1284M820R0005 FACILITIES RFP.pdf

REGION 4 REGIONAL OFFICE AQUISTION INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION 4 ACQUISITION

1249 S VINNELL WAY, SUITE 200

BOISE, ID 83709

SOLICITATION NO. 1284M820R0005

OFFERS ARE SOLICITED FOR: Multi-Trade Facilities Construction, Repair, and Remodel (IDIQ)

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1449 - Request For Proposal and attached documents: (Review, complete, date, and sign)

2.Section B - Schedule of Items: (Complete Location and Option Year Coefficients.

3.Section M - Technical Proposal: (Evaluation Factors Section)

4.Section L - Instruction to Offerors (AGAR 452.237-71 Pre-Bid/Pre-Proposal Teleconference Schedule)

5.Section K - FAR 52.209-11 & FAR52.209-13: Please complete and return with proposal.

Email proposal package to: rebecca.martinez@usda.gov

IT IS REQUIRED FOR THE SOLICITATION NO. BE CLEARLY IDENTIFIED ON ALL DOCUMENTS.

Please keep a copy of your quote for your records.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN SAM (SYSTEM FOR AWARD

MANAGEMENT) DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE

52.204-7 CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION.

rebeccamartinez Highlight

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)

995579

INTERMOUNTAIN REGION

324 25TH STREET

OGDEN UT 84401

84M8

REBECCA MARTINEZ 208-373-4231

1x 06/02/2020

1284M820R0005

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

Intermountain Region Multi-Trade Facilities Construction, Repair, and Remodel (IDIQ)

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

07/03/2020

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

INTERMOUNTAIN REGION

324 25TH STREET

OGDEN UT 84401-2399

84M8

REBECCA A. MARTINEZ

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1284M820R0005

Delivery: 365 Days After Award

Delivery Location Code: 84M8

INTERMOUNTAIN REGION

324 25TH STREET

OGDEN UT 84401 US

Intermountain Region Multi-Trade Facilities

Construction, Repair, and Remodel (IDIQ)

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

Sponsored by GSA

FAR (48 CFR) 53.110

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Multi-Trade Facilities Construction, Repair, and Remodel (IDIQ) Intermountain Region 4

This is an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) that will be effective for a base period, and, at the option of the government, for four (4) additional one-year option periods. This Multiple Award Task Order Contract is for routine, recurring, or emergency facility maintenance, renovation, repairs, minor site work, and minor construction projects that require minimal design within Intermountain Region 4 (hereafter referred to as R4). Forests within R4 are in the states of Idaho, Nevada, Utah, and Wyoming.

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

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,500.00 but not in excess of $1,400,000.00

AGAR 452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $7,000,000.00 for base and any exercised option years. The contractor shall not make any expenditures over this amount, except at the Contractor’s own risk.

1284M820D0005

Schedule Of Items – Base Year

Item No. Description Location Coefficient

Huboldt-Toiyabe National Forest

1.1 Supervisor’s Office, Sparks NV

1.2 Carson Ranger District, Carson City NV

1.3 Bridgeport Ranger District, Bridgeport, CA

1.4 Sierra Front Interagency Fire Dispatch Center, Carson City, NV

1.5 Spring Mountains National Recreation Area, Las Vegas, NV

1.6 Austin Ranger District, Austin, NV

1.7 Tonopah Ranger District, Tonopah, NV

1.8 Ely Ranger District, Ely, NV

1.9 Mountain City Ranger District, Elko, NV

1.10 Ruby Mountains/Jarbridge Ranger Districts, Wells, NV

1.11 Santa Rosa Ranger District, Winnemucca, NV

Ashley National Forest

2.1 Supervisor’s Office, & Vernal Ranger District, Vernal, UT

2.2 Flaming Gorge National Recreation Area, Manila, UT

2.3 Dutch John Office, Dutch Joh, UT

2.4 Green River Office, Green River, WY

2.5 Duchesne/Roosevelt Ranger Districts, Duchesne, UT

2.6 Roosevelt Office, Roosevelt, UT

Dixie National Forest

3.1 Supervisor’s Office, Cedar City, UT & Cedar City Ranger District

3.2 Pine Valley Ranger District, St. George, UT

3.3 Powell Ranger District, Panguitch, UT

3.4 Escalante Ranger District, Escalante, UT

Fishlake National Forest

4.1 Supervisor’s Office & Richfield Ranger District, Richfield, UT

4.2 Fillmore Ranger District, Fillmore, UT

4.3 Beaver Ranger District, Beaver, UT

4.4 Loa/Teasdale Ranger District, Loa & Teasdale, UT

Manti-La Sal National Forest

5.1 Supervisor’s Office & Price Ranger District, Price, UT

5.2 Sanpete Ranger District, Ephraim, UT

5.3 Ferron Ranger District, Ferron, UT

5.4 Moab Ranger District, Moab, UT

5.5 Monticello Ranger District, Monticello, UT

Uinta-Wasatch-Cache National Forest

6.1 Supervisor’s Office, Provo, UT

6.2 Heber Ranger District, Heber City, UT

6.3 Pleasant Grove Ranger District, Pleasant Grove, UT

6.4 Spanish Fork Ranger District, Spanish Fork & Nephi, UT

6.5 Supervisor’s Office & Salt Lake City Ranger District, Salt Lake City, UT

6.6 Kamas Ranger District, Kamas, UT

6.7 Evanston Ranger District, Evanston, WY

6.8 Logan Ranger District, Logan, UT

Boise National Forest

7.1 Supervisor’s Office & Lucky Peak Nursery, Boise, ID

7.2 Mountain Home Ranger District, Mountain Home, ID

7.3 Idaho City Ranger District, Idaho City, ID

7.4 Cascade Ranger District, Cascade, ID

7.5 Lowman Ranger District, Lowman, ID

7.6 Emmett Ranger District, Emmett, ID

Bridger-Teton National Forest

8.1 Supervisor’s Office, & Jackson Ranger District, Jackson, WY

8.2 Kemmerer Ranger District, Kemmerer, WY

8.3 Big Piney Ranger District, Big Piney, WY

8.4 Greys River Ranger District, Afton, WY

8.5 Blackrock Ranger District, Moran, WY

8.6 Pinedale Ranger District, Pinedale, WY

Caribou-Targhee National Forest

9.1 Supervisor’s Office & Palisades Ranger District, Idaho Falls, ID

9.2 Ashton/Island Park Ranger District, Ashton & Island Park, ID

9.3 Dubois Ranger District, Dubois, ID

9.4 Montpelier Ranger District, Montpelier, ID

9.5 Soda Springs Ranger District, Soda Springs, ID

9.6 Teton Basin Ranger District, Driggs, ID

9.7 Westside Ranger District, Pocatello, ID

Payette National Forest

10.1 Supervisor’s Office & Krassel & McCall Ranger Districts, McCall, ID

10.2 Council Ranger District, Council, ID

10.3 New Meadow Ranger District, New Meadows, ID

10.4 Weiser Ranger District, Weiser, ID

Salmon-Challis National Forest

11.1 Supervisor’s Office & Salmon/Cobalt Ranger District, Salmon, ID

11.2 North Fork Ranger District, North Fork, ID

11.3 Challis, Middle Fork & Yankee Fork Ranger Districts, Challis, ID

11.4 Leadore Ranger District, Leadore, ID

11.5 Lost River Ranger District, Mackay, ID

Sawtooth National Forest

12.1 Supervisor’s Office, Twin Falls, ID

12.2 Minidoka Ranger District, Burley, ID

12.3 Ketchum Ranger District, Ketchum, ID

12.4 Sawtooth National Recreation Area, Ketchum, ID

12.5 Fairfield Ranger District, Fairfield, ID

OPTION YEAR COEFFICIENTS Option Year Coefficient

13.1 Option One (October 1, 2021 – September 30, 2022)

13.2 Option Two (October 1, 2022 – September 30, 2023)

13.3 Option Three (October 1, 2023 – September 30, 2024)

13.4 Option Four (October 1, 2024 – September 30, 2025)

OFFEROR’SCOMPANY INFORMATION:

Name of Company: _______________________________________

DUNs Number: __________________________________________

Printed Name of Company POC: ____________________________

Phone Number: __________________________________________

E-Mail Address: __________________________________________

Offeror’s shall submit:

• Task Order Location Coefficient for each location within a National Forest. Offeror’s may submit coefficients for one or more National Forests, Offeror is required to provide pricing on all Districts within a single National Forest to be considered. Offeror is not required to submit for all National Forests. Offeror shall insert N/A on lines they do not want to be considered for. Offeror will only be considered for Task Orders on those National Forests for which coefficients are provided and contract awarded.

• Option Year Coefficient.

• Sample Project pricing using Attachments B and C.

It is anticipated that multiple awards will be made. Failure to comply with the instructions may render your proposal incomplete and ineligible for possible contract award. The Government anticipates making 2-3 three awards per Forest. The contractor may submit lower coefficients on individual task orders.

Flat Fee Schedule

a. Operation and Maintenance Manuals: The Contractor shall be allowed a flat fee of $200.00 for each manual per discipline (3 copies) if required by Task Order.

b. As-Built-Drawings: The Contractor shall be allowed a flat fee of $350.00 for each set of drawings (3 copies) as required by Task Order.

c. Permits and Fees: The Contractor shall be allowed a reimbursement fee of actual cost for any permits required by the Task Order. Contractor shall submit proof of cost for permits and fees.

Location Coefficients

The Location Coefficients are listed in THE SCHEDULE OF ITEMS and are proposed by the offeror. Due to the wide geographic distribution of potential Task Orders and the possible variability in cost based on location of the work, THE SCHEDULE is broken down into Individual Forests. Within the proposed Forest the offeror shall propose a Location Coefficient for each Ranger District within that Forest and shall cover all facilities within the Administrative Area/Boundary of that District. Information regarding National Forest Boundary maps may be found at http://www.fs.fed.us/maps/forest-maps.shtml.

The coefficients are proposed as a percentage (in decimal format) increase or decrease to the base pricing. For example, a coefficient of 1.2 would result in an additional 20 percent to the bid price; 0.9 would result in a 10 percent decrease of the bid price, and 1.00 would leave the unit price as your proposed. The offeror shall limit the Coefficients to three decimal places. The offeror shall propose an Option Year Coefficient for each option year. The offeror’s Coefficients must be all inclusive and shall include, but is not limited to, the following costs:

1. Overhead

2. Profit and risk

3. Bond premiums

4. Social security contributions

5. General insurances

6. Workman’s compensations insurance

7. State unemployment insurance

8. Federal unemployment insurance

9. Mobilization and demobilization costs

10. Site cleanup

11. Supervision

12. Quality control

13. Transportation of contractor’s personnel to, from, and within the job site

14. Lodging and per-diem

15. Adjustment factors to account for small jobs

16. Incidental tools and equipment

17. Submittals (unless noted otherwise)

18. Task Order preparation costs

19. Any markups for materials and all contingencies

Work Hours

Standard Work Hours: The Contractor shall normally perform tasks during the standard working days of Monday through Friday, except for Federal Holidays, and the standard working hours of 7:30 a.m. through 4:30 p.m. The Contractor may elect, at his option, to workdays/hours other than the normal working days/hours provided that:

1. The request is submitted to the COR for approval, AND

2. The Contracting Officer approves the request.

Such hours will be considered priced as performed during standard working days/hours, unless otherwise stated in the applicable Task Order.

Non-Standard Work Hours: Non-standard workdays/hours are those days/hours not included in the definition of “Normal or Standard Work Hours” (the period from 4:30 p.m. through 7:30 a.m., Monday through Friday;

Saturday, Sunday, and Federal Holidays). Items of work to be accomplished during non-standard hours will be clearly identified in Contractor technical/cost negotiated proposals, indicating justification for the request.

Pricing Structure for individual Task Orders (See Attachment B cost proposal form).

Individual task orders have broad cost categories that shall be lump sum quantities on Attachment B. The contractor may be required to provide detailed costing information upon request of the CO on individual task orders. The task order cost proposal is broken down into the following categories and a description of what should be included in detailed costing information for each line item is included:

A. Material Costs: Costs of actual materials based to complete the task order work. Materials costs shall be broken down to include quantities and unit price. Materials shipping costs are included in this item.

B. Labor Costs: Minimum rates are determined from applicable Davis Bacon Wage Determinations.

Labor costs reflect productivity based on actual working conditions. These figures include time spent during a normal workday on tasks other than actual installation, such as material receiving and handling, mobilization at site, site movement, breaks and cleanup.

C. Equipment Costs: Include not only rental, but also operating costs for equipment under normal use.

The operating costs include parts and labor for routine servicing such as repair and replacement of pumps, filters, and worn lines. Normal operating expendables such as fuel, lubricants, tires and electricity are also included.

D. Subcontracted Costs: Subcontracted items shall be listed individually. Examples include Electrical, Plumbing, HVAC, etc. Detailed costing information shall include the items listed above upon request (material, labor, and equipment).

STANDARD WORK

Firm-Fixed Price Task Order Example: The following sample calculations illustrate the use of the coefficients.

ALL coefficients and dollar figures are fictitious.

Total Bare Cost (Labor, Material and Equipment, Subcontracted) $10,000.00 Location Coefficient –Line 7.01 Boise SO @ 102%(1.02) Option Year Coefficient –Line 13.03 Option Year 3 @ 1.03

TOTAL TASK ORDER PRICE $10,506.00

(($10,000.00 x 1.02) x 1.03 = $10,506.00

DEFINITIONS

(a) Task Order Contracting: A type of indefinite delivery / indefinite quantity (IDIQ) construction project delivery method. Contract pricing includes a combination of pre-established unit prices and competitively bid coefficients. MATOC is an acronym for Multiple Award Task Order Contract.

(b) Task Order: A project-specific authorization to accomplish the work. Multiple Task Order s are issued to the MATOC contractor throughout the term of the contract.

(c) Task Order Project Description: The government’s complete description of work to be accomplished via a Task Order. The description will include a scope of work, applicable specifications, and any necessary engineering plans or standard details.

(d) Task Order Request for Proposal: The government’s notification to the Contractor of an upcoming project.

The Request for Proposal contains the Project Description, and the requested timelines and dates for accomplishment of the work.

(e) Task Order Price Proposal: The Contractors fixed price proposal for an individual Task Order based upon the Project Description and other information contained within the Request for Proposal. The Price Proposal will include all line items of work that are necessary for completion of the project and have supporting pricing documentation upon request. The Price Proposal must be mutually accepted by the Government prior to Task Order authorization.

(h) Location Coefficient: This coefficient is intended to allow the Contractor to more competitively propose by accounting for the variation of construction cost within each of the communities across each Forest. For this contract, location coefficients are to be provided on each Forest District or combinations of Districts as shown in the Schedule of Items.

(i) Option-Year Coefficient: This coefficient will be used only if or when the Government exercises the option year clause within the contract. Rather than re-propose all of the location coefficients, a single option year coefficient will be applied in applicable option years. No coefficient is proposed in the first or base year of the contract. Coefficient(s) for option periods serve as an economic price adjustment to the Contractors indirect costs. Example: Base Cost x Location Coefficient x Option Year Coefficient = Total Task Order Price

(j) Task Order Quality Control Plan: A written plan that addresses all aspects of quality control on an individual Task Order. The QA/QC plan must include contact information for the contractor’s QA/QC inspector, a list of all applicable inspection and testing, and procedures for documenting any corrective action.

(k) Task Order Work Schedule: The Government will recommend a timeline for completion of each Task Order. The Contractor must submit a Task Order Work Schedule as a component of each Task Order Proposal.

As with the Price Proposal, the Work Schedule must be mutually agreed upon prior to authorization of a Task Order.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SEE ATTACHMENT A FOR STATEMENT OF WORK DETAILS

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

https://www.acquisition.gov/content/regulations

AFAR 452.211-72 Statement of Work/Specifications (FEB 1988) AFAR 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988)

1284M820D0005 http://farsite.hill.af.mil/vffar1.htm

SECTION D – PACKAGING AND MARKING

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

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

SECTION E--INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to:

(a) Commence work on any Task Order in accordance with the start date annotated on the Notice to Proceed.

(b) Prosecute the work diligently, and

(c) Completion of the entire work ready to be determined by the individual task orders. The time stated for completion shall include final cleanup of the premises.

FAR 52.211-12 Liquidated Damages – Construction (SEP 2000)

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

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

SECTION G--CONTRACT ADMINISTRATION DATA

FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (SEP 2019

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

Ombudsman: Gavin Smith Address: 117 S. Main Street/Heppner, OR 97836 Phone #: 541-799-3632 Email: gsmith@usda.gov

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

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

(End of clause)

AGAR 452.215-73 Postaward Conference (Nov 1996) A post award conference with the successful offeror is required. The conference will conducted upon award of contract at a time and location agreeable to the Contractor, COR, and CO. A separate conference will be conducted upon the award of a Task Order and will be held with the CO, COR and the Contractor. The conference will be held at a location and on a date to be negotiated between the CO, COR and Contractor.

Contracting Office The Regional 4, Intermountain Region Office of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number.

Contracting Officer: USDA-FS Attn: Becky Martinez Intermountain Region Office/Boise Office 1249 S. Vinnell Way, Suite 200 Boise, ID 83709

Contracting Officer’s Representative The awarded base contract will have a Contracting Officer’s Representative (COR) designated by appointment letter. Each awarded task order may have an individual COR designed by appointment letter.

Invoices The vendor will provide an invoice for payment as outlined in the task orders (i.e., thought the Invoice Processing Platform (IPP)). Each invoice will contain the following information:

1. Name of Contractor

2. Contractor Address

3. Contractor Phone Number

4. Contract Number

5. Date of Delivery or Receipt

6. Itemized List of Supplies or Services Furnished

7. Quantity, Unit Price, and Applicable Discounts

8. Signature of Person Receiving Supplies or Services

1284M820D0005 https://www.govinfo.gov/content/pkg/USCODE-2017-title41/html/USCODE-2017-title41-subtitleI-divsnC-chap41-sec4106.htm

An invoice shall be submitted after each transaction stating total dollar value, supported by receipt copies. The information will be the responsibility of the contractor. Failure to provide this information will result in delayed payment.

Authorized Ordering Official Officials of the Forest Service authorized to issue Task Orders under this contract shall be Contracting Officers of the 1102 Series having the warrant level or authority required for approvals within the Intermountain Region.

Task Order Quality Control Plan The Contractor shall develop a Quality Control Plan for each Task Order when required by the scope of work, drawings, or specifications of each Task Order. The plan should identify each major task to be performed. For each major task the plan should identify a quality standard that can be used to determine that the task has been successfully accomplished in full compliance with the requirements of this contract. For larger projects the plan may require periodic inspections, tests, or certifications.

Job Work Schedule A Task Order Work Schedule shall define the overall time required to perform the identified work. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Task Order Work Schedule. Submit any requests to modify the Work Schedule, in writing to the Contracting Officer with an explanation for the deviation.

Subcontract Data The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.

Site Superintendent It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters pertaining to individual Task Orders under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The skills and qualifications of the designated site superintendent for each Task Order will be part of each Task Order submittal and negotiations. The site superintendent shall be responsible for on-site Quality Control and shall sign all Task Order submittal transmittal sheets.

Site superintendent shall maintain on site a file containing the following project documents.

• Executed Task Order (Task Order Request, Price Proposal)

• Contract Drawings

• Contract Specifications

• Quality Control Plan – (up to date)

• As-Built Drawing – (up to date) if required

• Work Orders

• Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

Task Order Award Process As the need exists for performance under the terms of this contract, any warranted Contracting Officer within the Intermountain Region, or authorized representative, may notify the Contractor of an existing requirement and provide the Contractor with a Task Order Request; an example is provided in Section J. Additional specifications will be provided with the Task Order Request, as the Government deems necessary. Task Order s may be transmitted to the Contractor via mail, e-mail, or facsimile.

Upon the receipt of a Task Order Request form from the Government, the Contractor shall prepare a Task Order Proposal containing the following documents and information:

1) Copy of the initial Task Order Request form with notation as to any items changed through negotiation (this will become the description of Work defining the quality and scope of work)

2) Task Order Price Proposal Form

3) Product Submittals as appropriate

4) Task Order Work Schedule

5) Task Order Quality Control Plan

6) Special Conditions or Reservations

7) Name of Proposed Subcontractor(s)

8) Name of Site Superintendent

9) Performance and Payment Bonding – In accordance with FAR 52.228-15, the Contractor shall obtain performance and payment bonds to cover the total amount of each Task Order within ten (10) days of receiving an order if required. Task Orders for Government Estimates greater than $30,000 and less than $150,000 will require Alternative Payment Protection bonding. Task Orders estimated to be greater than $150,000 will require payment and performance bonds. (See FAR 52.228-15 & FAR 52.228-13) Since the bond premiums is repaid through the coefficient and the coefficient is paid as an indirect cost under progress payments there will be no separate repayment(s) for bond premiums.

Under this Indefinite-Delivery, Indefinite Quantity Contract, Contractors that are deemed to be most qualified, and receive an initial contract under this solicitation are eligible to compete for individual task orders issued under the Multiple Award Task Order Contract (MATOC). Contractors will not be required to propose on every task order request if they have reached their maximum dollar limit, in accordance with Contract Clause 52.216-19, Order Limitations, or if they have received prior approval from the Contracting Officer. It is the responsibility of each contractor to provide justification to the Contracting Officer when not providing a proposal for task order request. This is a multiple award task order contract. Task Order Request shall be competed among all awardees to the maximum extent practicable.

A Contractor that fails to perform on current or past Task Orders or who becomes over committed may not receive additional tasks.

Each Task Order Price Proposal shall include all costs, including subcontractor costs (refer to Section B).

Upon request by the Contracting Officer, the additional pricing documentation of the Contractor’s Task Order Price Proposal shall be prepared in sufficient detail to allow the Contracting Officer to conduct a thorough review and evaluation. Upon receipt of the Contractor’s Task Order Price Proposal, the Government will review the proposal for completeness. The Government will negotiate with the Contractor when the proposed quality or level of work varies from what the Government desires. After agreement is reached, the Contracting Officer will issue a Task Order for performance of work.

Site visits/Scoping, if necessary, in the development of a Task Order Price Proposal will be considered as incidental to the work and included in the Contractor’s Coefficient as offered. It is the Contractor’s responsibility to perform accurate scoping to identify all tasks required to accomplish the work, including job conditions, construction aids, equipment, and material applications.

Upon receipt of the Contractor(s) Task Order Price Proposal(s), the Government will evaluate all proposals received for completeness and compliance with the project requirements. The Government may award without discussions. Award of a task order will be made based on the evaluation criteria included in the Task Order Request.

Award of Task Orders A Task Order is the contractual instrument issued by the Government to the Contractor to order work. The Task Order is issued upon agreement between the Government and the Contractor on the scope of work, performance time, and the fixed price for the work. Acceptance is indicated when signatures of both the Contractor and the Contracting Officer have been placed on the Task Order. Each individual numbered Task Order becomes a lump sum fixed priced contract. Contractors are bound to accept Task Orders within the ordering limitations defined in the ordering clauses provided the Task Order is in compliance with the contracts scope and intent. If the Contractor declines a Task Order, a written request shall be sent to the Contracting Officer describing how the Task Order Request fails to comply with this contract.

The Contracting Officer will award Task Orders for work within a Forest to the Contractor awarded that Forest.

The Government reserves the right to award Task Orders to a Contractor in an adjacent Forest if the Government has determined that the Contractor is failing to perform on current or past Task Orders or is over committed. All Task Orders are deemed to include and be subject to the terms and conditions of this contract.

In the event of conflict between a Task Order and this contract, the contract shall control.

The Government reserves the right to issue Task Order’s unilaterally or re-issue the Task Order Request to a Contractor from an adjacent Forest if prior negotiated agreement to the terms of that order cannot be reached before the date that the Contracting Officer determines that prosecution of work must begin.

If a Contractor is awarded multiple Task Orders, work shall be completed concurrently unless otherwise specified in a Task Order.

Post-Award Conference meetings for individual Task Orders may be held prior to start of work if deemed necessary by the Government.

Task Order Modifications Only changes in the Scope of Work constitute the issuance of Modifications to Task Orders. It is the Contractors responsibility to identify and verify all items required to perform the projects scope of work.

Modifications are issued pursuant to specific standard clauses contained in the basic contract. If a modification to a Task Order is required, the Contractor shall submit a detailed cost proposal in the same manner and form as required for the initial scope of work.

Modification proposals to Task Orders shall be premised on an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment and overhead at both the prime and subcontractor levels and must cover all work involved whether such work was deleted, added or changed. If a proposal includes a request for a time extension, clearly show the effect of the modification/change on the construction schedule including which activities will be impacted, the extent of the impact, and an explanation of why the remainder of the schedule can't be adjusted to reduce this impact.

Submit modification proposals appended to the original Task Order Price Proposal in the format provided; in order to keep the original contract intact, original line items shall not be modified. If quantities of the original

Task Order are to be changed, show as a separate line item in the modification section of the Task Order Price Proposal.

Evaluation of Contractor Performance The Contractor’s performance will be evaluated upon completion of each Task Order of over $250,000 or when determined to be in the best interest of the Government. Additionally, an annual overall performance evaluation will be completed and posted in the National Institute of Health Contractor Performance System. The Contractor may be required to submit to the Contracting Officer a written plan to remedy any identified deficiencies.

Information on CPARS is available at https://www.cpars.gov

Failure to sufficiently meet performance requirements and goals may prompt the Government to stop issuing Task Order Requests for the remainder of the term of the contract and the Government may make a determination to not exercise the option years.

https://www.cpars.gov/

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CLAUSES INCORPORATED BY REFERENCE

AGAR 452.236-77 Emergency Response (NOV 1996)

CLAUSES INCORPORATED BY FULL TEXT

AGAR 452.236-72 Use of Premises (NOV 1996)

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

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

(End of Clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(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.

Program Management Interface It shall be the responsibility of the Contractor to provide a responsible Project Manager to represent the Contractor in all matters pertaining to work under this contract. The Project Manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. They shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours. If during the term of this contract, the Contractor changes or replaces the Project Manager, approval by the Contracting Officer is required.

Conformity with Drawings and Specifications 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 compliance with reasonable and customary manufacturing and construction tolerances.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

CLAUSES INCOPORATED BY REFERENCE

52.202-1 Definitions (JUL 2004) 52.202-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-13 Contractor Code of Business Ethics & Conduct (DEC 2008) 52.203-14 Display of Hotline Poster(s) (DEC 2007) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records - Negotiation (JUN 1999) 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (AUG 2018) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (JUN 2007) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-30 Davis Bacon Act – Price Adjustment (None or Separately Specified Method) (DEC 2001) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (AUG 2007) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) ALT I (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity - Construction Contracts (DEC 2007) 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 (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-13 Alternative Payment Protections (JUL 2000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds-Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) 52.233-1 Disputes (JUL 2002) ALT I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-1 Performance of Work by the Contractor (APR 1984) 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 (APR 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) ALT I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) ALT I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (JAN 2019) 52.246-21 Warranty of Construction (APR 1984) 52.248-3 Value Engineering - Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) ALT I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-71 Insurance Coverage (NOV 1996) 452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

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 Order s by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Contract Award through one year after competion date of parent contract.

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

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

(End of clause)

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 $1,500,00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $1,400,000.00;

(2) Any order for a combination of items in excess of $7,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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…