(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with
the format in subpart 12.6, as supplemented with additional information included in this
notice. This announcement constitutes the only solicitation; proposals are being requested
and a written solicitation will not be issued.
(ii) This solicitation is issued as a Request for Quotation (RFQ).
(iii) The solicitation document and incorporated provisions and clauses are those in effect
through Federal Acquisition Circular 2022-04.
(iv) This procurement is set aside for SMALL. The NAICS code is 562991 and the Small
Business Size Standard is $8 Mil.
Zone 1 – Newport/Sullivan Lake
Contractor to provide all supervision, labor, tools, transportation, equipment and
supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets
(VT) in accordance with PWS. Note: Quote shall include mileage.
Zone I – Newport/Sullivan Lake
Base Item
Contract Award to December 31, 2022
1AA Pump S&HT 1,000 Gallon 1 EA $______ $______
1AB Pump VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 1A $______
Option
1B
Zone I – Newport/Sullivan Lake
Option Year I
April 15, 2023 to December 31, 2023
1BA Pump S&HT 1,000 Gallon 1 EA $______ $______
1BB Pump VTs 1,000 Gallon 10 EA $______ $______
Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping,
Colville National Forest BPA
Page 2
Total Quote for Item 1B $______
Option
1C
Zone 1 – Newport/Sullivan Lake
Option Year II
April 12, 2024 through December 31, 2024
1CA Pump, S&HT 1,000 Gallon 1 EA $______ $______
1CB Pump, VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 1C $______
Option
1D
Zone 1 – Newport/Sullivan Lake
Option Year III
April 12, 2025 through December 31, 2025
1DA Pump, S&HT 1,000 Gallon 1 EA $______ $______
1DB Pump, VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 1D $______
Total Quote for Zone 1 -(Item 1A + 1B + 1C + 1D) $______
2A
Zone 2 – Republic/Three Rivers West
Contractor to provide all supervision, labor, tools, transportation, equipment and
supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets
(VT) in accordance with PWS. Note: Quote shall include mileage.
Zone 2 – Republic/Three Rivers West
Base Item
Contract Award to December 31, 2022
2AA Pump S&HT 1,000 Gallon 1 EA $______ $______
2AB Pump VT 1,000 Gallon 10 EA $______ $______
Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping,
Colville National Forest BPA
Total Quote for Item 2A $______
Option
2B
Zone 2 – Republic/Three Rivers West
Option Year I
April 15, 2023 to December 31, 2023
2BA Pump S&HT 1,000 Gallon 1 EA $______ $______
2BB Pump VTs 1,000 Gallon 10 EA $______ $______
Total Quote for Item 2B $______
Option
2C
Zone 2 – Republic/Three Rivers West
Option Year II
April 12, 2024 through December 31, 2024
2CA Pump, S&HT 1,000 Gallon 1 EA $______ $______
2CB Pump, VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 2C $______
Option
2D
Zone 2 – Republic/Three Rivers West
Option Year III
April 12, 2025 through December 31, 2025
2DA Pump, S&HT 1,000 Gallon 1 EA $______ $______
2DB Pump, VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 2D $______
Total Quote for Zone 2 - (Item 2A + 2B + 2C + 2D) $______
Zone 3 – Three Rivers East
3A
Contractor to provide all supervision, labor, tools, transportation, equipment and
supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets
(VT) in accordance with PWS. Note: Quote shall include mileage.
Zone 3 – Three Rivers East
Base Item
Contract Award to December 31, 2022
3AA Pump S&HT 1,000 Gallon 1 EA $______ $______
3AB Pump VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 3A $______
Option
3B
Zone 3 – Three Rivers East
Option Year I
April 15, 2023 to December 31, 2023
3BA Pump S&HT 1,000 Gallon 1 EA $______ $______
3BB Pump VTs 1,000 Gallon 10 EA $______ $______
Total Quote for Item 3B $______
Option
3C
Zone 3 – Three Rivers East
Option Year II
April 12, 2024 through December 31, 2024
3CA Pump, S&HT 1,000 Gallon 1 EA $______ $______
3CB Pump, VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 3C $______
Option
3D
Zone 3 – Three Rivers East
Option Year III
April 12, 2025 through December 31, 2025
3DA Pump, S&HT 1,000 Gallon 1 EA $______ $______
3DB Pump, VT 1,000 Gallon 10 EA $______ $______
Total Quote for Item 3D $______
Total Quote for Zone 3 - (Item 3A + 3B + 3C + 3D) $______
Total Quote for all Zones $______
The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and
other incidentals necessary to perform toilet pumping services. The quote will be a fixed firm
price per unit, per visit and will include ALL fees associated with the service provided, including
but not limited, i.e., disposal of foreign debris found in the septic systems that is not classified as
sewages.
Unit price is a fixed price to pump and dispose at approved State Facility in accordance with the
specification listed herein. The unit price shall include mileage.
The frequency of pumping will vary during the period of performance. A BPA Call will be
issued to identify the frequency and location of the facilities to be serviced.
QUESTIONS DUE BY: 3/15/2022
by 12:00 PM PST
RESPONSE DUE BY: 3/30/2022 by
12:00 PM PST
QUESTIONS AND RESPONSES MUST ONLY BE SUBMITTED TO:
arlene.steffey@usda.gov
Schedule Notes:
a) COMPLETE THE YELLOW HIGHLIGHTED INFORMATION BELOW AND
SUBMIT A COPY WITH YOUR OFFER. SEE INSTRUCTIONS IN SECTION
IV, PROVISION 52.212-1.
VENDOR NAME:__________________________________________________
VENDOR DUNS:___________________________________________________
1. Background
The U. S. Department of Agriculture (USDA) and U.S. Forest Service (USFS) through Region 6
Acquisitions Management require competitive sources for the procurement of pumping services for
vault/pit toilet and septic systems at USDA Forest Service managed recreation sites located on the
National Forests in Oregon and Washington. The intent of any awarded Blanket Purchase
Agreements (BPA) is to streamline the acquisition process by providing direct access to a few
qualified vendors who are familiar in conducting business with the Federal Government.
2. Description of Agreement
The intent of this agreement is for the Contractor to furnish all necessary supervision, labor,
equipment, supplies (including potable water), transportation, materials, and other incidentals
necessary to perform all work required. Toilet vaults, septic tanks, and holding tanks are
located at various locations throughout the Colville National Forest. The services will be on a
"call when needed" basis with the period of performance between date of award through
the effective period.
The toilet facilities and tanks within each individual site are identified in the schedule and
maps. The contractor shall remove and dispose of all effluent in an acceptable manner in
accordance with state and federal rules, regulations, and laws; recharging the vault toilets with
approximately 150 gallons of water; and cleaning all spilled materials (as a result of pumping
and related activities) surrounding each toilet building. The sites are both recreational and
administrative. Most of the administrative sites are located on the Sullivan Lake Ranger
District compound.
This BPA will utilize specifications to define the requirements of each call placed. The
specifications will provide the key characteristics of the site to be serviced. A Blanket
Purchase Agreement/s (BPA) will be awarded in response to this solicitation. A BPA is a
simplified method of filling anticipated repetitive needs for supplies or services by
establishing “charge accounts” with qualified sources.
These services are normally required before and during the operating season, which can run
anytime between April 1 through October 30 annually, but may occur throughout the entire
year. Some locations also require services at the end of each season. Additionally, some
toilets are located at winter trailheads and may require winter pumping.
The number of sites and frequency of service may be increased or decreased throughout the
life of the BPA and are subject to the change clause FAR 52.212-4(C) Changes.
The recreation sites are listed by forest and/or district locations. (SEE ATTACHED
SCHEDULE OF ITEMS). Not all sites will be on double lane, paved roads and some could
be on single lane, dirt or gravel roads.
The toilets vary in maximum capacity and will be pumped on a “call when needed” basis with
90% of the waste contents removed per standard commercial practices. The contractor shall
be responsible for making disposal arrangements including disposal of all sewage and debris,
and payment of all fees. All waste shall be disposed of at a commercial treatment facility off
National Forest Lands. Applicable OSHA, State and Local laws and regulations will be
followed. The Government will issue a BPA Call. The service shall be serviced within one
(1) to seven (7) business days following request. The toilets shall be pumped on Mondays
through Fridays between the hours of 8:00 am and 4:00 pm.
Maps
Newport-Sullivan Lake v2 pages one (1)
Republic Three Rivers Latrine v2 pages one (1)
Three Rivers East v2 pages one (1)
Tonasket Latrine v4 pages one (1)
Maps showing the general vicinity and/or specific work areas are included in Section titled
"Contract Exhibits and Attachments". There may be some locations added or deleted to the
maps throughout the contract's effective period.
Wage Determination No.: 2015-5537 Revision No.: 15 Date Of Last Revision: 12/27/2021
3. Extent of Obligation
The Government is only obligated to the extent of authorized calls placed against this BPA by
authorized personnel, against authorized items.
4. Purchase Limitations
The limitation for each individual purchase under this BPA shall not exceed $500,000.
5. Individuals Authorized to Purchase under this BPA
Any warranted Contracting Officer with proper delegated authority within Forest Service Northwest
Procurement Zone. BPA Calls will be issued as work becomes available.
6. Delivery Tickets
All services under this agreement shall be accompanied by delivery tickets or sales slips that shall
contain the following minimum information:
(i) Name of supplier.
(ii) BPA number.
(iii) Date of purchase.
(iv) Purchase/Call number.
(v) Itemized list of units furnished.
(vi) Quantity, unit price, and extension of each item, less applicable discounts.
(vii) Date of delivery or shipment
7. Invoices
Individual invoices will be submitted for each delivery or as specified and allowed by each call.
Unless specified otherwise in the call, Invoices will be submitted to the Invoice Processing Platform
(IPP) at www.ipp.gov. All vendors selected for award of a BPA will be required to register in the IPP
system.
8. Placement of Calls
All work will be ordered based on the Firm-Fixed-Prices as shown in the Schedule of Items. BPA Calls
may be issued orally and followed up in writing, by facsimile, or by electronic commerce methods.
The government anticipates awarding multiple BPA Calls shortly after award of BPA. Estimated start
work dates and performance times will be identified on each Call. Calls may be issued continuously
with no time discounted for normal weather conditions or fire restrictions.
The Contractor is not required to accept every Call. However, there is a general expectation that the
Contractor will be available for most Calls.
Service contract wage rates will be added via attachment per BPA call/award. The wage rates
included in this solicitation are provided as a sample only.
9. Cancellation of BPA
The United States government reserves the unilateral right to cancel this BPA by providing written
notification to the contractor.
The contractor may withdraw from this BPA upon written request to the Contracting Officer.
Withdrawal from the BPA does not affect awarded calls.
10. Points of Contact and Mailing Address
A Kay Steffey, Contracting Officer
208-484-4622
Arlene.steffey@usda.gov
Issuing Office:
Procurement and Property Services
USDA-FS, CSA NORTHWEST 2
1220 3RD AVE STE 310
1221 PORTLAND OR 97204-2829
11. Period of Performance
BPA Calls may be placed through March 31, 2032. Concurrent BPA Calls may be issued.
Period of Performance: April 1, 2022, through March 31, 2032
The agreement shall be reviewed annually before the anniversary of its effective date and revised as
necessary to conform to the requirements of the Federal Acquisition Regulation. Contractors may
be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period
set forth by the Contracting Officer, the prices proposed in the original agreement (or latest update
if applicable) will remain in effect. Since the Schedule of Items offers pricing for outgoing years, the
Government is anticipating a low need for yearly updates.
The Government reserves the right to make single or multiple awards based on the responses to this
RFQ that represent the best value to the Government.
12. Modifying the BPA
This Blanket Purchase Agreement shall be changed only by modifying the agreement itself and not by
individual orders issued under it. Only the Contracting Officer identified in paragraph 10, or their
designated successor may modify this BPA
13. Definitions
CO: Contracting Officer - person with the authority to enter, administer, and/or terminate the
contract.
GTM: Government Technical Monitor – person who surveys, monitors and inspects work (no
contract authority).
COR: Contracting Officer Representative- person with limited authority to administer contract.
BPA Call, or Blanket BPA Call: An order for services placed against a BPA. Each BPA Call will
be numbered by using the alpha character “F” as the procurement type identifier (e.g.
1240BK21F00xx).
Authorized Callers: Designated Forest employees will be identified after award for each BPA.
Only those on the list may place an order or call for pumping services and any others shall be
denied.
Purchase limitation. The dollar limitation for each individual purchase (BPA Call/Order) under
the BPA shall not exceed a total of $xx.xx.
Extent of Obligation: The Government is hereby obligated only to the extent of authorized
purchases (calls/orders) actually made under this Blanket Purchase Agreement.
Invoices: A consolidated invoice shall be submitted monthly which includes all pumping
calls/orders in the period.
Delivery Tickets/Invoicing: All calls under the BPA shall be consolidated and invoiced monthly
thru the Department of Treasury's electronic Invoice Processing Platform (IPP). The use of this
invoice processing platform is a mandatory requirement initiated by USDA and the U.S.
Department of Treasury and you can find more information at https://www.ipp.gov/index.htm.
Please register at https://www.ipp.gov/vendors/enrollment-vendors.htm after award.
(vii) Date(s) and Place(s) of Delivery and Acceptance/Location
Location and Description
The toilets and tanks to be serviced are located at various campgrounds, administrative sites and
dispersed recreation areas throughout the Colville National Forest and are listed by zone,
number, and estimated capacity.
Access
All facilities are expected to be accessible by two-wheel drive vehicles upon suggested contract
start date.
Part II -- Contract Clauses
52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021)
Addenda to 52.212-4:
Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG
2017):
(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; 10 U.S.C. 2409 relating to whistleblower
protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.
Clauses:
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.236-9- PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (APR 1984)
52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)
Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar
(AGAR clauses begin with 452)
Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1)
clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the
clause.
Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping,
Colville National Forest BPA
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___)
clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the
regulation.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-
Commercial Items. (JAN 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which
are incorporated in this contract by reference, to implement provisions of law or Executive orders
applicable to acquisitions of commercial products and commercial services:
☐ (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions)).
☐ (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
☒ (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
☒ (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
☐ (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
☒ (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-
78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I
(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American
Recovery and Reinvestment Act of 2009.)
☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)
(Pub. L. 109-282) ( 31 U.S.C. 6101 note).
☐ (5) [Reserved].
☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of
Div. C).
☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
☐ (10) [Reserved].
☐ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).
☐ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep
2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (13) [Reserved]
☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-6.
☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).
☐ (ii) Alternate I (Nov 2016) of 52.219-9.
☐ (iii) Alternate II (Nov 2016) of 52.219-9.
☐ (iv) Alternate III (Jun 2020) of 52.219-9.
Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping,
Colville National Forest BPA
Page 13
☐ (v) Alternate IV (Sep 2021) of 52.219-9.
☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
☐ (ii) Alternate I (Mar 2020) of 52.219-13.
☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).
☐ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15
U.S.C. 657f).
☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C.
632(a)(2)).
☐ (ii) Alternate I (Mar 2020) of 52.219-28.
☐ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).
☐ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).
☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (Jul 2014) of 52.222-35.
☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping,
Colville National Forest BPA
Page 14
☐ (ii) Alternate I (Jul 2014) of 52.222-36.
☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496).
☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not
applicable to the acquisition of commercially available off-the-shelf items or certain other types of
commercial products or commercial services as prescribed in FAR 22.1803.)
☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items
(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available
off-the-shelf items.)
☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of
commercially available off-the-shelf items.)
☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423
and 13514).
☐ (ii) Alternate I (Oct 2015) of 52.223-13.
☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
☐ (ii) Alternate I (Jun2014) of 52.223-14.
☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s
13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-16.
☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)
(E.O. 13513).
☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☐ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).
☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41
U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note,
Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42,
and 112-43.
☐ (ii) Alternate I (Jan 2021) of 52.225-3.
☒ (iii) Alternate II (Jan 2021) of 52.225-3.
☐ (iv) Alternate III (Jan 2021) of 52.225-3.
☐ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☐ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and
statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302Note).
☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42
U.S.C. 5150).
☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services
(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov
2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018)
(31 U.S.C. 3332).
☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46
U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of 52.247-64.
☐ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference
to implement provisions of law or Executive orders applicable to acquisitions of commercial products
and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
☐ (5) 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) (41 U.S.C.
chapter 67).
☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and
does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor’s directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records
relating to the work terminated shall be made available for 3 years after any resulting final
termination settlement. Records relating to appeals under the disputes clause or to litigation or the
settlement of claims arising under or relating to this contract shall be made available until such
appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create
or maintain any record that the Contractor does not maintain in the ordinary course of business or
pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this
clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph
(e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated
below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
☒ (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions)).
☒ (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
☒ (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all
subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts
to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of
subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
☒ (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
☒ (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☒ (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☒ (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
☒ (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
☒ (xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O
13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
☐ (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.
chapter 67).
☐ (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).
☒ (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
☐ (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
☐ (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
☐ (B) Alternate I (Jan 2017) of 52.224-3.
☐ (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
☐ (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
☐ (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46
U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause
52.247-64.
(2)While not required, the Contractor may include in its subcontracts for commercial products and
commercial services a minimal number of additional clauses necessary to satisfy its contractual
obligations.
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
(DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1)
clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the
clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___)
clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the
regulation.
452.204-70 Modification for Contract Closeout (OCT 2021)
Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR
13:
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer
(CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the
modification but will not be required to provide a signature. The CO shall immediately proceed with
contract closeout upon completion of the period of performance, receipt and acceptance of supplies or
services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral
modification for deobligation. The contractor will receive a copy of the modification and will be required
to provide a signature. (The CO may also request a Release of Claims be completed by the contractor,
although not required for contract and orders using SAP procedures.) If the bilateral modification and
Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as
unilateral and proceed with contract closeout upon completion of the period of performance, receipt
and acceptance of supplies or services, and final payment.
452.222-70 Labor Law Violations (OCT 2021)
In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor
laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in
compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue
corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a
violation of labor law(s) made in the provision of supplies and/or services under this or any other
government contract. The contractor is responsible for promptly reporting to the contracting officer if
and when adjudicated evidence of noncompliance occurs. The Department of Agriculture considers
certification under this clause to be a certification for purposes of the False Claims Act. The Department
will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by
other agencies.
Applicable Labor Laws include:
(a) the Fair Labor Standards Act; (b) the Occupational Safety and Health Act; (c) the Migrant and
Seasonal Agricultural Workers Protection Act; (d) the National Labor Relations Act; (e) the Davis-Bacon
Act; (f) the Service Contract Act; (g) Executive Order 11246 (Equal Employment Opportunity); (h) Section
503 of the Rehabilitation Act of 1973; (i) the Vietnam Era Veterans’ Readjustment Assistance Act; (j) the
Family and Medical Leave Act; (k) Title VII of the Civil Rights Act of 1964; (l) the Americans with
Disabilities Act of 1990; (m)the Age Discrimination in Employment Act of 1967; (n) Executive Order
13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (o) equivalent state laws, as
defined by the Secretary of Labor in guidance. (p) Executive Order 13627 (Strengthening Protections
Against Trafficking in Persons in Federal Contracts)
The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that
the information described above be provided to the contractor.
452.222-71 Past Performance Labor Law Violations (OCT 2021)
In submitting this offer, the offeror (prospective contractor) certifies to the best of the offeror’s
knowledge and belief, that they, and any subcontractor at any tier, are in compliance with all previously
required corrective actions for adjudicated labor law violations (see applicable labor laws in 452.222.70).
Prior to receiving an award, a contractor shall provide a list of the specific violations of the legal
requirements listed above, if any, and be given an opportunity to disclose any steps taken to correct the
violations of, or improve compliance with, such legal requirements. The contracting officer in
coordination with their Mission Area senior contracting official will consider any information provided
and determine whether a contractor is a responsible source that has a satisfactory record of integrity
and business ethics. The contracting officer shall ensure that contractors update the information
provided every 6 months and that they require their subcontractors to update them on the
aforementioned information every 6 months.
The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that
the information described above be provided to the contractor.
Additional Requirements/Terms and Conditions:
BPA TERMS AND CONDITIONS
Individual Project BPA Calls, or Blanket BPA Calls will be placed, at the fixed prices as shown on the
Schedule of Items. The Government does not guarantee to any vendor any minimum number of orders
or amount of award.
The BPA will be reviewed annually to ensure that it still represents a best value.
The Government is obligated only to the extent of authorized award amount.
The BPA does not obligate any funds.
To meet the needs of the Government, new agreements may be awarded at any time during the period
of this agreement. Any new agreements will have the same completion date as the initial agreements.
All calls placed against this BPA are subject to the terms and conditions of this agreement. BPA Calls may
be placed by email, mail, or oral communications.
(End of clause)
Calls – Request for Quote (RFQ) Procedures
a) A Blanket Purchase Agreement (BPA) Call is a contractual instrument issued by an
authorized and warranted government Contracting Officer to order work for the
government.
b) As the need exists for performance under the terms of this BPA any warranted Forest
Service Contracting Officer may solicit quotes and issues task orders against this contract.
c) Additional specifications may be provided with each RFQ.
d) RFQs will be transmitted primarily via e-mail.
e) RFQs may include evaluation criteria (ie: past performance, technical approach, etc.)
which will require the submission of a technical proposal. All RFQs shall specify the
method for award determination and indicate the required response documentation.
f) Upon the receipt of an RFQ from the Government, the Contractor shall respond as
specified.
g) Multiple Award BPA holders will receive fair opportunity to be considered for each RFQ
unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.
AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 15
days after the date of contract award. The conference will be held at: Online, or at a different location
by mutual agreement.(End of Clause)
DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE
The Contracting Officer designates the Contracting Officer's Representative (COR).
The COR is responsible for administering the performance of work under this contract. In no event, however, will
any understanding, agreement, modification, change order, or other matter deviating from the terms of this
contract be effective or binding upon the Government unless formalized by proper contractual documents
executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the
Government, which will change the required delivery or completion times stated in the contract, and the contract
will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR
provided they do not affect the delivery schedule or performance period stated in the contract.)
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.
Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the
Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper
contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits.
Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of
a contract claim.
(End of Clause)
FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
At all times during performance of this contract and until the work is completed and accepted, the
Contractor shall directly superintend the work or assign and have on the worksite a competent
superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.
(End of Clause)
NOTIFICATION OF SUBCONTRACTING
The Contractor shall promptly notify the Contracting Officer before entering any subcontract
arrangement. The notification shall include as a minimum:
The name, address, telephone number and DUNS number of the subcontractor.
The date upon which the subcontract was entered into and its duration.
A detailed description of the work being subcontracted including a listing of contract items, units, etc.,
as appropriate.
INDIVIDUAL PROJECT BPA PURCHASE/CALL PERFORMANCE PERIOD
REQUIREMENTS
The following clause, FAR 52.211-10, shall apply to each individual BPA call. An estimated start work
date will be included within the BPA call. The specific days/dates included within a BPA call will vary
considerably. The allowed performance completion period for individual projects will be dependent
upon factors such as project size, complexity, available work periods limitations, and date of issuance.
(End of Clause)
SCHEDULES FOR SERVICE CONTRACTS
The Contractor shall provide a proposed work schedule at the pre-work (per BPA call) to ensure
completion of the work within the time set forth in call. If the Contractor's progress falls behind that
scheduled, the Contractor shall take such action as necessary to improve progress; in addition the
Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work
to ensure completion within the time(s) set forth in the contract.
CONTRACTOR QUALITY CONTROL PLAN
The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan
must demonstrate how the Contractor shall assure that quality of performance meets the objectives
and requirements of the contract. The QCP shall specify:
How quality will be monitored to ensure performance standards are met.
How the work will be supervised.
How results of the monitoring will result in quality performance.
Identify the personnel responsible for performing quality control.
Contractor Quality Control Inspection
The Contractor shall assure themselves that performance meets contract specifications, in accordance
with FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, paragraph (a), prior to
requesting the Government to inspect for payment or acceptance. The Contractor shall contact the
Contracting Officer upon completion of a work area. The Contracting Officer may observe the
Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.
GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN
The Government may periodically evaluate the Contractor’s performance by appointing a
representative(s) to monitor performance to ensure services are received. The Government
representative will evaluate the Contractor’s performance through intermittent on-site inspections of
the Contractor’s work.
UNSATISFACTORY PERFORMANCE
Nonconformance with any of the specifications will require rework at the Contractor’s expense, to bring
the work up to specification standards. When inspection results are unsatisfactory and the deficiency is
correctable, payment will not be made until the deficiency has been corrected.
REWORK AND REINSPECTION AFTER REWORK
When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made
until deficiency has been corrected. Re-inspection after rework will be made in the same manner as the
first inspection but may be at different locations. The Contractor shall pay for inspections necessitated
by the rework.
SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE
The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time
as deemed necessary because of: (1) weather or ground conditions when further prosecution of the
work might cause environmental or resource damage to the project, access roads to the project, or
adjacent property. Such action would include but not be limited to instances such as, damage to access
roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2)
failure of the Contractor to comply with specifications such as but not limited to placement of chemical
sprays in areas other than those specified, performing work prior to prerequisite approvals, operating
equipment not meeting fire requirements, or when conditions exist which do not meet safety
requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for
correcting any damage caused by its operation, whether inside or outside project limits, at no cost to
the Government. Such suspensions shall not be considered as terminations for the Government’s
Convenience FAR 52.212-4(l), and shall not qualify for an equitable adjustment.
USE OF PREMISES
The Contractor shall comply with the regulations governing the operation of premises that are occupied
and shall perform its contract in such a manner as not to interrupt or interfere with the conduct of
Government business.
Before any camp is opened or operated on National Forest land or lands administered by the Forest
Service, the Contractor shall request permission (in writing) from the COR. A camp is interpreted to
include the campsite or trailer parking area of any employee working on the project for the Contractor.
If permission is granted, a camping permit will be issued.
It is further stipulated that in addition to clean up of any campsites, the Contractor shall remove its
equipment from National Forest land before final acceptance and payment of the project.
AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)
If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall
discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.
LANDSCAPE PRESERVATION
The Contractor shall give attention to the effect of contract operation upon the landscape, shall take
care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance
with the following requirements:
Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy
trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless
otherwise provided, the Contractor shall confine contract operations to within the areas designated in
contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which
falls outside the roadway due to contract operations and dispose of it as directed, by the Government.
Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent
pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen, dust palliatives, silt, or
other harmful materials. Mechanical equipment shall not be operated in live streams without written
approval of the Government. If a petroleum spill should take place in the water, the Contractor shall
immediately notify the COR and the Oregon Emergency Response System (OERS), telephone 1-800-452-
0311 or 1-503-378-4124.
THREATENED, ENDANGERED, AND SENSITIVE SPECIES
Endangered Species - The Government may direct the Contractor to discontinue all operations in the
event that listed or proposed threatened or endangered plants or animals protected under the
Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state
listed species, are discovered to be present in or adjacent to the project area. Actions taken under this
paragraph shall be subject to the Suspension of Work clause, FAR 52.242-14.
PROPERTY AND PERSONAL DAMAGE
The Contractor shall use every precaution necessary to prevent damage to public and private property.
Land monuments and property markers shall not be disturbed until the Contracting Officer, or his/her
representative, has witnessed or otherwise referenced their location and directed their removal.
The Contractor shall be responsible for all damage to property and to persons, including third parties,
that occur as a result of his/her agent's or employee's fault or negligence. The term "third parties" is
construed to include employees of the government.
PUBLIC OFFICIALS NOT PERSONALLY LIABLE
There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or
employees, for any act performed in the discharge of any duty imposed or the exercise of any power or
authority conferred upon them, by, or with the scope of the contract, it being understood that in all
such matters they act solely as agents and representatives of the Government.
TRASH AND REFUSE MATERIAL
Contractor shall remove all its trash and refuse from the contract area. Material to be removed
includes, but is not limited to: chemical containers, used engine oil, oil filters, oil cans, grease cartridges,
camp refuse such as tin cans, paper garbage, etc. All placement of sanitary facilities will require prior
approval of the Contracting Officer.
AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)
Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause
52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a
part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the
Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to
control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.
Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the
Government of any fires sighted on or in the vicinity of the work site.
Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer,
the Contractor shall allow the Government to temporarily use employees and equipment from the work
site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the
temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.212-4(c). *
TERMINATION FOR CAUSE, DAMAGES FOR DELAY
Employment of undocumented workers is conducive to creating situations that cause undue and
unwarranted disruptions to contract work. To avoid these situations, it is hereby mutually agreed in the
event the Contracting Officer receives written notice from the U. S. Immigration and Customs
Enforcement (ICE) of two
(2) separate instances where undocumented workers were employed on work under this Contract;
action will be taken to place the Contractor in default.
USE OF ROADS BY CONTRACTOR
The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open
and necessary for direct route access to the contract work sites for all activities necessary to complete
each BPA Call. This authorization is subject to the limitations described below, when such use will not
damage the roads or national forest resources, and when traffic can be accommodated safely.
Keep existing roads open to all traffic during contract work and maintain them in a condition that will
adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing
access to the roadway surface until a Written Plan or approval has been received for the satisfactory
handling of traffic. Provide and post Traffic Control Signs and Devices in conformance with the “Manual
on Uniform Traffic Control Devices” (MUTCD), if applicable. Do not proceed with work on the project
until all required signs are in place.
Before shutting down any operations, leave all travel ways in a condition suitable for traffic. Unless
otherwise provided, traffic delays may not exceed 30 minutes.
ISSUING OFFICE ADMINISTRATION
The Issuing Office shall be responsible for fund obligation and payment processing and shall complete all
Federal Procurement Data System (FPDS) and other reporting as applicable.
ADMINISTRATION OF INDIVIDUAL PROJECT BPA CALLS
Wherever the term “contract” is used herein it shall be construed to apply equally to each individual BPA
call placed under the BPA contract, as if each individual BPA call was a separate contract. The Contractor
shall refer all questions to the Contracting Officer if clarification is needed regarding the application of
contract clauses to individual BPA calls.
Each Individual Project BPA Call is separable to the extent that it will be initiated, performed,
administered, completed and closed independently.
Individual BPA Calls may have separate Contracting Officers and Contracting Officer’s Representatives.
Individual BPA Calls will have unique performance terms and notices to proceed.
Individual BPA Calls will have their own independent payments.
FAIR OPPORTUNITY
Each BPA holder will be given fair opportunity for the BPA Call. Past Performance, Quality Control, and
price,p rior to award and during contract performance will be considered on each BPA Call.
Ombudsman. If a Contractor believes they are not being fairly considered for a particular BPA Call, they
may present the matter to the Contracting Officer. The Contractor may appeal the explanation or
decision of the Contracting Officer to the Forest Service Ombudsman. The Ombudsman will review the
Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor is
afforded a fair opportunity to be considered for the BPA Call. Complaints to the USDA Forest Service
Ombudsman must be forwarded to:
Assistant Director for Operations, Acquisition Management, Washington Office Rosslyn Plaza
1621 N Kent Street, Plaza E, Suite 707
Arlington, VA 22209
Phone (703) 605-4665
Facsimile (703) 605-5100
EVALUATION OF CONTRACTOR PERFORMANCE
Failure to sufficiently meet performance requirements and goals may prompt the Government to stop
issuing Call Order Requests.
Part III -- List of Documents, Exhibits, and Other Attachments
The following attachments are part of this solicitation, any awarded BPA and any awarded BPA
Call.
Attachment No. Title of Attachments Pages
1 NEWPORT-SULLIVAN LAKE RANGER DISTRICT MAP 1
2 REPUBLIC THREE RIVERS RANGER DISTRICTS 1
3 THREE RIVERS RANGER (EAST) DISTRICT 1
4 TONASKET RANGER DISTRICT 1
5 WAGE DETERMINATION 15-5537 REV 15 12/27/2021 12
