CA Trail Maintenance and Construction BPA_Final.pdf

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

6. SOLICITATION ISSUE DATE

May 10, 2023

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Bryce Kamerdula

b. TELEPHONE NO. (No collect calls)

541 408-4185

8. OFFER DUE DATE/LOCAL TIME

June 9, 2023 PST 4:30pm

9. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

Procurement & Property Services, National Procurement Operations Stewardship & Disaster Recovery Branch 1400 Independence Ave SW MS-1138 Washington DC, 20250-1138

UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 237990

SIZE STD: $45 million

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Stewardship & Disaster Recovery Branch Stewardship & Disaster Recovery Branch

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

INVOICE PROCESSING PLATFORM (IPP)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

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

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Award under this solicitation will be made through issuance of multiple Blanket Purchase Agreements. Utilization of Service Contract Labor Standards and Construction Wage Rate Requirements shall be used in response to this solicitation. ALL pay items must be priced in order to be responsive to this RFQ.

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __ __

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE _____________OFFER DATED

______________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID By

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

Instructions and Work Description for Pay Items/Work Activities:

California Trail Maintenance and Construction BPA

Please respond fully to the solicitation requirements (e.g. pricing, certifications and representations, and selection criteria). Provide commercial pricing for both or only one sample scenario your firm is qualified and interested in performing. The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes. Vendors are cautioned that as awards of a Blanket Purchase Agreements are based, in part, on the pricing proposed herein, subsequent vendor quotes for specific unit BPA calls must be representative and reflective of those rates or they shall be removed from the pool of vendors for that work activity. Therefore, it is imperative that each vendor provide the Government with their best commercial rate they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific units. This is NOT a Time and Materials BPA call contract.

The unit pricing requested will be utilized for price evaluation purposes in selecting a “Best Value” contractor.

Note: The general activities used for future call orders will generally be a firm fixed price service. There may be a need for more complex work requirements than listed in the scope of work. Therefore, contractors submitting proposals for commercial treatments may be requested to use either of these more complex requirements.

Stream Restoration projects typically have a limited operating period for in-stream work between July 1 and August 31, during which no in-stream operations are allowed unless a waiver has been granted. In-stream operating periods shall be indicated on individual call orders.

As specified herein, utilization of Service Contract Act and Construction Wage Rates shall be used in response to this solicitation.

BPA Calls issued under this contract shall require Service Contract Act wage rates or Construction Wage Rates or both depending on specific activities within the delivery order. Wage determinations shall dictate which terms, conditions, and clauses apply to individual call orders. This solicitation and any resultant Blanket Purchase Agreements may incorporate service, construction, emergency work, and potential for other complex work requirements. Construction work activities will most often be issued on a lump sum basis or as identified within “Specifications for Construction and Maintenance of Trails.”

https://www.fs.usda.gov/recreation/programs/trail-management/documents/plans/supporting_documents/Trail_Specifications.pdf (Specifications for Construction and Maintenance of Trails)

The intent of this procurement action is to enter into multiple Blanket Purchase Agreements (BPAs) under which trail maintenance work may be competed and BPA Calls for project work issued. While a pre-set limitation is not established regarding the number of BPAs that will be entered in to, the amount may be limited in any geographic area if it is determined that sufficient competition is taking place and the administrative burden of entering into more agreements offsets the potential benefit. As a result, this solicitation will remain Open and Continuous to add vendors when determined necessary. Quotes for this agreement may be received for the life of the BPA. Quote packages that include technical, past performance, and pricing received after the initial evaluation period will be reviewed at the convenience of the Government.

BPA holders will indicate which forest zone(s) they are interested in providing coverage. When projects come available in those zones BPA holders who have indicated interest in covering the applicable zone will be requested to provide a quote. Construction projects estimated at $2,000, or less, may be negotiated and awarded without competition. Service projects estimated at $2,500, or less, may be negotiated and awarded without competition.

Work may be in one or more of the following counties: There are a total of 58 counties in the State of California (see attached map).

BIOPREFERRED

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality https://www.fs.usda.gov/recreation/programs/trail-management/documents/plans/supporting_documents/Trail_Specifications.pdf https://www.fs.usda.gov/recreation/programs/trail-management/documents/plans/supporting_documents/Trail_Specifications.pdf

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131 delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for services for which biobased products are available.

The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Wood and concrete sealers Fertilizers Roof coatings Water tank coatings Adhesive and mastic removers Cleaners Sorbents Floor finish Floor stripper Composite panels Janitorial supplies Insulating foam Sealers Carpet Metalworking fluids Graffiti and grease removers Stain removers Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Based on the FAR clause 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management System.

https://www.sam.gov. Contractors will report the category, product type and dollar value of any USDA designated biobased products purchased by the Contractor; and reporting must be completed by the end of October for the previous entire fiscal year (Oct 1 – Sept 30). Complete the required information within the portal at SAM.gov and copy your Contracting Officer.

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

Proposed Areas for Coverage

ITEM

NO. SCHEDULE OF ITEMS QTY UN

IT

UNIT

PRICE AMOUNT

Trail Maintenance Scenario (Service Wage Rates) Use Trail Maintenance Scenario Attachment for estimating purposes

1.2 91107 – Existing Trail Restoration 26294 LF $

1.3 91202 – Clearing and Grubbing 26294 LF $

1.4 91217 – Hazard Tree Removal 24 EA $

1.5 92701 – Drain Dip 8 EA $

Total Amount $

Trail Construction Scenario(Construction Wage Rates)

Use Trail Construction Scenario Attachment for estimating purposes

2.2 91101 – Excavation 4963 LF $

2.3 91203 – Clearing and Grubbing 1 LS $

2.4 91212 – Brush Cutting 1 LS $

2.5 92101 - 24” Corregated, Type HDPE Pipe 12 LF $

2.6 92701 – Drain Dip 3 EA $

2.7 95301A – Reassurance Marker, Type TB-1 50 EA $

2.8 98102 - Seeding 1 LS $

Total Amount $

Equipment Rates (Service Wage Rates)

3.1 Small Dozer w/operator (min 24 hp) 1 Hr. $

3.2 Mini Excavator w/operator (min 25 hp) 1 Hr. $

3.3 Small Excavator w/operator (55 to 125 hp) 1 Hr. $

3.4 Backhoe Loader w/operator (min 78 hp) 1 Hr. $

3.5 Walking Backhoe/Excavator w/operator (see

description below) 1 Hr. $

3.6 Skidsteer w/ operator (min 49 hp) 1 Hr. $

** Hourly rates for line item 3 for equipment with operators will be used for negotiation and evaluation purposes only. Vendors shall bid all line items to be considered for the award pool.

*** Do not include Mobilization for any of the above line items*** *** GFM means Government Furnished Material.***

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

Indicate in the table below “X” the Zones in which you would like to provide quotations and are willing to travel for work. See “Project Location” and additional information on geographic zones.

Zone Areas of Coverage (mark with “X”) Zone 1 – NORTHERN CALIFORNIA Six Rivers, Klamath, Modoc, Lassen, Shasta-Trinity, Mendocino, Rogue River-Siskiyou NF and Butte Valley NG

Zone 2 – CENTRAL SIERRA Plumas, Tahoe, Eldorado, Lake Tahoe Basin Management Unit NF

Zone 3 – SOUTHERN SIERRA Inyo, Humboldt-Toiyabe, Sierra, Sequoia, Stanislaus NF

Zone 4 – SOUTHERN CALIFORNIA Los Padres, Angeles, San Bernardino, Cleveland NF

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

Pacific Southwest (California) National Forests

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(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.

(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

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

(C) Affected 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.

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs

(a), (e), (i), (l), and (m) for those in the basic clause. Incorporated by Reference (See FAR)

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

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

PROJECT DESCRIPTION

(a) Description of Work- This solicitation is for trail maintenance and construction work to be performed within the California National Forest area composed of the Angeles, Cleveland, Eldorado, Inyo, Klamath, Lake Tahoe Basin Management Unit, Lassen, Los Padres, Mendocino, Modoc, Plumas, San Bernardino, Sequoia, Shasta-Trinity, Sierra, Six Rivers, Rogue River-Siskiyou, Humboldt-Toiyabe, Stanislaus, Tahoe Forests, and Butte Valley National Grassland.

The agreement incorporates Standard Specifications for Construction of Trails and Trail Bridges on Forest Service Projects from the National Technology and Development Program, 10/30/2014 (or any future approved version) in U. S. customary measurement format, which applies to all BPA Calls. It also incorporates both the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) and the Forest Service Trail Accessibilty Guidelines (FSTAG). The agreement also allows incorporation of project-specific specifications through inclusion in each Individual Project BPA Call. Individual Projects will be packaged with the project-specific details that supplement the standard specifications and terms of the basic agreement. These Individual Project requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific Individual Project (if applicable). Additionally, the Individual Project Call will identify whether the project is categorized as a Construction Call or a Service Call.

The following descriptions apply to the specialized service skills, and may be ordered through an Individual Project BPA Call.

Trail maintenance and construction should be completed according to specifications found in the Trail Management Objectives for each trail, which will be provided with Individual Project BPA Calls. Trail Management Objectives are documents which identify the intended purpose and management of a National Forest System (NFS) trail based on management direction and access objectives.

Objectives will identify the purpose of the trail, the intended level of development and the intended type of trail. Design parameters such as tread width, target grade, short pitch maximum, cross slope, clearing width, clearing height, switchback radius, surface type, allowable protrusion size, and allowable obstacle size will guide the maintenance and construction. Non-standard items which diminish or exceed these standards will be called out specifically in the contract.

Mountain Bike Trails Mountain biking trail maintenance and construction will often require a specialized skill set from the contractor. Dynamics such as location of obstacles, line of site relative to speed of travel, unique hardening requirements and general trail flow may be incorporated into contracts. Contractors must have compentency building trails which flow and manage speed for mountain bikes. Work may include (but is not limited to) clearing, grubbing, and shaping. Individual Project BPA Calls may require the Contractor to achieve an end state where a particular trail meets standard difficulties described by the International Mountain Bike Association (IMBA)trail difficulty rating system. Some contracts may require contractors who are confident recreation mountain bicyclists who are able to ride the trail and insure that it is safe and generally flows correctly.

Off Highway Vehicle Trails Some Off Highway Vehicle trail maintenance and construction will require a specialized skill set from the contractor. Dynamics such as location of obstacles, line of site relative to speed of travel, unique hardening requirements and general trail flow. Some contracts may require contractors who are confident recreation dirt bike, ATV, side x side or Jeep operators who are able to drive the trail and insure that it is safe and generally flows correctly.

Wilderness Trails Wilderness law requires the use of the “minimum tool necessary” to complete a project. This will require the contractor to utilize traditional tools. Mechanized transport is not allowed, which includes but is not limited to the use of carts or wheel barrows.

Mechanical tools such as grip hoists are allowed. Motors are prohibited in wilderness and all motorized tools are prohibited including battery operated drills, power saws, etc. Specialized skills including the ability to use crosscuts saws and other traditional tools will be required of the contractor. All wilderness laws must be followed.

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

Trail Bridge Construction and Maintenance Trail bridge construction and maintenance may include any of the following, recognizing that this list is not necessarily all-inclusive and is intended to provide examples of types of work:

Surveying for construction control; clearing and grubbing; foundation construction (including excavation and embankment, poured or precast concrete, pile driving, abutment construction, retaining walls, and/or embankment armoring); material transport to the site (often very remote backcountry); superstructure erection (including stringer, truss, cable, or arch structure types composed of steel, native log, sawn and glulam timber, fiberglass, concrete, or reinforced polymer; curb, railing and fence construction, and; permanent signage.

Bridge Maintenance tasks may include alteration, repair, or replacement of portions of existing structures and/or related features, such as embankments and retaining walls.

Access to trail bridges for construction and maintenance often involves use of ATV/UTV, aircraft, boat, pack animal, or even foot access only.

Pack and Saddle Pack and Saddle stock may be used to transport personnel, supplies (including explosives) and gear to backcountry work sites.

Pack Stock may be utilized to drop camps and deliver supplies. Use of pack string to transport camp gear, food, tools and other supplies to support backcountry trails projects. Arrangements for trips in and backhaul trips would be scheduled in advance unless in an emergency. Gear/materials would be delivered to a pre-arranged location where the packer would be responsible for secure packing and transport to site.

They may also be used for explosives hauling. Use of pack string to deliver explosives to work site. Certified blaster must pack the explosives and detonators (on separate reliable animals just before departure) with assistance from packer according to the Forest Service “Guide for Using, Storing, and Transporting Explosives and Blasting Materials”. Certified blaster shall accompany the packstring in order to be present with the materials at all times. Travel shall be limited to one half hour after sunrise and one half hour before sunset.

Saddle Stock may be utilized as riding animals to provide transport for personnel (employee or partner) provided that riders are experienced and animals are in good physical condition, well-shod and well-trained for trail use, gentle, and have been worked recently. Saddles and tack will be provided and adjusted for each animal and rider. Packer/outfitter will monitor riders and animals during the trip, and correct unsafe conditions.

Blasting Explosives may be utilized for: surface or sub-surface rock blasting; removal of logs, rootwads and stumps; hazard trees; ditching;

demolition of bridges and other structures. Blast design may involve small precision shots or delays to minimize flyrock, and appropriate safety protocols will be required according to the Individual Project BPA Calls.

Rocks: Individual boulders may be entirely or partially within the trail corridor; removal or reduction may be specified by COR or determined at the contractor’s discretion. Boulders will be loaded so as to break into pieces small enough to be moved; or shattered to provide gravel for trail surfacing. Trail corridor and backslope will be cleared and left in a stable condition to allow for safe passage by trail users. Bedrock, outcrops, etc. may be entirely or partially within the trail corridor; removal or reduction may be specified by COR or determined at the contractor’s discretion. Width, grade, and surface condition will be specified in the blast plan. Trail corridor and backslope will be cleared and left in a stable condition to allow for safe passage by trail users.

Drilling: If drilling is required within a Congressionally-designated wilderness area, a Minimum Requirements Analysis will be prepared and all Forest Service safety protocols must be observed.

Logs, Rootwads and Stumps: Logs may be blasted individually or in groups as an alternative to sawing. Surface blasting, drilling, or a combination may be used. Clearance standards for blasted logs will conform to Forest Service specifications. Debris will be cleared and the trail corridor left in a safe and stable condition. Rootwads may be blasted to remove hazard/obstacle from trail corridor.

Rootwad and debris will be adequately cleared and stabilized. Stumps may be blasted individually or in groups, depending on size and discretion of blaster-in-charge. All debris will be cleared and holes backfilled, leaving the trail corridor in a safe and stable condition.

Hazard Trees: Hazard trees may be blasted to prepare a safe worksite or mitigate damage from previous blasts. Condition of the tree

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131 will determine if internal or external loading is the safest option. The blast plan will consider the safest location to drop the tree so that no post-blast hazard remains. All debris will be cleared from the trail corridor.

Ditching: Ditch blasting may be used to clear existing ditches or create new ones. Specifications will be determined and incorporated into the blast design. Debris may be thrown for a long distance—allow an extra margin of safety of time and distance for all material to settle. The trail corridor will be cleared of debris.

Demolition: Explosives may be used to remove structures such as bridges. If it is safe to do so, remove rails, decking and any moveable hardware prior to blasting. Determine desired end state (stringers and abutments dropped into stream or completely obliterated). Delays may be used to reduce airblast and flying debris. Clear any debris that remains in the travelway and pick up all metal for removal.

Carcass Disposal: Explosives may be used to dismember or obliterate animal carcasses that are deemed to be hazardously close to a trail or campsite. Follow guidelines from Forest Service Technology and Development Program Recreation and Engineering Tech Tip: https://lemurking.files.wordpress.com/2009/05/obliterating-animals-with-explosives.pdf

Additional specifications for this type of work are included in Section J.

Helicopter Support in Trail Construction/Maintenance In preparations for Helicopter Operations, the Contractor shall designate a person in charge who will be responsible for ALL ground operations; no Government personnel will be available on-site for these activities. It will be critical for the Contractor to preview the site and review the proposed helicopter work on the ground. As part of Individual Project BPA Calls, the Contractor may be required to submit work examples of previous projects were helicopter work was utilized. Additional and appropriate safety protocols will be required according to the Individual Project BPA Calls.

The contractor must coordinate with the Contracting Officer (or their Designated Representative) for review of any air-operations plan and trail closure plan prior to implementation. The Contractor shall submit an air-operations plan to the Contracting Officer for approval a minimum of 14 days in advance of planned helicopter operations. This plan shall include; name and contact info for designated person in charge, size of aircraft, type of mission (external sling load/aerial recon/crew transport/etc), refueling procedures, provide detailed map (showing landing locations, drop points, flight path, and locations of any potential hazards).

All workers must be informed of the plan of operations. Work will only be allowed to occur when trail is closed to hikers. Public must be notified prior to work. Trail closure signage must be provided at trailhead. Workers must not be placed in areas where there are overhead hazards. All workers must be provided and wear required PPE (Personal Protective Equipment) of hard hats, gloves, eye/hearing protection. The Contractor must follow all applicable OSHA safety standards. All FAA guidelines and regulations pertinent to these activities shall be addressed and followed.

This solicitation and any resultant Blanket Purchase Agreements may incorporate service, construction, emergency work, and potential for other complex work requirements. Work includes but is not limited to the following:

Typical Service Activities

Trail Maintenance service types of work will consist of routine work necessary to maintain the National Forest Trail System in a functioning condition, providing safe public access and protecting the access, facility investment, and adjacent environmental resources.

Work is generally confined to within the limits of the existing trail tread and trailway. Work may also take place under or adjacent to the traveled way for resource protection and trail stabilization.

Potential Performance Activities: Sign Maintenance; Work Area Management (traffic control); Bridge maintenance; Tread Maintenance (slide, slough and berm removal, trench backfill); Drainage Maintenance (outlet cleaning, reshaping, drainage dip installation and maintenance); Hazard Removal (Danger Tree Falling, Rock Fall and Debris Removal, etc.); Vegetation Management (brushing to clearing limits); Trail Reroute (under 500’ and native surface); Bridge Maintenance (railing, and deck repair); Minor and Major Flood Repair; Trail Obliteration; Emergency Relief for trails under Federally Owned Roads (ERFO) program, Burned Area Emergency Response (BAER) (BAR), Fire Suppression Rehabilitation, Infrastructure BIL, and Stream Restoration. Other complex systems or special funding may be within the scope to support road maintenance and restoration activities. Log out and mobilization costs are incidental to ordered work unless otherwise specified in the call order.

https://lemurking.files.wordpress.com/2009/05/obliterating-animals-with-explosives.pdf

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

Work performed under this description is subject to the requirements of the Service Contract Act.

Typical Construction Activities

Trail construction types of work will consist of all construction activities normally associated with new Trail construction or reconstruction, but will be limited in scale, size, and complexity.

Work is generally confined to within the limits of the existing trailway and clearing limits unless specific reroutes are identified.

Possible Performance Activities: Surveying/Staking of Work Activities, signing (sign installation); Clearing; Earthwork and realignment; Drainage (drain dips, water bars, etc.); Aquatic Passage Work activities (small bridges or prefabricated structures, etc.); Aggregate Placement (base, surface, pit-run, riprap, etc.); Erosion Control (some erosion control such as seeding may be a service work activity; Shoulder, cut and fill slope reconstruction; Asphalt Placement, Asphalt Restoration (grinding, overlays, pothole patching, skin patching, crack sealing, chip sealing (some activities may be service work activity for supply/install), etc.);

Cut/Fill Slope Stabilization; Aquatic Passage Construction; Fence and Gate construction. Emergency Relief for Federally Owned Roads (ERFO), Burned Area Emergency Response (BAER) (BAR), Fire Suppression Rehabilitation, Infrastructure BIL, Stream Restoration, and specialty projects may also be included, such as recreation facility enhancements (campground trail work, toilet installation, parking lot and boat launch repairs, etc.). Other complex systems or special funding may be within the scope to support road maintenance and restoration activities. Log out and mobilization costs are incidental to ordered work unless otherwise specified in the call order.

Work performed under this description is subject to the requirements of the Construction Wage Rates.

Minimum equipment specifications for applicable work activity groupings are as follows. Equipment listed represents what has been utilized in past projects and what is typically expected but not required for a contractor’s fleet.

1. Small Dozer:

a. Net engine power at least 24 hp

b. Equipped with a six (6) way blade at least 29” in length.

2. Mini Excavator

a. Engine rating at least 25 hp.

b. Minimum 1.5 Cu. Ft. bucket capacity

3. Small Excavator:

a. Weight class at least 18,000 lbs.

b. Net engine power at least 55 to 125 hp

c. Bucket with at least 0.25 cubic yard struck capacity

4. Backhoe Loader:

a. Engine rating of at least 78 hp.

b. Loading bucket

5. Walking Backhoe/Excavator:

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

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

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

d. Diesel engine with a minimum power (Net) of 55 h.p. (If other than 55 h.p., meaning 78 h.p. or larger, provide pricing and equipment description as specified on Page 54 herein.)

California Trail Maintenance and Construction BPA Solicitation # 12363N23Q4131

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

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

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

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

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

6. Skidsteer

a. Engine rating at least 49 hp.

b. Minimum 60” bucket width

7. Utility and Support Vehicles:

a. On highway vehicle.

b. Able to Service all listed equipment.

Requirements of all equipment:

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

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

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

Requirements of all equipment:

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

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

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

Labor Rates:

Call orders issued under this BPA shall require Service Contract Act wage rates or Construction Wage Rate requirements or both depending on specific activities within the call order.

General Guidelines:

Project areas are located on the Angeles, Cleveland, Eldorado, Humbolt-Toiyabe, Inyo, Klamath, Lake Tahoe Basin Management Unit, Lassen, Los Padres, Mendocino, Modoc, Rogue River-Siskiyou, Plumas, San Bernardino, Sequoia, Shasta-Trinity, Sierra, Six Rivers, Stanislaus, and Tahoe Forests, and the Butte Valley Grassland. The scope covers all Federal, State, and local agency lands within Forests’ and grassland boundaries which include but are not limited to, all counties within forest and grassland boundaries. The BPA call will be issued and administered by a Government entity.

(b) Resulting Award – BPA calls will…