12447U18R0002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

447U

JACKSON MS 39201

200 S LAMAR ST STE 500N BOX 44

NATIONAL FORESTS IN MISSISSIPPI

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR447U

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/15/2017 1500 CT

11/16/2017

601-965-1671GEMAA PELCH

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12447U18R0002

5. SOLICITATION NUMBER

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

1 52OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

JACKSON MS 39201

200 S LAMAR ST STE 500N BOX 44

NATIONAL FORESTS IN MISSISSIPPI

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Performance Based Service Contract (PBSC) for Road Maintenance

De Soto Ranger District National Forests in Mississippi

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

See Attached Schedule gpelch02 Highlight gpelch02 Highlight gpelch02 Highlight gpelch02 Highlight gpelch02 Highlight gpelch02 Highlight

National Forests in Mississippi, De Soto Ranger District 12447U18R0002 PBSC for Road Maintenance PAGE 2 of 52

TABLE OF CONTENTS

SCHEDULE OF ITEMS ............................................................................................................................. Page 3

GENERAL INFORMATION ................................................................................................................... Page 17

CONTRACT CLAUSES ............................................................................................................................. Page 5

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS ....................................................... Page 26

PERFORMANCE WORK STATEMENT (PWS) ..................................................................................... Page 26

SOLICITATION PROVISIONS .............................................................................................................. Page 36

INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS .................. PAGE 36

EVALUATION FACTORS ........................................................................................................................................ PAGE 38

PBSC for Road Maintenance PAGE 3 of 52

CONTINUATION OF ANY BLOCK FROM SF 1449

BLOCK 20 - SCHEDULE OF SUPPLIES/SERVICES

SCHEDULE OF ITEMS

Item Number Task/Sub-task

Estimated Annual

Quantity* Unit

Unit Price Base Year

Date of Award through

12/31/2018

Unit Price Option Period 1

1/1/2019 through 12/31/2019

1090(01) Blading Aggregate Surfaced and Non-Surfaced Roads 1150 MI

1090(01A) Sub Soiling Traveled Way 1 MI

1130(01) Spot Surface Repair Aggregate Surfaced Roads (Pit Run Aggregate) 7325 CY

1130(02) Spot Surface Repair Aggregate Surfaced Roads (Crushed Aggregate) 230 TN

3010(01) Clean and Reshape Ditches 68 MI

3010(02) Erosion Control 1 AC

3010(03) Seeding and Fertilize 1 AC

3010(03A) Pelletized Lime 1 AC

3010(03B) Pensacola Bahia Grass 1 AC

3010(03C) Removal Culverts (18" or Less) 1 EA

3020(02) Motor Grader and Dozer Equipment Rental 70 HR

3020(03) Track Type Excavator Equipment Rental 70 HR

3050(01) Installing Water Bars 1 EA

4010(01) Mowing 130 MI Estimated quantities are not a representation that the estimated quantity will be required or ordered or that conditions affecting requirements will be stable or normal.

http://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284

PBSC for Road Maintenance PAGE 4 of 52

GENERAL INFORMATION

OFFERORS SHALL BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (www.sam.gov) and

SHALL ENTER THEIR REPRESENTATIONS AND CERTIFICATIONS ONLINE TO RECEIVE AN AWARD.

OFFERS THAT DO NOT INCLUDE A TECHNICAL AND BUSINESS PROPOSAL WILL NOT BE CONSIDERED FOR AWARD. Refer to AGAR 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (SEP 1999), Page 36.

SCOPE

The National Forests in Mississippi is soliciting for road maintenance services on roads within the administrative boundaries of the De Soto Ranger District. For this requirement, the contractor shall provide all materials, labor, equipment, tools, transportation, permits, licenses, supervision, expertise, and other incidentals necessary to successfully complete related to road blading, cleaning of culverts and ditches, aggregate placement, and sign installation on National Forest Roads.

This is a request for proposals which will result in award of a firm-fixed price, performance-based, indefinite-delivery, indefinite-quantity contracts for a basic period of performance from date of award through December 31, 2018, plus one (1) one-year option period. Submission of an offer for the basic contract period constitutes an offer to perform in the option period(s), if exercised. This project is set-aside 100% for small businesses. Award will be made based on the best value to the Government and can be made on initial offers.

LOCATION

Project sites are located within the administrative boundaries of the De Soto Ranger District, National Forests in Mississippi.

De Soto Ranger District: Forrest, George, Greene, Harrison, Jackson, Pearl River, Perry, & Stone Counties

SITE VISIT - An organized site visit is not scheduled. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

http://www.sam.gov/

PBSC for Road Maintenance PAGE 5 of 52

CONTRACT CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items. (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section

1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

PBSC for Road Maintenance PAGE 6 of 52

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

PBSC for Road Maintenance PAGE 7 of 52

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

PBSC for Road Maintenance PAGE 8 of 52

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and

Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—

Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

PBSC for Road Maintenance PAGE 9 of 52

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of

52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10

U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

PBSC for Road Maintenance PAGE 10 of 52

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price, indefinite-delivery indefinite quantity contract for a basic period of performance from date of award through December 31, 2018, plus one (1), one-year option period. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period, if exercised.

Period of Performance

Base Period - Date of Award through December 31, 2018 Option Period 1 - January 1, 2019, through December 31, 2019

52.216-18 ORDERING (OCT 95)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the end of the base period, and the end date for any option periods exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

AUTHORIZED ORDERING OFFICIALS

All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

52.216-19 ORDER LIMITATIONS (OCT 95)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $1,000,000 or;

(2) Any order for a combination of items in excess of $1,000,000 or;

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2019.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $3,000,000, over the life of the contract.

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

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

FAR 52.217-9 Option To Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. .

AGAR 452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with

PBSC for Road Maintenance PAGE 12 of 52 performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

FAR 52.232-18 Availability of Funds. (APR 1984)

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

AGAR 452.237-74 - Key Personnel (FEB 1988)

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

Contractor’s Representative and/or Foreman Inspector

Key personnel designated by the contractor shall have the ability to speak English and communicate with crew members.

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

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

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:

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FAR 52.204-7 System for Award Management. (OCT 2016) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) FAR 52.236-7 Permits and Responsibilities. (NOV 1991) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1994) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) FAR 52.245-1 Government Property, ALT 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

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CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

DESCRIPTION/SPECIFICATION/PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

SECTION I - GENERAL

I.1 SCOPE: The Contractor shall provide all materials, labor, equipment, tools, transportation, permits, license, supervision, expertise and other incidentals necessary to successfully complete road maintenance services on the De Soto Ranger District. Work includes tasks and subtasks related to road blading, cleaning of culverts and ditches, aggregate placement, and sign installation on National Forest Roads.

Miles of Road per District by Road Type

District Miles of High Clearance Roads (Suitable for off-road vehicles only)

Miles of Aggregate-Surfaced Passenger Car Roads

De Soto 297 273

The table above lists the number of miles by type for the District. The high clearance roads will generally receive irregular maintenance, such as occasional mowing or spot surfacing, whereas the passenger car roads will general receive regular maintenance multiple times per year. Maintenance on the entire amount of road miles is not implied or guaranteed and is subject to the availability of funds.

I.2 LOCATION: Treatment areas are located within the boundaries of the De Soto Ranger District in Forrest, George, Greene, Harrison, Jackson, Pearl River, Perry, and Stone Counties. Specific locations, unit data, and maps will be supplied with each task order.

I.3 PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT: Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

I.4 SALVAGE RIGHTS: No salvage rights exist under this contract.

I.5 RE-MEASUREMENT: The Contractor may at any time after issuance of a task order request re-measurement of the quantity of work. The request must be in writing. Payment will be based on the re-measurement except no adjustment shall be made for mileage changes less than 0.20 miles. The Contractor shall pay for the cost of re-measurement if the re-measurement results in an increase of less than 0.20 miles.

I.6 WORK ORDER PERFORMANCE TIME: Contract time will be specified in each task order either by a number of days or completion date. In general, time will conform to these standards:

1090 Blading: Performance time will be established at the rate of one (1) calendar day for every ten (10) miles ordered.

Regardless of the calculations above, in order to avoid unfavorable ground conditions, no task order for blading will have a performance time greater than 30 calendar days.

1130 Aggregate Placement: Performance time will be established at the rate of one (1) calendar day for every four hundred

(400) cubic yards or one hundred (100) tons ordered.

3010 Ditching: Performance time will be established at the rate of one (1) calendar day for every two (2) miles ordered.

Regardless of the calculations above, in order to avoid unfavorable ground conditions, no task order for ditching will have a performance time greater than 30 calendar days.

On each task order, two (2) additional calendar days will be added to the performance time for mobilization. If more than one task order is issued, performance time for completion runs concurrently.

I.7 WORKING HOURS: Work hours are generally limited to weekdays between dawn and dusk. Work outside of those times requires approval by the CO or COR Inspector. Work on weekends and federal holidays requires prior approval from the COR.

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I.8 WORK PLAN AND SCHEDULE: The Contractor is required to submit a copy of the proposed performance schedule to the COR within 5 days after work begins. The schedule should indicate the order in which work is to be performed and state the starting and completion dates of significant features of the work. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule. The Contractor shall also chart actual progress on the schedule. Excusable delays: The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

I.9 EQUIPMENT REQUIREMENTS and SPECIFICATIONS: All equipment proposed to be used for performance of the work shall be of the size, type and in such condition to properly pursue the requirements of this contract. Equipment specifications and minimum requirements are given in the Equipment Specifications.

The Contractor's proposed equipment shall be made available to the Contracting Officer for inspection prior to award of the contract, should the Contracting Officer deem necessary.

If at any time during the course of this contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement, at Contractor's expense.

Any movement or transportation of equipment to or from the work area(s) required to pursue the work, repair or replace, or for Contractor's convenience shall be at the Contractor's expense.

I.10 EQUIPMENT CLEANING – INVASIVE SPECIES OF CONCERN

(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract or any subsequent task order.

i. Prior to commencing work on a project, the contractor shall advise the Forest Service of previous equipment cleaning measures and make equipment available for inspection upon request. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2 day period, the contractor may proceed with work as directed by the COR.

ii. If the contractor desires to clean equipment on National Forest land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from Contracting Officer as to the location for such cleaning and measures, if any, for controlling impacts.

(b) The Government maintains a current list and maps of areas known by the Forest Service that are infested with invasive species of concern and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestations; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

I.11 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS.

The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Fuel and Machine Fluids. The contractor shall instruct employees in environmental protection practices. The contractor is responsible for operating under conditions which preclude the waste of fuel or spoiling the environment. Machine fluids (fuel, oils, coolants, etc.)

shall not be drained on the ground or allowed to enter any watercourse. Inadvertent spills shall be contained immediately and the

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Contracting Officer’s Representative shall be notified immediately. Promptly remediate the spill unless otherwise directed by authorities.

I.12 CONTRACTOR’S QUALITY CONTROL PLAN: The contractor shall maintain an acceptable quality control plan throughout the life of the contract. The plan shall be made available to the Government and shall describe the Contractor’s method for ensuring all work meets the specifications of this project.

Plan Contents

• Inspection System - An inspection system must cover all of the services listed in the “description” column of the Performance Requirements Summary (PRS). The inspection system need only cover items included in the task orders. It must specify the work items to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspection. Contracting Officer’s Representatives’ reserve the right to require a written record of inspections and results.

• Methods - Identify the proposed methods for identifying and preventing defects before the level of performance becomes unacceptable.

• Inspections (if Required) - The contractor shall maintain on-site records of all inspections and necessary corrective action(s) taken. This documentation shall be furnished at the time payment is requested, or when requested by the Contracting Officer’s Representative during the term of the contract. Project inspectors reserve the right to check contractor’s Quality Control Inspections at any time during the life of a task order.

I.13 PUBLIC SAFETY AND TRAFFIC CONTROL: The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to, road users.

The Contractor shall post warning signs on each end of the section of road being worked. Signs shall be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devices", (MUTCD). A copy of MUTCD is located in the District Ranger's Office and may be available to the Contractor for in-office reference on request. These signs shall be moved as needed to properly delineate and identify the section of road being maintained. At no time shall these signs be more than one mile from operating equipment and shall be in place only when road equipment or men are actually performing operations, in no case shall warning signs be greater than 5 miles apart. Additional signs may be placed to cover entire work area. All slow-moving equipment shall have a reflectorized "slow moving" vehicle emblem properly attached.

Online pdf version of the MUTCD is available for viewing at http://mutcd.fhwa.dot.gov/.

All work shall be so scheduled that at the end of a working day, the road is passable for the type of traffic normally using the road. If for any reason traffic hazards are left in or adjacent to the road after normal work period, they shall be properly signed as hazards and visibly illuminated at night. Segments of unfinished work which may present a hazard to road users, such as rolls of surface material, berms on the shoulder, etc., may not be left in the roadway overnight, weekends or holidays.

The contractor is responsible for locating all utilities before beginning work.

I.14 CONTRACTOR SAFETY RESPONSIBILITIES: The Contractor is repsonsibfor for ensureing that proper techniques and procedures are followed and precautions taken to prevent injury to any person or property as a result of work performed under this contract. The Contractor shall be solely responsible for the repair of, or payment for, any damage or injury to government property and their property caused by his representatives, materials, or equipment. All work areas shall be left in a safe and clean condition equal to that in which they were found.

The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work.

These include, but are not limited to safety requirements provided by the Occupational Safety and Health Administration (29 CFR 1910- 1926, www.osha.gov). It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

The contractor shall exercise caution and care while pursuing the work in order to prevent unnecessary conflict with road users.

For all items of work provide safety signage, barricades, lane closures, certified flaggers, and other traffic control devices appropriate for the location of the work. Take all necessary precautions for the protection of workers and the public. At a minimum, erect warning signs in advance of any place on the project where operations may interfere with the use of the road or trail by traffic.

http://mutcd.fhwa.dot.gov/

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I.15 FIRE PROTECTION REQUIREMENTS: The Contractor shall comply with all policies and rules of the National Forests in Mississippi to prevent forest fires.

I.16 DOCUMENTATION AND RECORDS.

(a) The contractor shall maintain records of accomplishment. These reports shall be turned as requested for quality assurance/inspection purposes by the COR.

(b) All documentation, records and schedules as described in the PWS that are the responsibility of the contractor, are the property of the Government and shall be turned over to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and/or Privacy Acts and any requests for release of any records shall be handled accordingly.

I.17 PAYMENT: Payment will be made for actual services completed and accepted by the Government. The Government may make progress payments as the work proceeds per the Contractor’s request. INVOICE PROCESSING PLATFORM (IPP): The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).