REQUEST_FOR_PROPOSAL_1291S819R4004_RM_SOUTH_IDIQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

91S8

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

237310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/28/2019 1400 PT

05/03/2019

707-562-8756JEREMY BEDNER

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1291S819R4004

5. SOLICITATION NUMBER

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

1 63 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$36.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Road Maintenance IDIQ. For the Region 5 Southern Area National Forests. The Forests included Cleveland, San Bernardino, Angeles, and Los Padres.

The Government estimates up to eight (8) awards.

Contract performance will be for five (5) years from the date of award. The guaranteed minimum for the contract life is $2500.00. The cumulative number of task order awards against this contract shall not exceed the aggregate amount of $20M.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

JEREMY B. BEDNER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Projects will be incorporated into the contracts by Individual Project Task Orders will be solicited on a competitive basis. Requirement of

Payment and Performance Bonds will be applicable to the Individual Project Task Orders.

This acquisition is 100% set-side for small business concerns.

Period of Performance: 07/01/2019 to 06/30/2019

001 Road Maintenance IDIQ Southern Area Forests 1 JC

Five (5) Year Contract

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 07/01/2019 to 07/01/2024

This IDIQ contract shall not be a requirement contract. The Government has the right to not award against the IDIQ when deemed to be in the best interest of the Government.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

63 2 of

Solicitation RFP no. 1291S819R4004

Road Maintenance IDIQ Southern Area Forests

SECTION A – SOLICITATION/CONTRACT FORM

NOTE: OFFERORS MUST COMPLETE AREAS OF CONSIDERATION NOS. 1 & 2 AND RETURN WITH PROPOSAL.

AREAS OF CONSIDERATION

1. LOCATIONS OF WORK - Contractors shall place a mark by all location(s) they desire to be considered for award of individual IDIQ projects. Contractors will be provided a fair opportunity to compete for task orders at those locations checked within the dollar range indicated below if awarded an IDIQ contract. The Government estimates to award eight

(8) contracts pursuant to this solicitation.

Angeles National Forest Cleveland National Forest Los Padres National Forest San Bernardino National Forest

2. DOLLAR VALUE OF PROJECTS

The contractor must mark the dollar range of projects they are interested in receiving consideration for under the IDIQ contract. Each contractor must check ONLY one of the ranges listed below. (This limitation may be due to business size or company bonding limitations)

DOLLAR VALUE

( ) $2,500 - $100,000

( ) $2,500 - $500,000

( ) $2,500 - $1 Million

( ) $2,500 - $2 Million

3. PROJECT CATEGORIES

Work/tasks from the solicitation and any resulting contract are projects in which the primary purpose is general road maintenance (not considered construction). Typical road maintenance activities but are not limited to brushing and mowing, grading, rock raking, removal of oversized materials, ditch cleaning, cleaning culverts, road decommissioning, and minor repair activities meeting the conditions of the Service Contract Act such as minor culvert and drainage repair, re-establishing dips, minor patching and aggregate spot surface, slump and slide removal, and sign, cattleguard, gabion and guardrail repairs.

4. PERFORMANCE PERIOD AND MINIMUM/MAXIMUM

Each of the resulting contracts will be for five (5) year period of performance.

Values for single task orders as follows:

Minimum – $2,500.

Maximum – $2M.

The maximum value/lifetime capacity of the IDIQ contract (cumulative of all task order awards) will not exceed $20M.

The minimum guaranteed order for each entire contract (cumulative task orders) is $10,000.00 for the life of the contract.

Payment may be made by issuing an order in an equivalent amount and will be paid only if the awarded contractor continues to compete for, but is not awarded, a task order throughout the life of the contract.

5. CLAUSES: Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

6. SOLICITATION AMENDMENTS / FBO GOVERNMENT POINT-OF-ENTRY

All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on the following on the Federal Business Opportunities website – www.fbo.gov – as the Governments main entry point for solicitation access. Offerors are strongly encouraged to check this site frequently for any changes. The Government reserves the right to revise or amend the specifications and/or drawings as necessary if in the Government’s best interest. Such amendments, if any, will be announced by as Request for Proposal Amendment via Federal Business Opportunities.

Any requests for clarifications, discussions, and information concerning this solicitation must be submitted by email to the Contracting Officer at the following email address Jeremy.bedner@usda.gov. Contracting Officer general information as follows:

Jeremy Bedner Contracting Officer U.S. Forest Service Region 5 Regional Office Acquisition Directorate 1323 Club Drive Vallejo, CA 94592

5. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS. This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and/or revised proposals or for other costs incurred prior to award of a formal contract.

6. EXCEPTIONS: If the offeror takes exception to any of the requirements specified in this solicitation, the offeror’s proposal shall be rendered unacceptable and ineligible for award.

7. PROPOSAL ACCEPTABILITY: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation

NOTES:

1. PERFORMANCE AND PAYMENT BONDS. Applicability will be determined in individual task orders.

Reference FAR Clause no. 52.228-16 – Performance and Payment Bonds -- Other than Construction (NOV 2006).

2. The Government anticipates awarding more than one indefinite-delivery, indefinite-quantity [IDIQ] contracts. Awards will be made to offerors whose proposals – responsive and conforming to the RFP – are determined to be most advantageous to the Government in terms of technical/non-price and price evaluation factors. Projects will principally be road maintenance work/projects specified by the scope/Statement of Work for each individual task order.

http://www.fbo.gov/ mailto:Jeremy.bedner@usda.gov

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Road Maintenance Indefinite Delivery Indefinite Quantity [IDIQ] Region 5 Southern Area Forests

Cleveland, San Bernardino, Angeles, Los Padres National Forests

B-1 SCHEDULE OF ITEMS

YEAR ONE (1)

1001 Core Team Labor to include labor burden ______________%

• Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, Sick and Annual Leave, Severance Pay and Other Benefits

1002 Performance and/or Payment Bonds _______________%

1003 Subcontractor Markups – Materials _______________%

1004 Average Profit _______________%

YEAR TWO (2)

2001 Core Team Labor to include labor burden ______________%

• Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, 2002 Performance and/or Payment Bonds _______________%

2003 Subcontractor Markups – Materials _______________%

2004 Average Profit _______________%

YEAR THREE (3)

3001 Core Team Labor to include labor burden ______________%

• Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, 3002 Performance and/or Payment Bonds _______________%

3003 Subcontractor Markups – Materials _______________%

3004 Average Profit _______________%

YEAR FOUR (4)

4001 Core Team Labor to include labor burden ______________%

• Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, 4002 Performance and/or Payment Bonds _______________%

4003 Subcontractor Markups – Materials _______________%

4004 Average Profit _______________%

YEAR FIVE (5)

5001 Core Team Labor to include labor burden ______________%

• Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, 5002 Performance and/or Payment Bonds _______________%

5003 Subcontractor Markups (Materials) _______________%

5004 Average Profit _______________%

B-2 Payment for Bond Premiums

Payment for bond premiums shall NOT be in addition to the contract price.

B-3 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the base contract performance specified – five (5) total years – the Government shall place orders totaling a minimum of $2500.00 per awarded contract over the life of the contract, but not in excess of $20,000,000 for all awards for all contracts.

B-4 General Specifications/Schedule of Items.

Included in this solicitation as Attachment 4. For reference only. Offerors are instructed NOT to submit pricing for the General Schedule of Items. The General Schedule of Items will not be pre-priced in order to allow for maximum pricing flexibility for Individual Project Task Order. Individual Project Task Orders following base IDIQ award will be competed amongst all IDIQ contract holders/awardees and will be based on the specifications and items required for the specific projects.

B-5 Active Individual Project Task Orders / Seed Projects for IDIQ and Task Order Awards

This solicitation includes real/active Individual Project Task Orders. Offerors shall submit pricing for these task order projects. The proposed pricing will be used to determine price reasonableness/realism for the base IDIQ contract awards.

The task orders shall be awarded to successful offerors at time of the base IDIQ contract award.

See Section J - List of Attachments and Attachments 2 and 3.

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 Scope of Contract

The primary objective of this contract is to provide road maintenance services for the Forest Service Region 5 Southern Area Forests. The contractor shall provide all management, supervision, engineering, quality-control, labor, equipment, materials and supplies necessary to perform a broad range of road maintenance work on Government infrastructure and land. The Contractor shall be professionally responsible for the services performed under this contract. The Contractor shall be responsive to Government-furnished criteria, information, direction and guidance. All services shall be in full compliance with Federal, State and local requirements.

The Government intends to make multiple awards of Indefinite Delivery Indefinite Quantity Contracts for road maintenance services. The Government estimates up to eight (8) awards will be made. Work may be performed at any location within the four (4) Southern Area Forests. Successful offerors MUST be capable of performing all work described and contemplated by this solicitation.

Work/tasks from the solicitation and any resulting contract are projects in which the primary purpose is general road maintenance (not considered construction). Typical road maintenance activities but are not limited to the following:

• Brushing and mowing

• Grading

• Rock raking

• Removal of oversized materials

• Ditch cleaning

• Cleaning culverts

• Road decommissioning – includes de-compaction, partial or full re-contour to restore the roadway to a hydrological stable condition; removal of drainage structures and associated fill to restore site to natural contour;

work may include excavation of stream channels without drainage structures; installation of gradient control devices in channels or sediment basins; seeding, fertilizing and mulching; and the construction of waterbars.

• Small repair activities meeting the conditions of the Service Contract Act that may be included in the task orders include the following:

o Minor culvert and drainage repair o Re-establishing dips o Minor patching and aggregate spot surface o Slump and slide removal o Sign, cattleguard, gabion and guardrail repairs

C-2 Project Location

Each task order will identify a project specific location. Work may be performed at any location within the boundaries of the National Forests specified below:

Angeles National Forest Cleveland National Forest Los Padres national Forest San Bernardino

C-3 Price Range

The maximum value/lifetime capacity of the IDIQ contract (cumulative of all task order awards) will not exceed $20M. No task orders may be awarded after the cumulative total contract amount has reached the maximum award amount.

Price ranges will be established on individual task orders. Values for single task orders as follows:

Minimum – $2,500.

Maximum – $2M.

C-4 Government-Furnished Property

To be specified in individual task orders.

C-5 Standard Specifications

Specifications for Road Maintenance – standard Southern Area Forest road maintenance specifications – will be provided by the requesting Contracting Office with each individual project task order.

C-6 Special Project Specifications

Supplemental project/task specifications applicable to individual task orders shall be provided by the requesting Contracting Office.

C-7 Drawings

Drawings applicable to individual task orders shall be provided by the requesting Contracting Office.

SECTION D – PACKAGING AND MARKING

D-1 Payment of Postage and Fees

All postage and fees related to submitting information including submittals, forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative shall be paid by the Contractor.

D-2 Correspondence/Submittals

Contractor initiated correspondence and submittals shall identify the contract number. All information shall be forwarded to the addresses found in Section G. Correspondence shall be provided as determined and mailed to the Contracting Officer (CO). This would include the Submittal Register and Schedule/Reports. Submittals shall be submitted to the Contracting Officer's Representative (COR) and to the CO.

SECTION E – INSPECTION AND ACCEPTANCE

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

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

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

Clauses requiring information to be filled-in shall be included in individual task orders in full text with the appropriate information added.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996)

E-2 52.246-4 Inspection of Services – Fixed-Price

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;

and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

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

E-4 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (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 site.

(End of Clause)

E-5 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

Each IDIQ contract will have a period of performance for five (5) years.

The effective period of performance of this contract is five (5) years from the date of contract award.

E-6 AGAR 452.215-7 POST-AWARD CONFERENCE (NOV 1996)

A post-award conference (pre-work or kick-off) with the successful offeror/contract awardee and the Contracting Officer [CO] and Contracting Officer Representative [COR] is required prior to the commencement of work. The conference will be held at a mutually agreeable date/time and location.

SECTION F - DELIVERIES OR PERFORMANCE

F-1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Clauses requiring information to be filled-in shall be included in individual task orders in full text with the appropriate

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-1 Performance of Work by the Contractor (APR 1984) 52.242-14 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F-2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than TBD per individual task order days after receiving Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F-3 52.242-14 SUSPENSION OF WORK (APR 1984)

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

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

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

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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

F-4 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Principal

NAME

ADDRESS

PHONE

EMAIL

Project Manager NAME

ADDRESS

PHONE

EMAIL

SECTION G – CONTRACT ADMINISTRATION

G-1 Designation of the Contracting Officer’s Representative

The contracting officer’s representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting officer prior to completion of the contract. The contracting officer should be informed as soon as possible of any actions, or inactions, by the contractor, or the government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

On all matters that pertain to the contract terms and conditions, the contractor shall communicate with the contracting officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-2 Technical Direction

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR. As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract; (c) Shall not constitute a basis for extension of the contract delivery schedule. Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G-3 Contract Administration

Only a U.S. Forest Service warranted Contracting Officer may change or modify the terms of this contract. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

G-4 Internet Payment Platform

Invoices shall be submitted not more frequently than once every two weeks.

The “Submit Invoice-to” address for USDA is the Department of Treasury’s Invoice Processing Platform (IPP). All invoices shall be submitted via this electronic platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm .

Vendors can register at: https://www.ipp.gov/vendors/enrollment-vendors.htm

G-5 Task Order Awards

Task orders awarded against the IDIQ contracts will be administered by contracting officers in the Southern California https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Acquisition Service Area in accordance with the limitations of their individual contract warrants.

G-6 Service Contract Act Wage Determinations

No Service Contract Act [SCA] Wage Determinations are included in this solicitation or subsequent IDIQ contract awards.

Applicable SCA wage determinations shall be incorporated into individual task orders at the time of award.

G-7 Task Order Clauses

Some task orders may require clause coverage not included in the parent contract or may include clauses which require information to be filled-in at time of task order award. Such clauses shall be included in the task orders either by reference or in full text.

G-8 Process for Competing and Awarding Task Orders

Task orders awarded against IDIQ contracts resulting from this solicitation shall be competed amongst all awardees. The task order solicitation shall be provided to each awardee either electronically or by hard copy.

Task orders awarded against the IDIQ contracts will be administered by contracting officers in the responsible for the Southern California Acquisition Service Area in accordance with the limitations of their individual contract warrants.

Each Task order will contain specified response date and time. Any questions related to the project will be submitted to the issuing Contracting Officer. Some Project Proposal Requests may require only a price proposal and others may require a technical proposal.

A written award will be electronically provided to the successful offeror and will result in a binding Project Task Order.

In the event a fair and reasonable price cannot be determined, the project will be formally withdrawn for acquisition separate from this contract.

G-9 Fair Opportunity

a. In accordance with FAR 16.505(b)(1)(i), each contractor awarded a base award under this solicitation will be given a fair opportunity to be considered for each order issued over $3,500 unless the following exception(s) apply:

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

• Only one contract holder is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

• The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

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

b. All contract holders will be given a fair opportunity to be considered in accordance with the FAR as follows:

• For orders exceeding $3,500 up to the simplified acquisition threshold, in accordance with FAR 16.505(b)(1)(ii);

• For orders exceeding the simplified acquisition threshold up to $5.5 Million, in accordance with 16.505(b)(1)(iii);

and,

• For orders exceeding $5.5 Million, in accordance with FAR 16.505(b)(1)(iv).

G-10 Ordering Procedures for Competitive Task Orders

A. Requests for Quotation/Proposals (RFQ)(RFP).

When the Government requires work under the IDIQ, an RFQ or RFP will be issued, as appropriate. Projects issued/ordered will be of varying size and complexity. Examples include, but are not limited to, project that contain complete plans and specifications for all elements of work; to projects with limited specifications and/ or sketches.

Projects may require incidental design- efforts services. The request will include information such as a, statement of work, specifications, drawings, attachments, information pertaining to a site visit; evaluation criteria, and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Performance and payment bonds shall be required for Task Orders, in accordance with FAR 52.228-16 Performance and Payment Bonds -- Other than Construction.

The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. The basis for award of each task order will be stated in the RFQ/RFP.

B. Upon receipt of the notification from the Contracting Officer, the IDIQ contractors shall respond by attending the project on-site meeting. The project on-site meeting is normally scheduled within seven days from issuance of the "Announcement of Proposed Task Order", and two days under emergency conditions.

C. Task Order competition.

(1) Under this contract, a wide variety of work projects, determined by the contracting officer to be within the scope of this contract, shall be offered to IDIQ Contractors for the purpose of providing a price or best value proposal. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from the IDIQ contractors. The Government reserves the right to invite other awardees within this IDIQ to compete a requirement in order to meet the needs of the Government.

(2) All IDIQ contractors found eligible in a designated forest will be provided a fair opportunity to compete for each project offered under this contract unless the following exceptions from fair opportunity to compete requirements and emergency requirements (FAR 16.505(b)(2)) applies.

(a) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

(b) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

(c) The task or delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all eligible awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or

(d) It is necessary to place an order to satisfy a minimum guarantee.

(3) IDIQ contractors shall submit an offer on all projects offered. In the event a contractor is unable to submit an offer in response to an RFQ/RFP, the Contractor shall notify the Contracting Officer electronically via e-mail. In the event a contractor fails to submit three competitive offers, the contractor waives their right to the minimum guarantee. The contracting officer will notify the contractor when their offer record indicates an unacceptable offering amount. In the event the contractor fails to correct this insufficiency, the Government reserves the right to unilaterally cancel the IDIQ contract without further obligation.

D. The Contracting Officer, in making decisions on the award of an individual task order, will consider such factors as listed in FAR 16.505 (b)(1). In addition to price, factors on prior Task Orders under the IDIQ contract, such as Past performance, quality, timeliness, special expertise or other factors the Contracting Officer determines are relevant to award of a particular Task Order may be considered. Price, quality and timely performance by an IDIQ contractor is very important. Failure to prosecute the work diligently and effectively, on a currently awarded task order, will be cause for the Contracting Officer not to include the contractor in the competitive fair-opportunity pool for future task orders. When the contractors’ delinquency has been cured, they will be considered for competition in future task orders.

E. Site Visits.

Offerors attendance at walk-through (site visits) is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. In some cases walk-throughs may be determined mandatory in order for a contractor to submit a proposal. Such requirement will be stated in the RFQ/RFP. However, failure to attend walk-through may not be used as an excuse for omission or miscalculation in offers, and may be taken into consideration in determining a Contractor's eligibility to participate in future Task Orders. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task Order costs.

F. Proposal Contents.

Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFQ/RFP. Contractors shall respond within the number of calendar days stated in the RFQ/RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFQ/RFP.

G. Contract Prices/Proposal Pricing Schedules.

The Government's payment for the items listed in the Pricing Schedules of individual Task Orders will constitute full compensation to the Contractor for-- (1) Furnishing all, labor, equipment, services, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. In some cases where there are non-complex projects incidental design and project development calculations, the Contractor will be asked to provide this data as part of their proposal. The Contractor shall include in the prices for the items listed in the Pricing Schedule, all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

H. Proposals and Final Proposal Revisions.

Offerors shall specifically identify all deviations from the minimum RFQ/RFP requirements in a cover letter in a section entitled "Deviations." This requirement applies for all proposal revisions and Final Proposal Revisions. If an alternate is proposed the work as specified in the solicitation must also be priced. All proposed alternates shall be specifically addressed and expanded upon in proposal submissions to include separate pricing information.

I. Evaluation Method and Procedures.

Price will be the common evaluation method for most RFQ/RFP. However, the Contracting Officer, in making decisions in award of any individual Task Order, may consider factors such as Past Performance on previously awarded Task Orders under the IDIQ, quality, timeliness, or other factors that the Contracting Officer determines to be relevant to award or a particular Task Order. The primary non-cost factors and price factors will vary depending on the unique requirements for each Task Order. The Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFQ/RFP will describe the criteria to be utilized in evaluating Task Order proposals.

J. Award Decision.

Whenever possible, award will be made without discussions. If discussions are required, each IDIQ contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Task Order award will be made based on either the best value to the Government or the lowest price, technically acceptable proposal as described in the RFQ/RFP. The award will be a firm fixed-priced Task Order with a specific completion date or performance period. When additive options are included in the Schedule, the Task Order will specify the number of days after award for exercising the Options.

K. Task Order Issuance.

Task Orders will be issued on approved forms. Orders may be placed via mail, telephone, facsimile or electronic means.

Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds. Only any Contracting Officer, Region 5, at the locations specified in the solicitation, or as approved in writing by the issuing office Contracting Officer, is authorized to issue orders under the IDIQ contracts within the individuals warrant levels. The appropriate issuing, administration, and payment offices will be cited on each Task Order. A copy of each task order, and modifications issued by agencies outside the issuing office shall be provided to the issuing contracting office at time of execution.

L. Protests.

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

G-11 Ordering Procedures for Sole Source Orders

A. Circumstances Permitting Sole Source Orders. All IDIQ Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:

(1) An urgent need exists and seeking competition would result in unacceptable delay

(2) Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized

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

site adapt a competed design)

(4) To satisfy contract minimum award obligations.

B. Procedures for Sole Source Projects. An RFQ/RFP will be issued requiring a contractor response consisting of a detailed cost proposal. Task Order negotiations may be conducted if required.

C. Requirement for Cost and Pricing Data (Sole Source Task Orders) The threshold for obtaining cost or pricing data is $750,000. When cost or pricing data are required, the contracting officer shall require the contractor to submit to the contracting officer (and to have any subcontractor or prospective subcontractor submit to the prime contractor or appropriate subcontractor tier) the following in support of any proposal:

(1) The cost or pricing data.

(2) A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

G-12 ORDERING

REFERENCE FAR 52.216-18

A. The total term of the contract, any options or extensions, and any performance thereunder may not exceed five years.

The Government reserves the right to modify this clause to incorporate future statutory changes.

B. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will control. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

G-13 Task Order Ombudsman / Competition Advocate

In accordance with FAR 16.505(b)(10), no protest under FAR subpart 33.1 is authorized in connection with CO decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract.

G-14 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 Individual Project Task Order was a separate contract.

For example, the clause FAR 52.232-1 - Payments 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 Individual Project Task Order.

As another example, the clause FAR 52.228-16 Performance and Payment Bonds – Other than Construction states “Original contract price means the award price of the contract…” The term “Individual Project Task Order” 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” 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.

• Individual Project Task Orders may have separate contracting officers, contracting officer’s representatives and inspectors.

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

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

• Individual Project Task Orders will have separate payments.

G-15 Bid/Bidder v. Proposal/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-17 Bonding Requirements

Bonding requirements will apply on the Individual Project Task Order as follows:

THRESHOLDS REQUIRED BONDING

Individual Project Task Order less than $250,000.00

No bid guarantee is required.

100% Payment Bond is required.

Individual Project Task Order greater than $250,000.00

Refer to FAR 52.228-16

- incorporated by reference in Section I

No bid guarantee is required.

100% Payment Bond is required

-AND-

100% Performance Bond is required

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

Clauses requiring information to be filled-in shall be included in individual task orders in full text with the appropriate

H-2 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause.

The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H-3 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

(2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required…