Road Construction for Alaska Solicitation 1240BJ22R0003.pdf

U.S. Department of Agriculture Forest Service

Northwest Zone

REQUEST FOR PROPOSAL

Road Construction for Alaska Multiple Award Task Order Contract Solicitation # 1240BJ22R0003

UNIFORM CONTRACT FORMAT

SECTION A

Solicitation and Contract Form

SECTION B

Price Schedule

SECTION C

Statement of Work

SECTION D

Packaging and Marking

SECTION E

Inspection and Acceptance

SECTION F

Deliveries or Performance

SECTION G

Contract Administration Data

SECTION H

Special Contract Requirements

SECTION I

Contract Clauses

SECTION J

List of Attachments

SECTION K

Representations and Certifications

SECTION L

Instructions to Offerors

SECTION M

Evaluation Factors for Award

NOTES:

1. Sections A through J and certain attachments listed in Section J will be a part of the contract.

2. Section K, Offerors’ representation and certifications, will be a part of the contract by reference through the successful offeror’s SAM.gov profile.

3. Sections L and M are included in the solicitation only and will not be made a part of the contract.

4. All amendments to the solicitation are made part of the contract by reference.

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

TONGASS NF PETERSBURG OFFICE

P O BOX 309

PETERSBURG AK 99833

LOYD CHILDS 817-682-8825

1x 07/18/2022

1240BJ22R0003

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

08/26/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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 in writing 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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240BJ22R0003

Period of Performance: 10/01/2022 to 10/01/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B

Price Schedule

Drainage Structure Installation, Replacement or Removal Unit Prices

Items 01-12 Subject to Construction Wage Act

Item Description Unit

Qty of 1 Year 1

01 835(5) Waterbar Installation Each $

602(01-18) 18 Inch Diameter Culvert Pipe, Contractor Furnish & Install

Linear Foot

602(01-24) 24 Inch Diameter Culvert Pipe, Contractor Furnish & Install

Linear Foot

602(01-36) 36 Inch Diameter Culvert Pipe, Contractor Furnish & Install

Linear Foot

602(01-48) 48 Inch Diameter Culvert Pipe, Contractor Furnish & Install

Linear Foot

602(01-60) 60 Inch Diameter Culvert Pipe, Contractor Furnish & Install

Linear Foot

602(01-72) 72 Inch Diameter Culvert Pipe, Contractor Furnish & Install

Linear Foot

602(02-18) 18 Inch Diameter Culvert Pipe, Install Gov’t Furnished

Linear Foot

602(02-24) 24 Inch Diameter Culvert Pipe, Install Gov’t Furnished

Linear Foot

602(02-36) 36 Inch Diameter Culvert Pipe, Install Gov’t Furnished

Linear Foot

602(02-48) 48 Inch Diameter Culvert Pipe, Install Gov’t Furnished

Linear Foot

602(02-60) 60 Inch Diameter Culvert Pipe, Install Gov’t Furnished

Linear Foot

602(02-72) 72 Inch Diameter Culvert Pipe, Install Gov’t Furnished

Linear Foot

572(01) Construct Native Log Culvert, Logs Available Less Than 5 Miles from Site

Linear Foot

Drainage Structure Installation, Replacement or Removal

Unit Prices

Items 15-23 Subject to Construction Wage Act

Item Description Unit

Qty of 1 Year 1

572(02) Construct Native Log Stringer Bridge, Logs Available Less Than 5 Miles from Site

Linear Foot

203(01) Log Stringer Bridge Removal

Each

833(2) Culvert Removal, 18-36 Inch Diameter

Each

833(2) Culvert Removal, 48 Inch Diameter Pipe & Larger

Each

557(04) Gov’t Furnished Glulam Slab Bridge up to 40 ft Install

Each

571(01) Gov’t Furnished Modular Bridge up to 60 ft Install

Each

571(02) Gov’t Furnished Modular Bridge up to 80 ft Install

Each

571(03) Gov’t Furnished Modular Bridge up to 100 ft Install

Each

571(04) Gov’t Furnished Modular Bridge up to 120 ft Install

Each

B.1 Rates shall include application of all labor burdens (fringe, taxes, and insurance), overhead, G&A, and profit.

B.2 Do not include mobilization in this price schedule. Mobilization may be added on a task order basis.

Trail Construction Unit Prices Items 24-39 Subject to Construction Wage Act

Item Description Unit

Qty of 1 Year 1

912(01) Trail Clearing & Grubbing

Acre

25 912(10) Trail Brush Cutting Mile

26 912(13) Logging Out Mile

913(02) Aggregate Surfacing, Grading A, Compaction A

Cubic Yard

913(06) Base Course, Grading A, Compaction A

Cubic Yard

29 917(01) Ford Construction Each

921(01) 12” Corrugated Plastic Pipe, Type B

Lineal Foot

31 921(15) Culvert Maintenance Each

32 922(01) Rock Waterbar Each

33 922(03) Waterbar Maintenance Each

34 925(04) Ditch Maintenance Lineal Foot

35 927(01) Construct Drain Dip Each

932(01) Construct Turnpike, Type 1

Lineal Foot

37 936(01) Stairway, Type Staircase Lineal Foot

938(01) Construct Boardwalk, Type Standard

Lineal Foot

220(07) OHV Trail Reconditioning

Mile

B.3 IDIQ Zone Coverage: Contractor will select the following Zone(s) in which they can effectively execute projects. Zone maps are included in Section J.

Zone No.

Description National Forest

Contractor Selection

1 Ketchikan Misty-Fjords Ranger District Tongass NF 2 Prince of Wales Island Ranger District Tongass NF 3 Wrangell Ranger District Tongass NF 4 Petersburg Ranger District Tongass NF 5 Sitka Ranger District Tongass NF 6 Hoonah Ranger District Tongass NF 7 Juneau Ranger District Tongass NF 8 Yakutat Ranger District Tongass NF 9 Cordova Ranger District Chugach NF

10 Seward and Glacier Ranger Districts Chugach NF

SECTION C

Statement of Work

The scope of this Multiple Award Task Order Contract (MATOC) includes, but is not limited to, the following types of highway, street, trail, and bridge construction. The work performed may include new work, additions, alterations, maintenance, and repairs.

Road Construction:

New road construction Road reconstruction/restoration Other roadbed construction (turnouts, trail head construction, roadside recreation sites) Road decommissioning Construction of steel, concrete, and timber road bridges Trail bridges, trail construction, and other trail related work Culverts, aquatic organism passage structures, and ancillary structures Erosion control-type work for roads, stream banks, and lake shore erosion Other requirements cited under Divisions 100 through 700 of the FP-14 The major categories of work activities required by the contract include clearing, earthwork, structural embankments, drainage structures, pit/quarry development, aggregate crushing, road base and surfacing, road structure demolition, road structure construction, retaining walls, and bridge construction and road obliteration (decommissioning) emergency road reconstruction

In carrying out work issued as task orders under the awarded MATOC, the contractor shall furnish the personnel, equipment, tools, materials, vehicles, facilities, supervision and other items and services necessary for, or incidental to, the performance of work set forth in the task order’s Scope/Statement of Work. The Contractor shall assume all risk, loss, damage, or expense arising out of the performance of the work, except as otherwise provided in the contract.

Contractor personnel shall possess appropriate certifications and training to accomplish the required work as specified in individual task orders.

Individual Projects will be packaged with the project-specific details that supplement the standard specifications and terms of the basic contract. These Individual Project requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government furnished facilities, or government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific Individual Project.

INDIVIDUAL PROJECT LOCATION

Requirements shall be carried out as specified in the individual task orders at locations within Alaska (AK). The area covered by this contract includes all National Forests in Alaska.

Locations include the Chugach National Forest in south central Alaska, and the Tongass National Forest in south east Alaska. Individual Projects may include road construction and incidental road maintenance work in remote areas that are not connected to a mainland road system, and can only be accessed via barge and offload points located at Marine Access Facilities (MAF) or by rail on the Chugach National Forest, as shown on each Individual Project Map.

Administrative sites, recreation sites and other developed sites associated with these National

Forests are included. Work could include work on privately owned adjoining lands or adjoining federal lands managed by other federal agencies.

FEDERAL HIGHWAY ADMINISTRATION STANDARD SPECIFICATIONS FOR

CONSTRUCTION OF ROADS AND BRIDGES

The Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 Customary Units 2014 and Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 Metric Units 2014 or newer Forest Service approved editions, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Delete any reference to Department of Transportation Acquisition Regulations (TAR) wherever shown.

SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

The standard specifications that apply will be identified with Individual Projects. A Specification List and the actual Special Project or Supplemental Project Specifications will be included.

Section 100 through 149 of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) and all other Standard or supplemental specifications shown in the Specification Listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

Supplemental Specifications refine, revise, and add to the requirements stated in the Standard Specifications, either FP-14 or “800” series, and shall be included at the Task Order level when appropriate.

The Standard Specifications and Supplemental Specifications must be read as a whole to gain a full understanding of the work required. In the case of discrepancies, however, between these specifications, the Supplemental Specifications will take precedence over the Standard Specifications.

SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of contractor, subcontractor, supplier and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the Specification or task order.

PRODUCTS SAMPLES AND/OR SUBMITTALS

The following submittals, shop drawings, material certifications and/or testing reports are required. Where this information is specific to an Individual Project Task Order it shall be prepared and provided specifically for that Task Order:

Title Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

Traffic Control Plan Standard specifications 7 days Safety Plan, including Blasting Plan where applicable

Accident Prevention clause

[FAR 52.236-13]

N/A

Engineered Spill Prevention Plan

Landscape Preservation and Hazardous Materials clause in section H

5 days

Proposed Progress Schedule

Schedules for Construction Contracts [FAR 52.236-15]

N/A

Drug Free Workplace Policy

Drug-Free Workplace

[FAR 52.223-6]

N/A

SF1413 - Statement and Acknowledgement for each Subcontractor including Owner/Operators and other Sole Proprietorship Subcontractors [not required for material suppliers]

Subcontracts (Labor Standards) [FAR 52.236-11]

N/A

Payroll Record WH347 Certified Payrolls submitted weekly

Payrolls and Basic Records

[FAR 52.222-8]

N/A

Erosion Control Plan As required by Specifications 7 days

SHOP DRAWINGS

Title Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

Shop Drawings As required by Specifications 7 days

MATERIAL CERTIFICATIONS AND TESTING REPORTS

Title Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

Product and Material Certifications and Literature

As required by Specifications 7 days

BIO-PREFERRED PROGRAM REQUIREMENTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) 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 Representative

(COR).

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

Hydraulic fluids

Insulating foam

Sealers

Penetrating lubricants

Dust suppressants

Metalworking fluids

Gear lubricants

2-cycle engine oil

Graffiti and grease removers

Pneumatic equipment lubricants

Wood and concrete sealers

Degreasers

Concrete and asphalt release fluids

Fertilizers

De-icers

Absorbents

Adhesive and mastic removers

Fuel conditioners

Diesel fuel additives

Cleaners

Gasoline fuel additives

Greases

Sorbents

Safety equipment (protective helmets)

Asphalt restorers

Asphalt/tar removers

Erosion control

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.

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 comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

APPLICABILITY OF THE CONSTRUCTION WAGE RATES REQUIREMENTS

STATUTE (CWRRS)

The Contractor is responsible for compliance Construction Wage Rates Requirements Statute (CWRRS, previously called Davis-Bacon Act). The Department of Labor (DOL) is responsible for enforcement of the CWRRS. Contractor shall contact the DOL to resolve any questions concerning the applicability of the CWRRS. The DOL has provided the Forest Service with the following guidelines concerning road maintenance activities. Note: This is not an all-inclusive list. The work to be performed under this IDIQ includes but is not limited to:

1. The CWRRS applies to the following typical activities:

a. Patching of asphalt or other pavements;

b. Replacing culverts;

c. Striping pavements;

d. Rehabilitation/recycling pavements;

e. Fog or chip sealing;

f. Major slump/slide removal;

g. Bridge maintenance; and

h. Aggregate surfacing, except minor spot surfacing.

i. Damaged road repair.

j. Trail maintenance and construction.

2. The following is also considered construction work:

Surveying/Staking of Work Activities, signing (traffic control and new sign installation);

Clearing; Earthwork and realignment; Drainage (surface, subsurface, drain dips, corrugated metal pipe, under drains, etc.); Aquatic Organism Passage Work activities (small bridges or prefabricated structures, etc.); Aggregate Placement (base, surface, pit-run, riprap, etc.); Erosion Control (some erosion control such as seeding may be a service work activity; Shoulder, cut and fill slope reconstruction; Asphalt Placement, Asphalt Restoration (grinding, overlays, pothole patching, skin patching, crack sealing, chip sealing (some activities may be service work activity for supply/install), etc.); Cut/Fill Slope Stabilization; Aquatic Organism Passage Construction;

Cattle guard Installation; Installing Closure Devices (gates, earthen barriers, guardrails, etc.);

Fence and Gate construction; Burned Area Emergency Response (BAER), Fire Suppression Rehabilitation.

AVAILABILITY AND USE OF UTILITY SERVICES

Unless otherwise indicated in Task Orders, government-furnished utilities are not available to the Contractor on the project. Sites are commonly remote and electricity and potable water may not be available.

LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the areas designated in contract documents, and prevent the depositing of excavated materials or other debris outside of these limits. Damage to vegetation or structures outside the designated areas shall be repaired as directed by the Contracting Officer.

(b) Erosion Control. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Pollutants such as fuels, lubricants, raw sewage, and other harmful materials shall not be discharged onto the ground, into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

Contractor shall submit an Erosion Control Plan identifying the nature of materials to be used and procedures for installing temporary erosion control devices. Install and maintain erosion control devices prior to and throughout construction and until permanent erosion control measures identified in Specifications and on Drawings are completed.

(c) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil products on site, appropriate preventative measures shall be taken to ensure that any spill of such oil or oil products does not enter any streams or other waters of the United States or of any individual states.

Servicing of all equipment shall be done only in the area approved by the CO.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such a plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered Engineer.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(d) Trash and Refuse - Contractor shall remove all of their own trash and refuse from the contract area. This material must be removed to a State, County or Municipality - designated solid waste disposal area.

(e) "Before You Dig" - Contractor is responsible for locating existing utilities prior to digging.

(f) On-site work shall not incorporate straw, hay, or other items that may contain noxious weeds or seeds. Straw may be used only if certified to be weed free.

OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

PROTECTION OF IMPROVEMENTS

Unless otherwise agreed to in writing, the Contractor shall remove the existing traffic signs within the work area and reinstall to their approximate existing locations.

SPECIAL BLASTING TECHNIQUES

Government observations and appraisal indicate that the materials in the designated source require specialized blasting techniques in order to reduce the material to a size commensurate with the jaw limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

FINAL CLEANUP

Contractor shall remove and dispose of all of its own trash and refuse from the contract area.

Material to be removed includes, but is not limited to, camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the road construction, all stakes, old culverts, flagging and similar debris within the project area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and Local disposal requirements.

PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1969 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by the Forest Service.

Forest Service may unilaterally modify, or cancel, this contract to protect an area, object of antiquity, artifact or similar object which is, or may be, entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect (for each Individual Project Task Order the Contracting Officer will specify items for protection) all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destructions, obliteration, removal or damage during Contractor’s Operations. In accordance with 36 CFR 296.14(c), the Contractor shall bear costs of restoration, provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas, except on roads.

Unless agreed otherwise, trees will not be felled into such areas.

PROTECTION OF HABITAT OF ENDANGERED, THREATENED AND

SENSITIVE SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows: (For each Individual Project Task Order, the Contracting Officer will specify items or locations for protection.)

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as federally threatened or endangered, or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

TRAFFIC CONTROL

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, flagman 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 Administrations and applicable safety codes.

The contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings.

CONTRACTOR'S USE OF EXISTING ROADS

Unless stated otherwise at the Individual Project Task Order level, the contractor is authorized to use roads in the immediate construction project area for performance of work under this contract.

The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and Borough Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

LOAD LIMITS

All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over width permits. Forest Service overload permit applications for this project may be obtained from the COR.

NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds into the National Forests, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use, as well as on road use, whether they are owned, leased, or borrowed by the Contractor or subcontractor.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands. The Contractor shall use the Equipment Cleaning Inspection and Verification Form provided by the CO to document equipment compliance.

(e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Do not deliver equipment and vehicles to the project until after inspection and approval.

(f) Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site or re-enter the National Forest.

SECTION D

Packaging and Marking

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E

Inspection and Acceptance

Clauses in By Reference

52.246-12 Inspection of Construction (AUG 1996)

SECTION F

Deliveries or Performance

Clauses in by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within TBD at Task Order Level calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than TBD at Task Order Level. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Alternate I (APR 1984)

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by TBD at Task Order Level. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of TBD at Task Order Level for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Clauses in by Reference

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

SECTION G

Contract Administration Data

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Alfort Belin Chief, Procurement Policy Branch 707-562-9107 alfort.belin@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

1.0 INDEFINITE-QUANTITY, INDEFINITE-DELIVERY (IDIQ) MULTIPLE-AWARD

CONTRACTS (MATOCs)

1.1 Performance shall be authorized only by issuance of a task order by any USDA Forest Service Contracting Officer acting within their warrant level. No work will be performed prior to receiving a written and signed notice by the Contracting Officer in the form of a task order (unless verbal notice if given solely at the discretion and by the Contracting Officer). Task orders may be issued by the Contracting Officer electronically via e-mail. The effective date of the task order will be the date signed by the Contracting Officer.

1.2 There is no limit on the number of task orders that may be issued except that a task order may not be issued over the MATOC shared ceiling capacity of $25 Million. The Government may issue simultaneous task orders requiring performance at multiple locations.

1.3 Modifications that increase the scope of task orders must be issued within the task order performance period; however, the performance period of the task order may extend beyond the

IDIQ contract ordering period. The Contractor shall complete all work described in the Scope of Work for each task order within the performance period of each task order.

1.4 Task orders will be issued only as firm-fixed-price (FFP).

1.5 In the event of any inconsistency between the contract and any task order, the terms and conditions of the contract shall govern.

2.0 FAIR OPPORTUNITY

2.1 More than one contract is being awarded for the same work in this procurement. In accordance with FAR 16.505 all awardees under a MATOC will be given a fair opportunity to be considered for each task order in excess of the micro purchase threshold, unless the CO determines past performance makes the contractor ineligible or a sole source action is justified.

In determining eligibility to compete, the Contracting Officer will consider such factors as present and past performance on task orders under the MATOC contract, quality, timeliness, special expertise, or other factors the Contracting Officer determines are relevant to the award of a particular task order. Failure to prosecute the work diligently on task orders may be cause for the Contracting Officer to determine a contractor ineligible to compete on future RFPs.

2.2 In accordance with FAR 16.505, awardees need not be given an opportunity to be considered for a particular order if the Contracting Officer determines that: a) the agency need is of such urgency that providing such opportunity would result in unacceptable delays; b) Only one contractor is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized; c) the order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original task order; d) it is necessary to place an order to satisfy a minimum guarantee; e) for orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source; and f) Contracting Officers at their discretion may set-aside orders for any of the small business concerns.

The contractor shall then provide a proposal to include a cost breakdown. Fair and reasonable pricing needs to be determined or the Government may either cancel the task order project or call the contractor into negotiations.

2.3 If the Contracting Officer determines that an exception to fair opportunity applies and a proposal is requested from only one contractor, the proposal shall include a detailed breakdown of all items and associated costs anticipated during execution of the tasks involved and certified cost or pricing data provided on task orders priced over the FAR 15.403-4(a)(1) threshold.

3.0 ORDERING PROCEDURES:

As the needs of the Government are determined, the Task Order Contracting Officer will notify the Contractor(s) of a pending requirement.

3.1 A Request for Proposal (RFP) (to include the scope of work and any site specific task order Special Contract Requirements for submission with the Contractor's proposal documents) will be issued per task order. The Contractor(s) shall then prepare and submit a technical and price proposal for accomplishing the work requested for the task order or modification. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers. The Government may or may not schedule a joint site visit for task orders.

3.2 The time set for the receipt of proposal(s) for each task order or modification will be identified in each Request for Proposal. Failure to submit a timely proposal may result in elimination of the proposal from consideration for the task order. Contractors are not required to submit a proposal for each Task Order. The contractor must decline a project by written notice that states the reason for declining to the Contracting Officer within two (2) business days before the proposal due date and time. MATOC contractors who do not propose on three or more projects or do not respond with an explanation on why they’re not proposing within a twelve-month period will be reviewed and may be removed from the list of eligible offerors for task orders by determination of the Contracting Officer.

3.3 Basis of Task Order Award: Task orders will either be awarded on the basis of best value trade off, lowest priced technically acceptable, price only evaluation, or another method as specified in the task order RFP. The proposal provided by the Contractor(s) shall meet the requirements specified in the task order RFP. Whenever possible, award will be made without discussions. The Government reserves the right to reject all offers.

3.4 Upon receipt of the Contractor proposal(s), the Government will review the proposal(s) documents for adequacy and completeness.

3.5 For competed task orders, the Government will evaluate the contractor’s technical proposal and price and select the contractor that offers the best value to the government based on the selection criteria stated in the task order RFP. Note: if only one proposal is received, additional price breakdown may be requested from the offeror and the order negotiated as though it was a sole source.

3.6 For tasks orders solicited under an exception to fair opportunity, the Government will negotiate (if necessary) with the Contractor regarding the proposed effort, price, and any necessary site-specific requirements.

3.7 Past performance on previous task orders shall be considered in all task order proposal evaluation, both tradeoff and LPTA processes.

3.8 Task orders will be issued by the Contracting Officer. Each task order will include the following information as a minimum:

Task Order Format. Task order documents may follow the format set forth below:

Section Content A Notice to Offerors A SF 1442, Solicitation, Offer and Award B Schedule of Items C Statement of Work E Inspection and Acceptance F Deliveries or Performance G Administration Data H Special Requirements I Clauses and Provisions (see Note below) J List of Attachments

• Construction Wage Rates

• Area Maps

• Project Plans

• Specifications

Note: The TO-RFP may include additional clauses/provisions to meet the specific requirements of the Task Order project.

Once the contractor receives the task order award, then they must timely confirm receipt and send documents required by the contract, such as insurance certificates and bonds via e-mail to the Contracting Officer.

3.9 Task Order proposals will not be publicly opened or released. Unsuccessful offeror’s proposal information will not be made publicly available.

3.10 The task order will legally be binding once signed by the Contracting Officer.

3.11 The Contracting Officer may at any time, prior to award of the task order, determine that the task order is not in the best interest of the Government and not issue the task order. No liability will accrue to the Government for task orders cancelled prior to award.

4.0 OPTIONS WITHIN TASK ORDERS AND/OR MODIFICATIONS:

The Government may require performance of additional work, identified as an option item in individual task orders or modifications to task orders, at the price stated in the task order award.

The Contracting Officer may exercise the option by written notice to the Contractor within the option acceptance period stated in the specific task order or modification. Exercised options shall be completed within the task order completion period. For price evaluation purposes, base contract line items and option line items are added together.

5.0 INVOICE PROCESSING PLATFORM (IPP):

(a)Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release Form.

(c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items electronically in IPP to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

5.1 ADMINISTRATION OF PAYMENTS: The Government will make maximum use of discrete CLINs for tasks or project milestones. Work under FFP CLINS will be payable upon tender and acceptance under FAR 52.232-25 "Prompt Payment."

6.0 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR):

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of task order award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

7.0 EVALUATION OF PERFORMANCE:

Contractor Performance Evaluations shall be completed annually or after the completion of a project (whichever comes first) for any construction task order over $750K. It is the Contracting Officer’s discretion if a report is to be filed under the required threshold or at a time other than scheduled. Contractor Performance Assessment Report System (CPARS) will be updated promptly upon completion of the task order period of performance but not later than 120 days after contract completion. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The point of contact for Contractor Performance Assessment is the appointed Contracting Officer or the Contracting Officer’s authorized representative. https://www.cpars.gov/

8.0 PUBLIC AFFAIRS:

The contractor shall not disclose or distribute any data, reports, software or electronic files generated or reviewed under this contract. All reports and data, including all electronic data and software, generated under this contract are the property of the Government. The contractor shall refer all requests for information to the COR and CO.

9.0 ON AND OFF-RAMPING

9.1 On-Ramping:

The total number of Contractors within this MATOC may fluctuate due to any number of reasons including but, not limited to, desired competition levels on task orders, the Government's exercise of the on or off-ramping process. It is in the Government’s best interest that there remains an adequate number of Contractors eligible to compete for task orders to ensure price competition and meet the Government’s need for mission requirements. The Government will determine whether it would be in the Government’s best interest to initiate an open season to add Contractors to this MATOC at any time during the period of performance, subject to the following conditions:

1. An open season notice is published in SAM.gov

2. An open season solicitation is issued.

3. The solicitation identifies the total anticipated number of new contracts that the Government intends to award.

4. Any offeror that meets the eligibility requirements set forth in the open season solicitation may submit a proposal…