Special_Agreement_Requirements_doc3.pdf

Blanket Purchase Agreement Federal Highway Administration

SPECIAL CONTRACT REQUIREMENTS

Storage of Materials and Equipment

Materials shall be stored to assure the preservation of their quality and fitness for work. Right-of-way or other areas on Government land may be used for storage purposes, and shall be restored at the Contractor’s expense.

All storage sites shall be approved by the COR.

Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following:

A. PREVENTION OF LANDSCAPE DEFACEMENT

The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the COR. The Contractor shall gather rock debris or soil which falls outside the work due to contract operations and dispose of it as directed by the COTR. For example, this may include rocks, blocks of soil, and pieces of wood dislodged during access construction or the building of drill pads.

B. PROTECTION OF STREAMS, LAKES, RESERVOIRS, AND WETLANDS

The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, reservoirs, and wetlands with fuels, oils, bitumens, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the COR. If a petroleum spill occurs, the Contractor shall immediately notify the landowner, the COR, and the State, County, or City emergency response system.

C. PROTECTION OF FORESTS, PARKS, AND PUBLIC LANDS

The Contractor shall comply with all regulations of the State fire marshal, conservation commission, Forest Service, National Park Service, Bureau of Land Management, Bureau of Indian Affairs, or other authority having jurisdiction governing the protection of land in the vicinity of the project.

D. USE OF PREMISES

1. The Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

Hazardous Materials Hazardous Materials Identification

The Contractor will ensure that any material delivered for the Government is free of hazards of any kind, chemical or otherwise and/or will clearly identify any hazardous material upon delivery. Applicable clauses will be issued with each Call.

A. DRILL FLUIDS

Contractor shall prevent drill fluids and cuttings from entering any water way at any time during drilling operations. Any additive to the drill water shall be biodegradable.

B. HAZARDOUS MATERIALS

The Contractor shall notify the COR of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDSs) for those materials available at the project.

The Contractor shall take appropriate preventive measures to insure that any spill of oil or oil products, including anti-freeze and hydraulic fluid, does not enter any stream or other waters of the United States or any of the individual States and shall conform to the regulations set by the state and local Fire Marshall.

If the total oil or oil products storage exceeds 1320 gallons, or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered engineer. If you would like a copy of these SPCC requirements, please request them in writing from the FHWA Contract Specialist (see Subsection L- 102).

The Contractor shall immediately take action to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance spills which are caused by the Contractor’s employees, directly or indirectly, as a result of operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of all petroleum products or other hazardous substance spills caused by Contractor’s employees or resulting from construction operations.

Pollutants such as motor fuels, coolants, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on or into land or into rivers, streams, and impoundments, or into natural or manmade channels leading thereto. The Contractor shall properly dispose of vehicle oil filters, drained free-flowing oil, and oily rags as a hazardous waste. The contractor shall insure that absorbent wipes are available and a spill containment boom is deployed when working adjacent to streams.

Ozone Depleting Substances

Public Law 102-484 places restrictions on the use of ozone depleting substances (ODS) in the performance of any Government contract. No calls will include any specification, standard, drawing, or other documents that requires the use of a Class I ODS in the design, manufacture, test, operation, or maintenance of any system, subsystem, item, component, or process; nor does it require the delivery of any item of supply that contains (or a requirement that can only be met by) a Class I ODS. Any doubts or questions shall be immediately referred to the Contracting Officer.

Authorizations

All permits and agreements (including right-of-way and easement) will be obtained by the Government. Utility locates or clearance is the responsibility of the contractor.

Government-Furnished Data

With each Call order, the Government will furnish: (a) drawings or survey stations showing approximate locations of drill holes; and (b) all requirements set forth in applicable permits and/or agreements (including right-of-way and easement).

Load Limits

The Contractor shall comply with all current applicable load limits imposed on Federal, State, County, and City roads. The contractor shall make itself knowledgeable of all applicable load limits. This shall include National Park Service limits.

Safety

For safety requirements concerning contractor personnel, see FAR Contract Clause 52.222-41, Service Contract Act of 1965, as Amended, paragraph (h) Safe and Sanitary Working Conditions.

The Contractor shall provide and maintain work environments and procedures which will safeguard public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities.

The Contractor shall provide appropriate traffic safety devices when working in traveled roadways, highway intersections, railroads, utilities, bridges, restricted areas, etc.

All work shall be performed in accordance with all Federal and local laws and regulations.

Responsibility for Damage Claims

The Contractor shall indemnify and hold harmless the Government and its employees from suits, actions, or claims brought for injuries or damage received or sustained by any person, persons, or property resulting from the drilling operations or arising out of the negligent performance of the contract.

The Contractor shall procure and maintain until final acceptance of the contract, liability insurance of the types and limits specified below. The Contractor shall obtain insurance from companies authorized to do business in the appropriate state. The insurance shall cover all operations under the contract whether performed by the Contractor or by subcontractors.

Before work begins, the Contractor shall furnish “certificates of insurance” certifying that the policies will not be changed or canceled until 30 days written notice has been given to the Government. Insurance coverage in the minimum amounts sets forth below shall not relieve the Contractor of liability in excess of the coverage.

The Contractor shall carry insurance meeting the following minimums;

Worker’s Compensation Insurance. Minimum required by law.

Comprehensive or Commercial General Liability Insurance. Comprehensive or commercial general liability shall cover personal injury and property damage. It shall include coverage for contractual liability related to the indemnity provided under this contract and coverage for completed operations liability. Coverage limits shall not be less than $1,000,000 combined single limit for each occurrence.

If the coverage has a general aggregate limit, it shall not be less than $2,000,000.

Automobile Liability Insurance. Automobile liability insurance may be written in combination with comprehensive or commercial general liability insurance. Coverage limits shall not be less than $1,000,000 combined single limit for each occurrence.

Pricing of Adjustments

When contract price adjustment is allowed by the contract clauses, the Contractor shall submit the adjustment in the form of hourly rates or lump sum amounts.

The price adjustment shall include an itemized breakdown of direct costs such as materials, labor and equipment. Data supporting the Contractor’s overhead rate shall also be included with the price adjustment.

Availability of Contractor Records

Upon request by the Contracting Officer, Contractor records related to this contract shall be made available in a timely manner to the Contracting Officer:

during contract performance;

for 3 years after final payment; and for such longer period, if any, as is required by applicable statute or by any other contract clause.

All subcontracts at any tier shall include a provision giving the Government the same rights as provided above with respect to the subcontractor’s records.

Inspection

The COR and the Field Inspector shall have the right to inspect and approve all materials and equipment specified in this contract before drilling commences.

Inspections may be made periodically as work progresses, or as work is completed, to determine acceptability of method and manner of performance, the end product of the operations, and to make measurement for payment.

Acceptance

Acceptance shall be considered as the time when all services have been performed, and all soil samples, boring logs, and records have been delivered, inspected, and found to be in conformance with the contract requirements.

The following are acceptance criteria for services performed under Call orders:

a. QUALITY. Standards for acceptable performance are stated in the specifications set forth in

BPA.

b. QUANTITY. The quantity of work shall meet the minimum requirements established in the Call order.

c. TIMELINESS. The Contractor shall complete work on schedule and shall meet the deadline for any critical requirements identified in the Call order.

Description of Agreement

The Contractor shall furnish supplies and/or services, if and when requested by the Contracting Officer during the period specified in the paragraph below entitled "Effective Period." Purchases (which may be referred to as call orders) made hereunder must first have a written statement of work. The purchases shall reference this agreement. Such calls shall include a description of the job requirements, prices, delivery schedule, place of inspection and acceptance. The effective date of this agreement shall be the date signed by the Contracting Officer and the Contractor.

Calls will include a detailed description of work. All items will be provided and ordered in accordance with the attached Statement of Work and the most current Service Contract Wage Determination issued by the Department of Labor.

Variation in Quantities

The Contractor is responsible for the delivery of specified quantities. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity ordered, they will be treated as being delivered for the convenience of the Contractor.

Packing and Marking

All packing will be in accordance with standard commercial practices. Each package shall be clearly marked with the BPA number and referenced call numbers. If there is to be shipping of any core samples the procedures and who to ship to will be listed in the Statement of Work.

Price Lists

a) The Contractor may offer voluntary price reductions for previously approved items without written approval. These reductions should be shown as "VPR" on the invoice and price list.

b) The Contractor shall furnish price list changes to the Contracting Officer in sufficient time, however no less than 30 days to permit review and distribution to ordering activities before the pricing agreement period commences. Revised price lists must show company name and appropriate BPA number.

Work Schedule

The Work schedule shall be prepared by the Contractor based on priorities provided in the SOW. Once work begins, the Contractor shall work either:

a. Monday through Friday;

b. Ten consecutive calendar days, for a minimum of 10 hours per day, followed by 4 days off.

c. Other work schedule shall be preapproved by the COR.

The order in which the work is to be accomplished at the project location will be determined by the COR.

Performance Period

Performance is defined as the time from commencement of work until all services and deliveries have been inspected and accepted as complete and in accordance with the contract requirements.

Call orders

The Call order shall be issued in accordance with the following:

A. RFQ: The Government will issue a RFQ with, at a minimum, the following information:

1. Geographical location;

2. Scope of work; (e.g., drill site locations, depths, sampling intervals, etc.)

3. Estimated quantities;

4. Designated water sources;

5. Estimated completion date;

6. Government furnished data, if any and including priorities;

7. Name of COR.

B. Contractor Response: Unless specified otherwise, within 5 work days from date of receipt of an awarded Call order, the Contractor shall submit, at a minimum, the following:

1. Names of the personnel to be assigned to the work.

2. Name of the person who will be the Contractor’s liaison for this Call order. This person will be the COR’s sole contact with the Contractor for all matters concerning the Call order.

3. Equipment to be used.

4. Proposed work schedule incorporating Government priorities.

5. Discussion of any item in the scope of work not fully understood.

The Contractor’s response may be submitted via FAX or e-mail.

Joint project visits may be verbally requested prior to submission of the Contractor’s Response.

C. Call order Award and Notice to Proceed: A Call order award may be issued via facsimile or e-mail.

The Contractor shall perform no work unless they receive a signed SF1449, issued by the Contracting Officer.

D. Urgent Work: When agreement is reached, the Contracting Officer may issue a verbal notice to proceed with confirming signed Call order to follow.

If there are items not included on the itemized list please add as a separate line item on your proposal.

Stop Work Order 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 siltation of streams, 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 performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements.

Extent of Obligation Both parties are obligated only to the extent of authorized calls placed against this agreement by the Contracting Officer.

Pricing

The prices to the Government shall be as low as or lower than those charged the Contractor's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

Call Limitation

Orders under $2,500.00 - prepare a statement of work and place the order directly with any contractor.

Orders $2,500.00 and over - prepare a statement of work, check pricing and location for best value and send to one or more Contractors.

No individual call under this agreement shall exceed $500,000.00 (FAR 13.5).

DELIVERIES OR PERFORMANCE

Deliveries

Unless directed otherwise by the SOW, all soil samples, core samples, and all Daily Logs shall be delivered to the address designated below no later than 10 calendar days following completion of the drilling project:

ATTN: Geotechnical Western Federal Lands Highway Division 610 East Fifth Street Vancouver, Washington 98661-3801

Delivery Tickets

Service agreements made under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

1. Name of supplier

2. Blanket Purchase Agreement number

3. Date of Purchase (call)

4. Purchase (call) Number

5. Itemized list of supplies/services furnished

6. Quantity, unit price, and extension of each item, less applicable discounts

7. Date of completion

Invoices

The firm may request partial payment for each Call placed, provided that no successive request for partial payment is submitted within 28 days. An itemized invoice for each Call shall be submitted with each request for payment request.

Federal Highway invoices are processed by the FAA in Oklahoma City. Invoices may be sent by one of three methods: regular mail, commercial courier or e-mail. Below are the addresses for each:

1. U.S. Mail – Mailing Address Western Federal Lands A/P Branch, AMZ-150 PO Box 268865 Oklahoma City, OK 73125

2. Commercial Courier (i.e. Fedex, UPS etc.) - Physical Address Western Federal Lands A/P Branch, AMZ-150 Attn: Wm. Scott Parker – Phone No. (405) 954-5100 6500 S. MacArthur Blvd.

Oklahoma City, OK 73169

3. E-mail Instructions – To send invoices by e-mail, invoices must be in .pdf format

Send to:

WFLInvoices@faa.gov

Subject line must contain: Blanket Purchase Agreement Number, Invoice Number and Net Terms (Example: DTFH70-##-A-#####, Call No. ## Invoice No. ### Prompt Net ##)

Invoices must contain the following information:

1. Vendor name and address as it appears in block l7a on the SF Form 1449

2. Blanket purchase agreement number

3. Call (Delivery) Order Number

4. Date of each order

5. Itemized list of supplies/services for each call to include quantities, unit prices, and extended prices less any applicable discounts.

Payment will be made by Electronic Fund Transfer (EFT) in accordance with FAR Contract Clause 52.232-25, Prompt Payment, and FAR Contract Clause 52.232-1, Payments.

The FHWA’s local Finance office is available for payment inquiries: (360) 619-7660.

Ordering Address As shown by Contractor on SF 1449.

Payment Address

Payments under this contract will be sent electronically to the Contractor’s financial institution.

Effective Period

This Blanket Purchase Agreement will remain effective from date signed by both parties or until unilaterally rescinded by either the Contractor or the Government in writing. Pricing is in effective for 1 year, unless pricing for commodities increase drastically on the open market. This Blanket allows for price modifications after 1 year.

Place and Time of Delivery

Delivery location and time will be identified in each call order. Any deviations must have the express consent of the Contracting Officer. All calls will be placed as FOB destination.

Acceptance

The Government shall have 7 days from delivery of supplies/services to submit a claim for non-acceptance.

Warranties

The Contractor agrees that supplies/services furnished under this agreement shall be covered by the most favorable commercial warranties the Contractor offers to any customer for such supplies and services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause in this contract.

Notice of Individuals Authorized to Place Calls and Dollar Limitations

All orders placed against this Blanket Purchase Agreement will be by one of the following Contracting Officers.

They will provide the Statement of Work and the Itemized price list for each job requirement.

There are no other authorized individuals that can place orders against this BPA.

Each Statement of work will indicate a technical representative for any concerns or questions about the project.

Telina A. Thompson Simplified Acquisitions Dollar Limitation: Not to exceed $100,000.00 for Simplified Acquisition Procedures for Commercial Items in accordance with FAR Part 13.

Gunnar Prutz Simplified Acquisitions Dollar Limitations: Not to exceed $25,000 for Simplified Acquisition Procedures for Commercial Items in accordance with FAR Part 13.

Elizabeth Firestone Simplified Acquisitions Dollar Limitation: Not to exceed $500,000.00 for Simplified

Acquisition Procedures for Commercial Items in accordance with FAR Part 13.5

CONTRACT ADMINISTRATION DATA

Contracting Officer’s Representative

(From the Transportation Acquisition Regulations)

1252.242-73 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (October 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

Reporting in Federal Funding Accountability & Transparency Act Subaward Reporting system (FSRS)

What?

The vendor must report two kinds of information for each award:

Data on first-tier subcontracts exceeding $25,000 When applicable, report executive pay info.

o For the Prime.

o For some first-tier subcontractors

Why?

See FAR Clause 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards.

When?

By the end of the month following the month of award of a first tier subcontract that equals or exceed $25,000. (Example: If you award a $35,000 subcontract on July 17, the subcontract must be reported in FSRS by August 30th.)

What if I don’t award any subcontracts exceeding $25,000 on a contract?

Then you do not need to report anything in FSRS

How?

Access FSRS at: http://www.fsrs.gov The prime contractor is considered the “Awardee” in FSRS.

We suggest you review the FAQs https://www.fsrs.gov/#a-faqs.

We suggest you review the FSRS Awardees User Guide https://www.fsrs.gov/documents/FSRS_Awardee_User_Guide.pdf.

Do I need anything else?

See attached Log-in Instructions.

The contract number format is as follows:

o Contract #: DTFH701?A000?? Call ?

You will need your subcontractor’s or supplier’s DUNS Number. They can obtain a DUNS number at http://fedgov/dng.com/webform or by calling Dun & Bradstreet at 1.866.705.5711.

Who is exempt from this reporting?

Firms who in the last tax year had a gross income from all sources under $300,000

Who can answer questions?

FSRS Help Desk, toll free 1-866-606-8220

Attachment: FSRS Log-in Instructions