B08_Solicitation_140L4323Q0009.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

324121

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLHA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/04/2023 0900 PT

12/23/2022

503-808-6553 (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

L. Spiral O'Neil

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4323Q0009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 62OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM OR-ST OFC PROC MGMT BR(OR952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010 TN

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA

Period of Performance: 02/01/2023 to 01/31/2028

Hot Mix Asphalt Concrete, ODOT Class C, ½" Dense, Level 3 Product/Service Code: 5610 Product/Service Description: MINERAL CONSTRUCTION MATERIALS, BULK Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

L. Spiral O'Neil

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Employees

X X

As Indicated on Each Order

As Indicated on Each Order

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Catonic Emulsified Asphalt (Asphalt Tack Coat)

Product/Service Code: 5610

Product/Service Description: MINERAL CONSTRUCTION

MATERIALS, BULK

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

622 of

TN00020

VENDOR POC: _______________________________

VENDOR TELEPHONE: _________________________

VENDOR EMAIL ADDRESS: _____________________

VENDOR SAM UEI NUMBER: _______________________

TOTAL OFFER AMOUNT: $______________________

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 3 of 62

Description of Agreement: This requirement is for a Single-Award or Multiple-Award Blanket Purchase Agreement (BPA) for commercial items supply conducted under FAR Subpart 13.303. The vendor shall furnish Hotmix Asphalt Concrete (Hotmix) and Catonic Emulsified Tack Coat for pick up by government within the state of Oregon for the Bureau of Land Management’s four western BLM districts within the State of Oregon: Medford, Roseburg, Coos Bay, and Northwest Districts as described herein, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during the performance period specified and within the stipulated aggregate amount. All purchases placed under this BPA shall be firm fixed price type.

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA.

Estimated Value of BPA: The total aggregate amount of all purchases under this BPA is expected not to exceed $10,000,000.00. The frequency of purchases are expected to be about 3 BPA orders per year.

Purchase Limitation: The maximum limit per purchase is $250,000.00.

Individuals Authorized to Order Under the BPA: In accordance with the Service First authority (Section 330 of the DOI and Related Agencies Appropriations Act of 2001, Pub. L. No. 106-291, 114 Stat. 922, 996, 43 U.S.C. § 1701 note, as amended by Section 428 of the DOI, Environment, and Related Agencies Appropriations Act of 2006, Pub. L. No. 109-54, 119 Stat. 499, 555; Section 418, Div. E, of the Omnibus Appropriations Act of 2009, Pub. L.

No. 111-8, 123 Stat. 524, 747; and Section 422, Div. E, of the Consolidated Appropriations Act of 2012, Pub. L. No.

112-74, 125 Stat. 1045), this BPA is open to all parties to the current Master Service First Agreement involving offices under the U.S. Department of the Interior and U.S. Department of Agriculture. Orders may be placed by warranted contracting officers (contract specialists and purchasing agents) of the aforementioned agencies within their respective warrant authority and within the designated Order Limitation set forth in this BPA. Warranted Contracting Officers of the BLM – Oregon State Office Branch of Procurement are authorized to place orders on this BPA.

Discounts: None.

Duration of BPA: The BPA shall commence from 02/01/2023 and expire 01/31/2028.

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 4 of 62

SCHEDULE

*Note: The hauling evaluation factor shall be used to evaluate price quotes: The distance of the BPA Holder’s facility location to the entrance of the BLM site location at the Roseburg, Medford, Coos Bay, and NW Oregon Districts will be evaluated with the quoted supply prices per line item. The Government will verify the distance rounded up to the nearest 0.1 mile. The hauling factor, which is the Government’s one-way cost to obtain the magnitude of the supply, will be evaluated at a $0.50 per mile plus the supply price for each line item. The sum of the pricing will render a total evaluation price. Price shall be fair and reasonable. For example, BPA Holder A quotes Item 0002 for 400 Tons of material at $10. 00 per Ton and the Holders facility is located 50 miles from the Governments hauling destination site. BPA Holder B quotes Item 0002 at $8. 00 per Ton with a facility located 100 miles from the Government hauling destination site. BPA Holder A’s price is multiplied by $0.50 per mile x 50 miles x 400 Tons ($10,000.00), plus the material price of 400 Tons x $10.00 per Ton ($4,000.00) of material that equals an evaluated price of$14,000.00. BPA Holder Bs price is multiplied by $0.50 per mile x 100 miles x 400 Tons ($20,000.00) plus the material price of 400 Tons x $8.00 per Ton ($3,200.00) that equals evaluated price of $23,200.00. Based on the lowest evaluated price determined reasonable, award would be made to BPA Holder A in the amount of $4,000.00.

Minimum Quantity: Order minimum quantity shall meet the tonnage minimum quantity of Hot Mix which is required to initiate work in the plant to produce Hot Mix profit for the vendor, or be coupled with an order that meets the minimum.

(End of Schedule)

ITEM

# ITEM DESCRIPTION

Unit of Measure

Unit Price

Total Price

0001 Hot Mix Asphalt Concrete, ODOT Class C, ½” Dense, Level 3 – TON $____ $____

0002 Catonic Emulsified Asphalt (Asphalt Tack Coat) TON $____ $____

Subtotal:

Sample Haul factor calculation*:

(A) Enter vendor plant facility entrance address:

(B) BLM COR to enter: Govt. facility entrance address (or nearest city center if no street address)_________________________.

Mileage from location A to B, rounded to the nearest 0.1 mile:_____ x .50 cents/mile= total: $______ x qty. of product ____ordered (tons)

Price inclusive of haul factor (haul factor amount is for evaluation of quotes only; haul factor price is not to be included in the award amount.)

Total quote amt. (do not include haul factor price) $____

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 5 of 62

TECHNICAL SPECIFICATIONS:

1) Hotmix Asphalt Concrete, ODOT Class C, 1/2” Density, Level 3:

a) Composed of crushed stone or gravel and Asphalt, mixed in a hot plant (either batch or continuous mix type);

b) Gradation of the aggregate and grade quality of the asphalt cement shall conform to those commonly specified as "Class C, 1/2” Dense, Level 3 Standard Duty" by the State of Oregon, or approved equal;

c) Mixed to a uniform consistency and be at a temperature between 300- and 325-degrees Fahrenheit when deposited in the Government vehicles. Government staff shall have equipment to measure temperature at time of pickup. Government staff shall be afforded opportunity to measure temperature upon request.

d) Asphalt binder shall be PG 64-22 or approved equivalent; Bituminous material shall meet the requirements of AASHTO M 320.

e) Contractor is required to submit the bituminous batch mix formula for Hot Mix Asphalt Concrete at BPA award and with each order at the time at the time of pickup.

2) Catonic Emulsified Asphalt (Asphalt Tack Coat):

General Requirements: The catonic emulsified asphalt furnished under this specification shall be an emulsion of asphalt cement, water and emulsifying agent. The emulsified asphalt shall be homogeneous.

It shall show no separation of asphalt after thorough mixing within 30 days after delivery. It shall meet the following requirements when tested within 30 days of sampling according to AASHTO Method T 59:

GRADE SLOW SETTING

CSS-1

Min Max

TESTS ON EMULSION:

Saybolt Viscosity @ 77°F (25°C), SFS 20 100

Storage Stability, % (1 day) 1

Particle charge test Positive

Sieve test, % (1) 0.10

Cement mixing test 2.0

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 6 of 62

Distillation to 500°F (260°C):

Oil distillation, % (by volume of emulsion)

Residue, % (by weight)

57 3

TESTS ON RESIDUE FROM

DISTILLATION:

Penetration @ 77°F (25°C), 100g, 5s, dmm 100 250

Ductility @ 77°F (25°C), cm 40

Solubility in Trichloroethylene, % 97.5

(1) This test requirement on representative samples is waived if successful application of the material has been achieved in the field. (Per AASHTO M- 140)

Shall meet the requirement of Oregon Department of Transportations (ODOT) Standard Specifications for Construction 2021 Edition, Section 00705.11 – Emulsified Asphalt Prime Coat, and Section 00730.11 Materials – Emulsified Asphalt.

3) 508 Compliance standard:

In Accordance With WO IM-2013-150, 508 Compliance is required. Requirement is located at https://www.section508.gov/index.cfm?fuseAction=stdsdoc#Information. Applicable when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency]

(End of Specifications)

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 7 of 62

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

Acceptance - Final inspection of supplies will be made by the Government at the batch plant or facility where pickup occurs. Contractor shall provide a bituminous batch mix formula for Hot Mix Asphalt Concrete at the time the Government picks up the product. In the event supplies are determined not to meet the government specification, no pickup will occur and the order will be rescheduled or canceled at the Government’s preference.

(End of Inspection and Acceptance)

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 8 of 62

DELIVERIES OR PERFORMANCE

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

The following clauses are provided n full text:

1) Delivery –

a) Hot Mix Asphalt Concrete shall be F.O.B. at the Contractor's plant loaded by the contractor into Government vehicles;

b) Specific requirements will be identified on "calls" placed on an "as needed" basis by Contracting Officer (CO). Oral orders will be placed a minimum of 24-hours prior to pickup of hot-mix and confirmed in writing;

c) To ensure schedule delivery time prior to execution, the Contractor shall set a Response Time with the COR to ensure delivery will be in coordination with any BLM timetables necessary to receive delivery.

2) Performance - Contractor shall furnish four (4) copies of delivery tickets for each delivery made. Tickets shall contain the following information:

a) Contractor's name and address;

b) Delivery date;

c) Quantity delivered with unit and total prices;

d) The CO's Representative or alternate will sign the delivery ticket and provide two copies to the Government. The Government will pay the Contractor upon receipt of a proper invoice with supporting tickets on quantities accepted by the Government;

(End of Deliveries or Performance)

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 9 of 62

ADMINISTRATION DATA

1.0 BPA ORDER PURCHASE INSTRUCTIONS

NOTE: This section includes only the ordering instructions for Orders off of the BPA(s). When providing a quote for the Base BPA(s), see the solicitation sections entitled INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS and EVALUATION FACTORS FOR AWARD.

Purchases shall be solicited to all of the following BPAs unless the exception at FAR Subpart 13.106-1(b) or FAR Subpart 13.501(a) applies.

BPA

Number Vendor Name Address Office

Telephone# Facsimile# Email Address

[To be filled in at the time of award]

1.1 Quotes may be obtained through an oral or electronic solicitation in accordance with FAR Subpart 13.106-

1, and shall contain the following information:

Specifications;

Delivery location;

Required delivery date;

Additional applicable provisions and/or clauses, if any;

Quotation submission instructions;

o Quotation due date and time;

o Acceptable method of submission: oral or electronic means (via e-mail and/or facsimile);

Applicable clauses and provisions as referenced in the BPA herein;

Any other quotation submission instructions.

1.2 Evaluation Criteria and Basis of Award of BPA Orders:

Evaluation Factor: Price Only

Price will be evaluated for fair and reasonableness.

1.3 Award. Purchases will be issued on a Standard Form 1449 with the specifications and any attachments.

The following provisions are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 10 of 62 processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.milJ. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of provision)

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 11 of 62

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoice billed according to contract line items and rates

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Administration Data)

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 12 of 62

SPECIAL REQUIREMENTS

1.0 ACCESS

In the event of a site/facility closure, the Contractor shall not make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

2.0 WORK HOURS

Unless otherwise specified in the BPA Agreement, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

3.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

5.0 ENVIRONMENTAL IMPACT

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 13 of 62

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

6.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

7.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

USDA Biobased product listings published at www.biopreferred.gov.

Energy Star® product listings published at www.energystar.gov/products.

FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts 52.223-4 Recovered Material Certification 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

Hot Mix Asphalt Concrete / Catonic Emulsified Asphalt (Tack Coat) BPA BPA Solicitation No. 140L4323Q0009 Roseburg, Medford, Coos Bay, and NW Oregon Districts Page 14 of 62

52.223-15 Energy Efficiency in Energy Consuming Products 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

8.0 RESTORATION OF RESOURCES

8.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

8.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

9.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit Wage and Hour Division Telephone: (503) 373-1463 3865 Wolverine St. NE; E-1 Fax: (503) 373-7636 Salem, OR 97305-1268

11.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.

(End of Special Requirements)

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CONTRACT CLAUSES

The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS NOV 2013

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

OCT 2010

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

APR 2014

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.211-16 VARIATION IN QUANTITY APR 1984

52.211-17 DELIVERY OF EXCESS QUANTITIES SEP 1989

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA

FEB 2021

52.232-11 EXTRAS APR 1984

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

NOV 2021

52.247-34 F.O.B. DESTINATION NOV 1991

52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORIGIN

OFFERS

APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.203-14 – DISPLAY OF HOTLINE POSTER(S) (Nov 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

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(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

DHS OIG Hotline Poster https://www.oig.dhs.gov/sites/default/files/DHS_OIG_Hotline-optimized_with_fax.jpg

(Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (Nov 2021)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

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“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information

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(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products and commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-4 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

(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 Federal Acquisition Regulation (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.

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(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, 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.-

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(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 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 as fixed by the Secretary until the amount is paid.

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

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

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

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(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…