Flagging-Pilot Car Support Services (Traffic Control).pdf

Issuing Office:

Special Operations Center Northwest Division

This solicitation can be downloaded at https://www.sam.gov.

Solicitation:

IMPORTANT – NOTICE TO ALL PROSPECTIVE OFFERORS

Proposals shall be emailed to the Contracting Officer, at Jerome Watkins, jerome.watkins@usda.gov, by 1200 hours,CST (San Antonio - Local), 4/26/2023.

As part of its proposal, the Offeror shall complete/submit the following:

(a) SF 1449, Blocks 17a, 30a-30c;

(b) Fill in the appropriate information requested in Section B.1, Schedule of Items;

(c) Provide your responses to Sections E.4 Instructions to Offerors; and,

(d) Contact information for an individual with the authority to bind.

(e) Questions can be submitted via email until 1200 hours,CST (San Antonio - Local), 4/21/2023. Answers to questions will be submitted to SAM.gov as an amendment.

Quotes that arrive after the prescribed time for receipt of quotes will be considered late and treated in accordance with FAR 52.212-1, Instructions to Offerors-Commercial Items.

It is the Offeror’s responsibility to monitor the following website for any changes to the RFP:

https://www.sam.gov.

Quotes submitted in response to the solicitation shall honor the offer for 60 days.

This solicitation neither commits the Government to pay any cost incurred in the submission of the offer or in making necessary studies or designs for preparing the offer, nor to contract for services or supplies. Any cost incurred in anticipation of a contract shall be at the Quoter’s own risk.

Quotes shall be submitted to the Contracting Officer, Dr. Jerome Watkins, jerome.watkins@usda.gov.

Flagging-Pilot Car Support Services (Traffic Control)

Project Title:

Request for Quote (RFQ): 12048923Q0015 https://www.sam.gov/ https://www.beta.sam.gov/ mailto:Ebonee.Lister@usda.gov https://www.sam.gov/ https://www.beta.sam.gov/ mailto:Ebonee.Lister@usda.gov

Solicitation No. 12048923Q0015 U.S. Forest Service Flagging-Pilot Car Support Services (Traffic Control) National Office

TABLE OF CONTENTS

i

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

SECTION B - SECTION B SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.1 SCHEDULE OF ITEMS

B.2 BACKGROUND

B.3 SCOPE

B.4 INSTALLATION DETAILS

B.5 OTHER EQUIPMENT

B.6 OTHER REQUIREMENTS

B.7 TECHNICAL REQUIREMENTS

B.8 CONTRACTOR FURNISHED PROPERTY

B.9 LANDSCAPE PRESERVATION

B.10 FINAL CLEANUP

B.11 GOVERNMENT RESPONSIBILITIES

B.12 POST AWARD CONFERENCE

B.13 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT

B.14 INSPECTION AND ACCEPTANCE

B.15 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(JULY 2010)

B.16 MEASUREMENT AND PAYMENT

C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIALS SERVICES. FAR 52.212-4 (DEVIATION 2017-1) (DEC 2022)

C.2 ADDENDUM TO FAR. FAR 52.212-4(G) INVOICES

C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCES. FAR 52.252-2 (FEB 1998)

C.4 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

FAR 52.212-5 (MAR 2023) (DEVIATION 2017-1)

C.5 ORDERING (FAR 52.216-18) (Aug 2020) (TAILORED)

C.6 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C.7 INDEFINITE QUANTITY FAR 52-216-22 (OCT 1995)

C.8 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (52.216-32) (SEP 2019)

C.9 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

C.10 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

C.11 Post-Award Small Business Program Rerepresentation (FAR 52.219-28) (Mar 2023)

C.12 AUTHORIZED DEVIATIONS IN CLAUSES. FAR 52.252-6 (NOV 2020)

C.13 MODIFICATION FOR CONTRACT CLOSEOUT. AGAR 452.204-70 (DEVIATION JUL

2022)

D.1 EXHIBITS AND ATTACHMENTS

E.1 GENERAL INFORMATION

E.2 Size Standard and NAICS Code Information

E.3 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB

1998)

E.4 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1) (MAR

2023)(TAILORED)

TABLE OF CONTENTS

ii

E.5 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. FAR

52.212-2 (NOV 2021)(Tailored)

E.6 EVALUATION OF OPTIONS (JULY 1990)

E.7 AUTHORIZED DEVIATIONS IN PROVISIONS. FAR 52.252-5 (NOV2020)

E.8 TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

FAR 52.204-24 (NOV 2021)

E.9 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES. FAR 52.212-3 (DEC 2022) (DEVIATION CD 2023-O0002

Rev 1)

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC NORTHWEST

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

561990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR0489

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/26/2023 1200 CT

04/19/2023

800-832-1355JEROME WATKINS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12048923Q0015

5. SOLICITATION NUMBER

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

1 93 1087379OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC NORTHWEST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

See Schedule of Items, Section B.

Period of Performance: 05/01/2023 to 04/30/2028

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

VICKI L. KEEN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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.htm.

SAM UEI Number:

SECTION B

SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.1 SCHEDULE OF ITEMS

(a) The Oregon Department of Transportation requires the U.S. Forest Service to post warning signs and/or provide flaggers/pilot cars whenever smoke can be seen from highways or obstructs motorist's visibility when driving on Oregon State Highways.

(b) The contractor will provide Flagging/Pilot Car commercial services to USDA Forest Service in support of prescribed burning efforts for the entire Deschutes and Ochoco National Forests and Crooked River National Grassland. Flagging locations may include, but are not limited to, Highway 20, Highway 26, Highway 97, Highway 58, or any other roads on or adjacent to the Deschutes and Ochoco National Forests and Crooked River National Grassland.

(c) The work is generally intermittent and of short duration. The Government requires a non-personal service, Indefinite Delivery, Requirements contract for the required services. Services consist of contracting for three (3) Levels of Service (Attachment 1), and an overtime rate for each of these items, plus Electronic Reader (Message) Boards for a total of 6 Contract Line Item (s) per year . Hourly rates will include all costs for each stand-alone job, which entails flagging services required to secure a given site; flagging/signs at each end of the site and all support therein. There may be multiple sites along the same highway, and these will be viewed as separate jobs.

(d) Pricing - The offeror shall quote prices for each of the Line Items identified below.

ITEMS 1 through 6 – (PRICE only the Item #)

Base Year, 1 May 2023 – 30 April 2024

CLIN

Service or Product Quantity Per Hour

Hourly Rate Quantity Per Hour Overtime Hourly Rate

0001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

0002 Signs, Flaggers, daytime operations/Level 2

1 (ea) $ 1 (ea) $

0003 Signs, Flaggers, nighttime operations with temporary lighting/Level 2

1 (ea) $ 1 (ea) $

0004 Signs, Flaggers, Pilot Car, daytime operations/Level 3

1 (ea) $ 1 (ea) $

0005 Signs, Flaggers, Pilot Car, nighttime operations with temporary lighting/Level 3, 1 (ea) $ 1 (ea) $

0006 Reader (Message) Board, Electronic (Per Day)

1 (ea) $ 1 (ea) $

Subtotal N/A $ N/A $

Grand Total

N/A N/A N/A $

Option Year 1, 1 May 2024 – 30 April 2025

Hourly Rate Quantity Per Hour Overtime Hourly Rate

1001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

1002 Signs, Flaggers, daytime operations/Level 2

1 (ea) $ 1 (ea) $

1003 Signs, Flaggers, nighttime operations with temporary lighting/Level 2

1 (ea) $ 1 (ea) $

1004 Signs, Flaggers, Pilot Car, daytime operations/Level 3

1 (ea) $ 1 (ea) $

1005 Signs, Flaggers, Pilot Car, nighttime operations with temporary lighting/Level 3, 1 (ea) $ 1 (ea) $

1006 Reader (Message) Board, Electronic (Per Day)

1 (ea) $ 1 (ea) $

Subtotal N/A $ N/A $

Grand

Option Year 2, 1 May 2025 – 30 April 2026

Hourly Rate Quantity Per Hour Overtime Hourly Rate

2001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

2002 Signs, Flaggers, daytime operations/Level 2

1 (ea) $ 1 (ea) $

2003 Signs, Flaggers, nighttime operations with temporary lighting/Level 2

1 (ea) $ 1 (ea) $

2004 Signs, Flaggers, Pilot Car, daytime operations/Level 3

1 (ea) $ 1 (ea) $

2005 Signs, Flaggers, Pilot Car, nighttime operations with temporary lighting/Level 3, 1 (ea) $ 1 (ea) $

2006 Reader (Message) Board, Electronic (Per Day)

1 (ea) $ 1 (ea) $

Subtotal N/A $ N/A $

Grand

Option Year 3, 1 May 2026 – 30 April 2027

Hourly Rate Quantity Per Hour Overtime Hourly Rate

3001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

3002 Signs, Flaggers, daytime operations/Level 2

1 (ea) $ 1 (ea) $

3003 Signs, Flaggers, nighttime operations with temporary lighting/Level 2

1 (ea) $ 1 (ea) $

3004 Signs, Flaggers, Pilot Car, daytime operations/Level 3

1 (ea) $ 1 (ea) $

3005 Signs, Flaggers, Pilot Car, nighttime operations with temporary lighting/Level 3, 1 (ea) $ 1 (ea) $

3006 Reader (Message) Board, Electronic (Per Day)

1 (ea) $ 1 (ea) $

Subtotal N/A $ N/A $

Grand

Option Year 4, 1 May 2027 – 30 April 2028

Hourly Rate Quantity Per Hour Overtime Hourly Rate

4001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

4002 Signs, Flaggers, daytime operations/Level 2

1 (ea) $ 1 (ea) $

4003 Signs, Flaggers, nighttime operations with temporary lighting/Level 2

1 (ea) $ 1 (ea) $

4004 Signs, Flaggers, Pilot Car, daytime operations/Level 3

1 (ea) $ 1 (ea) $

4005 Signs, Flaggers, Pilot Car, nighttime operations with temporary lighting/Level 3, 1 (ea) $ 1 (ea) $

4006 Reader (Message) Board, Electronic (Per Day)

1 (ea) $ 1 (ea) $

Subtotal N/A $ N/A $

Grand

B.2 BACKGROUND

(a) Established in 1905, the U.S. Department of Agriculture (USDA) Forest Service (FS) is a Federal Agency that manages public lands in national forests and grasslands under a founding principle, "To provide the greatest amount of good for the greatest amount of people in the long run". The agency’s mission is to “sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations”. The FS has the responsibility for stewardship of more than 193 million acres of the nation’s forests and grasslands; for developing and communicating scientific knowledge through research and Support that leads to informed natural resource decision-making; for delivering technical assistance through state and private forestry programs; and for sharing knowledge and experience with others in the global community through international forestry.

(b) Through technical and financial assistance, the USDA Forest Service assists States and private landowners in practicing good stewardship, promoting rural economic development, and improving the natural environment of cities and communities. The agency continues to develop and use the best available scientific information to facilitate achievement of our goals and objectives. Domestic and international activities are directed at developing values, products, and services in such a way as to maintain ecosystem health.

(c) The Oregon Department of Transportation requires the U.S. Forest Service to post warning signs and/or provide flaggers/pilot cars whenever smoke can be seen from highways or smoke obstructs motorist's visibility when driving on Oregon State Highways. The work is generally intermittent and of short duration. IAW Oregon Occupational Safety and Health (OSHA), located at https://osha.oregon.gov/Pages/topics/flagging.aspx, “Flagging, and flaggers, are typically used when one lane of a road is closed and traffic must share the remaining lane. Flagging operations must accommodate all vehicles on the road, including non-motorized vehicles. Flaggers, who have completed formal training and have certification in Oregon, Washington, Idaho, or Montana, may practice as a certified flagger in Oregon. Flaggers must also be at least 18.”

(d) There is long history of contracting for staffing augmentation as a means of supporting additional workload requirements, and to mitigate temporary position vacancies. This Indefinite-Quantity, Indefinite-Quantity (IDIQ) contract is established to provide a more streamlined and consistent approach to meet requirements for contracted staffing positions applicable to the requirements of the Service Contract Labor Standards.

B.3 SCOPE

a) This Non-Personal Service Indefinite Delivery, Indefinite Quantity (IDIQ) contract is for Flagging/Pilot Car services in support of prescribed burning efforts on the Deschutes and Ochoco National Forests. The Oregon Department of Transportation requires the U.S. Forest Service to post warning signs and/or provide flaggers/pilot cars whenever smoke can be seen from highways or obstructs motorist's visibility when driving on Oregon State Highways. The work is generally intermittent and of short duration. We are contracting for three (3) levels of service, plus Electronic Reader (Message) Boards for a total of 6 Contract Line Items (CLIN) per year. Hourly rates will include all costs for each stand-alone job, which entails flagging services required to secure a given site; flagging/signs at each end of the site and all support therein. There may be multiple sites along the same highway, and these will be viewed as separate jobs.

(b) Services. Deschutes and Ochoco National Forest have had an ongoing Prescribed Fire flagging support contract for over a decade. The services provided are somewhat specialized when compared to normal flagging (e.g., road construction) operations as they involve active fire operations, fluctuating smoke levels, and a need for experience in and understanding of the operational fire environment. At the same time, response times can and often are quite short based on the fluctuating nature of environmental conditions conducive for prescribed fire operations. While industry standards suggest a 2-man flagging crew working an 8-hour shift Monday – Friday, services associated with this vehicle historically have involved weekend work and shifts beyond 8-hours.

(c) The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide Support Staffing Services in accordance with this Performance Work Statement (PWS). The Contractor shall provide the following services as ordered by the Government:

(1) The work is generally intermittent and of short duration. three (3) levels of service, and an overtime rate for each of these items, plus Electronic Reader (Message) Boards for a total of 6 CLINS.

(2) Hourly rates will include all costs for each stand-alone job, which entails flagging services required to secure a given site; flagging/signs at each end of the site and all support therein. There may be multiple sites along the same highway, and these will be viewed as separate jobs.

(3) The contract will be a single-award, Indefinite-Quantity, Indefinite-Quantity (IDIQ) contract. The anticipated period of performance is 01 May 1, 2023, through 30 April 2028. The IDIQ contract will consist of one, 12-month base period, and four, 12-month option periods. The total performance period under this contract is five years. The period of performance may be extended up to 6-months, 31 Oct 2028 if, FAR Clause 52-217-8, Option to Extend Services is exercised.

(4) Location. This contract will be for the entire Deschutes and Ochoco National Forests and Crooked River National

Grassland. Flagging locations may include, but are not limited to, Highway 20, Highway 26, Highway 97, Highway 58, or any other roads on or adjacent to the Deschutes and Ochoco National Forests and Crooked River National Grassland.

B.4 INSTALLATION DETAILS

(a) All signs shall meet the requirements of Manual of Uniform Traffic Control Devices, Oregon Supplement to the MUTCD and the Oregon Temporary Traffic Control Handbook (OTTCH).

(b) All signs shall be a minimum 48" x 48" (Except hand-held "Slow/Stop").

(c) All signs shall be reflective.

(d) All signs set a minimum one (1) foot above roadway.

(e) Sign ballast material shall be sandbags filled with dirt or sand. Rocks or wood are not allowed as ballast.

(f) Level 2 and 3 signs require two (2) orange flags which are at least 16" square mounted above the sign. Flags shall be mounted so that entire legend is visible.

(g) Sign spacing at 500' or as a minimum Advance Warning sign to be 1,500'.

(h) Pilot car to be a four-wheeled vehicle no smaller than a compact pickup and identified by a minimum 36" x 18" "PILOT CAR- FOLLOW ME" sign and equipped with a yellow, rotating light(s) compliant with State standards and regulations.

(i) Night operations require all traffic control devices to be reflective and flagger stations to be illuminated.

B.5 OTHER EQUIPMENT

(a) Flood light for each flagger (for hours of darkness).

(b) Reflectorized vests for flaggers.

(c) Radios for communication between flaggers.

(d) Radio for communication with prescribed fire Burn Boss. This radio must be capable of communicating within a minimum frequency range of 138 MHz to 174 MHz in the narrowband (12.5 kHz) mode on established Federal and state frequencies. Modified radios are not acceptable. Only radios listed on the National Interagency Fire Center's National Interagency Incident Communications Divisions' website https://www.nifc.gov/resources/NIICD/niicd-documents. The contractor shall be capable of programming incident frequencies into their radios. Contractor must comply with all National telecommunications and Information Administration (NTIA) rules and regulations on all Federal Agency incidents and with all Federal Communications Commission (FCC) rules and regulations on all State Agency incidents.

Contractor shall not use Government assigned frequencies for other than performance under this contract. Inquiries should be directed to: Bill Forsyth Phone: (208) 387-5720 (Local) email: bill.forsyth@usda.gov

(e) Rotating warning light(s) on Pilot Vehicle.

(f) Two (2) each per job- 48" x 48" orange signs with "CONTROLLED BURN AHEAD" (Informational - This sign is not a substitute for "ROAD WORK AHEAD").

B.6 OTHER REQUIREMENTS

(a) Flaggers and Pilot Vehicle drivers must be trained and certified by the Oregon State Department of Transportation.

(b) The required signs must be set at established spacing depending upon highway speeds. (MUTCD specified)

(c) If operating equipment in one lane such as Engines, cones will be needed to delineate the lane to be used by traffic.

B.7 TECHNICAL REQUIREMENTS

(a) The Contractor shall furnish all equipment, transportation, labor, operating supplies, supervision, fuel, and maintenance for equipment necessary to perform the work described. All of these costs must be figured into your hourly rate.

(b) The Contractor shall maintain all signs and equipment utilized on site for the duration of the job and will promptly remove signs and equipment from the highway when no longer required.

(c) Work shall be performed as directed by the Contracting Officer, in a written task or verbal order which will be memorialized in writing.

(d) The Contractor shall provide only Flaggers who are certified and possess an Oregon State Flagger Card or one from a state that is a party to the interstate reciprocity agreement of the State of Oregon. Copies of the certificates will be required for all employees working under this contract.

B.8 CONTRACTOR FURNISHED PROPERTY

Contractor shall provide:

(a) Signs: "SLOW", "CONTROLLED BURN AHEAD" or "PRESCRIBED BURN AHEAD" or "SMOKE AHEAD", "FLAGGER AHEAD", "BE PREPARED TO STOP". These signs shall meet the requirements of the Manual of Uniform Traffic Control Devices (MUTCD), for size and reflectivity, height from ground, ballasting, attached flagging, spacing, night illumination, and distance preceding hazard.

https://www.nifc.gov/resources/NIICD/niicd-documents

(b) Contractor shall also furnish "STOP" and combination "STOP/SLOW" signs conforming to the Manual of Uniform Traffic Control Devices.

(c) It shall be the responsibility of the Contractor to conform to all Oregon State Department of Transportation regulations governing signage, flagging, and pilot car operations, as current for the period of performance.

B.9 LANDSCAPE PRESERVATION

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

(a) Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

(b) Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

B.10 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

B.11 GOVERNMENT RESPONSIBILITIES

The Government shall:

(a) Attempt to give the Contractor at least 3 calendar days’ notice prior to start of required service. However, there may be instances where the Government cannot meet this time frame.

(b) Negotiate an agreed-upon length of time for completion of work for each order.

(c) Provide records that reflect the status of the required service to the Contractors.

B.12 POST AWARD CONFERENCE

A post award conference with the successful quoter is required. It will be scheduled within 5 days post award. The conference will be held through Microsoft TEAMS.

B.13 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT

USDA Forest Service warranted Contracting Officers supporting Region 6 are the only officials authorized to place orders under this contract.

B.14 INSPECTION AND ACCEPTANCE

The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

B.15 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) The US Forest Service has implemented the Contractor Performance Assessment Reporting System (CPARS) for reporting all past performance information. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 60 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

B.16 MEASUREMENT AND PAYMENT

(a)Method of Measurement.

All work performed shall be contingent on the issuance of a written Task Order and payment will be based on the terms of the contract and the Task Order under this contract.

(b) Payment Procedures

Invoices shall be submitted via the Internet Payment Platform (IPP) IPP.Gov. Payment for services and deliverables shall be made under this contract upon acceptance of the work required in accordance with SECTION B

SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS.

SECTION C

CONTRACT TERMS AND CONDITIONS

C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIALS

SERVICES. FAR 52.212-4 (DEVIATION 2017-1) (DEC 2022)

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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(v) Shipping number and date of shipment, including the bill of lading number and

(vi) weight of shipment if shipped on Government bill of lading;

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

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

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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CONTRACT TERMS AND CONDITIONS

(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;

(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;

https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

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(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.

(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 https://www.acquisition.gov/far/part-32#FAR_32_608_2 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701

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CONTRACT TERMS AND CONDITIONS

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.

Addenda to 52.212-4:

C.2 ADDENDUM TO FAR. FAR 52.212-4(G) INVOICES

Invoices in support of the US Forest Service shall be submitted to the following:

https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

SECTION C

CONTRACT TERMS AND CONDITIONS

The Contractor must follow the instructions on how to register and submit invoices via the Department of Treasury’s Internet Payment Platform (IPP) as prescribed in the previous communications from USDA and Treasury. 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.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollmentvendors.htm to establish your account.

C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCES. FAR 52.252-2 (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 (FAR clauses begin with 52).

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.216-22 Indefinite Quantity (Oct 1995) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation (May 2018) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.232-39 Protest after Award (Aug 1996) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-3 52.242-17 Government Delay of Work (APR 1984)

C.4 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. FAR 52.212-5 (MAR 2023)

(DEVIATION 2017-1)

(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 products and commercial services:

(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).

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CONTRACT TERMS AND CONDITIONS

(5) 52.232-40,…