2019_WRD_Road_Blading_Solicitation.DOCX
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- Wrangell Road Blading
- Solicitation number
- 12010919Q0022
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WRD Blading Solicitation
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| Amendment_002_April_5.pdf | ||
| Amendment_001_Wrangell_Blading.pdf | ||
| WrangellIslandRoadMap.pdf | ||
| SKM_C45819031919210.pdf | ||
| 2019REGISTER_OF_WAGE_DETERMINATIONS_UNDER.pdf |
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12010919Q0022 Wrangell Road Grading 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; quotes are being requested based on the requirements outlined in this combined synopsis/solicitation. A written solicitation will not be issued.
This solicitation is issued as a Request for Quotation (RFQ), for a firm fixed price requirements contract. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-001.. All responsible sources may submit a quote in response to this solicitation, which shall be considered. A contract may be awarded resulting from this solicitation to the responsible quoter whose quote conforms to the solicitation and is most advantageous to the Government.
This requirement is a total (100%) HubZoneset aside. The associated NAICS code is 237310 and small business size standard is $36.5M. The associated product service code (PSC) Z1LB
The estimated quantity per year shown on the schedule of items is an estimate. The actual quantity ordered may be more or less per year for a 3-year ordering period. The quoted price shall be inclusive of all labor, materials, travel, overhead, etc. required to complete specified work.
Required Delivery Date Completion by dates as determined in individual Task Orders
| Vendor Name: |
| Phone: |
| Address: |
| DUNS#: |
| SAM Expiration date: |
| Email: |
Base Items to be completed May 01 2019 – May 1 2020
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Total |
| 811(1B)Blading roads with Compaction B |
| Mile |
| 77.9 |
| $ |
| $ |
| 151(1) Mobilization |
| LS |
| 1 |
| $ |
| $ |
| 813(1A) Spot Surfacing, Government- Furnished Material, Compaction B |
| Cubic Yard |
| $ |
| $ |
| 204(04) Unclassified Borrow, Compaction d, Finish A, includes haul |
| Cubic Yard |
| 10 |
| 204(01)Roadway Excavation, Common material |
| Cubic Yard |
| 15 |
| 251(01) Placed Riprap, Class 3-6 |
| Cubic Yard |
| 12 |
| 151(01) Mobilization |
| Lump Sum |
| 1 |
Total
Option 2 to be completed May 1 2020 – Oct 15 2020
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Total |
| 813(1A) Spot Surfacing, Government- Furnished Material, Compaction B |
| Cubic Yard |
| 1 |
| $ |
| $ |
| 151(1) Mobilization |
| LS |
| 1 |
| $ |
| $ |
Total
Option 3 to be completed May 1 2020 – May 1 2021
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Total |
| 811(1B)Blading roads with Compaction B |
| Mile |
| 77.9 |
| $ |
| $ |
| 151(1) Mobilization |
| LS |
| 1 |
| $ |
| $ |
Total
Option 4 to be completed May 1 2021 – May 1 2022
| Description |
| Unit |
| Estimated Quantity |
| Unit Price |
| Total |
| 811(1B)Blading roads with Compaction B |
| Mile |
| 77.9 |
| $ |
| $ |
| 151(1) Mobilization |
| LS |
| 1 |
| $ |
| $ |
Total
Please fill out all the schedules above.
Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)
(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
1. Project Scope:
The intent of the contract is to provide for maintaining the surface of National Forest Service Roads on Wrangell Island, Alaska. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to maintain the facilities in accordance with the typical drawings and specifications, in the parent contract.
The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.
The road segments listed for maintenance are shown in the Road Grading Frequency List below. These roads are subjected to change depending on road conditions. Duration between subsequent frequencies shall be determined by the Engineer prior to commencement of work. Weather, and types and amounts of traffic will affect road segment scheduling.
2. Description and Location:
The maintenance work to be performed includes grading and compacting forest road surfaces. The intent of the contract is to maintain the existing road surface by removing irregularities, establishing a crowned surface and compacting the surface under optimal moisture content conditions.
Options one, two and three will be awarded if/when funds become available
Potential offeror’s are encouraged to examine the work sites prior to bidding on this project.
Blading Roads with Compaction B
1) Segments of road are to be bladed and rolled in the spring or both in the spring and fall as identified in the table below. Spring blading shall be completed by July 1 of the applicable year. Fall blading shall be completed between September 1, and October 15, of the applicable year.
2) McCormack Road 6265 MP 4.9 to MP 11.2: Use a minimum 7 ton pneumatic roller with a grid pattern (instead of a smooth) roller surface.
3) Salamander Road 50050 MP 0.6 to MP 5.7: Compact only (no blading) with a minimum 7 ton pneumatic roller with a grid pattern (instead of a smooth) roller surface. A minimum of three passes over the full width of the road, including turnouts, is required.
4) Middle Ridge Roads 50054 and 50060: These north facing and higher elevation roads may have snow on them during the spring timing window. If snow exists on these roads on June 15 the blading completion date shall be extended until 15 days after the snow melts from the road surface.
Repairing sloughing shoulder on Road 6265
1) The left shoulder of road 6265 has sunk on the outside edge of road at milepost 10.9. The estimated dimensions of the slough are 25 ft. in length x 3 ft. in width x 1 ft. in depth.
2) Required work includes back filling with pit run shot rock and capping with government furnished crushed aggregate.
3) Government furnished crushed aggregate is located in the Garnet Pit on Rd. 50022. The Garnet Pit is approximately 9 miles from the repair site. The Garnet pit and the Pats Rd. 6255 pit are available for development of required shot rock and rip rap.
4) Refer to project drawing sheet 2 of 2 for details of repair.
The associated miles to be bladed are summarized below:
Spring Fall Total Road Name Road No. MP - MP Blading Blading miles
| Pats TTF |
| 6250 |
| 0.0 – 0.4 |
| X |
| X |
| 0.8 |
| Pats Creek |
| 6259 |
| 0.0 – 5.4 |
| X |
| X |
| 10.8 |
| Upper Basin |
| 6263 |
| 0.0 – 2.4 |
| X |
2.4
| McCormack Creek |
| 6265 |
| 0.2 – 4.9 |
| X |
| X |
| 9.4 |
| McCormack Creek |
| 6265 |
| 4.9 – 11.2 |
| X |
6.3
| Nemo |
| 6267 |
| 0.0 – 2.0 |
| X |
| X |
| 4.0 |
| Nemo |
| 6267 |
| 2.0 – 13.9 |
| X |
11.9
| Fools Inlet |
| 6270 |
| 0.0 – 9.9 |
| X |
9.9
| Long Lake |
| 6271 |
| 0.0 – 0.4 |
| X |
0.4
| Paw |
| 6276 |
| 0.0 – 2.7 |
| X |
2.7
| Thoms Creek |
| 6299 |
| 0.0 – 5.5 |
| X |
5.5
| Yunshookuh Loop |
| 50029 |
| 0.0 – 0.1 |
| X |
0.1
| Anita View |
| 50033 |
| 0.0 – 0.3 |
| X |
0.3
| Highline |
| 50035 |
| 0.0 – 0.1 |
| X |
0.1
| Highbush |
| 50040 |
| 0.0 – 1.4 |
| X |
1.4
| Lower Salamander Campsite |
| 50049 |
| 0.0 – 0.2 |
| X |
0.2
| Salamander |
| 50050 |
| 0.0 – 0.6 |
| X |
0.6
| Salamander |
| 50050 |
| 0.6 – 5.7 |
| X |
5.1
| Old Hermit |
| 50051 |
| 0.0 – 1.5 |
| X |
1.5
| Middle Ridge, Lost Joe |
| 50054 |
| 0.0 – 1.0 |
| X |
1.0
| Middle Ridge, Big Hollow |
| 50060 |
| 0.0 – 3.5 |
| X |
3.5
77.9
3. Technical Specifications (See Section C for details of Quality Assurance and Surveillance Plan)
0. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, FP-14, U.S. Customary Units
0. The specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting work.
0. These specifications can be ordered from FHWA. For information on how to order books, go to the FHWA’s website, https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf
4. Special Project Specification and Forest Service Supplementation to FP-14
811 - SURFACE MAINTENANCE
811.01 Service Required.
Smooth and shape native or aggregate surfaced roads including traveled way, shoulders, turnouts, and intersections.
811.02 Performance Standards.
A road surface is maintained to standard when the surface is shaped (crowned, or sloped to drain, depending on road geometry) and compacted, without segregation of the surfacing materials. The road surface has no ruts or rills, suitable materials have been recovered and incorporated. Unsuitable materials have been removed.
811.03 Compaction.
Roads requiring compaction will be included in the Road Listing. Unless Compaction Method B is designated in the SCHEDULE OF ITEMS and Road Listing, all traveled ways requiring compaction shall be compacted by Method A. Compaction shall commence immediately following blading. Compaction methods are:
Compaction Method A: By breaking track while operating equipment on the traveled way.
Compaction Method B: Operate 7-10 ton pneumatic, steel or equivalent smooth wheel vibratory roller over the full width until visual displacement ceases.
811.05 Measurement.
Measurement under this Section will be made by the total number of units for each item listed in the SCHEDULE OF ITEMS completed and accepted.
A. Measurement for blading will be linear mile measured along the centerline of the roadway. Measurement will be measured to the nearest one-tenth (0.1) mile.
B. No measurement will be made under this section for Compaction Method A. Measurement for Compaction Method B or smooth blading will be the same as for blading.
811.06 Payment.
A. The accepted quantities will be paid at the contract price per unit of measurement for the Section 811 pay items listed in the schedule of items. Payment will be full compensation for the work prescribed in this Section.
Pay Item Pay Unit
| 811(1A) | Blading Roads with Compaction A | Mile |
| 811(1B) | Blading Roads with Compaction B | Mile |
5. Resources Provided by the Contractor
The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.
A. Unless otherwise stated in the solicitation, the contractor shall furnish all material required for performance of the contract. All material shall comply with these specifications.
B. The Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.
C. The Contractor shall commence work within 10 days of the Notice to Proceed.
D. Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.
E. The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures as specified in Section C.7 of this solicitation.
F. The Contractor shall remove from National Forest lands all equipment and parts and pieces left over after the project is complete.
6. Contractor’s Quality Control Plan
The Contractor shall, within 5 days from receipt of a request from the Contracting Officer, submit a progress schedule to complete all work ordered within the time stated in the Contract. If the Contractor falls behind schedule, the Contractor shall take such action as necessary to recover. The Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time stated in the Contract
7. Signing and Safety
(a) A reflectorized SLOW-MOVING VEHICLE emblem shall be attached to any equipment not designed to maintain a safe travel rate or that will be moving at a slow rate while performing maintenance.
(b) It shall be the Contractor’s responsibility to furnish black and orange reflectorized maintenance warning signs to alert motorists of maintenance operations. A minimum of one (1) sign at each end of road sections being maintained shall be kept in place at all times and shall be moved as work progresses. All signs shall follow Manual of Uniform Traffic Control Devices (MUTCD) procedures.
(c) If a berm is left in the roadway overnight or weekends due to weather conditions or breakdowns, it shall be properly signed as a hazard and visibly illuminated at night by Type B High-Intensity Flashing Warning Lights with a minimum mounting height of 36 inches to bottom of lens as required by the MUTCD.
8. Damage to Structures
The Contractor shall be held liable and is responsible for any damage caused by Contractor’s personnel or equipment to any bridges, guardrails, culverts, signs, and riprap-protecting culvert inverts. Repair to these structures shall be at the Contractor’s expense and at no additional cost the Government
9. Activity Report
The Contractor shall maintain and furnish a Daily Activity Report reporting maintenance activity performed. Reports shall be furnished to Contracting Officer on a weekly basis.
10. Quantity Measurement Terms
1. Measurement under the contract shall be according to the United States standard measure.
2. The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.
3. Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.
4. Linear mile measurement will mean the sum of the road length parallel to the centerline.
5. Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract
11. Quality Assurance and Surveillance Plan
| Statement of Work Reference |
| Performance Standards |
| Required Services |
| Surveillance Method & Performance Threshold |
| 811.01 |
| Potholes and washboards removed from road surface, crown, inslope or outslope is uniform, 2% is typically acceptable |
| Grade and shape road surface |
| Visual Inspection |
Incidental variances allowed.
| 811.02 |
| Road surface material contains sufficient moisture, is not too wet or too dry to achieve compaction. |
| Moisture content suitable for compaction |
| Visual Inspection |
No variances allowed.
| 811.03 |
| For roads to be graded and compacted under Compaction Method B, entire treated road width is compacted with rolling equipment until visual displacement ceases. |
| Compaction of road surface |
| Visual Inspection |
No variances allowed.
| 811.01 |
| Side roads open to traffic are graded to ensure smooth transitions a minimum of 100 feet from the intersection. |
| Intersections |
| Visual Inspection |
Incidental variances allowed.
| 811.01 |
| Road segments being graded are no longer than 1 mile in length. Roads treated under Compaction Method B have less than 3 miles of un-compacted segments. Berms created during grading operations are removed from the roadway prior to the end of each day’s work and not left in place overnight. |
| Working area lengths and overnight conditions |
| Visual Inspection |
Incidental variances allowed.
| 7. |
| Warning signs are in place at each end of road segments undergoing work. |
| Warning signs |
| Visual Inspection |
No variances allowed.
| 9. |
| Daily activity report recorded accurately and furnished in timely manner |
| Record daily maintenance activities, furnish to COR weekly |
| Visual Inspection |
Incidental variances allowed.
12. Special contract requirements
1. LANDSCAPE PRESERVATION
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which fall outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.
(b) Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measure shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.
(c) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceed a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.
13. USE OF PREMISES (addendum to AGAR 452.236-72)
(a) Obtain written approval from the Contracting Officer before opening or operating on National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.
(b) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.
| 1. | Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking. |
| 2. | Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for |
domestic sewage.
3. Ensure that the design, operation, and maintenance of all solid waste systems under Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.
4. Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage.
Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.
(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following information on this plan:
| 1. | Location and size of the proposed camp development, including a map. |
| 2. | Wastewater system. |
| 3. | Number of people who will use the site and proposed dates of occupancy. |
| 4. | Power supply system. |
| 5. | Water supply system. |
| 6. | Building layout, shop area, living quarters. |
| 7. | Road and trail layout. |
| 8. | Clearing limits and slash disposal locations. |
| 9. | Borrow areas. |
| 10. | Dock and access location. |
| 11. | Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan. |
| 12. | Incinerator location and ash disposal plan. |
Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.
14. EMERGENCY CONTROL
(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.
(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.
(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.
15. ROLES AND RESPONSIBLITIES
The Contractor has the responsibility to contact the COR in the event of questions regarding regulatory, safety, or acceptability requirements. Agency personnel will be available to the Contractor for consultation and participation as agreed upon by both parties. The Contractor has the responsibility to contact the CO for questions regarding the contract specifications.
This requires collaboration between the Government and Contractor.
Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.
| Kind of Tool |
| No. of People Working in Area |
| 1-4 |
| 5-9 |
| 10-15 |
| 16-20 |
| Axe, d.b chopping, 32-inch min. handle |
| 1 |
| 1 |
| 2 |
| 3 |
| Shovels, L.H. R.P., No. 0 or larger |
| 1 |
| 3 |
| 6 |
| 7 |
| Pulaski, 32-inch min. handle |
| 2 |
| 3 |
| 7 |
| 10 |
| File, 10-inch mill bastard |
| 1 |
| 1 |
| 1 |
| 2 |
Pumps, backpack cans, 5-gal filled with water
| 1 |
| 2 |
| 2 |
| 3 |
Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:
(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.
(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.
A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.
(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.
(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.
Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.
Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:
1. 2-1/2 pound size or larger dry chemical type.
2. 4-pound size or larger carbon dioxide type.
Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.
Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.
Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.
16. Terms and conditions All terms and conditions in this Contract apply to this Contract and any subsequent Task Order. The following Federal Acquisition Regulations (FAR) and Department of Agriculture Acquisition Regulations (AGAR) apply, and can be found electronically at the following websites:
https://acquisition.gov https://acquisition.gov/Supplemental_Regulations https://www.dm.usda.gov/procurement/policy/agar.htm 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I (Oct 1995) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. (Jan 2019)
(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 items:
(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 items:
(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).
(5) 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 items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402).
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
_X_ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).
_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C.
3332).
(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 items:
_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
This Statement is for Information Only:
| Employee Class |
| Monetary Wage—Fringe Benefits |
| WG-06 – Equipment Operator |
| __$24.73_____________________ |
| WG-06 – Equipment Mechanic |
| __$24.73_____________________ |
_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(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, 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 items. 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 (Oct 2015) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (May 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). 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 (May 2014) (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 (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(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 (May 2014) (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
End of Clause
52.216-18 , ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2019 through May 1, 2022.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-19, ORDER LIMITATIONS (OCT 1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $250,000.00;
(2) Any order for a combination of items in excess of $250,000.00 or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-21, Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 1, 2022.
52.217-7 Option for Increased Quantity – Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the timeframe prior to demobilization from the Geographic Area. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.
Applicable AGAR Clauses 452.236-72 Use of Premises (Nov 1996)
(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Office. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.
(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.
452.236-74 Control of erosion, sedimentation, and pollution (Nov 1996)
(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.
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.
ATTACHMENTS
1. WRD Blading Vicinity Map
2. Service Contract Act Wage Determination – 20 pages
3. Daily Activity Report
In compliance with the paper reduction act, provisions apply only to the solicitation phase, are not duplicated after contract award. However, representations, certifications, and other statements of offerors or respondents will be incorporated by reference into the resulting contract.
"The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program Finformation (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.”
Applicable Provisions (Federal Acquisition Regulation) https://www.acquisition.gov/browsefar:
52.204-7, System for Award Management (Oct 2016) 52.204-16, Commercial and Governmental Code Reporting (Jul 2016) 52.212-1, Instructions to Quoters – Commercial Items (Jan 2017) Addenda: In addition to the requirements in the basic clause, please submit a short narrative addressing the following criteria:
1) Prior Experience: performing this type of work
2) Past Performance: list of references, include name, phone number, and email.
3) Capacity; type of equipment available to perfrom work.
4) Price:
Please submit a filled-in Schedule of Supplies/Services from Pages 1, 2, and 3.
This information will be used by the Government for evaluation (see Evaluation of Quotes below).
52.212-3, Offeror Representations and Certifications – Commercial Items (Nov 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Vete…
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