Rev1 IDIQ Statement of Work.docx

PART I—THE SCHEDULE

SECTION A—PROJECT GENERAL INFORMATION

A.9 FOR INFORMATION CALL:

A.10 THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK

DESCRIBED IN THESE DOCUMENTS

Road and Bridge Construction and Maintenance Indefinite Delivery Indefinite Quantity Contract (RBCM IDIQ)

White River National Forest

Between $2,500 and $5,000,000 Road and Bridge Construction and Maintenance IDIQ White River National Forest

1240LT21Q0046

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Schedule of Items (Base Year)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-2 Schedule of Items (Option Year One)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-3 Schedule of Items (Option Year Two)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-4 Schedule of Items (Option Year Three)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-5 Schedule of Items (Option Year Four)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

Note: There are no minimum size requirements. List the size category as well as make and model of the equipment suitable for emergency work such as: slide/debris removal and culvert inlet clearing on forest roads.

1. This is an Indefinite Delivery Indefinite Quantities (IDIQ) contract. The rates bid in section B-1 are for price evaluation purposes only.

2. Mobilization covers the movement of personnel, equipment, supplies, and incidentals to the project area. Requirements and provisions shall follow Section 151 in the FP-14 specifications or 907 in the Trail Specifications or Specification 881 in the Road Maintenance Performance Based Specifications.

3. When mobilization costs are measured by the mile, as identified in the schedule of items, they will be calculated from the contractor’s place of business to the project location designated in each task order. Mileage associated with the transportation of equipment between job locations for a task order with multiple project sites greater than 5 miles apart shall be included in the mobilization bid item.

4. Task orders placed against this IDIQ contract will include Pay Item Numbers and Quantity of each Subitem ordered. A work order will be issued, designating the work to be completed for each task order and the time frame in which the work shall be completed. Payments will only be made on those items completed by the Contractor, inspected, and accepted by the Government.

5. The Forest Service may utilize an approach in which specific equipment will be ordered, with an operator, on a per hour basis for emergency situations. In such a situation, it may not be possible to accurately estimate the amount or duration of work needed for project completion. The Contractor shall provide the necessary equipment, with operator, to adequately perform the work identified in the task order. If additional hours are needed, a modification will be issued in writing, by the Contracting Officer to add the required hours needed and will pay based on the awarded pricing.

6. Price proposals shall be submitted for each task order in accordance with section C-4 (D.).

7. The method of payment for emergency services only is by the hour. All other work ordered units will be determined on the task order level.

8. This Request for Proposal (RFP) is 100% Set-aside for Small Business Concerns. Awarded Contracts will be for a base year with four additional optional years.

9. Contractors are responsible for field verifying conditions of solicited bid items to calculate the work required to give an adequate bid. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers.

10. When there is no government source available for rock or embankment material, material will need to be obtained from a weed free commercial source. Commercial material sources must be approved by the CO prior to transporting the material onto National Forest Lands. Scale tickets shall be submitted for all commercial source material. Scale tickets shall be signed by the scale operator or signed by the service provider if the slip is electronically produced.

11. In accordance with FP-14 109.05 the quantities listed in the bid schedule are approximate unless designated as a contract quantity. Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

12. Contractors are responsible for ensuring the bid item payment units are understood. For example, the pay unit for single lane mile or double lane mile is paid by the distance between beginning and end points and not by the distance accumulated by the number of passes the work requires.

13. The contractor is responsible for locating, protecting, maintain service, and coordinating outages of existing utilities throughout the term of the task where utilities exist.

B-6 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

A. During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $ 2,500.00 but not in excess of $ 5,000,000.00. The maximum is inclusive of all options and the combined total of all task orders issued under all awarded contracts.

Road and Bridge Construction and Maintenance IDIQ White River National Forest

1240LT21Q0046

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

A. The intent of this Road and Bridge Construction and Maintenance IDIQ (RBCM IDIQ) is to provide for road and bridge construction and maintenance on the White River National Forest. The road work may occur on any district within the forest, see the attached maps. The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section C within the timeframe specified in Section F of the contract. The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

B. See Section C-10 for a list of road and bridge construction and maintenance specifications covered in this contract. Maintenance services shall comply with the Service Contract Act and construction shall comply with the Construction Wage Rate Requirements Statute (CWRRS).

C. Road and bridge maintenance services may include but are not limited to: roadside brushing, hazard tree removal, minor road damage repairs, ditch cleaning, culvert cleaning, surface maintenance (grading), dust abatement, road surface stabilization (MgCl application), drainage structure rehabilitation, minor aggregate haul and placement, asphalt surface maintenance, maintenance of cattleguards gates, fences and traffic signs and minor culvert, drainage repair and trail maintenance. Contractors shall comply with the Service Contract Act for the work described in this paragraph.

D. Road and bridge construction may include but is not limited to: roadway, bridge, trail, trail bridge construction, rock pit and quarry development, clearing and grubbing, earthworks, impoundment maintenance repair and removal, excavation and embankment, subgrade stabilization, slope stabilization and reclamation, blasting, road milling, drainage structure installation, aggregate base and surfacing, road reconditioning, concrete, asphalt paving and patching, major slump/slide removal, sign installation, cattleguard installation, gate and guardrail installation, road bridge maintenance, trail bridge maintenance, and roadway obliteration. Contractors shall comply with the CWRRS for the work described in this paragraph.

C-2 Location of Project

A. The project area is described herein and shown on the attached maps (See Section J, List of Attachments). The work is located within the boundary of the White River National Forest. Exact locations of work required will be outlined in the individual Task Order.

C-3 Pre-Bid/Pre-Proposal Conference

A. The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

B. Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

C. In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

D. The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

E. Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

The conference will be held:

Date: July 14, 2021

Time: 2:00 p.m. – 4:00 p.m.

Location: Telephone conference call: 1-888-844-9904 Access Code: 6439921#

The IDIQ Task Order #1 (seed project) will be discussed after the base contract is discussed.

C-4 Ordering Procedures for Competitive Task Orders

A. Unless the Contracting Officer determines a sole source award is necessary and/or in an emergency need, task orders will be awarded competitively between the awarded IDIQ Contractors.

1. Task order proposals will not be publicly opened or released. Unsuccessful offeror’s task order proposal information will not be made available.

2. A Request for Quote (RFQ) will be issued to all awarded Contractors and includes the scope of work, specifications, and all attachments.

B. When the Government requires work under this IDIQ, an RFQ will be issued to the awarded IDIQ Contractors. This RFQ will include information such as contract requirements, physical data, site visit details, evaluation criteria, drawings, a schedule of items (unless emergency situations) and submission requirements.

C. Contractors will not be reimbursed for quote preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs.

1. 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 individual task orders.

2. Government payment for items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor.

D. Declining a Task Order: Each Contractor shall submit offers on at least 30% of the issued non-emergency task orders, until awarded a task order which satisfies the minimum contract amount. After the minimum has been satisfied, they are not required to submit a quote for each task order, although encouraged. The Contractor must give written notification to the Contracting Officer of the intent to decline competing for a subsequent task order. Task orders issued for emergency situations may be declined by the contractor without written notification.

E. Evaluation Method and Procedures: The basis of award for individual task orders may vary dependent upon the goals and objectives for each task order. The basis of award will be described in the RFQ.

F. Award Decision: When possible, award will be made without discussions. Task orders will be Firm Fixed-Price with a specific completion date or performance period. The Government reserves the right to reject all offers.

G. Task Order Format: The task order award documents will contain task order specific clauses and provisions. All other clauses and provisions will be in the base IDIQ.

H. Task Order Award Notification: The task order award will be submitted via mail, facsimile, or e- mail.

I. Performance/Payment Bonds: The Contractor shall submit Performance and Payment bond documents on a task order by task order basis. Performance and Payment bonds shall be submitted for any task order requiring more than $150,000.00 in construction. Payment protection, in the form of a payment bond, irrevocable letter of credit, or tripartite escrow agreement, is required for task orders requiring more than $30,000.00 and less than or equal to $150,000.00 in construction.

1. The Contractor shall ensure the IDIQ Contract number and the task order number are included on each Performance and Payment bond document. Bond documents not containing the required information will be rejected for corrections.

J. Forest Service Task Order Ombudsman: If a Contractor has not been afforded a fair opportunity to be considered for a task order, consistent with the procedures of this contract, the Contractor may submit a complaint to the Forest Service Task Order Ombudsman. The Forest Service Task Order Ombudsman is:

Assistant Director of Policy USDA, Forest Service, Acquisition Management 1400 Independence Ave., SW, Mailstop 1138 Washington D.C. 20250-1138

C-5 Ordering Procedures for Sole Source Task Orders

A. The Contracting Officer reserves the right to award a task order without competition based on a determination that:

1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; or

2. The order must 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 order; or

3. It is necessary to place an order to satisfy a minimum guarantee

B. If necessary to determine price reasonableness, the Contractor shall provide copies of their offer worksheets that list the offer item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes (if applicable) and the prime contractor’s profit and overhead separately identified.

C. All prices must be fair and reasonable. The Government reserves the right to negotiate the proposal as deemed necessary.

C-6 Performance Evaluations

A. At the conclusion of each task order or when the Contractor’s performance is considered less than satisfactory, the Government will complete a Contractor’s performance evaluation. The evaluation will take into account all aspects of the Contractor’s performance. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation.

C-7 Protests of Task Order Awards

A. In accordance with FAR 16.505(a)(10) no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract, except a protest on the grounds that the order increases the scope, period, or maximum value of the contract or that the order is valued in excess of $10 million.

C-8 Additional Contract Awards

A. The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and geographic area as this contract

C-9 Furnishing of Material and Equipment

A. Unless otherwise stated in the contract, the contractor shall furnish all material and equipment required for performance of the contract. All material and equipment shall comply with the specifications and supplemental documents.

B. The Contractor shall furnish and deliver the material and equipment to the work site in such a manner that their quality and fitness for the work is preserved. The Forest Service reserves the right to reject any damaged materials.

C. Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.

D. The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures included in the specifications of this contract, or superseding document adopted by the Forest Service, for all task orders.

C-10 Coordination of Specifications

A. Standard Specifications:

1. “800” series, Road Maintenance Performance Based Specifications, attached to this contract. There will be gaps between the section numbers due to the fact that many sections have been purposely omitted or because certain specification sections have been reserved for possible future inclusion in the "800" series.

2. FP-14, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects or superseding document adopted by the Forest Service, attached by reference.

3. Trail Specifications, Standard Specifications For Construction Of Trails And Trail Bridges On Forest Service Projects or superseding document adopted by the Forest Service, attached by reference.

B. Supplemental Specifications for this project refine, revise, and add to the requirements stated in the Standard Specifications for the FP-14 or “800” series or Trail Specifications, and shall be included at the task order level when appropriate.

C. The Standard Specifications and Supplemental Specifications must be read 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.

C-11 Material Certifications, Testing Reports & Other Submittals

A. Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. All substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

B. Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include:

Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical examples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within the time designated in the task order, see example table below. Review time begins from date of receipt by Contracting Officer or COR.

C. Individual task orders may require plans, details, specifications, designs, certificates, test reports, samples and test data shall be submitted on this project (see table below for number of copies required). See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

Reference Detailed Requirements Section Number Of Copies To Section Allowable Time for Government Approval After Total Submittal (Days)

C-12 Definitions and Quantity Measurement Terms

A. The specifications and individual task orders shall define definitions and quantity measurement terms.

C-13 Abbreviations A. Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1 AASHTO -American Association of State Highway and Transportation Officials.

2 CS -Commercial Standard issued by U.S. Dept. of Commerce.

3 EPA -Environmental Protection Agency.

4 FAR -Federal Acquisition Regulation.

5 FP-14 or Superseding Document - Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects 6 FSSS –Forest Service Supplemental Specifications to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects 7 MSHA -Mine Safety Health Administration.

8 MUTCD -Manual of Uniform Traffic Control Devices.

9 NBS -National Bureau of Standards.

10 OSHA -Occupational Safety and Health Act.

11 PS -Product Standard issued by the U.S. Dept. of Commerce.

12 UL -Underwriters Laboratories, Inc.

C-14 Applicability of the Service Contract Act (SCA) and Construction Wage Rates Requirements Statute (CWRRS)

A. The Contractor is responsible for compliance with the Service Contract Act (SCA) and Construction Wage Rates Requirements Statute (CWRRS). The Department of Labor (DOL) is responsible for enforcement of the SCA and CWRRS. Contractor shall contact the DOL to resolve any questions concerning the applicability of the SCA or CWRRS. The DOL has provided the Forest Service with the following guidelines concerning road maintenance activities.

1. The SCA applies to the following typical activities on, or along, a paved road:

a. Brushing and mowing;

b. Ditch cleaning and brushing;

c. Sign, cattleguard, gabion, and guardrail repair;

d. Minor patching performed in conjunction with normal maintenance activities;

e. Cleaning culverts;

f. Minor slump/slide removal;

g. Litter cleanup; and

h. Minor culvert and drainage repair.

2. The SCA applies to the following typical activities on, or along, an unpaved road:

a. The above noted activities;

b. Grading;

c. Rock raking; and

d. Removal of oversized material.

3. 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.

C-15 Statement of Work/Specifications (AGAR 452.211-72)(FEB 1988)

A. The Contractor shall furnish the necessary personnel, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-16 Attachments to Statements of Work/Specifications (AGAR 452.211-73)(FEB 1988)

A. The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-17 Use of Roads and Permitting

A. The Contractor is authorized to use National Forest roads for accessing work included in individual task orders and under this contract. If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

B. All National Forest roads authorized for use will be subject to the following provisions:

1. The Road Rules in the current White River National Forest Road Rules Document are applicable to all commercial road users. This document is available for review at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract. Forest Service overload permits for this project may be obtained by contacting the White River National Forest. Please allow up to 28 days to process these permits.

4. Bridge Overload Permits - Contractor shall obtain an overweight bridge use permit from the Forest Service prior to transporting overweight equipment on Forest Service bridges. Forest Service bridge overload permits for this contract may be obtained by contacting the White River National Forest. Please allow up to 28 days to process these permits.

5. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

C-18 Bio Preferred Products

A. 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.

B. The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) 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 (CO).

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

Multipurpose Lubricants

D. Biobased products that are designated for preferred procurement under USDA’s Bio- Preferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor shall provide data for their biobased products such as biobased content.

E. In addition to the biobased products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other biobased products.

F. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c) (3)), the Offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the Offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

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

(a). In the performance of this contract, the contractor shall make maximum use of bio- based 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:

(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--

(i) 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

(ii) Submit this report no later than

(iii) October 31 of each year during contract performance.

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

SECTION D – PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E – INSPECTION AND ACCEPTANCE

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

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The following clause applies to all ordered service tasks:

FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

The following clause applies to all ordered construction tasks:

FAR 52.246-12 Inspection of Construction (AUG 1996)

The following clause applies to all project work paid for by the hour:

FAR 52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001)

SECTION F--DELIVERIES OR PERFORMANCE

F-1 Clauses Incorporated by Reference (FAR 52.252-2)(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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The following clause applies to all ordered construction tasks:

52.242-14 Suspension of Work (APR 1984)

The following clause applies to all ordered service tasks:

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within the number of calendar days or date specified in the task order 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 the date specified in the task order. The time stated for completion shall include final cleanup of the premises.

F-3 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988) The effective period of this contract is from date of contract award and ends on the date following the date of final payment under this contract.

This is the “effective period” referenced in Clause FAR 52.216-22 Indefinite Quantity (OCT 1995).

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 Invoice and Payment A. The Department of Agriculture (USDA) mandated the transition of all Integrated Acquisition System (IAS) payments to the US Treasury Invoice Processing Platform (IPP). This allows electronic routing and approval of IAS related invoices. The Forest Service's (FS) completed transition to the new process is scheduled for February 24, 2014. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

B. The invoice format/template the contractor shall use in submitting invoices is to reflect the award document with the individual line items through the IPP platform. The contractor shall attach their company’s version of the paper invoice to the IPP invoice. Contractor shall submit invoices to the IPP platform. IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

C. Contractor and government personnel will decide on the method of payment, whether it be partial payments, based on some measure, or as one deliverable at the end of the project.

D. Payment for Materials Off Site may be made in accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

E. Payments are made by the US Department of Treasury through information from System for Award Management (SAM) in accordance with 48 CFR § 52.232-33 - Payment by Electronic Funds Transfer - System for Award Management.

G-2 Government Furnished Property

A. The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract:

-Government Furnished Property will be identified in each individual task order

G-3 Post Award Conference (AGAR 452.215-73)(NOV 1996)

A. A post award conference with the successful offeror is required at the task order level. It will be scheduled within 15 days after the date of contract award. The conference will be held at White River National Forest Supervisors office located in Glenwood Springs, CO, or another Forest Service office agreed upon by both parties.

G-4 Designation of Contracting Officer’s Representative

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

B. 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.

C. 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. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

D. 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 so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

B. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

H-2 AGAR 452.236-77 Emergency Control (JUL 1985)

A. Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H-3 Safety Plan

A. When required by the task order in Section C, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H-4 Fire Control

A. When required by the task order in Section C, the Contractor shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.

H-5 Landscape Preservation

A. EROSION CONTROL MEASURES

1. The Contractor shall comply with individual task order requirements for erosion control measures.

B. LANDSCAPE PRESERVATION

1. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

2. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

3. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means enough to reduce the sediment content to not more than that of the stream into which it is discharged.

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

5. Prevention of Oil Spills -If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

6. If the total oil or oil products storage exceeds 1320 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 plan shall meet applicable EPA requirements (40 CFR 112) including certification by a Registered professional engineer.

H-6 AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988)

A. If a previously unidentified archaeological or historical site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H-7 Noxious Weeds Prevention and Equipment Cleaning

A. Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H-8 Plan for Weather-Caused Suspensions of Work

A. The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval no later than 14 days after contract award. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the Landscape Preservation clause.

H-9 Use of Premises

A. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

B. A storage site MAY be permitted within the project area upon written approval by the CO. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

C. Permanent and temporary electric power is not available on site for construction use.

D. When Sanitary facilities are required by the task order, they shall be provided by the Contractor on the first day of work. Potable and non-potable water is to be provided by the Contractor.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I-1 Clauses Incorporated by Reference (FAR 52.252-2)(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): FAR | Acquisition.GOV AGRICULTURE ACQUISITION REGULATION AGAR (usda.gov)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Applicable to Both Service and Construction Clauses

2014)

Whistleblower Rights (JUN 2020)

Suspended, or Proposed for Debarment (JUN 2020)

Contracts (AUG 2018)

Service Clauses