ranger District Hourly Rate:

Mount Rogers National Rec Area Hourly Rate:

Eastern Divide Ranger District Hourly Rate:

Glenwood-Pedlar Ranger District Hourly Rate: James River Ranger District Hourly Rate: Warm Springs Ranger District Hourly Rate: Lee Ranger District Hourly Rate: North River Ranger District Hydraulic Track Excavator, CAT 312D, 80-125 HP, 13-22 Tons

End Dump Truck (Small, 5 cubic yard capacity)

End Dump Truck (Large, 10+ cubic yard capacity) Wheeled Loader, CAT 966G or 966G-II with IronWolf Series 840 Crusher

Tracked Trail Dozer, 56 HP, 48”-wide, 6-way hydraulic blade and 3 shank ripper

Clinch Ranger District Hourly Rate:

Mount Rogers National Rec Area Hourly Rate:

Eastern Divide Ranger District Hourly Rate:

Glenwood-Pedlar Ranger District Hourly Rate: James River Ranger District Hourly Rate: Warm Springs Ranger District Hourly Rate: Lee Ranger District Hourly Rate: North River Ranger District Tracked “Trail Machine”, 24 HP, 24” wide, 6 way hydraulic blade

Tracked Mini-or Compact Excavator

Tracker Micro-Excavator

Other Equipment Offered:

Clinch Ranger District Hourly Rate:

Mount Rogers National Rec Area Hourly Rate:

Eastern Divide Ranger District Hourly Rate:

Glenwood-Pedlar Ranger District Hourly Rate: James River Ranger District Hourly Rate: Warm Springs Ranger District Hourly Rate: Lee Ranger District Hourly Rate: North River Ranger District