Solicitation_127A8618R0001_-_Amend_001.pdf

(x)

127A8618R0001 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

7A86

HOT SPRINGS AR 71901

100 RESERVE STREET

OUACHITA NATIONAL FOREST

05/07/20180001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/02/2018

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

AMENDMENT 001 - ROAD CONSTRUCTION MATOC FOR THE OUACHITA AND OZARK-ST. FRANCIS NATIONAL

FORESTS.

The purpose of this amendment is to clarify that (1) the minimum order guarantee is $2,000 and NOT $2,500 and (2) the $20 million aggregate ceiling is for each forest (Ouachita NF and Ozark-SF NF) individually, as they are being awarded separately, and NOT a combined ceiling. The solicitation has been updated accordingly.

All other terms and conditions remain unchanged; the response date has not been extended.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

DEANNDA SONTAG

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

OUACHITA NATIONAL FOREST

100 RESERVE STREET

HOT SPRINGS AR 71901

7A86

Jay Tobin (jtobin@fs.fed.us)

USDA Forest Service 100 Reserve Street Hot Springs AR 71901

JAY TOBIN 501-321-5324

1x 05/02/2018

127A8618R0001

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

ROAD CONSTRUCTION FOR THE OUACHITA AND OZARK-ST. FRANCIS NATIONAL FORESTS.

This project consists of performing various construction / reconstruction projects on system roads of the Ouachita and Ozark-St. Francis National Forests as further described in Section B, Schedule of Items, and Section C, Statement of Work.

This solicitation will result in Indefinite Delivery - Indefinite Quantity (IDIQ)

Multiple Award Task Order Contracts (MATOC) as best meets the needs of the

Government on the basis of technical capability, past performance, and price. These contracts will have a two-year base period, which runs through June 30, 2020 and one three-year option period, which if exercised could extend contract performance through June 30, 2023. There is no guarantee that any options will be exercised by the Government.

Individual task orders will be competed among MATOC awardees. The Government expressly reserves the right to limit competition in order to meet minimum contract obligations or as may otherwise be determined to be in its best interests. The

Government reserves the right to adjust the quantity ordered on any task order based on the availability of funds.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10 in Section F

06/04/2018

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

OUACHITA NATIONAL FOREST

100 RESERVE STREET

HOT SPRINGS AR 71901

7A86

DEANNDA SONTAG

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127A8618R0001

FOB: Destination

001 Construction Services

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

EQUAL OPPORTUNITY CLAUSE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means for communication of program information

(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600

(voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272

(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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

Sponsored by GSA

FAR (48 CFR) 53.110

127A8618R0001 Road Construction / Reconstruction

Ouachita and Ozark-St. Francis National Forests

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES

SECTON C – STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPS, CERTS, AND OTHER STATEMENTS OF BIDDERS

SECTION L – INSTRUCTIONS TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1. LOCATIONS OF WORK

Offerors are invited to submit a proposal in response to this Request for Proposal (RFP) for a multiple award task order contract (MATOC) for road and bridge construction for various locations on the Ouachita National Forest and the Ozark-St. Francis National Forest. Proposed work includes highway, street, bridge, and other heavy and civil engineering construction. Work includes new construction, reconstruction, renovations and design-build. These projects will be primarily under the following NAICS code: 237310.

EACH OFFEROR SHALL IDENTIFY THE FOREST(S) FOR WHICH THEY WISH TO BE

CONSIDERED FOR AWARD. Contractors will be provided a fair opportunity to compete for task orders at those locations checked within the dollar range indicated below (See 2. Dollar Value of Projects), if awarded a contract.

Ouachita National Forest

Ozark-St. Francis National Forest

2. DOLLAR VALUE OF PROJECTS

The contractor must identify the dollar range of projects they are interested in receiving consideration for under the MATOC contract. Each contractor must check ONLY ONE of the ranges listed below. (This limitation may be due to business size or company bonding limitations). Although a bid bond will not be required, offerors must provide sufficient documentation to verify this level, such as a letter from their bonding company stating the offeror’s bonding capacity.

DOLLAR VALUE

$2,000 - $100,000 $2,000 - $250,000 $2,000 - $500,000 $2,000 - $1 Million $2,000 - $2 Million

3. ITEM DESCRIPTION, CONTRACT LINE ITEMS

Included as part of this request for proposal are two seed projects, which will be awarded as outlined herein.

These projects will satisfy the minimum guarantee for the awardee(s).

OFFERORS SHALL SUBMIT A SEPARATE PROPOSAL FOR EACH SEED CONSTRUCTION PROJECT,

EVEN IF YOU DO NOT WISH TO BE CONSIDERED FOR AWARD. There are two task orders noted in Section J, one for the Ouachita National Forest and one for the Ozark-St. Francis National Forest. Award of these initial task orders is reserved for the contractor(s) offering the lowest overall price among the successful offerors of this solicitation, unless that offeror has opted out of the award. There is also a technical proposal requirement for the design-build project.

These task order seed projects will also be used for the overall evaluation of the reasonableness, realism, and balance of an offeror’s price proposals. (See FAR 15.304 (c) (1)).

REQUIREMENTS: OFFERORS MUST BE REGISTERED TO SAM IN ACCORDANCE WITH FAR 52.204-

7 AND RESPOND TO ALL INSTRUCTIONS INCLUDED IN SECTION L. OFFERORS WHO FAIL TO

MEET THESE REQUIREMENTS WILL NOT BE CONSIDERED FOR AWARD.

SECTION C – STATEMENT OF WORK

OVERVIEW

This solicitation will result in Indefinite Delivery - Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) as best meets the needs of the Government on the basis of technical capability, past performance, and price. These contracts will have a two-year base period, which runs through June 30, 2019 and one three-year option period, which if exercised could extend contract performance through June 30, 2023. There is no guarantee that any options will be exercised by the Government. The Government shall place orders totaling a minimum of $2,000 to each awarded contractor, but not in excess $20,000,000, in the aggregate, for all awarded contracts on each Forest (Ouachita NF and Ozark-SF NF).

Individual task orders will be competed among MATOC awardees. The Government expressly reserves the right to limit competition in order to meet minimum contract obligations or as may otherwise be determined to be in its best interests. The Government reserves the right to adjust the quantity ordered based on the availability of funds.

Offerors may “opt out” of task orders by identifying their reason(s) for not submitting an offer; contractors who consistently fail to submit an offer on task orders risk not having their option renewed and it may be reflected in future past performance reviews. (Offerors may also opt out of these two initial task orders, without penalty, but must still submit a technical and price proposal for each.)

SCOPE OF CONTRACT

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete road construction projects on the Ouachita National Forest and the Ozark-St. Francis National Forest. Specific requirements and applicable wage rate determinations will be provided with each individual task order issued. Projects will normally use already completed designs. However, a design-build task order may occasionally be required.

At the time of the initial awards, two firm fixed-priced task order for the initial projects will also be awarded.

Award of these task orders is reserved for the contractor(s) offering the lowest overall price among the successful offerors of solicitation.

The Ouachita NF project is to reconstruct 0.08 miles of NFSR 43, including removing the existing concrete slab, providing new reinforced concrete low water structure, clearing, aggregate, replacing culverts, removing debris, placing riprap, and seeding.

The Ozark NF project covers approximately 20 miles of spot repairs along Cass/White Rock Road. The work includes road reconstruction, road reconditioning, culvert removal and installation, rock culvert repair, borrow pit development, clearing, erosion control, borrow material placement, and surface and oversize aggregate placement.

The prototypical design/build project will NOT be awarded. A price proposal is NOT required. The objective is to demonstrate your understanding of the design/build process and explain how you would proceed in completing the project from a strategic perspective. Your action plan is limited to a maximum of three pages.

PROJECT LOCATION

All work shall be performed on system roads within the Ouachita and Ozark-St. Francis National Forests in the states of Arkansas and Oklahoma.

PRICE RANGE

The Government estimated range will be provided on individual task orders. The estimated range on the Ozark seed project is between $250,000 and $500,000; the Ouachita seed project is between $25,000 and $100,000.

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

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 J.

(End of Clause)

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

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

SECTION D - PACKAGING AND MARKING

{There are no clauses for this Section.}

SECTION E - INSPECTION AND ACCEPTANCE

FAR 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the

Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 10 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 indicated in individual task orders. The time stated for completion shall include final cleanup of the premises.

FAR 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is an indefinite-delivery indefinite quantity contract for a basic period of performance from date of award through June 30, 2020, plus one additional three-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 - Date of Award through June 30, 2020 Option - July 1, 2020, through June 30, 2023

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post-Award Conference. (NOV 1996)

Post award conferences with successful offerors will be required on awarded task orders. Conferences will be scheduled within two or three weeks after award. The conferences may be held via telephone or in person at:

U.S. Forest Service U.S. Forest Service Ouachita National Forest Ozark-St. Francis National Forest Supervisor’s Office or Supervisor’s Office 100 Reserve Street 605 West Main Hot Springs AR 71901 Russellville AR 72801

G.1 INVOICES SHALL BE SUBMITTED TO:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). 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 at this website https://www.ipp.gov/index.htm.

The successful offeror shall register at https://www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.2 FOREST SERVICE REPRESENTATIVES:

Deannda Sontag will serve as the Senior Contracting Officer on this contract. She shall have full warrant authority over all contract issues. She can be reached at dsontag@fs.fed.us.

Any Forest Service Contracting Officer within the Forest Service Southern Region may award task orders for work with the scope of these ID/IQ contracts, and within their warrant authority.

A Contracting Officer Representative (COR) shall be appointed for individual task orders; authority and responsibilities shall be defined on a delegation letter issued upon task order award. This delegation shall also contain his/her contact information.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:dsontag@fs.fed.us

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

H.1.1 REQUESTS FOR PROPOSALS. When the Government requires work under the MATOC, a Notice of Proposed Task Order Request for Proposal will be issued VIA EMAIL ONLY. Performance and payment bonds shall be required for Task Orders in accordance with applicable PERFORMANCE AND PAYMENT BONDS and ALTERNATIVE PAYMENT PROTECTIONS FOR CONSTRUCTION CONTRACTS clauses.

H.1.2 COMPETITION. Task Orders will be awarded based on Fair Opportunity, FAR 16.505(b)(1).

MATOC awardees will have a fair opportunity to be considered for a task order exceeding $3,500, unless an exception applies. Under the MATOC contracts, the Government reserves the right to accept other than the lowest priced offer, and to reject any or all offers. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it must be sufficiently more advantageous than the lowest offer to justify the payment of additional amounts.

• COMPETING FOR A TASK ORDER. The Contracting Officer will ensure that each awardee receive a fair opportunity to be considered for each order. It is expected that MATOC contractors will submit proposals for all RFP notices received. In the event a Contractor is unable to submit an offer in response to an RFP notice, the Contractor shall notify the Contracting Officer via return email. Failure to respond or compete for projects may be considered failure to make progress or perform and will be a consideration for option year renewal.

H.1.3 SITE VISITS. Offeror's attendance at walk-throughs (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the Government. In SOME cases, walk-throughs will be determined mandatory in order for a contractor to submit a proposal. Such requirement shall be stated in the RFP notice. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-throughs or other pre-task order costs.

H.1.4 PROPOSAL CONTENTS. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFP notice. Contractors shall respond within the number of calendar days stated in the RFP notice by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP notice. Some task orders may require the submission of a technical proposal. If required, this will be noted in the RFP notice.

H.1.5 CONTRACT PRICES-SCHEDULE OF ITEMS. The Government's payment for the items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor for-

(1) Furnishing all plant, labor, equipment, services, materials and expertise; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

H.1.6 EVALUATION METHOD AND PROCEDURES. The primary technical and price criteria will vary depending on the unique requirements for each task order. The Contracting Officer may develop evaluation criteria which reflect the instant requirement and contracting environment. Examples of these criteria are past performance on prior task orders under the MATOC contract, which includes quality and timeliness, special expertise or other factors the Contracting Officer determines are relevant to award of a particular task order and the unit’s status of achieving small business goals/targets. In making decisions in award of any individual task order, the Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFP notice will describe the criteria to be utilized in evaluating task order proposals.

H.1.7 DISCREPANCIES IN THE EVALUATION OF OFFERS SUBMITTED IN RESPONSE TO RFP

NOTICES FOR INDIVIDUAL TASK ORDERS.

a. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

c. These correction procedures shall not be used to resolve any ambiguity concerning which price is low.

H.1.8 EVALUATION OF OPTIONS (FAR 52.217-5) (JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for the purpose of awarding task orders by adding the total price for all optional line items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the optional line items.

H.1.9 AWARD DECISION. Whenever possible, award will be made without discussions. If discussions are required, each MATOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. Task Order award will be made based on either the best value to the Government or the lowest price, technically acceptable proposal as described in the RFP notice. The awarded Task Order will be firm fixed-price with a specific number of calendar days for completion. When optional line items are included in the Schedule, the Task Order will specify the timeframe for exercising the Options.

H.1.10 TASK ORDER ISSUANCE. Task Orders will be issued on SF 1442 or OF 347, depending on the dollar value of award, and will normally be transmitted by email. The Task Order becomes binding when the Contracting Officer signs the order. A Notice to Proceed (NTP) will be issued separately after receipt of required performance and payment bonds. Appropriate proof of Insurance must be in place before work commences. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

H.1.11 PROTESTS. In accordance with FAR 16.505(a)(10), no protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

H.1.12 OMBUDSMAN. If the Contractor believes it was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman, who is the Head of the Contracting Activity. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

H.1.13 PLANS AND SPECIFICATIONS. The Contractor will be provided an electronic copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issuance of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as hard copy or as electronic media, such as email or CD ROM, at its option.

H.2 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS. In the event it becomes necessary to negotiate with one firm on a sole-source basis, the following procedures shall be used in accordance with FAR 16.505(b)(2):

H.2.1 CIRCUMSTANCES PERMITTING SOLE SOURCE ORDERS. All MATOC Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:

a. An urgent need exists, and seeking competition would result in unacceptable delay

b. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized

c. A sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed (e.g. site adapt a competed design)

d. To satisfy contract minimum award obligations.

H.2.2 PROCEDURES FOR 100% DESIGNED PROJECTS. An RFP notice will be issued requiring a contractor response consisting of a detailed cost proposal. Task Order negotiations may be conducted if required.

H.3 GENERAL WAGE DECISIONS.

Applicable Davis-Bacon wage rates will be identified for all task orders issued under this contract.

H.4 AVAILABILITY OF FUNDS.

The Government may request proposals for which funding is not currently available for the award (which will be duly noted in the request for proposals). If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available within 30 days after the expiration of the proposal acceptance period, the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project. If the proposal acceptance period is not extended by the contractor, the project may be re-solicited.

AGAR 452.236-77 Emergency Response. (NOV 1996)

(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 firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor/ Superintendent.

(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.

SECTION I - CONTRACT CLAUSES

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 these addresses:

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

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (OCT 2016) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016) 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016) 52.204-13 System for Award Management Maintenance. (OCT 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (OCT 2016) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2015) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.217-8 Option to Extend Services. (NOV 1999) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (NOV 2016) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2014) 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (OCT 2016) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-62 Employment Eligibility Verification. (JAN 2017) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts. (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity - Construction Contracts (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APE 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236.26 Preconstruction Conference. (FEB 1995)

52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Affirmative Action for Workers with Disabilities. (JUL 2014) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.245-1 Government Property (JAN 2017)

52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR) CLAUSES INCORPORATED BY REFERENCE:

452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, Alt I

(FEB 2012)

452.236-71 Prohibition against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

FAR 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through all option periods that are 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 by electronic commerce methods.

FAR 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 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 $2,000,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (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 seven days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

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

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

(a) The Government may extend the term of…