Solicitation_Package_RoadBlading_18Q0059.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 895266 54

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

12034318Q0059

DATE

03/01/2018

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION MICHAEL J. LUCAS calls) LOCAL TIME

INFORMATION CALL: Contracting Officer 406-329-3979 03/30/2018 4:00 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA – Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Western Montana Acquisition Zone SMALL BUSINESS EMERGING SMALL

BUSINESS

Building 24, Fort Missoula

Missoula, MT 59804

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7.5 million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ___________________________________________

Tax Identification No.: __________________________________ Email Address: ________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of

Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Lolo National Forest Road Maintenance Blading

FURNISHING QUOTATION:

1. Complete Standard Form 1449

2. Schedule of Items

3. Experience Questionnaire

4. Solicitation Provisions

Please return to the address shown in Block 9. Place

“ATTN: Michael J. Lucas Contracting Officer -

Solicitation No. 12034318Q0059” on the envelope.

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 http://www.ipp.gov/

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

Solicitation No. 12034318Q0059

Road Maintenance Blading

Lolo National Forests

I. SCHEDULE OF ITEMS.

Missoula Ranger District

Item No. Description Pay

Unit

Estimated

Quantity** Unit Price Amount

1.1 Road Blading Mile 30 $___________ $__________

1.2* Road Blading Hour 15 $___________ $__________

1.3* Water Truck Hour 8 $___________ $__________

1.4 Roller Compaction Mile 8 $___________ $__________

1.5* Roller Compaction Hour 8 $___________ $__________

TOTAL $___________

Item No. Description Pay

Unit

Estimated

Quantity** Unit Price Amount

1.1 Road Blading Mile 30 $___________ $__________

1.2* Road Blading Hour 15 $___________ $__________

1.3* Water Truck Hour 8 $___________ $__________

1.4 Roller Compaction Mile 8 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

1.1 Road Blading Mile 30 $___________ $__________

1.2* Road Blading Hour 15 $___________ $__________

1.3* Water Truck Hour 8 $___________ $__________

1.4 Roller Compaction Mile 8 $___________ $__________

Ninemile Ranger District

Item No. Description Pay

Unit

Estimated

Quantity** Unit Price Amount

2.1 Road Blading Mile 40 $___________ $__________

2.2* Road Blading Hour 15 $___________ $__________

2.3* Water Truck Hour 8 $___________ $__________

2.4 Roller Compaction Mile 8 $___________ $__________

2.5* Roller Compaction Hour 8 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

2.1 Road Blading Mile 40 $___________ $__________

2.2* Road Blading Hour 15 $___________ $__________

2.3 Water Truck Hour 8 $___________ $__________

2.4 Roller Compaction Mile 8 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

2.1 Road Blading Mile 40 $___________ $__________

2.2* Road Blading Hour 15 $___________ $__________

2.3* Water Truck Hour 8 $___________ $__________

2.4 Roller Compaction Mile 8 $___________ $__________

Seeley Lake Ranger District

Item No. Description Pay

Unit

Estimated

Quantity** Unit Price Amount

3.1 Road Blading Mile 40 $___________ $__________

3.2* Road Blading Hour 15 $___________ $__________

3.3* Water Truck Hour 8 $___________ $__________

3.4 Roller Compaction Mile 8 $___________ $__________

3.5* Roller Compaction Hour 8 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

3.1 Road Blading Mile 40 $___________ $__________

3.2* Road Blading Hour 15 $___________ $__________

3.3* Water Truck Hour 8 $___________ $__________

3.4 Roller Compaction Mile 8 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

3.1 Road Blading Mile 40 $___________ $__________

3.2* Road Blading Hour 15 $___________ $__________

3.3* Water Truck Hour 8 $___________ $__________

3.4 Roller Compaction Mile 8 $___________ $__________

Plains-Thompson Falls Ranger District

Item No. Description Pay

Unit

Estimated

Quantity** Unit Price Amount

4.1 Road Blading Mile 40 $___________ $__________

4.2* Road Blading Hour 15 $___________ $__________

4.3* Water Truck Hour 8 $___________ $__________

4.4 Roller Compaction Mile 4 $___________ $__________

4.5* Roller Compaction Hour 4 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

4.1 Road Blading Mile 40 $___________ $__________

4.2* Road Blading Hour 15 $___________ $__________

4.3* Water Truck Hour 8 $___________ $__________

4.4 Roller Compaction Mile 4 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

4.1 Road Blading Mile 40 $___________ $__________

4.2* Road Blading Hour 15 $___________ $__________

4.3* Water Truck Hour 8 $___________ $__________

4.4 Roller Compaction Mile 4 $___________ $__________

Superior Ranger District

Item No. Description Pay

Unit

Estimated

Quantity** Unit Price Amount

5.1 Road Blading Mile 40 $___________ $__________

5.2* Road Blading Hour 15 $___________ $__________

5.3* Water Truck Hour 16 $___________ $__________

5.4 Roller Compaction Mile 24 $___________ $__________

5.5* Roller Compaction Hour 20 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

5.1 Road Blading Mile 40 $___________ $__________

5.2* Road Blading Hour 15 $___________ $__________

5.3* Water Truck Hour 16 $___________ $__________

5.4 Roller Compaction Mile 24 $___________ $__________

Pay

Unit

Estimated

Quantity** Unit Price Amount

5.1 Road Blading Mile 40 $___________ $__________

5.2* Road Blading Hour 15 $___________ $__________

5.3* Water Truck Hour 16 $___________ $__________

5.4 Roller Compaction Mile 24 $___________ $__________

Offerors are requested to inform the Government regarding the maximum number of Districts they would accept in a contract offer:

“My offer is limited to a maximum of _______ Districts.

Schedule Notes

* Motor grader, roller and water truck may be used for blading roads issued on Task Orders with unique work on an hourly basis (rolling dips, roads requiring multiple passes to roll or blade, deep ruts, etc…).

This work will be described in each individual task order and authorized by the Contracting Officer. This additional work will be paid for at the hourly rate quoted. The hourly work does not alleviate the contractor from performing all of the specified requirements of the mileage work items identified within task orders.

**Estimated Quantities are the amounts estimated to be accomplished and are for the purpose of evaluating prices. Quantities are not guaranteed except as noted in AGAR 452.216-73 and the Ordering clauses.

Moving Equipment: Costs for mobilization and moves between job locations will be considered incidental to the ordered work, therefore the Contractor must consider this expense in the pricing.

Hourly Equipment: Task orders issued utilizing hourly line items will be issued on a firm fixed price basis, based on the amount of hours quoted by the vendor times the hours rate quoted in the base contract.

Site Visit: There is not a scheduled site visit. If you need more information, call Michael Lucas

(CO): (406) 329-3979. Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

II. WORK STATEMENT

A. Scope of Contract

The general scope of work pertaining to this agreement consists of performing annual road surface maintenance throughout the Lolo National Forest. Annual contract rates will be established for a three year period and work will be awarded on a per-district basis across each of the five districts within the

Lolo National Forest. Services procured under this solicitation shall be specified as Indefinite

Delivery/Indefinite Quantity contracts The Government will issue subsequent Task Orders as necessary to delineate and prescribe specific work to be accomplished.

This work is being solicited as a “performance-based” service contract. The term “performance-based” indicates the Contractor is responsible for achieving an end product.

B. Location

The sum of this work is located throughout the five Ranger Districts of the Lolo National Forest. However, work will be awarded and subsequently assigned on a per district basis. Detailed information regarding specific work locations within the pertinent district will be provided with the Task Orders. Task Orders will include specific descriptions, lists of roads, and appropriate maps for that Task Order.

No site visits are planned for this project.

C. Work Description

Road maintenance blading utilizes a motorized grader machine to perform fine grading operations, or

“blading”, on unpaved forest roads. Blading includes cutting, blending, spreading, reshaping, finishing, and compacting. Surface maintenance also includes drainage maintenance, ditch pulling or heeling, removal of slough/slide material, debris removal, and blow-down removal.

Road maintenance shall consist of reshaping and finish blading the roadbed, including shoulders and turnouts, to restore and maintain the original cross-section and grade of the road. Blading shall only occur when road moisture conditions are suitable to achieve satisfactory compaction.

The contractor shall be responsible for removing obstructions from the roadway as necessary to accomplish the work described above. The Contractor shall furnish everything necessary to fully complete the work. This includes, but is not limited to, mobilization, labor, equipment, supervision, transportation, operating supplies, and other incidentals

In addition to mileage based work, the motor grader, roller and water truck may also be utilized for blading additional roads with unique work on an hourly basis. This work will be described in each individual task order and authorized by the Contracting Officer. This additional work will be paid for at the hourly rate quoted. The hourly work does not alleviate the contractor from performing all of the specified requirements of the mileage work items identified within task orders.

Task orders issued utilizing hourly line items will be issued on a firm fixed price basis, based on the amount of hours quoted by the vendor times the hours rate quoted in the base contract.

III. TERMS AND REQUIREMENTS

A. Permits and Responsibilities

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The

Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

B. Existing Facilities

Any existing facilities, improvements, appurtenances, etc., that are damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government. This includes but it is not limited to items such as cattle guards, signs, sign posts, culverts, riprap, and other drainage structures.

A. Landscape Preservation

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 falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

Operation 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.). Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water 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.

Mechanized equipment shall not be operated in live streams without prior written approval by the

Contracting Officer.

B. Pollution and Erosion Control

During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations, including camps, parking areas, and equipment maintenance areas, shall be stored and collected in a sanitary manner and disposed of in a

State-approved sanitary landfill or as approved by the Contracting Officer.

Equipment shall be fueled away from perennial and intermittent streams, scoured channels, or any other live water source. Proper procedures shall be used when fueling to prevent overflow, leakage, or spills from fueling equipment.

C. Barricades, Warning Signs, and other Devices

The Contractor shall exercise due caution and care when operating to prevent undue conflict with public users of the roads.

The area being bladed at any one time shall not exceed a distance of 2 miles unless the distance between turnarounds for the grader are not available.

The Contractor shall operate all equipment with driving/operating lights and warning flashers or strobe on at all times to increase visibility.

The Contractor shall post warning signs on both ends of the sections being worked (grader and roller) to warn the road users of the work in progress. Signs shall be of size, number, and colors required in Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal

Highway Administration and applicable safety codes. Signs shall be located in advance of the operating area, and shall be moved as needed. 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.

D. Weed Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The equipment shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris, including excess grease, from the machine. The

Contractor shall request inspection of the equipment by the Contracting Officer and shall obtain the written approval of the CO prior moving the equipment to the jobsite (spring and fall). If the equipment is removed from the jobsite, unless moved directly between ranger districts on Lolo NF, the equipment shall be re-washed and re-inspected. This is considered incidental to the equipment rental sub item and no separate payment will be made.

E. Equipment Specifications

All equipment shall be in good mechanical and operating condition and be operated by competent operators experienced in the work.

The equipment to be used for blading shall be a diesel, tandem drive motor patrol, of at least 125HP and a

14’ moldboard. The motor patrol shall be equipped with flashers or warning strobe light and a reflectorized “Slow Moving” vehicle emblem.

The water truck shall have a watertight tank of between 3,000 and 4,500-gallon capacity, provide for uniform and controlled application of water without ponding or washing, and be able to maintain positive control of water from the driver’s position at all times.

Vibratory steel drum rollers shall have a minimum weight of 8 tons. The compactor shall be equipped with amplitude and frequency controls and specifically designed to compact the material on which it is used.

F. End Product Criteria

Satisfactorily completed work shall fulfill all of the following criteria:

Shall have been bladed shoulder to shoulder including areas with curve widening and turn outs.

Shall not undercut side slopes.

Shall have no ruts, slough, and/or other irregularities that prevent normal runoff.

Shall be free of berms, both sides, unless otherwise directed by the Contracting Officer’s

Representative (COR).

o Existing berms adjacent to and paralleling streams shall be left intact and repaired as needed.

Shall have surface template shaped in accordance with attached drawings of typical cross sections, unless otherwise specified by the COR.

o Contractor shall not be required to alter existing template cross slope by more than 2%.

Suitable surfacing or roadbed material shall not be side-cast.

Road surface shall be free of rock four inches or greater in diameter.

Shall have ruts/potholes cut out to the bottom of the defect.

Drain dips shall be cleaned and reshaped if necessary.

All ditches and lead-out ditches shall be free of obstructions and functioning properly.

G. Quality Control Plan

Contractor shall provide a Quality Control Plan that outlines a progress schedule and addresses all major points contained in the Quality Assurance Plan in the Attachments.

H. Quality Assurance Plan

See Quality Assurance Plan (Attachments) for full understanding of all tasks required and acceptable quality levels.

I. Inspection and Acceptance Requirements

The Government will inspect completed sections of road within 2 work days following Contractor’s notification of completion of the maintenance work.

Unacceptable work shall be redone at the Contractor’s expense.

J. Loss, Damage, or Destruction

The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of

Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

K. Contract Period

The contract period of this contract is from the date of contract award through March 31, 2021

Contract Year Start of Contract/Option Date Last Day of the Contract Period

2018 Award Date of Contract March 31, 2019

2019 April 1, 2019 March 31, 2020

2020 April 1, 2020 March 31, 2021

Task Orders may be issued by the Government at any time during the contract period. If the Contractor is awarded more than one District on the Schedule of Items, Task Orders may be individually issued for each District or may be issued for more than one District.

L. Contract Time and Required Rate of Progress.

The contract time and estimated start work date for each Task Order will be specified by the Contracting

Officer on the Task Order at the time the Task Order is issued to the Contractor. If the Contractor is issued a Task Order(s) for more than one item on the Schedule of Items with overlapping performance periods, contract time will run concurrently on those items. Contract time for individual Task Orders may extend past the last day of the total contract period. (Also see FAR Clause 52.216-22 Indefinite Quantity).

The Contracting Officer may issue a Notice To Proceed as soon as weather and ground conditions are favorable for work. The count of contract time for each Task Order will start on the date specified on the

Notice to Proceed.

The Contractor commence work and shall maintain progress at a rate which will assure completion of work within the calendar time specified.

Estimated Start Work Dates and Contract Time for Annual Spring Work.

It is anticipated that the Government will likely order annual spring work, the quantities of which are estimated on the Schedule of Items. The estimated start work dates and the contract time for this work for each year is as follows, unless otherwise agreed to by the Contracting Officer in writing:

District Approximate Start Date Contract Time (Calendar Days)

01 Lolo NF, Missoula RD April 10th 60-Calendar Days

02 Lolo NF, Nine mile RD April 10th 60-Calendar Days

03 Lolo NF, Seeley Lake RD May 10th 60-Calendar Days

04 Lolo NF, Plains/Thompson Falls RD May 10th 60-Calendar Days

05 Lolo NF, Superior RD May 10th 60-Calendar Days

Estimated Start Work Dates and Contract Time for Other Work Ordered Under the Contract. It is anticipated that the Government may order additional work other than the annual spring work, during the contract period.

Estimated Start Work Date for Other Work. The estimated start work date for each Task Order will be identified by the CO in each Task Order at the time it is issued by the Contracting Officer.

Although Task Orders may be placed by the Government at any time during the contract period, the most likely time for additional other work, if ordered, would be approximately late August to early September.

Contract Time for Other Work (hourly work). Unless otherwise agreed to by the Contracting Officer in writing, the Contracting Officer will determine contract time for hourly work by calculating the number of

10 hour days that would be necessary to accommodate the number of hours ordered, and then multiplying this by a factor of 1.10 and then rounding up to the nearest whole day. For example if the Government quotes 42 hours of grading work the contract time would be 5-calendar days:

[(42 hours/10 hours) * 1.10] = 4.62 calendar days. Rounded up to 5-calendar days.

Contract Time for Other Work (Mileage-Based). Unless otherwise agreed to by the Contracting Officer in writing, the Contracting Officer will determine contract time for mileage-based work at a rate of 1.10 calendar days of contract time for every 3 miles of work ordered and then rounding up to the nearest whole day. For example, if the Government orders 24 miles of road blading, the contract time would be 9-calendar days:

[(24 miles/3) * 1.10] = 8.80 calendar days. Rounded up to 9-calendar days.

M. Ordering Procedure.

The Contracting Officer/Purchasing Agent and/or any Contracting Officer/Purchasing Agent assigned to

Region 1 AQM, within the limits of their authority, may issue Task Orders to the Contractor. Order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing. Task Orders will be considered as being “issued” at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer/Purchasing Agent. If more than one method is used to place the order, the date of the earliest provable method will be the date of issue.

Each Task Order issued by the Government will include the following items:

Item

1. Task Order Cover Sheet

2. Location and description of specific work ordered by the Task Order

3. Estimated start work date and contract time for the Task Order (also see

Contract Time and Required Rate of Progress).

4. Project Maps

N. Measurement and Payment

Hourly Based Task Order will be issued on a firm fixed price basis, based on the vendors quoted hours.

Measurement (By-the-Mile). Road Maintenance will be measured in miles and the nearest tenths of miles along the road centerline of the entire roadway cross-section regardless of the number of passes required for a given length, and shall include only those sections of the roads which are included in the contract and included in accordance with the specifications. Measurement will be by the odometer of a Forest

Service vehicle. The odometer will be checked for accuracy and calibrated as necessary. Parking areas, turnouts, and approach road connections are considered as adjuncts to the main roads and shall not be measured separately.

O. Basis of Payment

Basis of Payment (By-the-Hour). Payment shall be made for accepted work.

Basis of Payment (By-the-Mile). Payment shall be made for completed and accepted mileage to the nearest tenth of a mile as stated in paragraph (b) above, at the contract unit price per mile for the applicable item, which price and payment shall constitute full compensation for all labor, equipment, tools, and incidentals necessary to complete the item.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

http://www.ipp.gov/

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items.

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572 after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

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

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

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

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

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

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

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375

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

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

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

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

(i) Payment.—

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

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

Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

Contractor shall—

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

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

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

(C) Affected line item or subline item, if applicable; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in

FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart

32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 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 contract award date through March 31, 2021.

(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.

AGAR 452.216-73 Minimum and Maximum Contract Amount (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $500.00 per contract, but not in excess of $300,000 for each District per year.

FAR 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, 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 $75,000;

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 7-calendar days that together call for quantities exceeding the limitation in subparagraph (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…