Combined Solicitation Documents.pdf

SOLICITATION/CONTRACT/BPA CALL FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 62 Offeror to complete blocks 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. BPA CALL NUMBER 5. SOLICITATION NUMBER

1204N020Q0010

6. SOLICITATION

ISSUE DATE

06/26/2020

7. FOR SOLICITATION

a. NAME Cynthia B Armour, Contracting Officer

b. TELEPHONE (No Collect Calls)

(541) 416-6662

8. OFFER DUE DATE/

LOCAL TIME

INFORMATION CALL ⇒ Marcos Romero, Contracting Officer’s Representative (541) 383-5624 07/31/2020 by 1630

9. ISSUED BY (MAIL OFFERS TO) CODE 10. THIS ACQUISITION IS

UNRESTRICTED

SET-ASIDE. 80_% FOR

SMALL BUSINESS,

HUBZONE SMALL

BUSINESS

8(A)

SOLE SOURCE

NAICS: 237310

SIZE STANDARD: $39.5M

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED.

12. DISCOUNT TERMS

Ochoco National Forest 3160 NE 3rd Street Prineville, OR 97754 Phone 541-416-6662 cynthia.armour@usda.gov

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED BPA

CALL

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINISTERED BY CODE

Same as Block 9

17a.

CONTRACTOR/OFFEROR

CAGE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Submit invoices through the IPP system to be paid by the National Finance Center. https://www.ipp.gov/vendors/enrollment-vendors.htm

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

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

IN OFFER

IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DESCHUTES/OCHOCO/FRE-WIN NFs Forest Engineering & Road Maintenance (FERM)

Awards under this solicitation will be made through issuance of Blanket Purchase Agreements

Vendors MUST be registered in System for Award Management (SAM) before they will be considered for award. www.sam.gov

An offeror is only required to price those work activities for which they wish to perform during contract performance.

Utilization of Service Contract Act wage rates shall be used in response to this solicitation. Some work may fall into Construction and the Construction Wage Act will be utilized when appropriate.

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

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 and ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE BPA CALL INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 AND ADDENDA

ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL 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: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) 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 Cynthia B Armour

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 4/2002) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212 https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/

FERM 2.0 – Forest Engineering Road Maintenance Ochoco, Deschutes and Fremont/Winema NFs

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

PRICE

24. AMOUNT

Forest Engineering & Road Maintenance Ochoco and Deschutes National Forest

Fremont-Winema National Forest

0001 Road Surface Maintenance - Road Grader w/12ft blade w/operator

Daily Rate

0002 Roadside Brushing - Brusher

Mile

0003 Road Reconstruction & Decommissioning - Excavator Standard Size 10-45 tons w/operator

0004 Asphalt Surface Treatments – single lane of chip seal, single shot chip job. Quote shall contain all equipment, labor and materials to complete the task. 1

Mile

0005 Road Construction - Excavator - Standard Size 10- 45 tons w/operator 1 Daily Rate $

0006 Minor Structures - Excavator - Standard Size 10-45 tons w/operator 1 Daily Rate $

0007 Stream Restoration & Rehab - Excavator - Standard Size 10-45 tons w/operator 1 Daily Rate $

0008 Major Structures - Excavator - Standard Size 10-45 tons w/operator

0009 Pit Development & Rock Crushing - Dozer – medium size 130-205 hp w/operator 1

INSTRUCTIONS FOR PRICING/QUOTING ON THIS BPA

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

0001 Quote on activities associated with Road Surface Maintenance using a road grader with a 12ft. blade w/operator for a day.

0002 Use the specifications in Appendix A to develop your quote for 1 mile of Roadside Brushing.

0003 Quote on Road Reconstruction and Decommissioning using a standard size excavator w/operator for a day.

0004 Quote on Asphalt Surface Treatments taking into consideration you are doing a single lane of chip seal, single shot chip job. Quote shall contain all equipment, labor and materials to complete the task on a mile of road.

0005 Quote on Road Construction using a standard size excavator w/operator for a day.

0006 Quote on activities associated with Minor Structures (see definitions below) using a standard size excavator w/operator for a day.

0007 Quote on activities associated with Stream Restoration and Rehab using a standard size excavator w/operator for a day.

0008 Quote on activities associated with Major Structures (see definitions below) using a standard size excavator w/operator for a day.

0009 Quote on activities associated with Pit Development and Rock Crushing using a medium size dozer w/ operator for a day.

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.

1. DESCRIPTION OF SUPPLIES/SERVICES

This description includes a list of the types and scope of work that the equipment found in Block 20 may be required to perform within this contract. The list is representative but not inclusive of all work that may be required by BPA call. BPA calls will most often be issued on a lump sum quantity basis or as identified within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP14)” https://flh.fhwa.dot.gov/resources/specs/. 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.

However, the Government shall terminate any successful contractor’s contract should their BPA call lump sum pricing not be a reflective derivation of the pricing they propose herein.

a. Road Surface Maintenance:

Road Maintenance work will consist of routine work necessary to maintain the Federal Road System in a functioning condition providing safe public access, protecting the transportation facility investment and adjacent environmental resources. The maintenance requirements include road surface blading, cleaning roadside ditches, re-establishing and cleaning existing drainage structures, and minor repairs of the travel way surface. This work is to be accomplished with blading, scarification, watering, and compaction of the given road surface.

Work is generally confined within the limits of the existing traveled way and adjacent ditches, shoulders and cut/fill slopes.

Mobilization is not included in the pricing of the daily rate of the road grader. The daily rate should take into consideration general road maintenance activities.

b. Roadside Brushing:

Roadside brushing consists of cutting all vegetative growth, including trees and other vegetation above the ground, along the roadsides of the Federal Road System in BPA Call to maintain the desired road width and provide for safe public access. Warning signs shall be provided by the Contractor and shall be placed in accordance with Manual of Uniform Traffic Control Devices (MUTCD), current edition, standards while work is in progress. This shall include “Slow Moving Equipment” signs attached to road surface equipment. Work shall be performed by hand or mechanically. Steel tracked equipment is not allowed on asphalt surface roads.

Mobilization is not included in the pricing of the mile rate of the brush cutter. The mile rate should take into consideration general brush cutting activities.

c. Road Reconstruction & Decommissioning:

Road reconstruction work will involve roadway restoration of existing roads.

Possible Performance Activities: Clearing, excavation, restoration or placement of bituminous, aggregate and native surfaces, drainage installation, drainage maintenance and repair, bridge maintenance and repair, cut and fill slope stabilization, erosion control measures, traffic control, and sign installation.

Road decommissioning will involve closing and/or obliteration of existing roads.

Possible Performance Activities: Excavating and removal of drainage pipes (various sizes), ripping, re-contouring, placement of mineral/woody material, installation of surface drainage (including waterbars, drain dips, rock fords and cross-drains) and access blocking features.

https://flh.fhwa.dot.gov/resources/specs/

Mobilization is not included in the pricing of the daily rate of an excavator. The daily rate should take into consideration general excavation activities.

d. Asphalt Surface Treatments:

Asphalt surface treatments will involve traveled way and parking lot restoration of bituminous surfaces.

Possible Performance Activities: Placement of Bituminous Concrete Pavement (Not to exceed 1,000 tons), surface treatments include asphalt patches, slurry seal coat and tack or emulsion coat for application of chips for a chip seal surface, and necessary surface preparation needed prior to application of asphalt surface treatment.

Mobilization is not included in the pricing of the 1-mile pricing above.

e. Road Construction:

Road construction will be limited to two miles or less. This work will involve all construction activities normally associated with new road construction. The exception to this is, limited drilling and shooting will be anticipated, side slopes will not consistently exceed 60% and not more than 80% of excavated material shall be designated for end haul. Blasting plans shall be provided when necessitated by project requirements.

Possible Performance Activities: Signing (traffic control), Safety, Construction Staking, Clearing, Earthwork, Drainage (surface, sub-surface, drainage pipe), Aggregate Placement (base and surfacing, riprap, pit run), Hot-Mix Asphalt Placement, Watering, Erosion Control Measures, and rock crushing for aggregate.

Mobilization is not included in the pricing of the daily rate of an excavator.

f. Minor Structures:

Miscellaneous construction work is that which requires the use of similar manpower and equipment normally associated with standard road construction/reconstruction and maintenance activities.

Possible Performance Activities: Clearing, excavation, trenching, placement/repair road/trail, repair of curb sections, fences, and guardrail, removal of existing structures, concrete placement (quantities not exceeding 10 cy, including forming and finishing), structural embankments and buttresses, gate installation and repair, cattleguard installation and repair, and stock pond cleaning and restoration.

g. Stream Restoration and Rehab:

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

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

h. Major Structures:

Construction of major structures will be limited to four structures or less. This work will involve all construction activities normally associated with road structure construction, including fish passage structures and bridges.

Possible Performance Activities: Construction of Fish Passage Structures including Pre-cast Box Culverts and Corrugated Metal and associated in-stream structures (Spans from 5 to 20 ft), clearing and grubbing, excavation and compaction, concrete placement, installation of water diversions, asphalt paving and maintenance to existing vehicle bridges including replacement of deficient concrete, steel or timber bridge members such as failing curbs, decking, stringers, and abutment posts.

i. Pit Development Crushing and Blasting:

Pit development, crushing and blasting consists of all construction activities normally associated with development of a new or existing material source (aggregate, pitrun, riprap, etc…) and the production of a specified aggregate material.

Possible Performance Activities: Clearing and grubbing, stripping of topsoil, removing overburden, drilling and blasting of material source, screening/sorting of material, rock crushing, stockpiling of materials, construction of access roads and conduction restoration activities.

Mobilization is not included in the pricing of the daily rate of a dozer.

Labor Rates

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 BPA call.

2. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

1. (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-

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

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

2. (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 Government wide http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

6. (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.

7. (g) Invoice.

a. (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. (i) Name and address of the Contractor;

ii. (ii) Invoice date and number;

iii. (iii) Contract number, line item number and, if applicable, the BPA Call number;

iv. (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

v. (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. (vi) Terms of any discount for prompt payment offered;

vii. (vii) Name and address of official to whom payment is to be sent;

viii. (viii) Name, title, and phone number of persons to notify in event of defective invoice; and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244

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

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

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

2. (B) If EFT banking information is not required to be on the invoice, in BPA Call 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.

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

b. (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 Part1315.

8. (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.

9. (i) Payment.-

a. (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.

b. (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 Part1315.

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

d. (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.

e. (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-https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

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

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

2. (B) Affected contract number and delivery BPA Call number, if applicable;

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

4. (D) Contractor point of contact.

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

f. (6) Interest.

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

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

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

2. (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

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

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

1. (A) The date fixed under this contract.

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

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

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

2. (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

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

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

10. (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:

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

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

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

12. (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.

13. (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 https://www.acquisition.gov/content/part-32-contract-financing#i1081962 that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

14. (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.

15. (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.

16. (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.

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

18. (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.

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

a. (1) The schedule of supplies/services.

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

c. (3) The clause at 52.212-5.

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

e. (5) Solicitation provisions if this is a solicitation.

f. (6) Other paragraphs of this clause.

g. (7) The Standard Form 1449.

h. (8) Other documents, exhibits, and attachments.

i. (9) The specification.

20. (t) [Reserved]

21. (u) Unauthorized Obligations.

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

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

b. (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.

22. (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.

ADDENDUM TO FAR 52.212-4 The following clauses are hereby incorporated by reference.

NUMBER TITLE DATE

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 WITHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REGULATIONS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION -- DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION APR 2015

52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS MAY 2014

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGMENT JUN 2020

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-11 PLEDGES OF ASSETS AUG 2018

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS MAY 2014

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION JUN 2020

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

52.232-16 PROGRESS PAYMENTS JUN 2020

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER

INFORMATION

JUL 2013

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION (ALTERNATE I) NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2015

452.237-75 RESTRICTIONS AGAINST DISCLOSURE FEB 1988

3. 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 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 (CO).

The following are examples 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 Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Fertilizers Sorbents Multipurpose Lubricants

Biobased products that are designated for preferred procurement under USDA’s Bio Preferred 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 Bio Preferred 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.

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 52.233-2 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 and copy your Contracting Officer.

4. FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR

PROPERTY DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

http://www.sam.gov/

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

5. FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

6. AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. There is no need for Aircraft liability insurance.

7. FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least TWENTY PERCENT of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

8. APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

9. AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

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

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

10. FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within * calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than *. Estimated start date is *.

*AS SPECIFIED ON EACH INDIVIDUAL BPA CALL

11. SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, within Five (5) days from receipt of a request from the Contracting Officer, submit a time chart or schedule of proposed progress to ensure completion of the work within the time set forth in the BPA Calls. If the Contractor’s progress falls behind the schedule, Contractor shall take such action as

FERM 2.0 (Forest Engineering Road Maintenance) Ochoco, Deschutes and Fre-Win NFs necessary to improve progress; in addition, the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time specified.

12. BLANKET PURCHASE AGREEMENT AWARDS

This is NOT a Time and Materials BPA Call contract vehicle. A BPA call solicitation will be issued, and quotes will be required on each project submitted by Forest Service program folks. Almost ALL BPA calls will be a Firm Fixed Priced instrument, there could occasionally be a project that needs to be advertised as a Labor Hour instrument with Firm Fixed Price components. The hourly pricing requested will initially be utilized for price evaluation purposes in selecting a “Best Value” contractor. However, the Government shall terminate any successful contractor’s Agreement should their BPA Call lump sum pricing not be a reflective derivation of the pricing they propose herein.

13. FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of BPA calls by the individuals or activities designated in the Schedule. Such orders may be issued from Date of award through August 7, 2030.

(b) All BPA calls are subject to the terms and conditions of this contract. In the event of conflict between a BPA call and this contract, the contract shall control.

(c) If mailed, a BPA call is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

14. FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

15. BPA CALL PROCEDURES (Multiple Award)

The following provision defines the process by which (1) an opportunity to quote will be afforded; (2) BPA call will be processed and priced; and (3) BPA calls will be awarded.

(a) An Opportunity to Quote:

1. One or more BPA Calls may be issued during the performance period of the resulting Blanket Purchase Agreement. The Contracting Officer's (CO) decision to issue a BPA Call to a particular awardee shall be based on the criteria stated below. The CO will give each qualifying (Business Status) awardee an opportunity to quote for each BPA Call in excess of $2,000 and/or $2,500 unless one of the conditions in paragraph (2) below applies.

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

FERM 2.0 (Forest Engineering Road Maintenance) Ochoco, Deschutes and Fre-Win NFs

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

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

C. Only one such awardee is capable of providing such services required at the level of quality required because the services BPA Called are unique or highly specialized; or D. The BPA Call must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an BPA Call already issued under the contract, provided that all awardees were given an opportunity to quote for the original BPA Call.

(b) Selection Criteria for Awarding a BPA Call.

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

Evaluation of relevant past performance will be based on each awardee’s original past performance data as supplemented by the Government and contractor during the life of the BPA. As work proceeds under this BPA, it is probable that the relevant past performance data submitted with the original BPA solicitation proposal will be disregarded for current performance reports received on BPA calls performed under an Agreement. In addition, individual BPA Call selection criteria may include other factor(s) relevant to the particular BPA Call. The BPA Call of importance for the factors will be identified on each individual project BPA Call.

(c) BPA Call Process

1. A warranted Contracting Officer, regardless of location, responsible for Acquisitions within the Area defined in the Scope of Work will issue any BPA Call exceeding $2,000.00 for construction and $2,500.00 for services. The Contracting Officer will issue a BPA Call Quote Request to all contractors within a designated work activity; unless the work is specifically set aside for HubZone, 8(a), WOSB, SDVOSB etc. if an opportunity to quote exception applies, the BPA Call quote request will be issued to the designated group or single contractor, as applicable. The BPA Call quote request will include a due date for quote/proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate.