Combined Solicitation LaGrande WW Road Blading.pdf

Wallowa Whitman National Forest 2023 WW Road Blading and LaGrande Road Blading Solicitation #1240BE23Q0136

SCHEDULE OF ITEMS / SERVICES

Contract: LaGrande Ranger District Road Blading

Call Order: Issue Date:

08/28/2023

Issuing Office:

Ochoco National Forest Attn: Cyndy Armour 3160 NE Third St.

Prineville, OR 97754

(541) 410-6720 (cell) cynthia.armour@usda.gov

Contractor:

Item No. Road Number Beginning and Ending

Locations Miles Unit Price Amount

1 6220 From Mill Creek Rd./County Rd.

65 to Moss Springs Campground

5.5 $ $

2 21 From Hwy 244 to the 2120 Jct. 10.6 $ $

3 7785 From Hwy 203 to the trailhead at the end of road

5.3 $ $

4 67 From 70Rd. Jct. to the 800 Rd.

Jct.

8.8 $ $

5 43 From I-84 to 4305 Jct. 5.6 $ $ 6 4305 From 43 Jct. to the 220 Rd. Jct. 11.8 $ $

7 2036 From Hwy 203 to the 2038 Rd.

Jct.

6.5 $ $

8 3120 From the end of County Rd. 7 to Indian Rock Viewpoint

7.1 $ $

TOTAL BASE MILES 61.2 $

OPTION ITEMS

9 2115 From the 21 Jct. to the 5427 Jct. 5.6 $ $

10 2444 From highway 244 to 310 junction

4.9 $ $

11 43 From the 4305 Jct. to the 4315 Jct.

8.2 $ $

12 2036 From 2038 Rd. Jct. to end of road 7.6 $ $ 13 67 From the 800 Jct. to the 77 Jct. 5.1 $ $

14 21 From the 2120 Jct. to the 2115 Jct.

1.6 $ $

TOTAL OPTION MILES 33.0

BLADE ONLY – Using Natural Moisture Grand Total: $

SCHEDULE OF ITEMS / SERVICES

Contract: Wallowa Whitman Road Blading

Call Order: Issue Date:

08/28/2023

Issuing Office:

Ochoco National Forest Attn: Cyndy Armour 3160 NE Third St.

Prineville, OR 97754

(541) 410-6720 (cell) cynthia.armour@usda.gov

Contractor:

Item No. Road Number Beginning and Ending

Locations Miles Unit Price Amount

1 66 From Forest boundary to Fish Lake CG

15.2 $ $

2 77 From Hwy 86 to the 7715 Jct. 11.7 $ $

3 77 From 7715 Jct. to the 7015 Jct. 9.5 $ $

4 77 From 7015 Jct. to the 67 Jct. 9.5 $ $

5 70 From 7015 Jct. to the 300 Jct. 4.5 $ $

6 7735 From end of County road 969 to 7720 Rd. Jct.

5.9 $ $

7 7015 Empire gulch from 70 Rd. Jct. to 77 Rd. Jct.

4.7 $ $

TOTAL BASE MILES 61 $

OPTION ITEMS

8 7745 From the 77 Rd. Jct. to the End of Road

6.2 $ $

9 7720 From 77 Jct. to the 7735 Jct. 1.4 $ $

10 7710 From the 77 Rd. Jct. to St.

Highway 413

3.0 $ $

11 7705 From the 77 Rd. to Forest Boundary

3.7 $ $

TOTAL OPTION MILES 14.3

BLADE ONLY – Using Natural Moisture Grand Total:

The Period of Performance for these BPA calls is from the Date of Award through July 30, 2024.

The Government may make a single or multiple award on this BPA Call.

Contractor: (Name, Date and Signature)

Requested By: (Signature)

COR: Katie Young

Ordered By: (Signature and Date)

Contracting Officer: Cyndy Armour

1. DESCRIPTION OF WORK/LOCATION

The LaGrande Ranger District and Wallowa Whitman (WW) National Forest is seeking a contractor to provide all labor, supplies, supervision/superintendence, materials, and equipment necessary to perform road blading work only. The project is throughout the LaGrande Ranger District and WW National Forest. See project Vicinity Maps.

2. STATEMENT OF WORK

Work will consist of blading and shaping approximately 61.2 miles of single lane aggregate/native surfaced roads, and 33.0 miles of optional single lane aggregate/native surfaced roads on the LaGrande RD.

Compaction will not be required on this 2023/24 blade work.

Work will consist of blading and shaping approximately 61.0 miles of single lane aggregate/native surfaced roads, and 14.3 miles of optional single lane aggregate/native surfaced roads on the WW NF. Compaction will not be required on this 2023/24 blade work.

Blading will consist of cutting and pulling ditches/shoulders to bring surface materials back into road bed and allow for proper drainage. Surface water should drain directly into side ditches at the shoulder without interruption by false ditches formed by accumulation of excess surfacing materials. Excess materials are not to be deposited in ditches, they shall be "feathered out" or piled in turnouts in a way that does not obstruct traffic, public access or water drainage. Reasonable steps will be taken to ensure that all suitable material that has been worked onto the road bed edge by traffic or maintenance activities be reclaimed onto the roadbed.

Bridges and cattle guards will not be bladed over, Blading will "end" and "begin" before and after bridges/cattle guards, as to keep surface materials off of bridge decks and out of cattle guard drainage ditches.

At intersections, the roadbeds of the side roads shall be bladed or "feathered out" to assure a smooth transition.

Undercutting of the road surface at the roadbed edge and leaving a berm is unacceptable.

Work will be completed when the road prism is properly shaped and the crown, in slope and/or out slope, is adequately formed for proper roadway drainage.

3. BLADING AND WATERING

Performance requirements and standards listed in the parent contract will apply for blading on this BPA Call. Performance requirements are listed on page 5 of the parent contract and performance standards are provided per attachment 811 – SURFACE MAINTENANCE, provision 811.02. Typical drawings are attached to the contract.

Watering requirements are not provided with the parent contract and are as follows:

Watering is not required (Natural Moisture Preferred) but if utilized…

Water is required only to the full extent necessary to prevent segregation of the surfacing materials and to maximize the compaction potential of the surfacing materials as required under Performance Requirements.

Contractor may elect to obtain water from sources other than those designated in the Water Source listing (provided by the COR, is needed), and is responsible to obtain the right to use the water from all sources.

Some water sources may not be adequate late in the season. Water source map will not be included but if needed contact the COR for approved locations.

Draft hoses used to extract water shall be tightly fitted with screens having openings no larger than 3/32 inch. Water shall be extracted from streams in such a manner that a flow, adequate for fish survival, is maintained at and below the point of extraction.

4. 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 10 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 July 30, 2024. The time stated for completion shall include final cleanup of the premises.

Work is estimated to begin: anytime in the Fall of 2023 or Spring of 2024 when there is enough natural moisture in the ground for productive road blading.

5. PROSECUTION OF WORK

(a) Grading activity shall be limited to the hours between 5:30 a.m. and 7:00 p.m., Monday through Friday, unless other hours are approved in writing by the CO. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs at either end of the road being graded.

6. POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled and held within ten days after the date of contract award, or mutually agreed by both parties. The conference will be held using Microsoft TEAMS meeting software.

7. FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of-

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

8. FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR

1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

9. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

10. FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

11. FAR 52.236-12 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

12. FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991) Alternate I (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will-

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 ; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

Alternate I ( Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall-

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

13. SAFETY

In addition to the hazards listed in the original contract, the following inherently hazardous conditions may exist on the job site: working around heavy equipment. Contractor shall submit a job-specific safety plan that addresses, at a minimum, the hazards listed in the parent BPA and the additional hazards listed above.

The safety plan shall be submitted to the Contracting Officer no later than at the post-award meeting.

This requirement for a safety plan can be combined with the requirement of an accident plan in #16. They can both be addressed in the same document.

14. 24. FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

15. PERSONAL PROTECTIVE EQUIPMENT

Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE.

PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/Publications/osha3151.pdf.

• Manual Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

• General Machine and Vehicles Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html https://www.osha.gov/Publications/osha3151.pdf https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

16. MEASUREMENT AND PAYMENT

Measurement and payment for all work done on this project shall be in accordance with the Schedule of Items.

17. INVOICING

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors to establish your account.

18. PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

19. FAR 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(A) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(B) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(C) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(D) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(E) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may— https://www.ipp.gov/index https://www.ipp.gov/vendors/enrollment-vendors

1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

2) Reduce the contract price to reflect the reduced value of the services performed.

(F) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2) Terminate the contract for default.

20. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer (CO) will designate the Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with the work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

21. CONTRACTING OFFICER’S REPRESENTATIVE

Name: Katrina (Katie) Young Telephone: (541) 602-4845 Email: katrina.young@usda.gov mailto:katrina.young@usda.gov

22. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

FAR 52.242-14 Suspension of Work (AUG 1989)

FAR 52.242-15 Stop-Work Order (AUG 1989)

FAR 52.242-17 Government Delay of Work (APR 1984)

23. SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable;

or (2) failure of the Contractor to comply with specifications such as but not limited to placement of chemical sprays in areas other than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

24. AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT DEVIATION (JUL

2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to

FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

25. 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.

(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.

26. PROJECT CONDUCT

It is extremely important that inappropriate behavior be recognized and dealt with promptly. Inappropriate behavior is all forms of harassment including sexual and racial harassment. HARASSMENT IN ANY FORM WILL NOT BE TOLERATED. Nonprescription unlawful drugs and alcohol are not permitted at the project site. Possession or use of these substances will result in the Contractor being released from the Project. Though Marijuana and CBD may be legal in the state of Oregon they are NOT allowed on Federal property or while working on a Federal contract. Federal law categorizes Marijuana as a controlled substance under Schedule 1 under the Controlled Substance Act, meaning knowingly or intentionally possessing the drug is illegal. Drug or alcohol abuse resulting in unfitness for duty will normally result in the Contractor being released from the project. During off-project periods, personnel are responsible for proper conduct and maintenance of fitness for duty. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

27. NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds onto the Malheur National Forest, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the Crook, Harney, Wheeler, or Grant County Weed Board or by other appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. 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.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands. (Use Equipment Cleaning Inspection/Verification Form)

(e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection. Materials to be used on the project will be delivered to the project after inspection and approval.

(f) Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups, vans, refrigerated trailers, and UTV’s) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site or re-enter the National Forest.

28. NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1) The name, address and telephone number of the subcontractor.

2) The date upon which the subcontract was entered into and its duration.

3) A description of the work being subcontracted including a listing of items, units, etc.

4) A filled-out SF 1413 from the Prime Contractor.

5) The Government reserves the right to reject any subcontractor who they have past knowledge of performance issues.

29. AGAR 452.236-70 EMERGENCY RESPONSE, FIRE SUPPRESSION AND LIABILITY (NOV

2021)

(a) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4 or 52.212-4 (c) Changes.

(b) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents, subcontractors, or employees subject to the fire classifications listed in subsection (c).

(c) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An “operations fire” is a fire caused by the Contractor's operations other than a negligent fire. The Contractor agrees to reimburse the Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [$0.00]. The cost of the Contractor's actions, supplies, and equipment expended or used on suppressing any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum. If the Contractor's actual cost exceeds the contractor's maximum obligation stated above, the Forest Service shall reimburse the contractor for the excess.

(2) Negligent Fire. A “negligent fire” is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. The Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of the Forest Service, on any fire on the contract area other than an operations fire or a negligent fire.

(d) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the Contractor’s obligations shall be the same as if performance was by the Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

30. FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

31. ROAD USE AND MAINTENANCE

The Contractor is authorized to use roads in the immediate project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the project area and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

32. TRAFFIC CONTROL

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road by traffic and at all intermediate points where the new work crosses or coincides with an existing road. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505

33. 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 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 Diesel fuel additives Greases Dust suppressants 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.

34. LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages Malheur Road Rules 24 Specification – 811 Surface Maintenance 2 801-1 Road Structure Details Drawing 1 Logout Illistration 1 Fire Protection and Suppression (R6-FS-6300-52, 53 & 54) 8 Equipment Cleaning and Inspection Sheet 1 Service Contract Wage Act Wage Determination 1977-0079, Rev. 73, Updated 06/30/2023

Capability Questionnaire 1 Maps 12

35. EVALUATION OF OFFERS

The Government will evaluate offers based on the best value to the Government, price and non-price factors considered. Factors to be considered include:

• Factor 1: Non Price Evaluation Criteria

Contractor's Capability based on Questionnaire responses – fill out Attachment #1 and return with quotes

• Factor 2: Price

Evaluation of Price Quote

The Government may reject any or all quotes, make award to other than the lowest offeror and waive minor informalities or irregularities in offers received.

The Government may award a contract on the basis of offers as received, without entering into discussions with any offeror. Therefore, each initial offer should contain the offeror's best terms.

36. AWARD DETERMINATION

Award under this procurement will be made to the most qualified offeror, which provides the best value to the Government, vendor capability, project schedule, and price considered. The Government may award a single award or a multiple award for this BPA Call. This will be determined by the Government as to the availability of contractors and period of performance requirements.

37. SUBMITTALS RELEVANT TO QUOTE

1) Complete Attachment #1 Questionnaire and return with your quote

2) Fill out and sign the BPA call pricing sheet(s)

3) Return completed #38 and 39 with quote

4) Safety/Accident Prevention Plan – Awarded contractor only

FILL IN AND RETURN WITH QUOTE

VENDOR NAME: _____________________________________________

VENDOR UEI: _______________________________________________

38. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or…