12034319R0009,_Road_and_Bridge_Construction_MATOC.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12034319R0009 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS NOT REQUIRED. Performance and Payment Bonds will be required as necessary for each task order. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

Offers Are Solicited For:

USDA/USFS Region 1, Northern Region Road and Bridge Construction Multiple-Award Task Order Contract (MATOC)

USDA/USFS/Region 1 Road and Bridge MATOC Solicitation 12034319R0009

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 6 - 7

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES 8 - 9

B- 1 - Schedule of Items B- 2 - Payment for Bond Premiums B- 3 - Additive or Deductive Items B- 4 - Minimum and Maximum Contract Amounts

SECTION C - DESCRIPTION/SPECIFICATIONS 10 - 13

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Project Magnitude C- 4 - Biobased Product Utilization C- 5 - Government-Furnished Property C- 6 - Standard Specifications C- 7 - Special Project Specifications C- 8 - Drawings

SECTION E - INSPECTION AND ACCEPTANCE 14

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 15

F- 1 - Clauses Incorporated by Reference F- 2 - Commencement, Prosecution, and Completion of Work F- 3 - Commencement, Prosecution, and Completion of Work Alternate I F- 4 - Opted Timber Sale Road Requirements F- 5 - Contract Period and Renewal Option F- 6 - Period of Performance F- 7 - Effective Period of the Contract

SECTION G – CONTRACT ADMINISTRATION DATA 16 - 17

G- 1 – Measurement and Payment G- 2 – Basis of Payment G- 3 – Invoice Processing Platform (IPP) G- 4 – Task Order Awards G- 5 – Task Order Award Procedures

SECTION H - SPECIAL CONTRACT REQUIREMENTS 18 - 24

H- 1 - Clauses Incorporated by Reference H- 2 - Use of Premises H- 3 - Physical Data H- 4 - Key Personnel H- 5 – Key Personnel AGAR H- 6 - Fire Control H- 7 - Loss, Damage, or Destruction

H- 8 - Incidental Payment Items H- 9 - Conformity with Drawings and Specifications H-10 - Local Material Sources H-11 - Samples, Tests, Cited Specifications H-12 - Barricades, Warning Signs, and Other Devices H-13 - Weed Free Equipment H-14 - Landscape Preservation H-15 - Contractor Performance Assessment Reporting System H-16 - Prework Conference H-17 - Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 25 - 45

I- 1 - Clauses Incorporated by Reference I- 2 - Ordering I- 3 - Order Limitations I- 4 - Indefinite Quantity I- 5 - Option to Extend the Term of the Contract I- 6 – Option to Extend Services I- 7 - Notice of Set-Aside of Orders I- 8 - Post Award Small Business Program Rerepresentation I- 9 - Paid Sick Leave Under Executive Order 13706 I-10 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I-11 - Estimate of Percentage of Recovered Material Content for EPA - Designated Products I-12 - Buy American--Construction Materials I-13 - Alternative Payment Protections I-14 - Performance and Payment Bonds - Construction I-15 - Alternative Forms of Security I-16 - Insurance Coverage Alternate I I-17 - Federal, State, and Local Taxes I-18 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I-19 - Permits and Responsibilities I-20 - Authorized Deviations in Clauses I-21 - Order of Precedence - Construction

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 45

J- 1 Attachment 1.0 Seed Project 1, Schedule of Items

J- 2 Attachment 1.1 Seed Project 1, Scope of Work J- 3 Attachment 1.2 Seed Project 1, Specifications J- 4 Attachment 1.3 Seed Project 1, Drawings J- 5 Attachment 1.4 Seed Project 1, Wage Determination J- 6 Attachment 2.0 Seed Project 2, Schedule of Items/Scope of Work J- 7 Attachment 2.1 Seed Project 2, Specifications J- 8 Attachment 2.2 Seed Project 2, Drawings J- 9 Attachment 2.3 Seed Project 2, Wage Determination J-10 Attachment 3.0 Seed Project 3, Schedule of Items/Scope of Work J-11 Attachment 3.1 Seed Project 3, Specifications J-12 Attachment 3.2 Seed Project 3, Drawings J-13 Attachment 3.3 Seed Project 3, Wage Determination J-14 Attachment 4.0 Seed Project 4, Schedule of Items

J-15 Attachment 4.1 Seed Project 4, Scope of Work J-16 Attachment 4.2 Seed Project 4, Specifications J-17 Attachment 4.3 Seed Project 4, Drawings J-18 Attachment 4.4 Seed Project 4, Wage Determination J-19 Attachment 5.0 Past Performance Questionnaire

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 46 - 52

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications

K- 2 - Incorporation by Reference of Representations and Certifications K- 3 - Information Regarding Responsibility Matters K- 4 - Violation of Arms Control Treaties or Agreements-Certification

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 53 - 61

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 - System for Award Management L- 3 - Inquiries

L- 4 - Facsimile Proposals and E-Mail Proposals L- 5 - Instructions for the Preparation of Technical and Business Proposals L- 6 - Amendments to Proposals L- 7 - Type of Contract L- 8 - Construction Wage Rate Requirements—Secondary Site of the Work L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L-10 - Notice of Buy American Requirements - Construction Materials L-11 - Service of Protest L-12 - Site Visit (Construction) L-13 - Preparation of Proposals – Construction L-14 - Pre-Bid/Pre-Proposal Conference

SECTION M - EVALUATION FACTORS FOR AWARD 62

M- 1 - Evaluation Criteria M- 2 - Award Statement

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034319R0009

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

1 62

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA - Forest Service Region 1, Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

USDA - Forest Service Region 1, Acquisition Management Attention: Chad Santone, Contracting Officer 24 Fort Missoula Road Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME Chad Santone, Contracting Officer

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) 406-329-3745, chad.santone@usda.gov

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

(Title, identifying number, date):

USDA/USFS Region 1, Northern Region Road and Bridge Construction Multiple-Award Task Order Contract

(MATOC)

11. The Contractor shall begin performance as specified for each task order. (See Section F, Clause 52.211-10)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12b.)

YES, per task order instructions NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 3:00 PM MT, August 7, 2019. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required. (If “is required” see AGAR Clause 452.228-70)

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NUMBER (Include area code)

Duns No. _________________ TIN: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

20a. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or print)

20b. SIGNATURE

20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

USDA – Forest Service Region 1, Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

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.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

http://www.ipp.gov/

SECTION B - SUPPLIES OR SERVICES AND PRICES

B- 1 Schedule of Items

Base Year and four Option Years for Road and Bridge Construction Services within the Region 1, Northern Region states to include: Idaho, Montana, North Dakota and South Dakota and any adjoining state.

Contract Line Item Number (CLIN) 0001

Base Period: One year (12 months) from the award date. (specifc dates will be set at time of award) FFP, IDIQ MATOC for Road and Bridge Construction Services.

CLIN 0002

Option 1: One year (12 months) from the completion date of Base Period. (specifc dates will be set at time of award)

CLIN 0003

Option 2: One year (12 months) from the completion date of Option 1. (specifc dates will be set at time of award)

CLIN 0004

Option 3: One year (12 months) from the completion date of Option 2. (specifc dates will be

CLIN 0005

Option 4: One year (12 months) from the completion date of Option 3. (specifc dates will be

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B- 3 AGAR 452.236-70 Additive or Deductive Items (FEB 1988)

The low bidder, for purposes of award, shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped, and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000 and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.

B- 4 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $1,500.00, but not in excess of $20,000,000.00 per contract awarded.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Work

The USDA, US Forest Service, Northern Region (R1) intends to make multiple awards for 5-year Indefinite Delivery Indefinite Quantity multiple-award task order contracts for road and bridge construction and related services. The work may include, but not be limited to the following types:

a. Road: Work includes repair and construction of native surface, gravel or paved roads; and road repair and reconstruction due to damage from human or natural causes.

b. Road decommissioning: Work includes de-compaction, partial or full re-contour to restore the roadway to a hydrological stable condition; removal of drainage structures and associated fill to restore site to natural contour; work may include excavation of stream channels without drainage structures; installation of gradient control devices in channels or sediment basins; seeding, fertilizing and mulching; and the construction of waterbars.

c. Bridge: Work includes repair, removal, disposal and construction of steel, concrete, and timber road bridges; reconstruction of approaches; and related stream work within the project area.

d. Trail Bridge: Work includes construction or reconstruction of bridge. Site will be accessible from National Forest system or other public roads. Site will be located near trailheads readily accessible by conventional road building equipment.

e. Culverts, Aquatic Passage Structures, and Ancillary Structures: Work includes road structures for aquatic passages, bottomless arches, small bridges, retaining walls, and cattle guards that are part of National Forest roads.

f. Related work includes signs; guardrails; closure devices such as gates, cattle guards, fences;

stream grade; alignment control; and scour protection.

g. Maintenance, stream work, or campground work that is associated with the primary work is included. Examples are maintaining roads in the project area to prevent rutting, dust control, maintaining drain structures, road and spur improvements in campground, and restoring stream channel within the project area.

These services may be required across all Region 1 Forests and Grasslands and on Forest Service management units in states that border Region 1. This may include Forests and Grasslands in the following states: Montana, Idaho, North Dakota, South Dakota or any adjoining states. Region 1 Forests and Grasslands include: Beaverhead – Deerlodge, Bitterroot, Idaho Panhandle, Flathead, Custer Gallatin, Kootenai, Helena – Lewis & Clark, Lolo, Nez Perce – Clearwater, and Dakota Prairie Grasslands.

C- 2 Project Location

Each Task order will identify a project specific location. Work may be performed at any location stated in C-1.

C- 3 Project Magnitude

The maximum award amount for this contract, to include all orders issued under it, shall be $20,000,000.00.

Price ranges shall be established for each individual task order as they are issued.

C- 4 Biobased Product Utilization

The following clause shall be incorporated into each individual task order as applicable and completed.

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

(*Sample of biobased products for construction projects)

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings

(*Sample of biobased products for building mtce – light construction projects (Operations and Maintenance)

Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers Fertilizers Roof Coatings Water Tank Coatings Adhesive and Mastic Removers Cleaners Sorbents Floor Finish Floor Stripper Composite Panels Insulating Foam Sealers Carpet Metalworking Fluids Graffiti and Grease Removers Stain Removers Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to http://www.biopreferred.gov/ be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of Technical and Business Proposals).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C- 5 Government-furnished Property

The use of Government-furnished property shall be stated in each individual task order as applicable.

C- 6 Standard Specifications

"Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects" (FP-03, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm.

http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm

“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” (FP-14) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARMENT OF TRANSPORTATION Federal Highways Administration website at: http://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf.

C- 7 Special Project Specifications

Project specifications applicable to individual task orders shall be provided with the task order solicitation.

C- 8 Drawings

Drawings applicable to individual task orders shall be provided with the task order solicitation.

http://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996) http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

F- 3 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984)

F- 4 AGAR 452.236-79 Opted Timber Sale Road Requirements (NOV 1996)

This contract is for the construction of timber sale road(s), which a timber purchaser has opted to have the Government construct. The Government is obligated to make these roads available to the timber purchaser by *_________________. Failure to make these roads available by this date could result in Government liability for delay to the timber purchaser for which the Contractor might become liable should the Contractor fail to complete this contract within the specified and allowed contract time.

F- 5 Contract Period and Renewal Option

Base Period is 12 months after award date.

Option year 1 is 12 months after completion of base period.

Option year 2 is 12 months after completion of option year 1.

Option year 3 is 12 month after completion of option year 2.

Option year 4 is 12 months after completion of option year 3.

Specific dates will be established at time of award.

F- 6 AGAR 452.211.74 Period of Performance (FEB 1988) As applicable to task orders

The period of performance of this contract is from *___________________ through *_______________.

F- 7 AGAR 452.211-75 Effective Period of the Contract (FEB 1988) As applicable to task orders

The effective period of this contract is from *_____________________ through *__________________.

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Measurement and Payment

Shall be based on each individual task order.

G- 2 Basis of Payment

Shall be based on each individual task order.

G- 3 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.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

G-4 Task Order Awards

Task orders may be issued and administered by any individual within the USDA within the limits granted to them by their contracting officer’s warrant.

G-5 Task Order Award Procedures

1. This contact is awarded as a multiple award task order contract (MATOC), as such, each task order shall be competed amongst all contract holders. Task order solicitation shall be issued electronically via email. It is the MATOC awardees responsibility to ensure they receive the task orders solicitation and provide a prompt response. The government shall not be responsible for a MATOC awardee not being able to receive an electronically issued solicitation or a resulting task order.

2. In accordance with FAR 16.505 all awardees shall receive a fair opportunity to be considered for each order unless an exception to fair opportunity exists.

3. In the event that an awardee cannot submit an offer in response to a task order solicitation; the awardee shall notify the issuing contracting officer as to the business reason why a response was not submitted. While no mandatory requirement exists for the submission of a task order solicitation response, firms consistently declining to submit a response or failing to notify the CO as to the business reason why a response was not provided risk not having their option year exercised.

http://www.ipp.gov/

4. Some task orders may require clause coverage not included in the parent contract or may include clauses which require information to be filled-in at time of task order award. Such clauses shall be included in the task orders either by reference or in full text.

5. Contracting Officers have broad discretion to draft task order solicitations as neccessary.

Contracting Officers shall ensure that the task order solicitation includes all documents or at a minimum the location of documents (if located online) required for the vendor to compile an accurate response to the issued solicitation. Task order solicitations shall include at a minimum any required clauses, a detailed description of the work to be performed, to include drawings and specifications if applicable, and a reference to the applicable Wage Determination. Wage Determinations may be found at: https://beta.sam.gov/.

6. Task Orders may be awarded based on price only. However, when deemed necessary by the Government, non-price factors may be considered for basis of award. Task order solicitations shall clearly state the basis of award.

https://beta.sam.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H- 3 FAR 52.236-4 Physical Data (APR 1984)

H- 4 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer:

Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H- 5 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: *_________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 6 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. As specified in the individual task orders the government may require:

The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires.

The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 7 Loss, Damage, or Destruction

(a) Equipment furnished with operator. 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.

H- 8 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 9 Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 10 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H-11 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-12 Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-13 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 following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area.

All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-14 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 falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) 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.

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