RFQ No 1240BD23Q0010.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . 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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

1240BD23Q0010

brian.johnson3@usda.gov

(509) 423-2229

40BD 100

N/A

All quote packages shall be submitted via Block 7a.

40BD

Same as Block 9

Invoice Processing Platform (IPP) www.ipp.gov

(866) 973-3131 ippcustomersupport@fiscal.treasury.gov

Road Maintenance Blanket Purchase Agreement (BPA) USDA Forest Service

Washington State Colville, Gifford Pinchot, Mt. Baker-Snoqualmie, Okanogan-Wenatchee & Olympic National Forests Performance Years: 2023-2033

Brian A. Johnson

115310

$11.5M

02/28/2023

03/31/2023 1300 Pacific

40BD

USDA-FS CSA NORTHWEST 2

ATTN: BRIAN A. JOHNSON, CO

1220 SW 3RD AVE, STE 310

PORTLAND, OR 97204-2829

IPP

IMPORTANT:

Refer to PARAGRAPH M.5 for Documents to Submit as

Your Quote Package

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 1 of 145

Base + Four Option Years USDA Forest Service bajohnson03 Highlight bajohnson03 Rectangle

SERVICES AND PRICES

B.1 SCHEDULE OF ITEMS

“EQUIPMENT RATE” PRICING

Backhoe, Extend-a-Hoe with Thumb and 4-1 Bucket $____________/hour

Crawler Tractor/Dozer, D3 Minimum $____________/hour

Crawler Tractor/Dozer, D5 Minimum $____________/hour

Dump Truck, 10 Cubic Yard Minimum $____________/hour

Excavator, Small (40-50 hp) with Thumb and Blade $____________/hour

Excavator, Medium (90 hp) 25’ Minimum Reach with Thumb $____________/hour

Front End Loader, 2 Yard Minimum $____________/hour

Grader, 12G Minimum Equivalent $____________/hour

Grader, 12’ Minimum Blade $____________/hour

Roller, Vibratory, Steel-Wheeled, 54” Minimum, 35 SAE HP $____________/hour

Water Truck, 3000-Gallon Minimum $____________/hour

Assumptions:

1) The above equipment list is not all-inclusive; additional equipment may be requested at the BPA Call Level, e.g. snow removal, brushing, etc.

2) The price per hour reflects your company’s actual hourly rate as of the date the Request for Quotation (RFQ) closes;

3) The price per hour includes operator and required operating costs, e.g. fuels, lubricants, personal protective equipment (PPE), etc.;

4) The price per hour does not include transport to/from project location;

5) The price per hour shall be quoted as a “fully burdened cost rate,” which includes all G&A, profit, overhead, etc. for both the prime and subcontractor (if subcontracting);

6) The price per hour is for initial evaluation purposes only. After BPA award, BPA Call solicitations will be competed amongst all BPA companies and these rates may be adjusted to reflect actual project costs.

7) WARNING: A price per hour that substantially increases post-award—during BPA Call competition—may be an indicator of improper price submission during the pre-award phase as initially quoted by your company. A price per hour that increases above 5% on a year-to-year basis may be audited by the Contracting Officer (CO).

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 2 of 145

Base + Four Option Years USDA Forest Service

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF BLANKET PURCHASING AGREEMENT (BPA)

The U.S. Department of Agriculture’s Forest Service (USDA FS) Region 6 requires Road Maintenance Services for the Colville, Gifford Pinchot, Mt. Baker-Snoqualmie, Okanogan-Wenatchee, and Olympic National Forests.

The USDA FS roads provide access to and within national forests and other federal lands managed by various forest programs. The majority of roads are gravel and in varying stages of condition.

The intent of this Blanket Purchase Agreement (BPA) is to provide performance-based road maintenance services as outlined in Paragraph J.1 Attachment 3 – Road Maintenance Specifications. For all awarded BPA Calls, the company shall furnish the necessary personnel, material, equipment, indirect/direct costs to perform the Statement of Work/Specifications required by each BPA Call’s solicitation. The Contractor shall assume all risk, loss, damage or expense arising out of the prosecution of the work, except as otherwise provided by the government.

The USDA FS intends to award no more than fifteen to twenty-five (15-25) BPAs to cover all forests’ road maintenance requirements. The base BPA will include all administrative clauses, provisions, terms, and conditions that will apply to each BPA Call as awarded by the CO.

C.2 EXTENT OF OBLIGATION

The government is obligated only to the extent of authorized BPA Calls awarded under this BPA.

C.3 AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

(FEB 1988)

The Government shall place BPA Calls totaling a minimum of $2,500.00, but not in excess of the SAP as identified in FAR 13.5*. End of Clause

*FAR 13.5 authorizes the use of Simplified Acquisition Procedures (SAP) for the acquisition of services in amounts greater than the Simplified Acquisition Threshold (SAT), currently at $7.5 million. However, it can change throughout the life of the BPA.

C.4 BPA CEILING AMOUNT

The maximum (shared) ceiling is $49,000,000. This amount is cumulative for all BPAs awarded from this solicitation and is established to control the total BPA Calls (+ modifications) awarded over the 10-year period of performance. The BPA CO shall track and report the ceiling and produce a semi-annual report to government personnel only;

this will assist in ensuring the approved ceiling is not exceeded.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 3 of 145

C.5 INDIVIDUALS AUTHORIZED TO PLACE BPA CALLS

Any USDA FS CO may issue a firm-fixed-price (FFP) BPA Call against this BPA within the limits of his/her warrant and only for work covered by the road maintenance specifications contained herein.

BPA Calls may only be issued for the following National Forests and their associated Ranger Districts): Colville National Forest; Gifford Pinchot National Forest; Mt. Baker- Snoqualmie National Forest; Okanogan-Wenatchee National Forest; and the Olympic National Forest.

Note #1: As authorized under Paragraph G.8 “Annual BPA Review Procedures,” the BPA CO, if justified, may add additional Region 6 forests.

Note #2: The BPA CO is the only official authorized to modify the BPA. The BPA Call CO is prohibited from adding provisions and clauses that are not included in the original BPA or modifications thereto.

C.6 DELIVERY TICKETS

All material delivery tickets issued during BPA Call performance shall be provided to the BPA Call CO/COR and include the following information:

Name of Supplier;

BPA Call No.;

Date of Purchase;

Purchase Number;

Itemized List of Supplies Furnished;

Quantity; and Date of Delivery.

C.7 INVOICES

The only authorized location to submit BPA Call invoices is the U.S. Department of the Treasury's Invoice Processing Platform (IPP). In order to receive payment for completed services your company must be registered in IPP and submit all invoices electronically via this website. This is a mandatory requirement initiated by the U.S. Treasury.

Useful IPP Links:

About IPP: https://www.ipp.gov/about-ipp/index Vendor Registration: https://www.ipp.gov/vendors/index Vendor Assistance: https://www.ipp.gov/contacts/index Invoice Submission: https://www.ipp.gov/

C.8 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72)(FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work / Specifications referenced in Section J.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 4 of 145

C.9 POTENTIAL BPA CALL TYPES

(A) Types of BPA Calls to be issued:

(1) Routine Maintenance: The BPA companies will be provided with a solicitation package and allowed reasonable time for review, estimating, and submittal of a quotation package.

(2) Emergency Maintenance Projects: This type of project may require operations during, or immediately after, a disaster or catastrophic failure.

These actions may be required to restore essential travel, protect facilities, or minimize damage. The BPA companies may be required to travel to the site of damage to obtain project information. The Government may provide limited information such as a brief Statement of Objectives (SOO) or project overview, and require the companies to quickly determine approach, price, and begin work immediately following BPA Call award. Before mobilizing, the awardee must obtain written CO authorization to start work.

C.10 APPLICABLE WAGE RATES

The McNamara-O’Hara Service Contract Act (SCA) of 1965, as Amended is applicable to all road maintenance specifications.

U.S. DoL’s Wage and Hour Division Website: https://www.dol.gov/agencies/whd

Note #1: Each company is not required to submit weekly payrolls to the BPA Call CO, but instead properly record and retain payrolls three (3) years from the date of USDA FS final inspection/acceptance. Refer to Federal Acquisition Regulation (FAR) 52.222-41 Service Contract Labor Standards, (i) Records. If Washington State requires a longer retention period, your company must comply accordingly.

Note #2: Each company awarded a BPA Call is required to visit the WHD’s FirstStep Poster Advisor at https://webapps.dol.gov/elaws/posters.htm, print out the applicable posters, and post in a visible location at the project location. It is recommended by the WHD to, “contact your State Department of Labor to obtain information about your state’s requirements.” The CO/COR will not provide U.S.

DoL posters to your company.

C.11 ORDERING PROCEDURES FOR BPA CALLS

a. BPA Call RFQ. When the Government requires work under the BPA, an RFQ will be issued and will include:

Scope of Work (SOW), Performance Work Statement (PWS), or a Statement of Objectives (SOO); Specifications and Drawings; Clauses;

Wage Determination; and Evaluation Criteria.

Note to Companies: The clauses awarded in your company’s specific BPA apply to all awarded BPA Calls. If the CO includes clauses at the BPA Call Level it is to draw your attention to the particular clause(s). If a CO does not include clauses at the BPA Call Level the BPA clauses still apply, as applicable.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 5 of 145

b. BPA Calls. All work will be awarded on a BPA Call basis. Each BPA Call shall be issued as a firm-fixed-price (FFP) contract. The maximum award amount (including modifications) shall not exceed the Simplified Acquisition Threshold (SAT) (in accordance with FAR 13.5).

c. Pre-Award (Solicitation) Expenses. The Contractor will not be reimbursed for quotation preparations, pre-quote site visits, project walk-throughs, and all other pre-BPA Call expenses.

d. Site Visits. A company’s failure to visit the site cannot be used as an excuse for omissions or miscalculations. The Government may or may not schedule a joint site visit for each solicitation. FFP BPA Calls are not subject to adjustment based on the company’s cost experience in performing the contract and the company bears all price and performance risk on FFP contracts (FAR 16.202-1).

e. Solicitation Contents. Depending upon the RFQ’s requirements, the Contractor may be required to provide price only, or a technical quotation and price quotation. Contractors shall respond within the number of calendar days stated on the RFQ’s SF-1449 or elsewhere within the body of the RFQ, e.g., Deliveries or Performance.

f. Competing for a BPA Call. All BPA companies will be given fair opportunity to compete for all BPA Call solicitations unless the CO determines negative past performance makes the contractor ineligible or a single-source action, i.e.

emergency project, is justified. In determining eligibility to compete, the CO will consider such factors as present/past performance on BPA Calls under the company’s BPA, quality of work, schedule compliance, special expertise, or other factors the CO determines are relevant to the award of a particular BPA Call.

Failure to prosecute the work diligently on BPA Calls may be cause for the CO to determine a company ineligible to compete on a future BPA Call solicitations and potential termination of the company’s BPA.

g. Evaluation Method and Procedures. The basis for award of BPA Calls may vary depending upon the goals and objectives for each project. The basis of award will be described in the solicitation. Examples of a basis for award are:

1. The BPA Call award will be based on price only.

2. The BPA Call will be awarded to the company that quotes the best value to the Government, considering both price and non-price factors.

Important: The Government reserves the right to accept other than the lowest quoted price.

h. Award Decision. Whenever possible, award will be made without discussions.

The Government reserves the right to reject all quotes.

i. BPA Call Award Notification. The BPA Call CO reserves the right to distribute the award notification via electronic means. Paper notification via the United States Postal Service (USPS) is not allowable unless circumstances support otherwise.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 6 of 145

j. BPA Call Format. The CO/COR preparing the solicitation documents shall prepare them according to the BPA format as provided at the USDA Forest Service Contract Portal.

k. Electronic vs. Paper Documents. To comply with the Paperwork Reduction Act of 1995, all documents associated with this BPA will be issued electronically.

Each BPA awardee is required to reproduce all hardcopy documents at the company’s expense. These expenses shall not be charged to the USDA Forest Service. The COs issuing BPA Calls, modifications, letters, etc. will issue them electronically and will apply an e-signature, as applicable. The BPA companies are encouraged, but not required, to do the same.

C.12 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70)

(SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line items: All BPA Call Line Item(s) (excluding 48890 below) NAICS Code: 115310 – Support Activities for Forestry Size Standard: $11.5 Million Product Service Code: Z1LB – Maint. of Highways, Roads, Streets, Bridges, and Railways

Contract line items: Snow Clearing/Removal BPA Call Line Item(s) NAICS Code: 488490 – Other Support Activities for Road Transportation Size Standard: $18.0 Million Product Service Code: Z1LB – Maint. of Highways, Roads, Streets, Bridges, and Railways

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 7 of 145

MARKING CONTRACTUAL DOCUMENTS

D.1 MARKING OF CORRESPONDENCE

All correspondence, e.g. e-mails, letters, etc., transmitted between the USDA FS staff and contractors, shall be clearly marked with the BPA Call No. and Project Title. This practice ensures official contract documents are accurately identified for document filing purposes.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 8 of 145

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

(Excerpt from FAR 52.212-4 (a))

(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.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 9 of 145

DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-17 Government Delay of Work (APR 1984)

F.2 PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is from ______ through ______*

(End of clause)

* Contracting Officer shall insert the appropriate dates (BPA Call Level).

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 10 of 145

CONTRACT ADMINISTRATION DATA

The following contract administration paragraphs may be included at the BPA Call Level (if applicable):

G.1 AGAR 452.237-71 PRE-BID/PROPOSAL CONFERENCE (FEB 1988)

(a) The Government is planning a pre-bid/quote/proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the Contracting Officer of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:

Date: ______________________ Time: _____________________ Location: __________________

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is responsible for administering the performance of work under awarded BPA Calls. In no event will any understanding, agreement, modification, change order or other matter deviating from the terms of the BPA Calls be effective or binding upon the government unless formalized by proper contractual documents executed by the CO prior to completion of the contract. The CO should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the BPA Calls, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract).

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

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 11 of 145

G.3 APPOINTMENT OF GOVERNMENT TECHNICAL MONITOR (GTM)

If the BPA Call COR requires USDA FS inspection support during BPA Call performance, the COR shall nominate, and the BPA Call CO appoint, a GTM using the GTM Appointment form.

The GTM’s primary duties and responsibilities include:

1) Monitor, evaluate, and communicate to the CO/COR the Contractor’s performance in complying with contract requirements in an efficient and timely manner;

2) Discuss with the CO/COR possible delays to contract performance;

3) Maintain documentation of all inspections performed including that the contractor has met or not met requirements; and

4) Promptly notify the CO/COR of any problems associated with labor requirements and employment eligibility of contractor employees.

G.4 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference (PAC) with the successful offeror is required. It will be scheduled within ______* calendar days after the date of contract award. The conference will be held at: ______*.

(End of clause)

* CO to insert number of calendar days and PAC location).

G.5 NOTICE TO PROCEED (NTP)

A Notice to Proceed will be issued in writing by the CO or the COR. No work shall begin until receipt of the signed NTP. The BPA Call period of performance shall commence on the day indicated on the NTP.

G.6 PROCUREMENT TECHNICAL ASSISTANCE CENTERS (PTAC)

Great Company Resource!

“Your local PTAC is dedicated to helping businesses succeed in public sector marketplaces. Funded, in part, by the US Department of Defense, the PTACs provide no-cost advising on all aspects of selling to federal, state, and local governments.

Workshops and Matchmaking Events teach you what you need to know and connect you with other businesses and agency buyers.

One-on-One Counseling tailored to your specific needs – always free of charge!

SAM Assistance: System for Award Management (SAM) registration is

FREE, and your PTAC can help you with this and everything else you need to sell to federal, state and local government agencies at little or no charge.”

Washington State PTAC Counselors: https://www.aptac-us.org/find-a-ptac/?state=WA

How PTACs Can Help You: https://www.aptac-us.org/contracting-assistance/ptac-help/

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 12 of 145

G.7 WORK ORDERS

The COR is to use the Work Order and Notice of Noncompliance (FS-6300-0012 Rev.

01/17) form, to confirm oral notices or directions to the contractor that do not involve an adjustment in the contract time or price. The COR cannot make contract changes unless specifically authorized by the CO.

Only the CO/COR is authorized to issue form FS-6300-12. Each Work Order shall be numbered sequentially under each BPA Call for tracking purposes. Identify each Work Order in numeric order, e.g. 01, 02, 03, etc.

Give Form FS-6300-12 directly to the contractor for signature and date to establish receipt. If the contractor refuses to sign the form, document the attempts to deliver it via the Contract Daily Diary (FS-6300-0020 Rev. 01/17) form, and on the face of form FS- 6300-12, and distribute copies to the CO and contractor. Examples of Work Orders and Notices of Noncompliance include:

1. Orders requiring compliance with fire control restrictions;

2. Rejections of unsatisfactory work or materials not meeting specifications;

3. Orders to perform work for which unit prices are available, and where the contract makes provisions for such adjustments;

4. Orders to enforce compliance with safety or sanitary provisions that the contract requires; and

5. Record of COR approval for the contractor to proceed with new segments or items of work when the specifications require such approval.

G.8 ANNUAL BPA REVIEW PROCEDURES

The BPA CO (or successor) that entered into the BPA must annually:

1. Ensure the BPA is reviewed for currency of format, provisions, terms and conditions, contractor business size, etc.;

2. Examine the frequency of the use of the BPA and the necessity for maintaining the BPA;

3. Maintain awareness of changes in the marketplace and other pertinent factors that may warrant making new arrangements with different vendors or modifying existing arrangements;

4. Update the BPAs as required. The BPA must be modified to include the most current provisions, clauses, etc. If, however, extensive changes are required, the contracting officer may cancel the existing BPA and issue a new one; and

5. Document the results of the review.

6. If BPA holders are added after initial award, the Contracting Officer shall document the rationale for the number and selection of additional awardees.

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 13 of 145

SPECIAL CONTRACT REQUIREMENTS

The following special contract requirements may be included at the BPA Call Level (if applicable).

H.1 SAFETY PLAN

The following conditions are identified as inherently hazardous conditions that may be present during BPA Call performance. Failure to take the proper precautions could lead to serious injury or loss of life; this list is not all-inclusive. If requested at the BPA Call Level, the contractor shall provide a written, BPA Call-specific Safety Plan. Appropriate actions shall be taken by the contractor to implement the Safety Plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

Tree felling Blasting Temporary excavation / deep trenching / slope stability Fall hazard from work heights exceeding six feet Traffic control on high-volume and/or high-speed and/or limited visibility roads Heavy equipment operation Confined space entry Tree climbing and/or tower climbing Fire hazards Hazardous materials handling Electrical hazard Hydraulic and/or pneumatic and/or other high pressure hazards Mechanical hazards such as pulleys, springs etc.

H.2 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) National Forest Road Rules applicable to the National Forest are incorporated by reference. Copies are available upon request.

H.3 RIGHTS IN AND USE IN MATERIALS

The Contractor, with the written approval of the CO, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace, without additional compensation, sufficient materials equal to the portion of the work, which was originally contemplated to be constructed with such material.

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H.4 CONTROL STAKES

The Contractor is responsible for the preservation of existing benchmarks and other control points. The cost of replacing them may be charged against the Contractor and may be deducted from the payment for the work. If the Contractor finds a missing stake it will notify the Government who will replace the missing stake within two (2) days.

Flagging not associated with stakes can be ignored.

H.5 PERSONAL PROTECTIVE EQUIPMENT (PPE)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chainsaw operation.

H.6 LOAD LIMITS

All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without a valid State and Forest Service oversized and/or overweight permit(s). The USDA FS permit application for this project may be obtained from the BPA Call COR.

Warning: The lead time required for permit approval is unknown, so BPA Call CORs and vendors shall consider this requirement during BPA Call development, solicitation, and award.

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H.7 CONTRACTOR'S USE OF EXISTING ROADS

Unless stated otherwise at the BPA Call Level, the contractor is authorized to use roads in the immediate road maintenance project area for performance of work under the BPA Call. The authorization is limited to roads necessary for direct access between the road maintenance area and storage sites, disposal areas, and other work areas designated in the contract. The roads authorized for use will be subject to the following general conditions:

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

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

The contractor shall be responsible for and perform road maintenance commensurate with its use of Forest Service roads in the maintenance area.

H.8 TRAFFIC CONTROL PLAN

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

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

H.9 MOISTURE SENSTIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Maintenance equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture and will require careful selection and scheduling to permit efficient operation. Any damage resulting from operations which renders the material unsuitable for use or results in potential siltation of streams will be corrected by the contractor at its expense.

H.10 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

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H.11 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND

POLLUTION (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.12 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 natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which falls outside the roadway, due to contract operations and dispose of it as directed by the Government.

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, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government.

H.13 CONTROL OF NOXIOUS WEEDS – CLEANING OF EQUIPMENT

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forests, the Contractor shall clean all equipment, except transports, of soil, seeds, vegetative matter, and any other debris that could contain seeds before moving the equipment onto the National Forest. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall clean all equipment of weed seeds prior to moving to another work area.

Prior to transporting equipment on to the National Forest, Contractor shall repair all equipment hydraulic, lubricant, and fuel leaks.

The Contractor may use whatever cleaning methods necessary to ensure compliance with the terms of this clause. The Contractor shall notify the Forest Service, prior to moving any equipment on to the National Forest that the equipment has been cleaned and is

Solicitation No. 1240BD23Q0010 Road Maintenance BPA Page 17 of 145 available for inspection. Notification shall include identifying the location of the equipment’s recent operations.

The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, “equipment” includes all motorized equipment used in road maintenance, except transports. The following equipment is excluded from the requirements of this clause: log trucks; chip vans; pickup trucks & other vehicles used to transport personnel.

H.14 SUBMITTALS

BPA Call submittals may include the following unless otherwise required in the BPA Call solicitation:

1. Date and revision dates.

2. Project name and BPA Call number.

3. Names of contractor, subcontractor, supplier and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the BPA Call solicitation.

The following are sample submittals may be required during the performance of this contract. Where this information is specific at the BPA Call Level it shall be prepared and provided specifically for that BPA Call project:

Submittal Title Referenced by Contract Clause or Specification No.

Time of Government

Approval

Safety Plan Refer to Paragraph H.1 N/A*

Traffic Control Plan Refer to Paragraph H.8 7 Days*

Fire Plan Refer to Attachment 6 N/A*

Designation of Representative Request from CO N/A*

Erosion Control Plan As Required by Specifications 7 Days*

*Submittals required are at the BPA Call Level as determined by the CO/COR.

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CONTRACT CLAUSES

Federal Acquisition Circular (FAC) Number: 2023-01 Effective Date: 12/30/2022

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Clauses: https://www.acquisition.gov/browse/index/far AGAR Clauses: https://www.acquisition.gov/agar FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) FAR 52.228-5 Insurance-Work on a Government Installation (JAN 1997) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-19 Availability of Funds for Next Fiscal Year (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012)

I.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

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“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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I.3 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

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

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

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I.4 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

2022) (DEVIATION 2017-1)

I.5 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS– COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION 2017-1,

DEVIATION APR 2020, AND DEVIATION (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 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)).

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(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. 3805note)).

(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 commercial services:

[Contracting Officer check as…