DRAFT_Federal Timber Transit BOA.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 N/A 44

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE DATE

12363N24Q4061 TBD

7. FOR SOLICITATION INFORMATION,

CONTACT:

EMAIL PREFERRED

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE-(LOCAL TIME)

Mark T. Phillipp mark.phillipp@usda.gov (541) 410-1187 Open and

Continuous

9. ISSUED BY

CODE 363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE % FOR: 50% Small Business

USDA Forest Service Procurement & Property Services

National Stewardship Contracting Branch

1400 Independence Ave. SW, MS-1138

Washington DC 20250-1138

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMAN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB HUBZONE SMALL BUSINESS NAICS: 488210

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS 8(A)

SIZE STANDARD: $34 M

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 363N 16. ADMINISTERED BY CODE 363N

USDA Forest Service

Procurement & Property Services

National Stewardship Contracting Branch

1400 Independence Ave. SW, MS-1138

Washington DC 20250-1138

USDA Forest Service Procurement & Property Services

National Stewardship Contracting Branch

As Indicated on Each BOA Order

17A. CONTRACTOR/OFFEROR CODE N/A

FACILITY

CODE

N/A 18a. PAYMENT WILL BE MADE BY CODE 363N

ADDRESS:

PHONE:

EMAIL:

*Invoice Processing Platform (IPP):

All invoices for payment must be submitted electronically through the Invoice Processing Platform Via www.IPP.gov.

SAM UEI #:

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

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

BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM

N0.

SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Federal Timber Transit BOA

BOA Awards under this solicitation will be made through issuance of multiple Blanket Ordering Agreements.

PERIOD OF PERFORMANCE: 5 YEARS FROM DATE OF AWARD

See Schedule of Items

On Page 2

25. ACCOUNTING AND APPROPRIATION DATA

N/A

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

N/A

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

1 Copy via EMAIL to Mark.Phillipp@usda.gov and Curtis.Yocum@usda.gov.

29. AWARD OF CONTRACT: REF.________________________________

OFFER DATED__________________

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.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Mark T. Phillipp

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 mailto:mark.phillipp@usda.gov http://www.ipp.gov/ mailto:Mark.Phillipp@usda.gov mailto:Curtis.Yocum@usda.gov

FEDERAL TIMBER TRANSIT BOA SOLICITATION 12363N24QXXX

USDA FOREST SERVICE PAGE 2 OF 44

DRAFT INFORMATION-QUOTES AND PROPOSALS SHOULD NOT BE CREATED FORM THIS INFORMATION

SCHEDULE OF ITEMS FOR TRANSPORT BY RAIL

ITEM

NO.

DESCRIPTION OF

WORK ACTIVITIES

UNIT

EST.

QUANTITY

UNIT

PRICE

TOTAL PRICE

Item 1: Transportation of Federal Timber Products by Rail – Debarking Required

Loading Siding Location ____________________________

Destination Siding Location___________________________

(Debarking, bark waste disposal, loading, reloading, unloading, freight, equip, supplies, and associated rail fees)

1a Class I Railroad Carrier Rail Car $ $

1b Class II Railroad Carrier Rail Car $ $

1c Class III/Short Line Railroad Carrier Rail Car $ $

1d Rail Car Storage per Month Rail Car $ $

Item 1 Total Cost $

Item 2: Transportation of Federal Timber Products by Rail – No Debarking Required

Loading Siding Location ____________________________

Destination Siding Location___________________________

(Loading, reloading, unloading, freight, equip, supplies, and associated rail fees)

2a Class I Railroad Carrier Rail Car $ $

2b Class II Railroad Carrier Rail Car $ $

2c Class III/Short Line Railroad Carrier Rail Car $ $

2d Rail Car Storage per Month Rail Car $ $

Item 2 Total Cost $

Total Cost of All Items $

USDA FOREST SERVICE PAGE 3 OF 44

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.

The Government must exercise its post-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at

Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (Using IPP now)

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

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

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic

Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other

Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211

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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

Government upon:

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

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

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

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

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

https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

USDA FOREST SERVICE PAGE 6 OF 44

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18

U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

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

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2. PROJECT DESCRIPTION

The USDA Forest Service requires services for the transportation of surplus Federal timber products by rail.

This Blanket Ordering Agreement (BOA) is part of a PILOT project that has been designed to incentivize the removal of surplus Federal timber products by providing alternative disposal outlets. This BOA will allow the issuance of future orders to be awarded as firm-fixed price contracts. The scope covers the transportation

(and all associated transportation services) of all Federal timber products including but not limited to timber originating on lands managed by the Forest Service and Bureau of Land Management.

Surplus or excess products are defined as: timber products that local industries and/or markets either cannot process prior to deterioration, are limited in capacity to receive products from hazardous fuels reduction projects timely, timber sales and IRTCs that go “No-Bid”, and/or where local markets do not exist.

The overall objectives of the incentive are:

1. Remove hazardous fuels from NFS lands that would otherwise not be treated or not treated within acceptable time frames for increasing pace and scale goals of forest restoration.

2. Ensure timber product facilities and industry remain viable and operational.

3. Establish and/or modernize the existing infrastructure for transporting forest products.

4. Provide forest products to new and/or emerging facilities and markets.

The government intends to award multiple BOAs from this opportunity. This BOA opportunity will remain

“Open and Continuous” for 4-years from date of any initial award made. Contractors may submit quotes and technical proposals at any time this BOA remains open.

3. INSTRUCTIONS

Please respond fully to the solicitation requirements (e.g., commercial pricing proposal, certifications and representations, and technical proposal criteria) of this parent Basic Ordering Agreement (BOA).

To be considered for award, all pay items as identified in the Schedule of Items (SOI) on page 1 must be priced or listed as N/A and Standard Form (SF) 1449 filled out completely. Items listed as N/A in the SOI by contractor will be considered not applicable or not needed to transport Federal Timber Products associated with that rail siding location. Only provide pricing for rail siding locations (loading and unloading) with which you intend on using. Incomplete pricing will be considered non-responsive and will not qualify for a BOA award.

The rates provided in each proposal should closely reflect future order quotes. Initial quotes will be used for competitive award evaluation purposes to receive a BOA. Contractors shall be required to submit yearly updated pricing to keep an awarded BOA active for up to 5-years total. Failure to notify the Contracting

Officer of desire to extend an award and/or update quotes yearly may result in BOAs being unilaterally canceled. Contractors will have the opportunity to submit updated quotes specific for each order, however order quotes should closely match the updated BOA rates. Executed orders will become firm-fixed-price contract awards based on the quotes submitted for individual orders.

Contractors must enter Estimated Quantities based on the number of rail cars anticipated to be or that could be transported yearly. Future orders may be for reduced or increased quantities of Rail Cars.

BOA holders MUST respond within the time frames and instructions as specified in each order.

Failure to respond to orders may result in cancelling of BOA. Therefore, contractors should only submit BOA quotes for transportation of contractor procured surplus Federal timber products.

Contractors must procure surplus federal timber product feedstock from either direct purchase of

USDA FOREST SERVICE PAGE 8 OF 44

timber sales, or from awarded timber sales, Integrated Resource Timber Contracts (IRTC), and/or

Integrated Resource Service Contracts (IRSC).

All Contractors must be actively registered in the System for Award Management (SAM) at https://SAM.gov to be eligible for award under this solicitation. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

4. SPECIFICATIONS

General specifications for each Contract Activity. Additional specifications for future requirements may be added to future order request for quotes.

Transportation of Federal Timber Products by Rail

1. Contractor shall perform all services and pay all fees associated with transporting timber products via rail including but not limited to loading, reloading, unloading, freight, equipment, supplies, and rail fees.

2. Contractor shall be responsible for coordinating all activities with third party rail line companies.

3. Transportation of unprocessed logs are subject to the restrictions and debarking requirements of

Attachment 1 title “Insect and Disease Risk Potential”.

4. Title of timber products must have passed to contractor prior to debarking and/or loading on rail cars.

Products shall either be scaled prior to debarking and loading unless products originated from a Tree

Measurement sale.

5. Demurrage or storage fees for rail cars waiting to be loaded for transport associated with the performance.

Debarking and Contractor Disposal

1. All unprocessed logs being transferred outside of ecological bug/pest zones may require pest mitigation measures and shall be debarked if required per Attachment 1. Any number of visually separate and clearly distinct small pieces of bark may remain if they are:

a. less than 3 cm in width (regardless of the length) or

b. greater than 3 cm in width with the total surface area of an individual piece of bark less than

50 square cm, and

c. no more than 2 percent of the surface of all logs per railcar load may retain bark, with no single log retaining bark on more than 5 percent of its surface.

2. Contractor shall be responcible for disposing of all bark waste products.

5. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance.

6. ACCEPTANCE

Contractor shall submit Bills of Lading (BOL) or other agreed to and acceptable form of documentation to prove quantities of rail cars loaded, transported, and delivered using the locations and rail lines as listed in the SOI for executed orders (awarded contracts). Full payment will be made with acceptable proof of rail transport for quantities invoiced.

https://sam.gov/

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7. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

CO shall inspect BOL or other submittals for accuracy prior to approving invoices.

8. 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 TBD per order after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than as the date specified on each order. The time stated for completion shall include final cleanup of the premises.

9. AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of these Basic Ordering Agreements is 5 years from date of intial BOA award, not to exceed 12/31/2029.

10. ORDERING

1. BOA Order Process

(a) Any services to be furnished under this agreement shall be ordered by issuance of BOA orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of BOA award and have a period of performance up to six months after expiration of the BOA. The BOA shall remain until either party to the BOA determines that it is no longer beneficial or effective during the performance period. Should the Government make this determination, a cancellation notice shall be provided to the vendor. Should the vendor make the determination, they shall provide written notice to the Government of their intent to cancel the BOA. Cancellation of the BOA will not affect the obligations of either party regarding outstanding orders which have not been closed out.

(b) Under orders, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder. Contractor’s Operations shall be conducted in a workmanlike and orderly manner.

(c) A warranted CO, regardless of Agency, responsible for acquisitions within the area defined in the

Scope of Work must issue any BOA order exceeding the simplified acquisition threshold. The CO will issue a BOA order quote request to all contractors with awarded agreements. The BOA order 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. The quote request will also include specific instructions for the submission of offers, the selection criteria factors, the factors order of importance, and other information deemed appropriate.

(d) Awardees under their BOA will generally be allowed fifteen (15) working days to prepare and submit quotes or proposals if requested. However, more, or less time may be necessary based on the requirements. The due date shall be set forth in each BOA order. While no mandatory requirement exists for the submission of a quote, firms that decline to submit or accept offers may jeopardize their ability to receive future BOA orders.

(e) Technical Information. An order request for quotes MAY include the demand for specific information depending upon any complexity of the order. Information that may be requested may include origin of shipments, destination of shipments, descriptions of the freight being shipped, quantities, etc.

USDA FOREST SERVICE PAGE 10 OF 44

(f) Price Quotes: A written price quote will always be required on the face of each BOA order form (OF)

347. Completing the form with an authorized signature will, in most cases, represent the sum of a firm’s price quote. Pricing will only be provided to the Contracting Officer.

(g) Clarification of Quotes: Quotes will be evaluated in accordance with selection criteria set forth in the orders Request for Quotes. If necessary, during the evaluation of quotes the Government may contact an agreement holder with questions concerning their quote. Upon completion of evaluations, the CO will offer a firm-fixed price BOA order to the awardee whose quote is most advantageous to the

Government.

(h) BOA Order Issuance: Orders may be issued verbally, by facsimile, or by electronic commerce methods. However, all orders must be finalized in writing and provided to the Contracting Officer with the appropriate signatures and agreed upon pricing for stated pay items.

(i) Unauthorized Work: The Contractor is not authorized to commence performance prior to issuance of a signed order and Notice to Proceed or written approval provided by the CO to begin work.

(j) Order funding restrictions: No unfunded orders are authorized under this BOA.

(k) The acceptance of a contractor’s quote by CO and any subsequent issuance of a signed order makes said order a binding firm-fixed contract.

(l) All BOA orders are subject to the terms and conditions of this agreement. In the event of conflict between an order and this agreement, the signed agreement shall control.

(m) When emailed, a BOA call is considered “issued” when the Government sends the order via email.

BOA calls may be issued by mail, orally, by facsimile, or by electronic commerce methods.

(n) Orders placed under this basic order agreement shall fall under FAR Subpart 13.5 - Simplified

Procedures for Certain Commercial Products and Commercial Services.

(o) Individual orders shall not exceed $3.5M.

(p) Total awarded orders under a BOA shall not exceed $7.5M.

2. Selection Criteria for Awarding a BOA Order

a. The Government will evaluate future order quotes based on a price reasonableness determination and required technical information submittals. The Government’s contract award decision may be based on price alone provided from order quotes. Contractors shall submit an acceptable form of assurance or proof that timber products being transported are surplus to the local market. Assurances or proof may be in the form of written rejection from local log buyers, direct sale of timber products to the

BOA holder from local contractors with rights to timber title, and/or letters from the local unit Timber

CO stating the products are surplus. Other acceptable forms of assurances may be proposed/submitted by contractors.

11. BASIC ORDER AGREEMENTS – REVIEW PROCEDURES

This agreement is subject to annual review procedures. BOA holders shall notify CO annually with intent to keep BOA open and pricing validity. Contractors shall submit new quotes yearly for parent BOA line items.

Newly submitted quotes will not be valid until accepted by CO based on a price reasonableness determination and when an order is issued against newly submitted rates.

12. PAYMENT

When payment is made to the contractor for services performed, it will be made in accordance with the specifications set forth in each individual order. Determination of Weights for freight transported will not be required unless specified. Payment will be made on the bulk unit of one rail car, or as specified in an order

SOI.

USDA FOREST SERVICE PAGE 11 OF 44

13. FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

1) Completion and acceptance of all work.

2) Presentation of a properly executed invoice; and

3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

14. INCIDENTAL PAYMENT ITEMS

The intent of an awarded contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the contract per FAR 52.247-12.

Payment for contract work will be made only for and under those pay items included in the Schedule of

Items when ordered. All other work and materials will be considered as incidental to and included in the payment for items shown.

15. SAFETY

Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this BOA and resultant orders or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified, and

Contractor may request an equitable adjustment.

16. 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 either of these websites:

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

• FAR 52.247-4 Inspection of Shipping and Receiving Facilities (Apr 1984)

• FAR 52.247-5 Familiarization with Conditions (Apr 1984)

• FAR 52.247-6 Financial Statement (Apr 1984)

• FAR 52.247-17 Charges (Apr 1984)

• FAR 52.247-20 Estimated Quantities or Weights for Evaluation of Offers (Apr 1984)

• FAR 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984)

• FAR 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household

Goods (Apr 1984)

• FAR 52.247-28 Contractor’s Invoices (Apr 1984)

17. CONTRACTOR PERFORMANCE SYSTEM REGISTRATION

All Contractors shall ensure that they are registered with the Contractor Performance Assessment Reporting

System (CPARS) within 30 days of contract award. System information can be found at:

https://www.cpars.gov/ https://www.acquisition.gov/browse/index/far https://www.cpars.gov/

USDA FOREST SERVICE PAGE 12 OF 44

18. INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing

Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Contractors register at: https://www.ipp.gov/contractors/enrollment-contractors.htm to establish an account.

19. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS — COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (NOV 2021), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13

USDA FOREST SERVICE PAGE 13 OF 44

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020)

(15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

_X_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9

USDA FOREST SERVICE PAGE 14 OF 44

_ _ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

_X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020)

(15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020)

(15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

(15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim

USDA FOREST SERVICE PAGE 15 OF 44

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial service as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008)…