Sol_140L4323Q0132.pdf

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

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

0004276614 CODE 16. ADMINISTERED BYCODE

X

X

X

212319

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLHA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/05/2023 1000 PD

06/20/2023

(503)808-6739Kevin Cochran (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4323Q0132

5. SOLICITATION NUMBER

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

1 66 0040602088OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

NORTH BEND OR 97459-2000

1300 AIRPORT LANE

BLM-OR COOS BAY DISTRICT OFFICE*

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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)

BLM OR-ST OFC PROC MGMT BR(OR952)

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.

Contracting POC: Kevin Cochran, kjcochran@blm.gov, 503-808-6739.

VENDOR POC: _______________________________

VENDOR TELEPHONE: _________________________

VENDOR EMAIL ADDRESS: _____________________

VENDOR UEI NUMBER: _______________________

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Farrell Cross

. 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.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

VENDOR TELEPHONE: _________________________

Delivery: 04/14/2024

00010 1 1/2"-0 crushed aggregate 1500 TN

Product/Service Code: 3820

Product/Service Description: MINING, ROCK

DRILLING, EARTH BORING, AND RELATED EQUIPMENT

00020 3"-0 crushed aggregate 1000 TN

Product/Service Code: 3820

Product/Service Description: MINING, ROCK

DRILLING, EARTH BORING, AND RELATED EQUIPMENT

Period of Performance: 07/15/2023 to 04/14/2024

00030 6"-2" Jaw Run Aggregate 100 TN

Product/Service Code: 3820

Product/Service Description: MINING, ROCK

DRILLING, EARTH BORING, AND RELATED EQUIPMENT

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

66 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L4323Q0132

00040 Rip Rap 150 TN

Product/Service Code: 3820

Product/Service Description: MINING, ROCK

DRILLING, EARTH BORING, AND RELATED EQUIPMENT

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AGGREGATE COOS BAY, NORTH BEND, OR SOLICITATION NO. 140L4323Q0132

BLM COOS BAY/DISTRICT OFFICE Page 4 of 66

SUPPLIES AND PRICES

This requirement is for a Single-Award Purchase Order for commercial items supply conducted under FAR Subpart

13.302. The vendor shall furnish Aggregate for pick up by government within the state of Oregon for the Bureau of

Land Management’s Coos Bay District to be transported to 212 Bridge Rd, Elkton OR, 97436.

ITEM #

ITEM

DESCRIPTION

Unit of

Measure

Estimated

Quantity

Unit Price Total

00010 1 ½” - 0 Crushed

Aggregate

TON 1500 $ $

00020 3” - 0 Crushed

Aggregate

TON 1100 $ $

00030 6” - 2” Jaw Run

Aggregate

TON 150 $ $

00040 Riprap TON 100 $ $

TOTAL

LOCATION

212 Bridge Rd, Elkton OR, 97436

TECHNICAL SPECIFICATIONS

1. General

a. Crushed Crushed rock material to be furnished includes crushed stone or gravel, jaw run, and riprap.

b. Gradation of the aggregate and grade quality shall conform as specified herein, or to those commonly specified by the State of

Oregon, or approved equal as requested by supplier and approved by Contracting Officer.

c. Crushed rock material produced from river gravel will not be accepted.

d. Contractor shall engage a qualified, independent testing laboratory to conduct specific tests required for each purchase. The Contractor shall provide 2 copies of test reports to the Contracting Officer. Test reports shall include testing facility name, address, telephone number, and names of full time responsible officers.

e. The BLM reserves the right to have independent tests performed at any time during production and/or hauling at the Government’s expense.

f. Granitic materials shall not be acceptable for the use of surface aggregate.

g. Aggregate will be sold on a per-ton basis; quarry locations must possess certified scales for aggregate once it’s loaded in the government truck in accordance with section X, Weighing Devices.

WEIGHING DEVICES 1. The Contractor shall furnish, erect, maintain and operate acceptable beam-type scales, or other approved weighing devices. In lieu of furnishing scales, the Contractor may use public weighing facilities provided they have been tested, sealed, and certified by an acceptable certifying authority. Associated costs shall be the responsibility of the Contractor. 2. Platform scales shall be installed and

BLM COOS BAY/DISTRICT OFFICE Page 5 of 66 maintained with the platform level and rigid bulkheads at each end. The platform shall be sufficient length to permit simultaneous weighing of all axle loads of the entire hauling vehicle except coupled vehicles may be weighed separately or together in accordance with Section 2.20 paragraph UR 3.3 of the National Bureau of Standards Handbook 44. 3.

Each weighing device shall be accurate within 0.5 percent throughout the range of use, and the Contractor shall have the scales checked, adjusted, and certified by an approved testing firm or laboratory of the

State Agency responsible for weights and measures or a qualified manufacturer's representative. Beams, dials, platforms, and other scale equipment shall be arranged so the operator and inspector can safely and conveniently view them. 4. The Contracting Officer’s

Representative may permit the use of weighing devices for a reasonable period prior to sealing, provided field testing indicates consistent compliance within the limits of accuracy specified herein. 5. When inspection reveals the weighing, devices have been under-weighing

(indicating less than true weight), they shall be adjusted and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. If inspection reveals the weighing devices have been over-weighing (indicating more than true weight), they shall be adjusted, and all materials received subsequent to the last previously correct weighing accuracy test will be reduced by the percentage of error in excess of 0.5 percent.

2. Crushed Rock Material

Crushed rock material shall consist of hard durable rock fragments conforming to the following gradation requirement:

3 inch Minus Crushed Rock Material

Percentage by weight passign square mesh sieves

AASHTO T11 &T27

Sieve Size Percent Passing (by weight)

3 Inch 100

2 Inch 90-95

1 Inch 45-75

No. 4 15-45

No. 40 5-25

No. 200 2.15

1 ½ inch Minus Crushed Rock Material

Percentage by weight passign square mesh sieves

AASHTO T11 & T27

Sieve Size Percent Passing (by weight)

1 ½ Inch 100

1 Inch -

¾ Inch 50-90

No. 4 25-50

No. 40 05-25

No. 200 02-15

Crushed rock material shall not exceed loss more than 35 percent as determined by AASHTO T96 or minimum requirement as determined by TM 208.

BLM COOS BAY/DISTRICT OFFICE Page 6 of 66

Crushed rock material shall show a durability value of not less than 35 as determined by AASHTO T210 or minimum requirement as determined by TM 208.

That portion of crushed rock material passing the No. 40 sieve, including blending filler, shall have a liquid limits of not more than 35, and a plasticity index of not less than 4 and not more than 12 as determined by AASHTO T89 and

AASHTO T90.

That portion of crushed rock material passing No. 4 sieve, including blending filler, shall have a sand equivalent of not less than 35, as determined by AASHTO T176, except where that portion exhibits a sand equivalence of less than 35, the aggregate will be accepted if it complies with the additional requirement as follows:

Sand Equivalent No. 200 Sieve AASHTO

34 9

33 8

32 7

31 6

30 5

29 or Less 4

3. Chip Seal Crushed Rock Material

Chip Seal Design Size of Screening

Single Size Medium 3/8” – ¼”

Coarse ½” – ¼”

Coarse 5/8” – ¼”

Fractured Faces - Provide aggregates consisting of broken stone, crushed gravel or a combination of both. Crush aggregate such that at least 90 percent by weight of the total aggregate retained on the No. 8 and larger sieves is fractured on two faces, as determined according to AASHTO T 335.

Grading - Perform sieve analysis according to AASHTO T 27 and AASHTO T 11. Provide grading for the designated single application emulsified asphalt surface treatment design according to the following:

Sieve Size Coarse 5/8” – ¼” Percent

Passing (by weight)

Coarse ½” – ¼” Single Size Medium 3/8”

– ¼”

5/8” 100

½” 85-100 100 100

3/8” 0-30 85-100 80-100

¼” - 0-15 10-40

No. 4 0-15 - -

No. 8 - - 0-6

No. 10 0-2 0-2 0-2

No. 200 (wet) 0-1 0.0-2.0 0.0-2.0

No. 200 (wet) *in gravels*

- 0.0-1.0 0.0-1.0

Unit Weight of Aggregate - Provide aggregate with a minimum unit weight of 90 pounds per cubic foot according to

AASHTO T 19.

Soundness - Provide coarse and fine aggregate with a weighted loss not exceeding 12 percent when subjected to five cycles of the soundness test using sodium sulfate solution according to AASHTO T 104.

BLM COOS BAY/DISTRICT OFFICE Page 7 of 66

4. Jaw Run Rock Material

Materials - Furnish aggregates of 6" – 2” as the Contractor Officers Representative elects. Use clean, hard, durable aggregates, reasonably well-graded from the maximum size to dust.

Acceptance of aggregate shall be visual by the Contracting Officer Representative.

5. Rip Rock Material

1) Furnish rock for loose riprap meeting the following requirements:

(a) Meet the test requirements of 00390.11(b).

(b) Be angular in shape. Thickness of a single rock shall not be less than one-third its length.

Rounded rock will not be accepted unless authorized by the Contracting Officer

Representative.

(c) Meet the gradation requirements for the class specified.

(d) Be free from overburden, spoil, shale and organic material. Non-durable rock, shale or rock with shale seams is not acceptable.

2) Test Requirements - Furnish the rock meeting the following test requirements:

Material Test Requirement

Apparent Specific Gravity (AASHTO T 85) 2.50 Minimum

% Absorption (AASHTO T 85) 6.0 Minimum

Degradation (ODOT TM 208) Passing No. 20 Sieve 35% Maximun

Sediment Height 8.0” Maximum

Soundness (AASHTO T104)

Average Loss of 2 ½” 1 ½” and 1 ½” -3/4” fraction after 5 alternations

16.0% Maximun

3) Gradation Requirements – Grade loose riprap by class and weight of rock according to the following:

Class 50 Class 100 Class 200 Class 700 Class 2000

Weight of

Rocks (Pounds)

Percent (by weight)

50-30 100-60 200-140 700-500 2000-140 20.0

30-15 60.25 140-80 500-200 1400-700 30.0

15-2 25-2 80-8 200-20 700-40 40.0

2-0 2-0 8-0 20-0 40-0 10.0-0

4) Uniformly grade each load of riprap from the smallest to the largest weight specified.

5) Control of gradation will be by visual inspection.

6) Control Sample - If directed, provide, at a satisfactory location near the Project, a rock sample of at least 5 tons meeting the gradation for the class specified. This sample will be used as a frequent visual reference for judging the gradation of the riprap supplied.

7) Sampling and Testing Assistance - Any difference of opinion between the Contracting Officer

Representative and the Contractor shall be resolved by dumping and checking the gradation of two random truckloads of rock. Mechanical equipment, a sorting site and labor needed to assist checking gradation shall be provided by the Contractor at no additional cost to the Agency.

8) 508 Compliance standard:

In Accordance With WO IM-2013-150, 508 Compliance is required. Requirement is located at https://www.section508.gov/index.cfm?fuseAction=stdsdoc#Information. Applicable when Federal

BLM COOS BAY/DISTRICT OFFICE Page 8 of 66 agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

*Note: The hauling evaluation factor shall be used to evaluate price quotes: The distance of the Offerors facility location to the entrance of the BLM site location at the location(s) below will be evaluated with the quoted supply prices per line item. The Government will verify the distance rounded up to the nearest 0.1 mile. The hauling factor, which is the Government’s one-way cost to obtain the magnitude of the supply, will be evaluated at a $0.50 per mile plus the supply price for each line item. The sum of the pricing will render a total evaluation price. This requirement will be evaluated on the basis of the lowest overall price to the

Government in accordance with provision 52.212-2 –Commercial Items (Oct 2014) and 52.247-47 Evaluation

– F.B.O. Origin (June 2003). Price shall be fair and reasonable. For example, Offeror A quotes Item 0002 for

400 Tons of material at $10. 00 per Ton and the Offerors facility is located 50 miles from the Governments hauling destination site. Offeror B quotes Item 0002 at $8. 00 per Ton with a facility located 100 miles from the Government hauling destination site. Offeror A’s price is multiplied by $0.50 per mile x 50 miles x 400 Tons ($10,000.00), plus the material price of 400 Tons x $10.00 per Ton ($4,000.00) of material that equals an evaluated price of$14,000.00. Offeror Bs price is multiplied by $0.50 per mile x 100 miles x 400 Tons ($20,000.00) plus the material price of 400 Tons x $8.00 per Ton ($3,200.00) that equals evaluated price of $23,200.00. Based on the lowest evaluated price determined reasonable, award would be made to Offeror A in the amount of $4,000.00.

Sample Haul Factor Calculation*:

(A) Enter vendor plant facility address:

(B) BLM COR to enter: Gov’t facility entrance address (or nearest city if no street address) 212 Bridge Rd, Elkton

OR, 97436

Mileage from location A to B, rounded to the nearest 0.1

Mile:______x .50 cents/mile = total: $________ x qty. of product

______ ordered (tons)

Price inclusive of haul factor (haul factor amount is for evaluation of quotes only; haul factor price is not to be included in the award amount.)

(End of Specifications)

BLM COOS BAY/DISTRICT OFFICE Page 9 of 66

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

Acceptance - Final inspection of supplies will be made by the Government at the batch plant or facility where pickup occurs. Contractor shall provide a bituminous batch mix formula for Hot Mix Asphalt Concrete at the time the Government picks up the product. In the event supplies are determined not to meet the government specification, no pickup will occur and the order will be rescheduled or canceled at the Government’s preference.

WEIGHING DEVICES

A. The Contractor shall furnish, erect, maintain and operate acceptable beam-type scales, or other approved weighing devices. In lieu of furnishing scales, the Contractor may use public weighing facilities provided they have been tested, sealed, and certified by an acceptable certifying authority. Associated costs shall be the responsibility of the Contractor.

B. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. The platform shall be sufficient length to permit simultaneous weighing of all axle loads of the entire hauling vehicle except coupled vehicles may be weighed separately or together in accordance with Section 2.20 paragraph UR

3.3 of the National Bureau of Standards Handbook 44.

C. Each weighing device shall be accurate within 0.5 percent throughout the range of use, and the Contractor shall have the scales checked, adjusted, and certified by an approved testing firm or laboratory of the State Agency responsible for weights and measures or a qualified manufacturer's representative. Beams, dials, platforms, and other scale equipment shall be arranged so the operator and inspector can safely and conveniently view them.

D. The Contracting Officer’s Representative may permit the use of weighing devices for a reasonable period prior to sealing, provided field testing indicates consistent compliance within the limits of accuracy specified herein.

When inspection reveals the weighing devices have been under-weighing (indicating less than true weight), they shall be adjusted and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. If inspection reveals the weighing devices have been over-weighing (indicating more than true weight), they shall be adjusted and all materials received subsequent to the last previously correct weighing accuracy test will be reduced by the percentage of error in excess of 0.5 percent.

MEASUREMENT OF QUANTITIES

A. The quantities of aggregate called for under the Schedule of Items will be measured and paid for by the ton placed and accepted in stockpile at the designated stockpile site.

B. The addition of water to the crushed aggregates prior to being weighed will not be permitted.

C. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois.

D. The Contractor shall furnish a competent, qualified weigh person to weigh and record all materials. In lieu of furnishing a weigh person, the Contractor may use public weighing facilities.

E. The weigh person shall record to the nearest 100 pounds the weights of all loads of material on a daily weight record. The weigh person shall record the total weights to the nearest 100 pounds at the beginning and end of each shift. Smaller increments may be read and recorded when an automatic weigh system is used.

F. The weigh person's daily weight record shall contain the following information (Delivery Ticket information) as applicable to the type of scales and recording system used:

BLM COOS BAY/DISTRICT OFFICE Page 10 of 66

1. Name and job number of project

2. Contract item number

3. Description of source

4. Date

5. Load number

6. Truck identification mark

7. Time of weighing

8. Gross weight of each load

9. Tare weights

10. Net weights

11. Weigh person's signature

12. Contractor's certification

G. The Contracting Officer may, at random intervals, designate previously weighed vehicles to be reweighed to verify the weight of the material being purchased. This may include empty or loaded vehicles, as the Contracting

Officer may designate.

H. Trucks hauling material weighed on platform scales shall be weighed empty at least twice per shift.

I. Alternative methods of measurement: The cubic yard volume will be measured in the hauling vehicle using three dimensional measurements at the point of delivery, or other method as agreed upon between the Contractor and the Contracting Officer. The three dimensional measurements shall consist of screeding the load to a level uniformity and measuring the width, the length, and the height to obtain the cubic yard volume.

RECORDS

The exact format of the daily records will be established by the Contracting Officer.

SCOPE OF PAYMENT

The accepted quantities determined will be paid for at the unit prices offered. Payment of prices offered shall be full compensation for furnishing all materials, labor, equipment, tools, fees and incidentals necessary to produce, sample, test and deliver, including stockpiling, the materials in accordance with the Schedule of Items and the requirements of this section.

ACCEPTANCE OF MATERIALS

A. Aggregate will not be accepted without certified testing results.

B. The Contracting Officer’s Representative may obtain samples for testing by the Government to verify the

Contractor's test reports. If the Government's verification tests do not substantiate the validity of the Contractor's

Certification, the Contracting Officer’s Representative may order the Contractor to perform additional testing or retesting as deemed necessary or may rely exclusively on the Government's tests to determine contract compliance.

C. No direct payment will be made for performing the additional sampling and testing or retesting ordered by the

Contracting Officer’s Representative but such work will be considered as a subsidiary obligation of the

Contractor covered under the contract.

D. Should it become necessary for the Government to test materials due to the Contractor's Certification being declared invalid, the total cost of performing such tests for the applicable item will be charged the Contractor and deducted from progress payments.

E. When material being produced from the approved source meets the specifications, contractor shall begin delivery.

The Contracting Officer’s Representative will randomly sample and test the material during the course of production as deemed necessary to assure the material will be based upon the test results.

BLM COOS BAY/DISTRICT OFFICE Page 11 of 66

(End of Inspection and Acceptance)

BLM COOS BAY/DISTRICT OFFICE Page 12 of 66

DELIVERIES OR PERFORMANCE

The following clauses are incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

The following clauses are provided n full text:

1) Delivery –

a) Aggregate and/or chip seal shall be F.O.B. at the Contractor's plant loaded by the contractor into

Government vehicles; (Government is responsible for hauling to destination; Contractor is responsible for loading onto Government vehicles).

b) To ensure schedule delivery time prior to execution, the Contractor shall set a Response Time with the COR to ensure delivery will be in coordination with any BLM timetables necessary to receive delivery.

2) Performance - Contractor shall furnish four (4) copies of delivery tickets for each delivery made.

Tickets shall contain the following information:

a) Contractor's name and address;

b) Delivery date;

c) Quantity delivered with unit and total prices;

d) The CO's Representative or alternate will sign the delivery ticket and provide two copies to the Government. The Government will pay the Contractor upon receipt of a proper invoice with supporting tickets on quantities accepted by the Government;

3) Delivery tickets shall contain the information noted below; one ticket shall be provided to the driver of the truck; one ticket shall be retained for recordkeeping by your company.

1. Name and job number of project

2. Contract item number

3. Description of source (including name and address)

4. Date of pickup:

5. Load number

6. Truck identification mark

7. Time of weighing

8. Gross weight of each load

9. Tare weights

10. Net weights (in tons)

11. Weigh person's signature

12. Contractor's certification

(End of Deliveries or Performance)

BLM COOS BAY/DISTRICT OFFICE Page 13 of 66

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System

(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(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 is available at https://www.cpars.gov/. 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 https://www.cpars.gov/. 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 30 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.

https://www.cpars.gov/

BLM COOS BAY/DISTRICT OFFICE Page 14 of 66

(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, preaward 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 30- 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.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Products and Commercial Services included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoice billed according to contract line items and rates

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SPECIAL CONTRACT REQUIREMENTS

H.1.0 ACCESS

In the event of a site/facility closure, the Contractor shall not make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

H.2.0 WORK HOURS

Unless otherwise noted in the Purchase Order, Specifications, work hours under this Purchase Order shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

(End of Special Contract Requirements)

BLM COOS BAY/DISTRICT OFFICE Page 16 of 66

CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.211-17 DELIVERY OF EXCESS QUANTITIES SEP 1989

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

MAR 2023

52.247-34 F.O.B. DESTINATION NOV 1991

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

2022)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

BLM COOS BAY/DISTRICT OFFICE Page 17 of 66

(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;

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

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

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

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

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

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

(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.

https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

BLM COOS BAY/DISTRICT OFFICE Page 18 of 66

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

EFT.

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

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

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

https://www.acquisition.gov/far/part-52#FAR_52_212_5

BLM COOS BAY/DISTRICT OFFICE Page 19 of 66

(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;

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

BLM COOS BAY/DISTRICT OFFICE Page 20 of 66

(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 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

BLM COOS BAY/DISTRICT OFFICE Page 21 of 66

(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.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

BLM COOS BAY/DISTRICT OFFICE Page 22 of 66

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUNE 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,…