18Q0014_Blading_-__Road_Surfacing.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

898704

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

1205G118Q0014

6. SOLICITATION ISSUE

DATE

Feb. 10, 2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Cathy E. Van Alyne Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 509.684.7114

8. OFFER DUE DATE/

LOCAL TIME

March 12, 2018

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service Colville National Forest 765 South Main Colville, WA 99114

Quotes are due March 12, 2018 at 3:00 p.m.

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB

VETERAN-OWNED SMALL

BUSINESS 8(A)

NAICS Code 115310 Size Standard $7.5 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Colville National Forest 765 South Main Colville, WA 99114

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY As Identified per Indivdiual Task Order.

Invoice Office: Invoice Processing Platform (IPP). All invoices must be submitted electronically through the Invoice Processing Platform (IPP) via www.ipp.gov.

Payment Office is: USDA, OCFO, COD, APB.

P.O. Box 60075, New Orleans, LA 70160

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Road Surface Maintenance Services IDIQ

See attached Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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 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 ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN

29. AWARD OF CONTRACT: REFERENCE 1205G118Q0014 OFFER

DATED . YOUR OFFER ON SOLICITATION (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

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012)

Prescribed by GSA-FAR (48CFR 53.212

Road Surface Maintenance Services IDIQ 1205G118Q0014 Colville National Forest Page 2

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Road Surface Maintenance Services - IDIQ

Enter your prices on pages 3 through 6.

For information on what is required and how to submit your quote reference page 85.

On your sealed envelope or title of your e-mail please write 1205G118Q0014, due March 12, 2018.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

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

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

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.2/2012) BACK

Road Surface Maintenance Services - IDIQ 1205G118Q0014 Colville National Forest Page 3

PART I—THE SCHEDULE

SECTION B-- SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

ITEM NO. SUPPLIES/SERVICES EST. QTY UNIT UNIT

PRICE AMOUNT

A

Surface Maintenance Services

West Side

1A Base Year Ordering Period (Date of Award through February 28, 2019)

1.1 Mobliization 881(1) 1 LS $________ $___________

1.2 Surface Maintenance (Blading) 160 Mile $________ $___________

Option Items with Operator – Hourly Work as Needed

1.3 Grader 10 Hour $________ $___________

1.4 Water Truck 10 Hour $________ $___________

1.5 Dump Truck 10 Hour $________ $___________

1.6 Loader/Backhoe 10 Hour $________ $___________

1.7 Vibratory Roller 10 Hour $________ $___________

Total for Item 1A $___________

2A Option Year I Ordering Period (March 1, 2019 through February 29, 2020)

2.1 Mobliization 881(1) 1 LS $________ $___________

2.2 Surface Maintenance (Blading) 150 Mile $________ $___________

Option Items with Operator – Hourly Work as Needed

2.3 Grader 10 Hour $________ $___________

2.4 Water Truck 10 Hour $________ $___________

2.5 Dump Truck 10 Hour $________ $___________

2.6 Loader/Backhoe 10 Hour $________ $___________

2.7 Vibratory Roller 10 Hour $________ $___________

Total for Option Item 2A $___________

3A Option Year II Ordering Period (March 1, 2020 through February 28, 2021)

3.1 Mobliization 881(1) 1 LS $________ $___________

3.2 Surface Maintenance (Blading) 150 Mile $________ $___________

Option Items with Operator – Hourly Work as Needed

3.3 Grader 10 Hour $________ $___________

3.4 Water Truck 10 Hour $________ $___________

Road Surface Maintenance Services IDIQ 1205G118Q0014 Colville National Forest Page 4

3.5 Dump Truck 10 Hour $________ $___________

3.6 Loader/Backhoe 10 Hour $________ $___________

3.7 Vibratory Roller 10 Hour $________ $___________

Total for Option Item 3A $___________

Total for Item A – West Side $___________

West Side includes roads listed on the Three Rivers and Republic Ranger Districts.

This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) type contract. The quantities shown are estimates. Unit Prices will become the fixed unit prices for all future Task Orders issued against this IDIQ Contract.

Note: There maybe mutliple awards on an item.

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PART I—THE SCHEDULE Continued

SECTION B-- SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

ITEM NO. SUPPLIES/SERVICES EST. QTY UNIT UNIT

PRICE AMOUNT

B

Surface Maintenance Services

East Side

1B Base Year Ordering Period (Date of Award through February 28, 2019)

1.1 Mobliization 881(1) 1 LS $________ $___________

1.2 Surface Maintenance (Blading) 150 Mile $________ $___________

Option Items with Operator – Hourly Work as Needed

1.3 Grader 10 Hour $________ $___________

1.4 Water Truck 10 Hour $________ $___________

1.5 Dump Truck 10 Hour $________ $___________

1.6 Loader/Backhoe 10 Hour $________ $___________

1.7 Vibratory Roller 10 Hour $________ $___________

Total for Base Item 1B $___________

2B Option Year I Ordering Period (March 1, 2019 through February 29, 2020)

2.1 Mobliization 881(1) 1 LS $________ $___________

2.2 Surface Maintenance (Blading) 150 Mile $________ $___________

Option Items with Operator – Hourly Work as Needed

2.3 Grader 10 Hour $________ $___________

2.4 Water Truck 10 Hour $________ $___________

2.5 Dump Truck 10 Hour $________ $___________

2.6 Loader/Backhoe 10 Hour $________ $___________

2.7 Vibratory Roller 10 Hour $________ $___________

Total for Option Item 2B $___________

3B Option Year II Ordering Period (March 1, 2020 through February 28, 2021)

3.1 Mobliization 881(1) 1 LS $________ $___________

3.2 Surface Maintenance (Blading) 150 Mile $________ $___________

Option Items with Operator – Hourly

Road Surface Maintenance Services IDIQ 1205G118Q0014 Colville National Forest Page 6

Work as Needed

3.3 Grader 10 Hour $________ $___________

3.4 Water Truck 10 Hour $________ $___________

3.5 Dump Truck 10 Hour $________ $___________

3.6 Loader/Backhoe 10 Hour $________ $___________

3.7 Vibratory Roller 10 Hour $________ $___________

Total for Option Item 3B $___________

Total for Item B – West Side $___________

East Side includes roads listed on the Newport and Sullivan Lake Ranger Districts.

This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) type contract. The quantities shown are estimates. Unit Prices will become the fixed unit prices for all future Task Orders issued against this IDIQ Contract.

Note: There maybe mutliple awards on an item.

Total Quote (Items A + B) $___________

Note: Costs for moves between job locations is considered incidental to the ordered work;

therefore, the Contractor must consider this expense in their pricing.

Quoter’s Limitations

Quotes will not be accepted for less than a complete item.

Quoters may limit (or qualify) the number of items they wish to receives as follows:

My quote is limited to the following item(s):

Item A (East Side – Newport / Sullivan Lake Ranger Districts) ________ Item B (West Side – Three Rivers / Republic Ranger Districts) _______

I am interested in both items (Item A and Item B): _______

Signature of Quoter Telephone

Competitive HUBZone Set-Aside procurement.

This requirement is set-aside for HUBZone firms. All eligible and responsible HUBZone sources may submit a quote.

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Contract Type and Contract Period

This is a Fixed Price Indefinite – Delivery, Indefinite-Quantity (IDIQ) contract, which includes a base Period and two options to extend the term of the contract for two additional years for services specified. Reference FAR 52.216-18, FAR 52.216-19 and FAR 52.216-22.

The contract is intended to provide the Government flexibility to order road surface maintenance services as need arises and as funding is available. It is not possible to determine the actual requirements during the contract period; the Government cannot specify any definite quantity of services. Actual quantity and time frame when task orders (or work orders) will be placed will vary.

The Schedule is for the purpose of pricing task orders as well as the initial evaluation and negotiations of the contract. To evaluate offers for award purposes, the Government will apply the quoter’s proposed fixed –prices/rates to the estimated quantities included in the solicitation, and will add other direct costs if applicable.

While quantities are estimated, the Unit Price may become the fixed unit price for future Task Orders issued against the IDIQ Contract from:

Base Period: Date of Award through February 28, 2019.

Option Year 1: March 1, 2019 through February 29, 2020.

Option Year II: March 1, 2020 through February 28, 2021.

Periodically, the Contracting Officer may ask if the Contractors would like to reduce their unit prices on the schedule of items; the request will go to all Contractors awarded the contract.

Quoters must insert sub-unit prices on a item. If Quoters do not quote on all sub-units for an item, the Government may elect not to consider their quote.

Issuance of Task Orders

Work will be ordered by Firm-Fixed Price Task Orders (TO) at the unit prices listed on the Schedule of Items through the effective period. Concurrent Task Orders may be issued. In addition, based on the quoters limitation, they may receive orders on both areas or only one area.

The minimum guarantee for each contract holder is $2,500. The Government may award one to a maximum of 4 contracts (across the Forest) from this solicitation. Task Orders will be issued as work becomes available.

The estimated issue date of the first Task Order is May, 2018. Estimated start work dates and performance times will be identified on each Task Order. Task Orders may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

Road Surface Maintenance Services IDIQ 1205G118Q0014 Colville National Forest Page 8

Unit Price Adjustments in Option Periods.

This contract incorporates the Service Contract Act (SCA). The SCA Wage Determination incorporated in the Attachments of this contract is for the Base Year performance period only.

The latest Wage Determination available at the time for each option exercises will be incorporated in the contract and the unit prices will be adjusted in accordance with FAR Clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts). The Contractor warrants, by submission of his quote, that the price does not include any contingency for future wage increases.

Contractor's Hourly Wage Rate and Fringe Benefits

To enable the Contracting Officer to determine whether any future price adjustment shall be applicable under FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts). Contractor shall provide the following information:

A. Wage to be paid by Contractor:

Class Hourly Fringe Total Wages Employee Wage Benefits for Each Class

1._________________________________________________ 2._________________________________________________

B. Percent of unit bid price which represents wages _____.

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 $2,500 (for a total of all three years), but not in excess of the ceiling price.

AGAR 452.216-74 Ceiling Price (FEB 1988)

The ceiling price of this contract is $700,000 (for all three years); This price is an aggregate value of all orders combined regardless of whether there are 1 – 4 contract holders. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

System of Award Management Requirement

No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor’s Representations and Certification must be listed in the

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SAM database. Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.

Note: There is no fee to register and use this site.

During the contract, the Contractor must always have an active status in SAM during the life of this contract. Invoices will be paid using the financial information provided in the Contractor’s SAM profile. Failure to keep an active status may result in payment delays and other administration delays.

Funding

“Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.”

https://www.acquisition.gov/

Road Surface Maintenance Services IDIQ 1205G118Q0014 Colville National Forest Page 10

CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

FAR 52.212-4 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

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Contracting Officer in writing as soon as it is reasonably possible 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.

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

Road Surface Maintenance Services IDIQ 1205G118Q0014 Colville National Forest Page 12

(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, liquidations errors, date(s) of overpayment);

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

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

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(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 of amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer with 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.

(iv) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on -

(A) The date of 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.

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(vii) The interest charge mad 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.

(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.

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(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 Act; 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.

(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.

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(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.

(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 loss of liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the follow 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.

https://www.acquisition.gov/

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(iii) Any such clause is deemed to be stricken form 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.

Addendum To FAR 52.212-4

Addendum to 52.212-4(g), Invoice. 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 must register 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. The Contractor must also attach a detailed invoice in IPP.

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):

www.acquisition.gov www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (JAN 2017) (Applicable if contract is awarded to an individual) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.232-11 Extras (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.usda.gov/procurement/policy/agar.html

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52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work Order (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.244-6 Subcontracts for Commercial Items (NOV 2017) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-71 Insurance Coverage (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-75 Restrictions against Disclosure (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

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(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from date of award through February 28, 2019.

Note: This contract has two one-year options which may extend the effective period.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

A. The Government may extend the term of this contract by written notice to the Contractor within 7 days prior to the end of the effective date provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

B. If the Government exercises this option, the extended contract shall be considered to include this option clause.

C. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

Option Periods

Exercise of an option will result in the following contract modification:

The “Effective Period of the Contract” clause (AGAR 452.211-75) will be modified as follows:

Period Start Date End Date Option Period I March 1, 2019 February 29, 2020 Option Period II March 1, 2020 February 28, 2021

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FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days from the end of the effective period.

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989) (Applies to each task orders)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the task order performance period. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Basic Rate Per Hour

% of Pay for H & I

Paid Holidays

Paid Vacation

% of Pay for Retirement

GS-5

General Forestry Laborer

$13.87 Hr. 1/ 2/ 3/ 4/

GS-6 $15.46 Hr

GS-7

Forestry Technician

$17.18 Hr 1/ 2/ 3/ 4

1/ 5.1% of basic hourly rate.

2/ Ten paid holidays per year: New Year’s Day, Martin Luther King Day, Washington’s

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Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

3/ 13 days paid vacation for each year of service up to three years, 20 days after three years, 26 days after 15 years.

4/ 7% of basic hourly rate

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2018. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2018, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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:

Base Period: Date of contract award through February 28, 2019 Option Year I: March 1, 2019 through February 29, 2020 Option Year II: March 1, 2020 through February 28, 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 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.

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 $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

B. Maximum order. The Contractor is not obligated to honor --

1. Any order for a single item in excess of $250,000;

2. Any order for a combination of items in excess of $300,000; or

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3. A series of orders from the same ordering office within 21 days that together call for quantities exceeding the limitation in subparagraph 1. or 2. above.

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. above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

A. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

B. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

C. Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

D. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the performance period identified in the last individual task order issued within the effective period, unless otherwise mutually agreed.

Ordering for this Project

A. Services to be provided hereunder will be ordered by issuance of a written task order using form SF-1449 (Solicitation/Contract/Order for Commercial Items), OF-347 (Order for Supplies or Services); SF-30 (Contract Modifications) or other approved Contracting Officer form.

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Each task order will reference this contract and will be subject to all the terms and conditions herein. Each task order will contain the following information.

1. Task Order and Contract Number

2. Date of Order

3. Services, Quantity and Prices

4. Award Amount

5. Delivery Date

6. Delivery Location and Road Lists (road numbers, mile posts, and single or two lane road designation) and Vicinity Map.

7. Job Code(s)

B. Most task orders will be issued at the price awarded on this basic contract and shall be firm-fixed price. The Contractor may reduce their price on any task order.

C. The following individuals may place orders against this contract: Any Warranted Contracting Officer with proper delegated authority within Forest Service Region 6.

Revisions to Individual Project Task Orders Road Listing

Once a task order has been issued, the Government may revise the road listing. The Government may substitute a road for another road or deleted the road from the task order due to environmental changes, changes in Government’s priority or funding reasons.

Admininstration of Individual Project Task Ordrs

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project Task Orders placed under the contract, as if each Individual Project Task Order was a separate contract. The Contractor shall refer all questions to the Contracting Officer if clarification is needed regarding the application of contract clauses to Individual Project Task Orders.

Each Individual Project Task Order is separable to the extent that it will be initiated, performed, administered, completed, and closed independently.

1. Individual Project Task Orders may have separate Contracting Officers, Contracting

Officer’s Representatives, and Inspectors.

2. Individual Project Task Orders will have unique performance terms and notices to proceed.

3. Individual Project Task Orders will have separate payments.

Process for Requesting Individual Project Quotes and Awarding Task Orders

(a) After award of the IDIQ Contract, the Individual Project Task Order awards shall follow the process established in this section.

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(b) Task Order Packaging

These will be packaged with all necessary detailed requirements that supplement the basic contract, as required. Each Task Order award may include the following:

• OF 347 (Order for Supplies or Services) or the SF 1449 (Solicitation / Contract / Order for Commercial Items):

• TASK ORDER Schedule of Items

• Statement of Work – Project Scope and…