Solicitation 1240BD26Q0085 Waterfall Maintenance.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

40BD

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 2

0M30 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BD

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/25/2026 1400 PD

08/11/2026

509-423-2224JORGE SOMOZA

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BD26Q0085

5. SOLICITATION NUMBER

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

1 1 1174168OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HOOD RIVER OR 97031

902 WASCO STREET SUITE 200

COLUMBIA RIVER GORGE NATIONAL SCENI

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA NORTHWEST 2

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 60 Days After Notice to Proceed Period of Performance: 09/01/2026 to 10/31/2026

0001 Waterfall Corridor Maintenance

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

JORGE A. SOMOZA

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

Email:______________________

SAM UEI:___________________________

Waterfall Corridor Maintenance Solicitation Number 1240BD26Q0085

USDA Forest Service

Columbia River Gorge National Scenic Area (Multnomah County, Oregon)

B.1 SCHEDULE OF SERVICES (SF-1449 Continued)

19. Item No. 19a. Sub-Item No. 20. Schedule of Services 21. Qty 22. Unit

23.

Unit Price

24.

Amount

BASE ITEMS

0001: Road Maintenance Pay Item 881(1) Mobilization All Lump

Sum $ $

Pay Item 814(1) Pothole Patching 5.5 Tons $ $

OPTION ITEMS

1001: Road Maintenance Pay Item 813(1) Spot Surfacing 30 Cubic

Yards $ $

Pay Item 832(1) Load, Haul, and Place

Material 30 Cubic Yards $ $

SUMMARY OF PRICES

Base Items (0001): $

Optional Items (1001): $ TOTAL PRICE (All Items): $

Vendors SAM UEI:____________________________________

Schedule Notes:

a) One award will be made from this solicitation

Description of Requirement

The purpose of this contract is to maintain roads to ensure safe and productive road conditions and keep recreation infrastructure open. Specifically, to repair a pothole found at the entrance to the Wahclella Waterfall Trailhead.

The work shall be performed in Multnomah County in the Columbia River Gorge National Scenic Area in Oregon.

The period of performance shall be completed within 60 days after the Notice to Proceed is given.

The notice of proceed is estimated to be given in August 2026.

Address contracting questions to Jorge Somoza at 509-423-2224 or email jorge.somoza@usda.gov

Address Technical questions to Garrett Mercator at 971-469-3249 or email garrett.berkey@usda.gov mailto:jorge.somoza@usda.gov mailto:garrett.berkey@usda.gov

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)

☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☐ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025)

☐ Alternate I (Mar 2020).

☐ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025)

☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9

☐ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☐ 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-36 ☐ 52.222-37 Employment Reports on Veterans (Nov 2025) ☐ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

☐ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☐ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) ☐ 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)

☐ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☐ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

☐ Alternate I (May 2008) of 52.223-9 ☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025) ☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☐ 52.223-23 Sustainable Products and Services (Nov 2025) ☐ 52.224-3 Privacy Training (Jan 2017)

☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025)

☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

☐ Alternate II (Nov 2025) of 52.225-3.

☐ Alternate III (Nov 2025) of 52.225-3.

☐ Alternate IV (Oct 2022) of 52.225-3

☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) ☐ 52.237-3 Continuity of Services (Jan 1991) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

52.217-7 Option for Increase Quantity—Separately Priced Line Item (Mar 1989) 52.217-8 Option to Extend Services (Nov 1999) 30 calendar days prior to contract expiration 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.245-1 Government Property (Sep 2021) ☐ Alternate I (Sep 2021) of 52.245-1 52.245-9 Use and Charges

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)

(a) By entering into this contract, the contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to contractor’s compliance with the above requirements and/or eligibility for the contract may subject the contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

(1) Requires the Government to pay future fees, penalties, interest, legal costs, early‑termination fees, cancellation fees, minimum purchase commitments, true‑up payments, seat‑count minimums, usage minimums, continued‑use charges, or any other financial obligation not expressly authorized by the contract.

(2) Requires the Government to indemnify the contractor or any other entity.

(3) Restricts the Government’s ability to obtain similar supplies or services from another source.

(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law.

(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non‑payment, alleged breach, automated security triggers.

(13) Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

(15) Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

(16) Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier‑provided service level agreement (SLA).

(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine‑tune, improve, or derive any artificial intelligence, machine learning, or automated decision‑making model.

(19) Subjects the Government to automated decision‑making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

(20) Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias‑mitigation consistent with applicable Federal law and policy.

(21) Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means.

Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor must not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212‑4(d) or FAR 52.233‑1, as applicable.

(j) Arbitration. Binding arbitration must not be used unless specifically authorized by agency guidance.

(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service must not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non‑assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, must be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

(End of Clause)

452.204–70 Modification for Contract Closeout (Apr 2026)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) may issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non–cost‑reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

Title Pages

1. Performance Work Statement 16

2. Waterfall Corridor Maintenance Specifications Packet (Separate Attachment) 80

3. Photos of Project Area 2

4. Noxious Weeds List 4

5. Vicinity and Forest Location Maps 2 Page No Description 1 of 2 Vicinity Map 1 2 of 2 Location Map 1

6. Fire Suppression R6-FS-6300-52 6

7 Fire Plan 3

8. DOL Wage Decision No. OR 1977-0079 3

9. Past and Current Contract Information 1

PWS for Waterfall Corridor Maintenance; 6.15.2026 Solicitation Number: 1240BD26Q0085

Performance Work Statement

General Information

1.0 General

This is a non-personal services contract to provide road maintenance to the Columbia River Gorge National Scenic Area (CRGNSA). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government. The Contractor may visit the project location with the COR before bid.

2.0 Purpose

The purpose of this contract is to maintain roads to ensure safe and productive road conditions and keep recreation infrastructure open. Specifically, to repair a pothole found at the entrance to the Wahclella Waterfall Trailhead.

3.0 Description of Services

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items and non-personal services necessary to provide road maintenance services to the CRGNSA road system. The Contractor shall provide services in accordance with (IAW) this Performance Work Statement (PWS), and all applicable federal, state and local laws and regulations.

4.0 Place of Performance and Accessibility

The work shall be performed in Multnomah County in the Columbia River Gorge National Scenic Area in Oregon.

Vicinity Maps are attached to this contract and a topographic map of the area can be found via the Columbia River Gorge National Scenic area website here:

https://data.fs.usda.gov/geodata/rastergateway/data3/45121/fstopo/FSTopo%20Bonneville%20Dam%20453712152.pdf

Work areas may be reached by State Highways and Forest roads that are accessible by a standard two-wheel drive pickup during normal operating seasons, unless otherwise indicated on Project Maps. Vehicles shall not operate off-system roads without prior written approval of the Contracting Officer (CO).

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may: (1) provide an alternate access route; (2) delete the inaccessible sub items (s) or; (3) substitute similar sub item(s).

Roads shown on unit maps indicate access to units and do not suggest the roads are open within units or for any further travel.

Use of motorized equipment other than handheld equipment such as power saws and brush cutters will not be permitted off the designated roadway in the project area without approval of the CO or as hereinafter provided.

No vehicle shall bypass any officially blocked road (barriers, locked gates, posted signs, rock/log/dirt, etc.) without approval of the CO. Access to the project area is blocked by a locked gate and access to the project area will be coordinated with the CO.

5.0 Period of Performance

https://data.fs.usda.gov/geodata/rastergateway/data3/45121/fstopo/FSTopo%20Bonneville%20Dam%20453712152.pdf

The period of performance shall be completed within 60 days after the Notice to Proceed is given. The notice of proceed is estimated to be given in August 2026.

6.0 Contract Type

The Government will award a Firm-Fixed Price (FFP), Stand-Alone, Service Contract. Contractor shall furnish to the Government all services specified in the Schedule of Items and called for by the contract.

7.0 List of Attachments

See the list of attachments below.

No. Title Pages

1 Waterfall Corridor Maintenance Specifications Packet 80 2 Photos of Project Area 2 3 Vicinity and Forest Location Maps 2 4 Fire Suppression 6 5 Fire Plan 3

8.0 Acronyms

Acronym ACOR Alternate Contracting Officer Representative ADA Americans with Disabilities Act ADEC Alaska Department of Environmental Conservation BMP Best Management Practices CAP Contractor Acquired Property CFE Contractor Furnished Equipment CFM Contractor Furnished Material CFP Contractor Furnished Property CFR Code of Federal Regulations CLIN Contract Line Item Number CO Contracting Officer

COR Contracting Officer Representative COTS Commercial-Off-the-Shelf CPARS Contractor Performance Assessment Reporting System DID Data Item Description EPA Environmental Protection Agency

FAPIIS Federal Awardee Performance and Integrity Information System FAR Federal Acquisition Regulation FPDS Federal Procurement Data System FS Forest Service

FSH Forest Service Handbook FSM Forest Service Manual GFE Government-Furnished Equipment GFM Government-Furnished Material GFP Government-Furnished Property

HIPAA Health Insurance Portability and Accountability Act of 1996 IAW In Accordance With

IAS Integrated Acquisition system IPP Invoice Processing Platform N/A Not Applicable

NEPA National Environmental Policy Act NLT No Later Than NTE Not to Exceed OCI Organizational Conflict of Interest ODC Other Direct Costs OMB Office of Management and Budget OSHA Occupational Safety and Health Administration

PA Property Administrator PIPO Phase In/Phase Out POC Point of Contact POP Period of Performance PRS Performance Requirements Summary PUB Publication PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan SAM System for Award Management SDS Safety Data Sheets SF Standard Form TE Technical Exhibit

USC United States Code USDA United States Department of Agriculture WD Wage Determination

9.0 Government Regular Working Hours

The Government's regular working hours are Monday through Friday from 0700 to 1700, except federal holidays or when the Government installation is closed due to local or national emergencies, administrative closings, or similar Government directed closings.

10.0 Federal Observed Holidays

When a federal holiday occurs on a Saturday, federal employees are normally granted the previous Friday as the holiday observance. When a federal holiday occurs on a Sunday, federal employees are normally granted the following Monday as the holiday observance. Below is the list of recognized federal holidays:

Federal Holidays New Year’s Day (January) Labor Day (September) Martin Luther King Jr’s Birthday (January) Columbus Day (October) President’s Day (February) Veteran’s Day (November) Memorial Day (May) Thanksgiving Day (November) Juneteenth Day (June) Christmas Day (December) Independence Day (July)

11.0 Contractor Key Personnel

Contract Manager: The Contractor shall provide a Contract Manager or designated alternate, as applicable, who has full authority to act for the Contractor on all contract matters relating to this contract. The Contract Manager or alternate shall be available during the Government's regular working hours.

Quality Control Representative: The Contractor shall provide a Quality Control Representative who shall be responsible for the Contractor’s Quality Control Plan (QCP) to ensure services are performed IAW the PWS. The Quality Control Representative shall implement and maintain full compliance of the QCP throughout the contract period.

12.0 Government Key Personnel

Contracting Officer (CO): The CO is the only person with the authority to: enter into, administer, and or terminate contracts; make related determinations and findings on behalf of the Government; and legally bind the Government. The CO shall ensure that the Contractor receives impartial, fair, and equitable treatment under this contract. The CO shall determine and document the final assessment of the Contractor's performance in the Government’s past performance tracking system.

Contracting Officer’s Representative (COR): A COR may be assigned to this contract to monitor all technical aspects and assist in contract administration. The COR may be authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communication with the Contractor concerning technical aspects of the contract;

issue written interpretations of technical requirements (without increasing or decreasing contract scope), including Government drawings designs, and specifications; monitor Contractor's performance and notify both the CO and Contractor of deficiencies; and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the contract.

13.0 Post-Award Conference and Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The CO and/or COR shall meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO will appraise the Contractor of how the Government views the Contractor's performance and the Contractor will appraise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

14.0 Changes

The quantities specified in the Schedule of Items shall not be changed unless deemed necessary by the Government. The Government reserves the right to add, remove, or change the items and quantities to be serviced under this contract, as required. Price adjustments for these changes shall be based on the rates specified in the Schedule of Items for identical or similar items. Changes will only be authorized by a warranted CO.

15.0 Inspection and Acceptance

Any inspection and acceptance will be at the location specified in the contract. The designated COR will act as the representative of the CO for purposes of inspection and acceptance of services to ensure compliance with the terms, conditions, and specifications of the subject contract. The COR has no authority to make any changes to the terms and conditions of the contract.

16.0 Invoicing and Payment

All Contractor invoices shall be submitted via the Invoice Processing Platform (IPP) using contract line item numbers (CLINs). The Contractor shall be required to establish account(s), access method(s), log-in(s), and necessary training in order to submit invoices through IPP. Invoices not submitted via IPP shall not be accepted or paid.

Note: The Contractor shall only invoice for work performed and as authorized by the contract. Payment will be made only for those items listed on the Schedule of Items. All other work is incidental to those pay items.

Security and Safety Requirements

17.0 Security

The Contractor shall be responsible for safeguarding all Government property provided to the Contractor for Contractor use under this contract. At the close of each work period, all Government property shall be secured.

18.0 Conduct of Contractor Personnel

The CO may require the Contractor to remove from the work site any employee working under this contract for reasons of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor employee shall be subject to dismissal from the premises upon determination by the CO that such action is in the best interests of the Government. Such removal from the work site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this

PWS.

19.0 Safety

Contractor activities shall be conducted in a safe manner that minimizes accidents as well as any impacts on Government operations and members of the public. Contractor shall comply with applicable federal, state, and local codes and standards, including safety and occupational health requirements, as well as any additional specific requirement contained in this PWS.

Technical Requirements

20.0 Specific Tasks

The Contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items and non-personal services necessary to provide road maintenance to CRGNSA road systems. The following establishes the required tasks and the minimum acceptable levels of service. See Attachment “Waterfall Corridor Maintenance Specifications Packet” for additional information.

Base Bid:

814(1) Pothole Patching – Contractor to perform Pothole Patching (Full Depth Repair) at Wahclella Falls Trailhead at the location marked by CO. Contractor to saw cut asphalt full width of the roadway (18’ wide) by 9’ in length, then excavate down to area of firm support. This depth of excavation is assumed to be 5’ in depth. Contractor to always follow OSHA guidelines for excavation. Disposal of asphalt concrete materials removed from pothole patching operations shall be removed from National Forest lands and disposed of in a legal manner. Disposal of asphalt concrete is incidental to Pothole Patching. Contractor shall use Hot Asphalt Pavement Mix, ODOT Spec. 3/8” Dense Gradation, Level II HMAC, Asphalt Grade PG 64-22, as approved by the CO to provide for compacted depth of 4 inches of asphalt. All joints shall be tacked and sanded. Contractor to perform asphalt patching in areas marked by the CO. Temporary Traffic control to follow MUTCD and is incidental to this pay item.

881(1) Mobilization-Equipment Moving - Measured and paid by lump sum (Measurement 881.05B, Payment 881.06(1)).

Option Item:

813(1) Spot Surfacing – To be awarded in 5CY increments. Contractor to perform Spot Surfacing to replace unsuitable material within the roadway as marked by CO. Lifts to be compacted in 4” lifts such that no visible displacement occurs under heavy spreading equipment. Contractor to provide hard, durable particles or fragments of crushed stone or gravel conforming to the size and quality requirements for crushed aggregate material normally used locally in the construction and maintenance of highways by Federal or state agencies. Provide crushed aggregate with a maximum size of 2 inches as determined by AASHTO T 27 and AASHTO T 11. Provide well-graded crushed aggregate, free of organic matter, lumps or balls of clay, and other deleterious material. Contractor to place aggregate up until 3” from the top of pavement. Water to be utilized during compaction to provide optimum moisture content. Work performed under this pay item not to disturb soil outside the roadbed. Maximum roadbed width is 18’. Match existing roadbed limits and slope. Compact each lift after placement such that visible displacement does not occur under heavy spreading equipment.

832(1) Load, Haul, and Place Material – To be awarded in 5CY increments. Contractor to perform Load, Haul, and Place Material to remove unsuitable material within the roadway as marked by CO. Material to be transported less than one half mile to disposal location marked by CO. The approximate location for the disposal area is 45.63334, -121.95009. Material to be stabilized such that it will not leach into surrounding waterways, will not disperse under heavy rain, and shall not have slopes greater than a 2L:1H. Contractor to place straw bales or wattles surrounding the disposal area upon completion of contrac, this is incidental to this pay item.

21.0 Location of Work

To access Wahclella Falls Trailhead, head west on Wasco St. until taking a right onto US-30 West. Then follow until turning left to enter the onramp for Interstate 84 westbound, then follow until taking exit 40 towards Bonneville Dam.

Turn left onto NE Bonneville Wy, continue straight and take a slight right to the project area. (45.63115, -122.95404).

This work is in Multnomah County, Oregon.

Additional Requirements

22.0 Work Schedule

The Contractor shall develop a work schedule and submit it to the CO NLT 5 business days from the date of contract award. An updated copy shall be provided to the CO as changes occur. All services shall be coordinated with the COR at least 72 hours prior to performing services.

23.0 Activity Report

The Contractor shall maintain an activity report for all services performed on each road covered under this contract. At a minimum, the report shall include road number, road name, beginning milepost, ending milepost, total miles, type of work performed, date of performance, and final status. Reports shall be submitted with their corresponding invoice for payment.

24.0 Quality Control Plan (QCP)

The Contractor shall develop and maintain an effective QCP to ensure services are performed In Accordance With (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which the Contractor assures that their work complies with the requirements of the contract. The Contractor’s QCP shall be provided to the CO NLT 5 business days after contract award.

After acceptance of the QCP, the Contractor shall receive the COR’s acceptance in writing of any proposed change to the

QCP.

25.0 Safety and Traffic Control Plan

The Contractor shall develop a work-specific safety plan that addresses all possible hazards that may exist on the work site, ensures the safety and convenience of the public, and protects the residents and property adjacent to the work site.

The plan shall include accommodating public traffic on roads adjacent to and within the work site until the work is completed and accepted by the Government. Warning signs shall be placed IAW the standards of the Manual on Uniform Traffic Control Devices (MUTCD), current edition, while work is in progress. This shall include “Slow Moving Equipment” signs attached to all road surface equipment. The Contractor shall submit the plan to the CO and COR NLT 5 business days after contract award. An updated copy shall be provided to the CO and COR as changes occur.

The Contractor shall provide adequate two-way communication as to report a fire to Forest Service within 15 minutes of detection. FCC Regulations prohibit commercial use of Citizen Band (CB) radios. (CB’s are not considered adequate two-way communication).

Such communication shall be operable during periods of operation of power-driven equipment, including the time fire security is required.

26.0 Contractor Furnished Equipment

All Contractor furnished equipment and vehicles to be used at the work site shall be cleaned and free of invasive species (noxious weeds), seeds, external grease and oil and shall be inspected at an approved location prior to entrance onto federal Government lands. See attachment No. 3 Noxious Weeds List. The restriction shall include equipment and vehicles intended for off-road use, whether they are owned, leased, or borrowed by the Contractor or subContractor. All protective plating and armoring shall be intact and properly functioning on the equipment to reduce the potential for damaging hydraulic hoses or the undercarriage. Spill kit approved by OSHA for petroleum product leaks shall be on-site at all times.

The Contractor shall develop a list of all the equipment to be used under this contract and submit it to the COR NLT 10 business days after contract award. An updated copy shall be provided to the COR as changes occur.

27.0 Special Qualifications

The Contractor shall, at no additional cost to the Government, obtain all licenses and permits required for performance of work and for complying with all applicable local, state, and federal laws and regulations.

25.1 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.

25.2 Personal Protective Equipment

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

25.3 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 COR.

25.4 Contractor’s Use of Existing Roads

Unless stated otherwise at the, the Contractor is authorized to use roads in the immediate road maintenance project area for performance of work under this contract. 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…