AGGREGATE_BLANKET_PURCHASE_AGREEMENT 1 .rtf

BLANKET PURCHASE AGREEMENT (BPA) FOR AGGREGATE

I. ADMINISTRATIVE REQUIREMENTS

A) DESCRIPTION OF AGREEMENT:

The Vendor, under proper Task Order issued by a person authorized below, will provide all labor, supervision, materials, equipment, transportation, permits, insurance and incidental supplies necessary to furnish and deliver various grades of stone/crushed aggregate to designated locations on the George Washington & Jefferson National Forests, in accordance with the specifications and attachments hereto, which form a part of the solicitation and any resultant Task Orders.

Contractors must furnish a per ton/mile hauling charge for each District for which a material unit price is quoted.

The primary purpose of Task Orders awarded against this BPA will be for furnishing and delivering the stone to Forest Service roads and road related projects. The secondary purpose is for furnishing and delivering small quantities of stone to non-road project areas such as recreation areas and wildlife projects.

Vendors are not required to furnish pricing for all line items. Current unit prices shall be the basis for all subsequent delivery orders issued against the executed agreement(s). Actual Task orders will be paid at the unit prices offered. After agreement execution, prices may be modified by the Vendor to reflect significant fuel increases or other pertinent factors by a hard-copy letter to the Contracting Officer .

This agreement may be used to perform work up to $25,000 per single Task Order. This agreement is effective upon signature by the Contracting Officer and shall remain effective for five years, until the $1,000,000 total threshold is reached, or until cancelled in writing by either party.

B) COMPETITION:

Orders under $3,000 may be awarded to any BPA-holder without further competition.

Orders over $3,000 will be competed among all District BPA-holders per District. The decision to award a Task Order will be based upon a (1) unit price for the quantities of stone ordered; (2) the cost of hauling from the quarry to the delivery location, if applicable; (3) the ability of the Vendor to complete delivery within the necessary timeframe, including consideration of status of other contracts outstanding at time of Task Order, and (4) 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.

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:

$3,000: 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 supplies/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).

Material prices and haul rates will be based on pricelists submitted in response to Solicitation RFQ AG-3395-S-13-00024. 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). Mileages for the haul rates will either be calculated by the Forest Service or obtained via quote from the quarry at the time an order is contemplated.

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 aggregate and a description of the location for delivery (by narrative, map or GPS coordiantes).

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 aggregate quantities and location (with estimated mileage to the site) 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 order.

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 $3,000: 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-13-00____

A) SCOPE OF WORK:

The Forest Service (FS) has a requirement to establish a Blanket Purchase Agreements for the purchase and delivery of stone and aggregate throughout the George Washington & Jefferson National Forests consisting of seven (8) Ranger Districts and one National Recreation Area. Establishment of multiple fixed-price agreements is anticipated.

Vendors shall provide all labor, materials, equipment, tools, supplies, transportation, and incidentals necessary to supply stone and aggregate to the Forest Service at the locations and under the conditions specified in this agreement for which the desired outcome is in strict accordance with the standards of each delivery order. The terms “Contractor” and “Vendor” used in the specifications and elsewhere in the agreement are interchangeable.

B) LOCATION:

The George Washington & Jefferson National Forests have approximately 1,250 miles of single lane (including turnouts/turnarounds) aggregate, improved native and native surfaced roads; 100 miles of two lane aggregate, improved native and native-surfaced roads and 100 bridge structures. Typical roads contain an average of 35 culverts or drainage dips per mile, and approximately 4 sign posts per mile. Typical roads also have some roadside ditches the full length of each mile of road. Most roads are located in forested areas with heavy vegetation beside and overhead of roads.

Clinch Ranger District, 9416 Coeburn Mountain Road, Wise, VA 24293

Eastern Divide Ranger District, 110 Southpark Drive, Blacksburg, VA 24060 Virginia: Alleghany, Bland, Botetourt, Craig, Giles, Montgomery, Pulaski, Roanoke, Tazewell, Wythe West Virginia: Monroe

Glenwood & Pedlar Ranger District, 27 Ranger Lane, Natural Bridge Station, VA 24579 Virginia: Amherst, Augusta, Bedford, Botetourt, Nelson, Rockbridge

James River Ranger District, 810-A Madison Ave, Covington, VA 24426

Lee Ranger District, 102 Koontz Street, Edinburg, VA 22824 Virginia: Frederick, Page, Rockingham, Shenandoah, Warren West Virginia: Hampshire, Hardy

Mount Rogers NRA, 3714 Highway 16, Marion, VA 24354 Virginia: Carroll, Grayson, Smyth, Tazewell, Washington, Wythe

North River Ranger District, 401 Oakwood Drive, Harrisonburg, VA 22801

Warm Springs Ranger District, 422 Forestry Road, Hot Springs, VA 24445 Virginia: Bath, Highland

C) DELIVERY:

Performance of individual deliveries will be accomplished by the issuance of Task Orders against the Blanket Purchase Agreement. The executed agreements and Task Orders shall constitute the entire agreement including all terms and conditions applicable to each individual order.

The FS may purchase aggregate and stone via: 1) Direct delivery, loaded into Forest Service trucks, or 2) FOB Origin with delivery to any site located within the George Washington & Jefferson National Forests. Delivery to be made at the designated project site in a manner described on the Task Order and as directed by the COR, and will be weather dependent. Coordination with other Forest Service contract work may be required.

Placement method may include tailgate spreading, directly onto a roadway, or dumping the aggregate into a stockpile. Placement of aggregate shall be as directed by the Forest Service on-site representative. In place aggregate shall be compacted by operating equipment over the full width of the placement until visible compaction ceases.

There may be individual days or a series of days when delivery is not needed during the task order period of performance. Deliveries made to designated points will be accomplished using the most suitable route from the Vendor’s aggregate storage site to the midpoint of the project as determined by the COR and used to compute the haul distance for the purpose of computing ton-miles.

Vendor shall have the capacity to deliver a minimum quantity of 250 tons per day to any designated site when directed by a Delivery or Task Order.

D) QUANTITIES:

The total value of the agreement shall consist of the quantities actually ordered for delivery during the term of the agreement.

Unit prices for material and for hauling shall be used as the basis for all subsequent delivery orders issued against the executed agreement Awarded delivery orders will be paid at the unit prices offered in response to this solicitation or at prices as modified by the vendor in writing throughout the life of the agreement in response to market conditions.

Minimum and Maximum Quantities

Total amount of aggregate ordered against any agreement will not exceed $1,000,000. Actual amounts ordered per individual task order will range from $3000 (or less) to $150,000 per order. There is no guaranteed minimum amount per agreement.

The Government may establish multiple agreements for individual items described in the Schedule of Items per each District. If such awards are made, delivery orders will be awarded on the basis of a price comparison of the value of the material being hauled and the per ton-mile hauling price from the quarry to the work site. Delivery orders will be awarded based on the resulting best price to the Government.

E) MATERIAL SPECIFICATIONS:

All stone shall comply with the applicable current Virginia or West Virginia Division of Highways Specifications for Roads and Bridges.

F) EQUIPMENT:

Trucks used for hauling the aggregate material shall have a clean, tight bed. A minimum payload capacity per truck of 15 tons is strongly preferred. In rare circumstances and in certain locations, trucks with payloads of 10-12 tons. MAY be considered acceptable, but the Government reserves the right to refuse delivery using trucks with payloads less than 15 tons at any time. The number of trucks required per task order will vary from one to three. Inspection of equipment shall be allowed during all segments of the delivery process. Acceptance of the in-place aggregate shall be contingent upon approval by the Forest Service. Materials and in-place product shall comply with VDOT specifications.

G) HAULING AGGREGATE TO FS PROJECTS BY CONTRACTOR:

The contractor shall deposit aggregates at the project site at the locations and in a manner directed by the FS. This may include tailgating the aggregate onto a roadway, or dumping the aggregate into a stockpile.

The Contractor shall offer:

Price per ton for aggregate and riprap; and price per ton-mile for each location for which they are interested in hauling.

IT IS NOT MANDATORY TO QUOTE FOR ALL LOCATIONS OR FOR ALL STONE-TYPES.

H) WEIGHING OF MATERIALS:

Material delivered by truck shall be weighed in accordance with current Virginia and West Virginia Division of Highways Specifications for Roads and Bridges. Certified weight tickets for the aggregate delivered and placed as directed will be the basis for payment. Moisture required for Stone and Crushed Aggregate shall be added after loaded trucks have been weighed. Copies of weight tickets shall be provided to the COR upon delivery of materials.

I) SAMPLING AND TESTING:

Sampling and Testing for quality of all items furnished through this agreement will be the responsibility of the Contractor. The government retains the right to perform acceptance testing. The Vendor will be responsible for providing test results attesting to the gradation of materials delivered. Contractor is responsible for providing necessary sampling and testing for applicable sections shown in the current applicable Virginia and West Virginia Division of Highways Specifications for Roads and Bridges.

J) ACCEPTANCE PLAN :

Material failing to comply with the quality requirements will not be accepted.

K) VENDOR’S INVOICES:

Vendor’s invoices must be submitted in original and contain the following:

All weigh ticket numbers for material delivered during the invoicing period.

FS BPA Number and BPA Call Task Order designations.

Total Quantity and unit price with the total cost of each type of material furnished. (Total quantity invoiced shall be scale weights – supported by weigh tickets.)

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users. Whenever possible, the road shall remain passable to traffic while work is being performed. The Contractor shall be held liable for any damage caused by his personnel or equipment to any existing structures such as bridges, culverts, signs, guardrails, or any other Government infrastructure or property. Repair or replacement to these structures shall be at the Contractor’s expense. The Government shall not be liable to loss, damage, or destruction of equipment furnished by the Contractor.

L) TASK ORDERS:

When the need for a Task Order arises, BPA-holder(s) for the appropriate District will be notified and will be given the location of the work by physical description, map or GPS coordinates, and a full description of the aggregate types, amounts and required placement methods to be ordered. The BPA-holders(s) shall respond within 3 business days of receiving the notification of work with a mileage price quote confirmation and the date available to begin work.

BPA holders may make changes to their unit prices (including to their haul rates) at any time throughout the life of the agreement by written letter to the Contracting Officer. Likewise, the Forest Service may make a request for a reduction in haul rates depending upon current market conditions.

Once a Task Order awardee is authorized to begin work, that awardee must be capable of delivering the material within 3 business days of receiving the authorization to work. 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 the OF-347, FAR 52.212-4 and FAR 52.212-5 (incorporated here for reference), and any other information pertinent to a particular task order (see Attachments below).

M) SCHEDULE OF WORK:

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

All work shall be performed between the hours of 8:00 AM and 5:00 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.

N) KEY PERSONNEL:

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

Vendor’s Representative

O) ATTACHMENTS:

Terms and Conditions of Commercial Item Purchases that will be attached to each Task Order exceeding $2,500:

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: AGGREGATE WITH HAUL

Assign rates for aggregate, including a haul rate for delivery to the job site. Offerors may bid in multiple districts. It is not mandatory to bid on all aggregate types. *HAUL CHARGE WILL ONLY BE PAID FROM THE QUARRY TO THE DELIVERY SITE.

Aggregate Type Clinch Ranger District

(per ton) Mount Rogers National Rec Area (per ton) Eastern Divide Ranger District (per ton) Glenwood-Pedlar Ranger District (per ton) James River Ranger District (per ton) Warm Springs Ranger District (per ton) Lee Ranger District

(per ton) North River Ranger District (per ton)

VDOT #21B

Haul Rate per ton/mile Crusher Run or

VDOT #26

Haul Rate per ton/mile

VDOT #57

VDOT #357

Haul Rate per ton/mile

VDOT #3

Aggregate Type Clinch Ranger District

(per ton) Mount Rogers National Rec Area (per ton) Eastern Divide Ranger District (per ton) Glenwood-Pedlar Ranger District (per ton) James River Ranger District (per ton) Warm Springs Ranger District (per ton) Lee Ranger District

(per ton) North River Ranger District (per ton)

VDOT #1

Haul Rate per ton/mile VDOT Class I Rip-rap

Haul Rate per ton/mile VDOT Class II Rip-rap

Haul Rate per ton/mile VDOT Class III Rip-rap

Haul Rate per ton/mile VDOT #10 Dust

Haul Rate per ton/mile

Aggregate Type Clinch Ranger District

(per ton) Mount Rogers National Rec Area (per ton) Eastern Divide Ranger District (per ton) Glenwood-Pedlar Ranger District (per ton) James River Ranger District (per ton) Warm Springs Ranger District (per ton) Lee Ranger District

(per ton) North River Ranger District (per ton) Other Stone Offered:

Haul Rate per ton/mile Other Stone Offered:

Haul Rate per ton/mile

Other Stone Offered:

Haul Rate per ton/mile

Haul Rate per ton/mile

Other Stone Offered:

Haul Rate per ton/mile Aggregate Type Clinch Ranger District

(per ton) Mount Rogers National Rec Area (per ton) Eastern Divide Ranger District (per ton) Glenwood-Pedlar Ranger District (per ton) James River Ranger District (per ton) Warm Springs Ranger District (per ton) Lee Ranger District

(per ton) North River Ranger District (per ton)

Haul Rate per ton/mile Other Stone Offered:

Haul Rate per ton/mile Other Stone Offered:

Haul Rate per ton/mile

Haul Rate per ton/mile Other Stone Offered:

Haul Rate per ton/mile