1282B123R0004.pdf

SOLICITATION, OFFER,

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED

□ SEALED BID (IFB)

AND AWARD INVITATION FOR BID

(Construction, Alteration, or Repair) 1282B123R0004 [8j NEGOTIATED (RFP)

REQUEST FOR PROPOSAL 03/20/2023

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

1055068

6. PROJECT NUMBER

7. ISSUED BY

USDA FOREST SERVICE

SPOC INTERMOUNTAIN

CODE 82B1

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

8. ADDRESS OFFER TO

Email: nolan.mcdowell@usda.gov

PAGE OF

9. FOR I a. NAME INFORMATION CALL: ► I Nolan McDowell l b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

540-421-3948

SOLICITATION

PAGES

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

RFP 1282B123R0004

Colorado Forests and Grasslands Road Maintenance Multiple-Award Indefinite Delivery- Indefinite Quantity (IDIQ) Contract for road maintenance and reconstruction services in Arapaho and Roosevelt National Forest and Pawnee National Grasslands.

Multiple-Award IDIQ base contract with a five year ordering period anticipated from 01 Aug 2023 to 31 July 2028. Individual projects will be issued as Firm Fixed Price (FFP) Task Orders (TO}.

Total Contract Maximum Value is $50,000,000.00.

This is a 100% Small Business Set-Aside. Offers received from other than Small Businesses will be rejected.

*Blocks 11, 12, and 13B: See elsewhere herein for details information.

11. The contractor shall begin performance within O calendar days and complete it within 0

D award, [8] notice to proceed. This performance period is D mandatory [8] negotiable. (See

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

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

□ YES [8j NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

calendar days after receiving

12b. CALENDAR DAYS copies to perform the work required are due at the place specified in Item 8 by (hour) a. Sealed offers in original and local time 4/20/2023 --- --1700 -

(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 offerer's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee D is, [8] is not required.

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.

d. Offers providing less than O calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1 (d)

CST

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

1282B123R0004

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES

(A) (B)

Delivery Location Code: 1282AT

USDA FOREST SERVICE

USDA FOREST SERVICE

ARAPAHOE-ROOSEVELT NF PAWNEE NG

2150 CENTRE AVENUE BUILDING E

FORT COLLINS CO 80526-8119 US

Period of Performance: 08/01/2023 to 07/31/2028

ARP Road Work and Maintenance IDIQ

NSN 7540-01-152-8067

QUANTITY UNIT UNIT PRICE

(C) (D) (E)

PAGE

OF

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR 148 CFRl 53.110

Solicitation No: 1282B123R0004 Project Name: Road Work IDIQ

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

Submissions Due: All bid packages prepared in response to this solicitation must be submitted by 5:00 pm CST on 20 April 2023. Partial or late bid packages will be rejected.

Questions Due: All questions regarding the information contained in this solicitation must be sent to Nolan McDowell, Contract Specialist, at nolan.mcdowell@usda.gov no later than 03 April 2023. Questions received after that time will be addressed at the Government’s discretion.

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with a Period of Performance (PoP) of 5 years from the date of contract award.

PERFORMANCE PERIOD

Date of Award through five years. Note: the PoP is a five year ordering period (not a base with four option years).

The Ordering Periods above establish date limits for the issuance of individual project Task Orders (TOs). Actual performance periods for completion of work included in individual project TOs may extend beyond these dates. See Section F.

The actual value of each contract is based on the cumulative amounts of Individual Project Task Orders and any modifications to them.

DUNS Number

EMAIL

B.2 SCHEDULE NOTES

Fill-in the MAXIMUM Amounts, refer to clause 52.216-19, (considering bonding capacity and financing capabilities) you can provide if a contract is awarded to you:

$5M Maximum Individual Project Size

$2,500 Minimum Individual Project Size

No Limit Maximum Aggregate Amount of Task Orders being performed simultaneously mailto:nolan.mcdowell@usda.gov

The guaranteed minimum for which all Awardees will be compensated is $2,500.00. All Awardees, other than the seed bid winner, will be given an order of the minimum to satisfy the guarantee. Once task orders are awarded to the remaining awardees, the minimum will be deducted from the quoted price of the first TO they are awarded.

NOTE: Contractor MUST register in https://www.sam.gov.

BASIS OF AWARD

The Government anticipates award up to ten (10) contractors as a result of this solicitation.

Actual number of awards may be more or less, depending on offers received. Offerors must respond to the other factors as described under EVALUATION CRITERIA in Section M. Award will be made based on best value for the Government.

The Government intends to utilize on-ramping and off-ramping throughout the life of the contract to maintain optimal balance of competition and responsive contract holders. See section G.6.1 below for more details.

The Government intends to award contracts under this IDIQ only to small businesses. Market research indicates that many small businesses in the local area are eligible and capable of performing the work. Therefore, this solicitation will be issued as a total small business set-aside.

Additional designations (ex. 8a, HUBZone, WOSB, VOSB, etc.) will not be utilized since the multiple-award structure of the resulting contract will provide ample opportunities for all small businesses to compete for award.

ISSUANCE OF TASK ORDERS

All work will be ordered by Firm Fixed Price (FFP) task orders and subject to Fair Opportunity amongst all contract holders.

Concurrent TOs may be issued. Orders may be issued orally and followed up in writing, or by electronic commerce methods. Any Forest Service warranted Contracting Officer, within the limits of their warrant, may award and administer a TO for work covered by this contract.

Estimated start work dates and performance times will be identified on each Task Order. Task Orders may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

The overall best value criteria will be outlined in the parent IDIQ contract for each Awardee and additional criteria, if applicable to the specific nature of the work to be performed, will be presented to the contract holders as part of the TO solicitation. The Government will be required to provide technical evaluations as part of the review process, and minimum technical competency must be met for a Contractor to be further evaluated for award after a bid has been submitted. If the Contractor’s bid is determined technically acceptable, then the base IDIQ and http://www.sam.gov/

TO evaluation criterium will be followed to select the bid that presents the best value to the Government.

REFER TO CLAUSES 52.216-18 ORDERING AND 52.216-19 ORDER LIMITATIONS, AND

CLAUSE 52.216-22 INDEFINITE QUANTITY.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Colorado Forests and Grasslands Road Maintenance Multiple-Award IDIQ contract will cover road maintenance and reconstruction requirements located in Arapaho and Roosevelt National Forests and Pawnee National Grassland, Colorado. Additional work may be performed in proximal Forest Service lands, including Medicine Bow- Routt (Wyoming), White River (Colorado) and Pike-San Isabel (Colorado). FFP TOs will be issued to individual Contractors (i.e., contract holders, awardees) as “Construction” requirements.

When a project is initiated, a TO will be awarded to a Contractor based on a best value determination that considers project needs, equipment needs, dates, and specific project locations. Section C.2 of the Statement of Work, Description of Work, outlines in a general sense the various types of work that may be offered as a TO under this IDIQ Contract. This is the scope of work for the contract and the type of work awardees will be expected to perform successfully.

The contract incorporates Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14 or any future approved version) in U. S. customary measurement format. The contract also incorporates additional standardized terms and conditions that consistently apply to this type of construction.

This is an Indefinite Delivery-Indefinite Quantity contract, which allows specific projects to be added via individual project TOs as they are developed.

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

For each individual project, a best-value analysis or a Lowest Price Technically Acceptable (LPTA) determination will be completed. Project-specific pricing and project-specific technical proposals will be requested as described herein. See Section G.

If a fair and reasonable price is negotiated through the individual project proposal process, a TO will be prepared for that specific project. The actual contract value is based on the cumulative amounts of these TOs and any subsequent modifications to them.

If a fair and reasonable price is not reached through the TO proposal process, that individual project will be withdrawn for acquisition separate from this contract. Pricing of individual projects will be firm-fixed price.

Bonding requirements will be included with each TO and will apply only to that specific acquisition. There are no separate bonding requirements for the contract as a whole.

The Government reserves the right to determine whether any specific project is to be made available under this contract. Numerous projects that also use the standard specifications and terms covered under this contract may be acquired separately from this contract. Typical projects that may be contracted separately often involve work that is more specialized in nature [e.g. a project for road striping only, a project that is primarily concrete work, a project that is primarily for asphalt placement, etc.]. Other factors may also influence whether projects are applied under this contract.

C.2 INDIVIDUAL PROJECT LOCATON

Specific work locations will be identified on individual task orders and will be performed in various counties within the Arapaho and Roosevelt National Forests and Pawnee National Grassland, Colorado. Additional work may be performed in neighboring Forest Service lands such as Medicine Bow- Routt (Wyoming), White River (Colorado) and/or Pike- San Isabel (Colorado).

C.3 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-73

(FEB 1988)

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

C.4 FEDERAL HIGHWAY ADMINISTRATION STANDARD SPECIFICATIONS

FOR CONSTRUCTION OF ROADS AND BRIDGES

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

C.5 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

Title Referenced by Contract Clause or Specification NO.

Time of Government Approval After Submittal https://highways.dot.gov/federal-lands/specs

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

Accident Prevention clause

[FAR 52.236-13]

N/A

Engineered Spill Prevention Plan

Landscape Preservation and Hazardous Materials clause in section H

2 days

Fire Plan R6-FS-6300- 55 and Certification that your Fire Tools and Equipment are in full compliance with the contract requirements

R6-FS-6300-52 part 2 in Section J

N/A

Proposed Progress Schedule

Schedules For Construction Contracts [FAR 52.236-15]

N/A

Designation of Representative R6-FS-

6300-6

Superintendence By The Contractor [FAR 52.236-6]

N/A

Drug Free Workplace Policy

Drug-Free Workplace [FAR 52.223-6]

N/A

SF1413 - Statement and Acknowledgement for each

Subcontractor including Owner/Operators and other

Sole Proprietorship Subcontractors [not required for material suppliers]

Subcontracts (Labor Standards) [FAR 52.236-11]

N/A

Payroll Record WH347 Certified Payrolls submitted weekly

Payrolls And Basic Records

[FAR 52.222-8]

N/A

Erosion Control Plan As required by Specifications 7 days

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

Section 100 through 149 of the Standard Specification and all other Standard or supplemental specifications shown in the Specification Listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

C.6 SUBMITTALS

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

1. Date and revision dates.

2. Project name and contract number.

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

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

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

Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C.7 PRODUCTS SAMPLES AND/OR SUBMITTALS

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

C.8 SHOP DRAWINGS

Title Referenced by Contract Clause or Specification NO.

Time of Government Approval After Submittal

Shop Drawings As required by Specifications 7 days

C.9 MATERIALS CERTIFICATIONS AND TESTING REPORTS

Title Referenced by Contract Clause or Specification NO.

Time of Government Approval After Submittal

Product and Material Certifications and Literature

As required by Specifications 7 days

C.10 BIO-PREFFERRED PROGRAM REQUIREMENTS

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

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative

(COR).

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

Operations and Maintenance Penetrating Lubricants Greases Gear Lubricants Pneumatic Equipment Lubricants Fuel Conditioners Gasoline Fuel Additives Hydraulic Fluids Safety Equipment (Protective Helmets)

Construction Dust Suppressants Concrete/Asphalt Release Fluids Asphalt Restorers Asphalt/Tar Removers Traffic/Zone Marking Paints Erosion Control

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

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

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

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

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO clauses in this section.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERNCE (FAR 52.252-2)(FEB 1998)

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

https://www.acquisition.gov/ http://www.biopreferred.gov/ https://www.acquisition.gov/

52.246-12 Inspection of Construction (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location.

(End of clause)

E.3 INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996)

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

E.4 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FAR 52.236-21)

(FEB 1997)

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliant with reasonable and customary manufacturing and construction tolerances.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

52.242-14 Suspension of Work (APR 1984)

F.2 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from date of award through the period specified below:

Period Individual Project Ordering Period Performance Period Award date through 5 years

Task Orders issued prior to the end of the current Ordering Period may provide for work under those Task Orders to be completed at a later date. In order to allow reasonable time for actual construction work, specific project performance periods may extend beyond the Ordering Period by 12 months or no longer than 5 years.

Performance time for all Task Orders will run concurrently within the contract period unless an exception is established by mutual agreement.

*Individual TOs may require much shorter completion periods. The dates shown above are for the purpose of providing a “latest date” limitation under the contract.

F.3 INDIVIDUAL PROJECT TASK ORDER PERFROMANCE PERIOD

REQUIREMENTS.

The following clause [FAR 52.211-10] shall apply to each Individual Project Task Order. A specific completion date and Notice to Proceed date will be included within each TO. The specific days/dates included under a TO will vary considerably. The allowed performance completion period for a TO will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance.

F.4 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fourteen (14) 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 . [For each Individual Project Task Order the Contracting Officer will specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.] The time stated for completion shall include final cleanup of the premises.

The completion date assumes that the successful offeror will receive the notice to proceed by [For each Individual Project Task Order the Contracting Officer will provide an assumed effective date for notice to proceed]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (FAR 52.216-32)

(SEP 2019)

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

USDA Forest Service ATTN: Chief, Procurement Policy Branch Acquisition Management, Washington Office Rosslyn Plaza 1621 N Kent Street, Plaza E, Suite 707 Arlington, VA 22209

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

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

G.2 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND

AWARDING TASK ORDERS

(a) After award of the Request for Proposals (RFP), the individual project proposals and awards shall follow the process established in this section.

It is the Government’s intent to provide each contract Awardee with a fair opportunity to be considered for each individual project. “Awardees” refers to the Contractors receiving awarded contracts under the basic Request for Proposals of the parent IDIQ.

A Contract Specialist from the Issuing Office will be assigned the responsibility for preparation of the individual project package. Whenever practicable, all Awardees shall be provided individual project proposal requests unless compelling reasons dictate otherwise.

(b) Individual Project Proposal Packaging. As they are developed, individual projects will be packaged with all necessary detailed requirements that supplement the basic contract. Supplemental information will be formatted to correlate with the basic contract format. Each project will include the following:

• TASK ORDER form with:

o ISSUING OFFICE shown o PROJECT Section completed including a response time/date

OFFER Section for completion by Offeror

• AWARD Section for later execution by ISSUING OFFICE if awarded

• Section B Bid Schedule with detailed Payment Items, Option Items, quantities and units. Unit prices and amounts for Offeror pricing

• Section C Statement of Work – Project Scope, Project Location, Applicable Standard Specifications

• Section D Packaging, if needed

• Section E Inspection Requirements, if needed

• Section F Performance Time – Completion Date or Days and Notice To Proceed Date

• Section G Government Furnished Property/Facilities/Services and any additional Administrative Information

• Section H Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, additional submittal requirements and other details

• Section I Contract Clauses – added regulatory clauses such as Option clauses

• Section J Attachments o Specification List, Special Project or Supplemental Specifications o Drawings o Current Wage Decision that will apply o Questionnaire for Technical Proposal, if needed o Other Exhibits or Attachments

• Section L Instructions for Offer submission

• Section M Evaluation Factors for Award Determination relating to factors other than price

(c) Individual Project Proposal Requests. Individual project packages will be provided with a specified response date and time. Awardees shall submit their questions related to the project to the assigned Contract Specialist. Submission of written questions may be required. If necessary, a written Amendment to the project package will be issued with an adjusted response date where appropriate.

Individual project proposal requests may require only a price proposal or may also require submission of a technical proposal that is specific to the project.

(d) Individual Project Proposal Submission. Proposals shall be submitted to the issuing office by the specified response date. Proposal submissions shall include:

• Completed and signed “OFFER” section on the TASK ORDER form

• Completed Section B

• Bid Guarantee (20%) if the total offer amount exceeds $150,000.00

• Technical Proposal, if required

Offers are considered firm for 30 calendar days after the response date.

(e) Award Determination of Individual Projects. The method of award determination will be stated in the project TO and will be based either on the best overall value to the Government, price and other factors considered, or the Lowest Price Technically Acceptable (LPTA) depending on the specific requirements of the project. Other factors to be considered will be expressed in the individual project proposal request package. These factors may include one or more of the following:

• Technical Capabilities relating to the specific project (including elements such as Project Sequencing, Scheduling, Resource Availability, and Technical Experience)

• Past Performance History

• Other Factors

(f) Award of Individual Projects. A written award mailed or otherwise provided to an Offeror shall result in a binding TO.

(g) No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.

(h) Bonding of Individual Projects Bonding requirements apply separately to each Individual Project Task Order.

Dollar Threshold Bid Guarantee Individual Project Task Order amounts $35,000 or less

No bid guarantee is required. No bonding is required.

Individual Project Task Order amounts exceeding $35,000 but not exceeding $150,000.

- Refer to FAR 52.228-13 (included in full text in Section I).

No bid guarantee is required. Alternate Payment Protection is required:

100% Payment Bond or 100% Deposit [authorized ILC]

Individual Project Task Order amounts greater than $150,000.00.

- Refer to FAR 52.228-1 (Included in full text in Section I).

- Refer to FAR 52.228-15 (Incorporated by reference in Section I).

20% bid guarantee is required, 100% Payment Bond is required, and 100% Performance Bond is required.

G.3 INDIVIDUAL PROJECT TASK ORDERS

Services to be provided hereunder will be ordered by issuance of a written Individual Project Task Order. Each Individual Project Task Order will refer to this contract and will be subject to all the terms and conditions herein. Each Individual Project Task Order will contain the following information.

• Individual Project Task Order Number

• Date of Order

• Accepted Items

• Award Amount

• Itemized Payment Items, Quantities and Prices

• Individual Project Details to supplement the basic contract Individual Project Task Orders will be firm-fixed price.

The contract minimum amount is offset by the value of awarded Individual Project Task Orders.

Any Forest Service warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract.

G.4 ADMINISTRATION OF INDIVIDUAL PROJECT TASK ORDERS

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project Task Orders placed under the contract, as if each TO was a separate contract.

For example, the clause FAR 52.232-5, Payments Under Fixed Price Construction Contracts requires the final payment to be dependent upon (1) completion and acceptance of all work, (2) a properly executed voucher, and (3) a release of claims. All three of these final payment conditions shall apply to each TO.

As another example, the clause FAR 52.228-15, Performance And Payment Bonds – Construction states, “Original contract price means the award price of the contract…” The term “Individual Project Task Order” and “TO” or “TOs” is substituted in like meaning and effect for “contract” in this clause.

As another example, the clause FAR 52.219-14, Limitations on Subcontracting states, “By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for –

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.”

The term “Individual Project Task Order” and “TO” or “TOs” is substituted in like meaning and effect for “contract” in this clause.

There are numerous other examples where reference to “contract” shall apply as if the term “Individual Project Task Order” or “TO” and “TOs” was substituted. The Contractor shall refer all questions to the Contracting Officer if clarification is needed regarding the application of contract clauses to Individual Project Task Orders.

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

1. Individual Project Task Orders may have separate Contracting Officers, Contracting Officer’s Representatives and Inspectors.

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

3. Individual Project Task Orders will require separate submittals, unless otherwise agreed.

4. Individual Project Task Orders will have separate payments.

G.5 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” This applies in reference to the basic contract, to the Individual Project proposal and award process and to Individual Project Task Orders. The term “bidder” shall be construed to mean “offeror.”

G.6 INDIVIDUAL PROJECT PROPOSAL RESPONSES

After the basic Request for Proposals is awarded Individual Project proposals are requested periodically. These requests will be limited based on the Offer Qualifications and corresponding contract award limitations. It is understood that the Contractor will be balancing their other commercial work with any proposed work under the awarded contract. Nonetheless there is a general expectation that Contractors will respond affirmatively to the majority of Individual Project proposal requests with a reasonable price and performance proposal. Repetitive failure to respond may impact the Award Determination process for future Individual Project proposals.

G.6.1 ON-RAMPING AND OFF-RAMPING GUIDELINES

The Government intends to utilize on-ramping and off-ramping throughout the life of the contract to maintain optimal balance of competition and responsive contract holders.

A. On-ramp. The purpose of the IDIQ On-ramp is to create an opportunity for new, qualified, emerging road maintenance and reconstruction companies, and for incumbent road maintenance and reconstruction companies, to introduce services not available at the time of the award of the initial contract and to compete for additional requirements not identified under the base contract.

The intent of the On-ramp is to foster competition for future requirements for road maintenance and reconstruction services.

The parties mutually agree that the original solicitation, as revised, can be reopened at any time based on the Government’s discretion and may result in the award of additional contracts under the IDIQ. On-ramping will not occur when less than a year remains on the IDIQ’s ordering period. If the Government reopens the solicitation, new and current IDIQ Contractors will be allowed to submit proposals within the notice’s stated response time.

The minimum contract requirements, the technical acceptability standards, evaluation factors, solicitation terms and conditions, price reasonableness, and basis for award shall remain in full force and effect for each new proposal. Upon award of each additional contract, the Government shall notify all present Contractors of the award, and the new Contractor(s) shall thenceforth be eligible to compete with all present Contractors for the award of IDIQ task orders. New road maintenance and reconstruction categories may be introduced by the Government when appropriate.

The Forest Service reserves the right to consider, in the future, expansion of the categories covered by the base IDIQ contract by properly soliciting offers from all interested sources capable of meeting the requirements in the expanded performance capabilities.

B. Off-ramp. If a Contractor becomes unresponsive (or non-performing), the Government reserves the unilateral right to off-ramp the unresponsive Contractor or otherwise exclude them from further competition. Such action will only be imposed after careful consideration of the situation and collaboration with the Contractor to resolve the issues. To off-ramp an unresponsive Contractor, the Government must first send a letter, in writing, to the Contractor regarding the poor performance or non-compliance issue(s). The Contractor shall have reasonable time, at the discretion of the Contracting Officer (CO), to provide the Government with a remediation plan to correct the deficiencies. If the CO is satisfied with the plan, then the Contractor may not be placed in an unresponsive status. If the CO is not satisfied with the remediation plan or the plan is not effective, the CO may issue a final decision, in writing, placing the Contractor in unresponsive status and subsequent off-ramping.

Contractors are expected to participate in all task order solicitations. If, for any reason, an awardee cannot participate in a competition, the awardee shall provide written notice to the Government for the reasons of non-participation prior to the solicitation due date. Participation will be tracked and monitored by Government personnel and written notices will be used to make determinations on unresponsiveness and potential off-ramping. In addition to responsiveness rate (as defined above), Contractor Performance Assessment Reporting System (CPARS) ratings will be heavily scrutinized by the Government in determining whether an awardee is eligible to compete on future awards. Any number of Marginal or Unsatisfactory CPARS ratings on task order performance is justification for off-ramping. Off-ramping will be accomplished by implementing either a termination for convenience or a termination for default;

in the event that the Government determines that termination is not the most advantageous means of off-ramping (for example, if less than a year remains on the ordering period), then the Contracting Officer may provide written notice to the unresponsive Contractor that they will be excluded from consideration of further award through the remainder of the contract.

All decisions regarding the use of on-ramping and off-ramping procedures for this IDIQ rests with the Administrative Contracting Officer (ACO).

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Season Time Frame

Normal work season June through October Restricted work season (due to heavy precipitation)

October through May

Normal fire season June through October

(c) Transportation facilities providing access to the site are identified elsewhere herein.

H.3 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS AND OTHER

DEVICES

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail.

H.4 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H.5 EXCAVATION

All excavation is non-classified.

H.6 BLASTING

The Contractor shall comply with State and Federal laws regarding transportation, storage, and use of explosives. The Contractor shall post a watchperson at a safe distance on all approaches to a blasting area on all approaching roads, trails, or waterways.

Operational limitations for detonation of explosives will be shown under Individual Projects.

Prior to the start of any blasting activities the contractor shall prepare and provide a safety plan for the activities involved that is consistent with the State OSHA regulations.

H.8 CONSTRUCTION STAKES, LINES AND GRADES

(a) The Forest Service will establish controls as shown on the plans. Any Forest Service established control points [if provided] including but not limited to flagging, wire flags, hubs or stakes shall constitute the field control from which the Contractor shall execute the work and shall be left in place until the Inspector or COR approves their removal.

(b) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the drawings or stated in the specifications. This work is incidental to the pay items.

(c) If any Government furnished construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the COR. If these points are destroyed or displaced due to Contractor's negligence or operation, the cost for replacing them will be charged to the Contractor.

(d) In case of any construction changes, the Contractor shall cooperate with the COR and facilitate the prompt reestablishment of the field control for the adjusted work.

H.9 HAZARDOUS CONDITIONS SAFETY PLAN

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

• Tree felling

• Blasting

• Temporary excavation / deep trenching / slope stability

• Fall hazard from work heights exceeding six feet

• Traffic control on high-volume and/or high-speed and/or limited visibility roads

• Heavy equipment operation

• Confined space entry

• Tree climbing and/or tower climbing

• Fire hazards

• Hazardous materials handling

• Electrical hazard

• Hydraulic and/or pneumatic and/or other high pressure hazards

• Mechanical hazards such as pulleys, springs etc.

H.10 AIRCRAFT USE

The Contractor shall advise the Contracting Officer of any intent to utilize aircraft in the performance of this contract at least 30 calendar days prior to planned use. Special requirements will apply to all work associated with aircraft, including compliance with a Project Aviation Safety Plan and current Forest Service guidelines for aviation management.

H.11 MOISTURE SENSTIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture and will require careful selection and scheduling to permit efficient operation. Any damage resulting from operations which renders the material unsuitable for use or results in potential siltation of streams will be corrected by the Contractor at its expense.

H.12 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, et cetera) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Upon request by the Contracting Officer, equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H.13 SPECIAL REQUIREMENTS FOR WATER DRAFTING EQUIPMENT

Water drafting equipment may be used only at water sources designated on the Vicinity Map or approved by the Contracting Officer. Such equipment shall include a screen around the intake (foot valve) with openings no larger than 3.2 mm (one-eighth inch). Materials must be readily available and appropriate measures taken to prevent petroleum products from entering the water source.

H.14 HAZAEDOUS MATERIAL SPILL CLEAN-UP KIT

A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site. Spill clean-up kits shall contain the following items as a minimum:

• 1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil and fuel

• 1 gallon "Plug-a-Dike" or equivalent material

• A nineteen liter (five-gallon) mixing container

• 20 meters of 150 mm absorbent, floating booms for absorbing hydraulic fluid, engine oil and fuel from a water surface.

H.16 ROAD USE AND MAINTENANCE

The Contractor is authorized to use roads shown in the Special Project and Supplemental Specifications and the following Road Listing for performance of work under this contract subject to the maintenance requirements and use limitations shown.

ROAD LISTING AND USE LIMITS:

The Contractor is authorized to use those currently open Forest Service roads providing the most direct route to or between the specified project sites for the purpose of access and haul.

Other limitations, if applicable, will be shown with Individual Project requirements.

If the Contractor requests use of a National Forest road or road segment not listed above, the Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

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

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

H.17 PROTECTION OF BOTANICAL RESOURCES

Previously unknown or unlisted populations of threatened, endangered and sensitive species (TES) plant species, or potential habitat for TES species, may be located within contract project boundaries. The modification of contract specifications may be required to protect previously unknown TES plant populations.

(a) Government's Responsibility – The Government will identify, as they become known, locations of TES species that the Contractor could encounter in the progress of work under this contract.

(b) Contractor's Responsibility – The Contractor shall protect these areas that contain TES species, as directed in writing by the Government.

H.18 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands.

Cleaning shall consist of the removal of all dirt, grease, debris and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization.

Inspections will take place at mutually agreeable en route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

• Spotted knapweed (Centaurea maculosa)

• Rush skeletonweed (Chondrilla juncea)

• Loosestrife (Lythrum salicaria)

• Scotch broom (Cytisus scoparius)

• Diffuse knapweed (C. diffusa)

• Yellow gorse (Ulex europaeus)

• Tansy ragwort (Senecio jecobaea)

• Purple distaff thistle (Carthamus lanatus)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H.19 ROAD USE AND MAINTENANCE

USE OF ROADS

(a) The Contractor is authorized to use roads that are listed for access as shown with Individual Project Requirements.

Road Number

Name Termini Description of Authorization Restrictions or Requirements (See Road Rules)

Maintenance Required

If the Contractor requests use of a National Forest road or segment not designated for use, the Forest Service may authorize such use if not in conflict with the current Road Rules Document

Authorization to use such additional roads may include maintenance requirements and use

The roads authorized for use are subject to the following provisions:

1. The Road Rules in the current Arapaho and Roosevelt National Forest and Pawnee National Grassland Road Rules Document are applicable to all commercial road users.

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

3. Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State or Forest Service…