Solicitation_-_AG-0116-S-15-0010_-_FacilityMaintIDIQ.pdf

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)

736457

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

USDA - Tongass National Forest 648 Mission Street Attn: Ron Smith - Contracting Ketchikan, AK 99901

RONALD SMITH (907)228-6244

1x 07/15/2015

AG-0116-S-15-0010

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

Tongass Facility Maintenance Indefinite Delivery Indefinite Quantity (IDIQ)

(Construction, Repair, Carpentry, and Remodeling)

NOTES:

(a) This is a Total Small Business set-aside procurement.

(b) Price Range: Between $1,000,000.00 and $5,000,000.00

(c) Contract is for five years consisting of a base and four optional years.

*Request for Information (RFI's) pertaining to this solicitation must be submitted in writing to the Contract Specialist by email to: rpsmith@fs.fed.us

Proposal Due Date: August 14, 2015 @ 1:00 PM (AS)

FAX PROPOSALS WILL NOT BE ACCEPTED

Request for Information (RFI) cut-off date is: August 10, 2015 @ 12:00 PM (AS)

(1) Base year: September 1, 2015 through August 31, 2016

(2) Option Year One: September 1, 2016 through August 31, 2017

(3) Option Year Two: September 1, 2017 through August 31, 2018

(4) Option Year Three: September 1, 2018 through August 31, 2019

(5) Option Year Four: September 1, 2019 through August 31, 2020

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

Per task order

08/14/2015

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)

1 Tongass Facilities Maintenance IDIQ

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

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

DENISE MURPHY

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...

2 Tongass Facilities Maintenance IDIQ

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

AG-0116-S-15-0010

Performance and Payment bonds may be required on a Task Order basis per FAR 52.228-13 and FAR 52.228-15.

Delivery: 10 Days After Notice to Proceed Delivery Location Code: 0116

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901 US

FOB: Destination Period of Performance: 09/01/2015 to 08/31/2016

001 Tongass National Forest Facilities Maintenance Multiple Award Task Order Contract (MATOC)

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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

Sponsored by GSA

FAR (48 CFR) 53.110

3 Tongass Facilities Maintenance IDIQ

PART I - THE SCHEDULE

SECTION B – SUPPLY OR SERVICES AND PRICES/COSTS

B- 1 - BID SCHEDULE

Contract Pricing:

Offerors must submit pricing based on this Hypothetical duplex renovation work as described in HYPOTHETICAL WORK ITEMS, SECIFICATIONS and DRAWINGS provided in attachment one (1). The pricing you provide for this hypothetical work will be evaluated to determine if the offeror can reasonably estimate the cost of labor and materials.

BASE BID ITEMS:

Method

Pay of Estimated Pay Unit Item Item Description Meas. Quantity Unit Price

1 INTERIOR IMPROVEMENTS LS 1

LUMP

SUM $

2 BATHROOM REMODELS LS 1

LUMP

SUM $

3 KITCHEN REMODELS LS 1

LUMP

SUM $

4 EXTERIOR IMPROVEMENTS LS 1

LUMP

SUM $

5 NEW FLOORING LS 1

LUMP

SUM $

6 CEILING RE-TEXTURING LS 1

LUMP

SUM $

TOTAL: $

ABBREVIATIONS:

LS = Lump Sum

SPECIAL NOTES:

Hypothetical Notes:

1. All bid items include work for both units within the duplex unless otherwise noted in the specifications.

2. The bidder must bid on all items.

IDIQ Notes:

1. The Government intends to award a number of indefinite delivery indefinite quantity contracts. The actual number of awards will be dependent on the offer received and the best value analysis process. The intent is to have a sufficient number of awardees to provide a pool for competition of task orders.

2. Mobilization is not included in the initial contract pricing and should not be figured as incidental to this contract in pricing of individual line items. Mobilization will be included when individual task orders are issued.

3. The Government is not obligated to utilize this contract exclusively for this type of work in Southeast Alaska.

4 Tongass Facilities Maintenance IDIQ

4. Price range for each task order shall be between: $2,000 – $250,000. Each awarded contract shall not exceed $2,000,000 over the base period and four option years.

5. Each contractor selected as a multiple award contractor under this IDIQ is guaranteed a minimum award of $500.00 at the end of the contract period including the four option years if the contractor has not been awarded any task orders. The government will pay this amount, upon receipt of an acceptable invoice.

Participating contractors forfeit the minimum order if they do not make a good faith effort to compete. A good faith effort is defined as submitting offers for at least three task announcements.

The Contracting Officer will notify the unsuccessful contractors if their prices were considered outside the competitive range based upon the competitive prices received from other IDIQ contractors and the government estimate.

GENERAL DESCRIPTION

This project includes interior and exterior work to be done on both the upper and lower units of a residential duplex building. Work includes, interior door and trim replacements, new overhead garage doors, vinyl siding repair, hardwired smoke alarm installation, miscellaneous electrical work, minor drywall repairs, renovation of bathrooms, renovation of kitchens, in kind flooring system replacements, replacement of popcorn ceiling with textured finish and interior painting, skirting replacement, replacement of deck stairs, exterior painting, gutter and downspout replacements, exterior door replacement, hose bib installations and gravel placement.

The intent of this contract is to provide for the complete construction of the project described in the contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. All appurtenances, fasteners, hardware, and connections to make a complete and useable system are considered incidental to the work items.

SECTION C—DESCRIPTION OF WORK

The Tongass National Forest has future competitive requirements for work to provide facility maintenance, repair and minor construction, including buildings, grounds, ancillary facilities, utilities, and systems. The services are for minor construction and facility maintenance and repair, including energy conservation and incidental HAZMAT mitigation. The work may consist of demolition, earthwork, utilities, site work, concrete, precast concrete, masonry, pre-engineered structures, metals, woods, thermal and moisture protection, finishes, specialties, furnishings, plumbing, mechanical, electrical, communications, fire alarm, fire protection system, doors, windows, hazardous materials abatement and other items defined in the task orders.

LOCATION

Work shall be accomplished at any of the U.S. Forest facilities locations in Southeast Alaska: Ketchikan, Sitka, Wrangell, Petersburg, Hoonah, Juneau, Prince of Wales, Yakutat and various remote sites within this region.

Work will be accomplished in occupied and unoccupied residences, multi-occupant housing units, offices, warehouses, and other miscellaneous types of facilities.

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

The Government singularly identifies each project 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. The main or parent

5 Tongass Facilities Maintenance IDIQ contract number of the IDIQ will have “C” for contract indicator in the number. Task Orders will have a similar number format but will have a “D” in place of the “C”.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 Contractor’s Quality Control Plan

(a) The Contractor may be required to submit a quality control plan for task orders, which is mutually agreed upon with the Contracting Officer. This plan shall describe the Contractor’s method for ensuring all work meets the contract requirements. At minimum, the Quality Control Plan shall outline how the quality of work will be monitored, how the crew will be supervised, and who will perform the quality control function. Contractor shall provide the Contracting Officer with documentation of quality control inspections.

(b) The Contractor shall, within five (5) days from receipt of a request from the Contracting Officer, submit a progress schedule to complete all work ordered within the time stated in the Task Order. If the Contractor falls behind schedule; the Contractor shall notify the Contracting Officer and Contracting Officer Representative (COR).

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

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

*= as specified on individual task orders

52.242-14 SUSPENSION OF WORK (APR 1984)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.211-5 Period of Performance

Period of Performance of this IDIQ Contract is:

Base Period: 01 September 2015 thru 31 August 2016 Option year 1: 01 September 2016 thru 31 August 2017 Option year 2: 01 September 2017 thru 31 August 2018 Option year 3: 01 September 2018 thru 31 August 2019 Option year 4: 01 September 2019 thru 31 August 2020

6 Tongass Facilities Maintenance IDIQ

Performance Standards

(a) Perform the service as stated in the referenced specification according to the Performance Standards in Section E; and complete all ordered services by the completion date stated in the Task Order.

(b) For all tasks, the penalties for poor performance are:

(1) Contractor may be required to re-work the unacceptable portion of the work, at the Contractor’s expense;

(2) Contractor may receive a poor performance rating for this contract;

(3) Government may withhold partial, or full, compensation;

(4) Contractor may be required to replace lost or damaged Government property, such as excessive aggregate lost during road blading; and

(5) Contract may be terminated for the contractor’s default.

(c) For all tasks, the incentives for high quality performance are:

(1) Contractor will receive a superior performance rating; and

(2) The Government is more likely to select the Contractor for future Task Orders.

SECTION G-- CONTRACT ADMINISTRATION DATA

G1. Contracting Officer’s Representative (COR)

The Contracting Officer will designate a representative hereinafter referred to as the Contracting Officer's Representative (COR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to carefully read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

G2. Contractor’s Designated Representative

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

G.3 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Submit payment requests electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP). The IPP website address is: www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fms.treas.gov or by phone: (866) 973-3131.

7 Tongass Facilities Maintenance IDIQ

(b) "Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract.

(c) To expedite invoice processing Contractors shall enter the item number and a short description in the Invoice Comments block in IPP, to allow the government to easily associate contract line items with each payment request. Non-compliance with this direction may result in delayed payment.

(d) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16.

(e) In addition, when submitting the invoice, the Contractor shall submit a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1, the signed Progress Payment Certification form, subcontractor payment information, to the Contracting Officer, either electronically in IPP, hard copy, or via fax, (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts). The Contractor shall submit certified payrolls to the Contracting Officer’s Representative (COR ).

G.4 Contract Administration

This contract will be administered by the Contracting Officer located at:

Alaska Region 10 Attn: Ron Smith Contracting Officer

648 Mission Street Ketchikan, AK 99901 rpsmith@fs.fed.us

All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.5 Task Ordering Procedures

(a) To order services under this contract, a task order announcement will be forwarded to the Contractor(s) identifying the specific requirements of the individual order on an, SF-1442 or other form. The Contractor(s) shall prepare and submit a response to the task announcement by the due date stated on the announcement. Upon award of a task announcement, the Contracting Officer will issue a written task order for work on an Order for Supplies or Services form or other authorized form including an SF-1442.

(b) Announcements for Government Estimates greater than $30,000 and less than the simplified acquisition threshold (currently $150,000) will require Alternative Payment Protection bonding. Task order announcements for construction estimated to be greater than simplified acquisition threshold will require payment and performance bonds.

(c) Any warranted warranted Forest Service Contracting Officer may issue a task order against this contract. The Contracting Officer will issue a task order announcement to all contractors. If a Fair Opportunity exception applies, the task order announcement will be issued to one contractor. The task order announcement will include a due date for proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate.

G.6 Task Order Announcement Media

(a) As Government needs are identified, Task Announcements detailing the specific services to be provided will be issued in writing and may be transmitted by any of the following media: Email. Email is the preferred method

8 Tongass Facilities Maintenance IDIQ of transmission, thus participating contractors must provide the government with an active email address and are responsible to notify the government if the email address is changed.

(b) The Government will make every effort to provide adequate time for contractors to make informed responses to task announcements. Typical announcement times will be from 14 to 21 days between issuance and closure.

Shorter times may be necessary to fill more urgent requirements.

(c) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, apply to any construction task announcement as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed on resulting task orders.

G.7 Award of Task Orders & Fair Opportunity

The following defines the process by which Fair Opportunity for Award will be afforded; Task Orders (TO) will be processed and priced; and a TO will be awarded. Additionally, it defines the role of Ombudsman at the USDA Forest Service’s Washington Office.

1. Fair Opportunity for Consideration:

1.1. One or more Task Orders (TOs) may be issued during the performance period of this contract. The

Contracting Officer's (CO) decision to issue an order to a particular awardee shall be based on the criteria stated below. In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b), the CO will give each awardee a "fair opportunity" to be considered for each order in excess of $3,000 unless one of the conditions in paragraph (2) below applies.

1.2. Exceptions to Fair Opportunity for Consideration: Awardees will not be given a fair opportunity to be considered for requirements which are expected to exceed $3,000 when the Contracting Officer determines one of the following conditions apply:

1.2-1 The agency need for the services is so urgent that providing such opportunity would result in unacceptable delays;

1.2-2 Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized;

1.2-3 The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order; or

2. Selection Criteria For Awarding Task Order.

The Government will evaluate the task order proposals against selection criteria. At a minimum, the Government’s award decision will be based on selection criteria addressing relevant past performance, availability, and price.

Evaluation of past performance will be based on each awardee’s original past performance data as supplemented by the Government and contractor during the life of the contract. As work proceeds under this contract, it is probable that the past performance data submitted with the original contract proposal will be disregarded for current performance reports received on task orders performed under this contract. In addition, individual task order selection criteria may include other factor(s) relevant to the particular task order. The order of importance for the factors will be identified on each individual requirement.

3. Proposal Process

9 Tongass Facilities Maintenance IDIQ

1.1. Any warranted Forest Service Contracting Officer may issue a task order announcement. The Contracting Officer will issue a TO announcement request to all contractors within a designated area. If a Fair Opportunity Exception Applies, the TO announcement will be issued to one contractor. The TO announcement will include a due date for proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate. The TO announcement will also include specific instructions for the submission for proposals, the selection criteria factors, the factors’ order of importance, and other information deemed appropriate.

1.2. Awardees under the Basic Contract will generally be allowed 10 working days to prepare and submit proposals. However, more or less time may be necessary based on the requirements. The due date shall be set forth in each TO announcement. If an awardee is unable to perform a requirement, the awardee may “NO BID” the TO announcement. All “NO BIDS” shall include a brief statement as to why the awardee is unable to perform (i.e., Conflict of Interest). While no mandatory requirement exists for the submission of a proposal, firms consistently declining to submit offers for reasons of availability may jeopardize their ability to receive future TO awards.

1.3. Clarification of Proposal: Proposals will be evaluated in accordance with selection criteria set forth in the

TO announcement. If necessary, during the evaluation of proposals the Government may contact an awardee with questions concerning their proposal. Upon completion of evaluations, the CO will issue a task order to the awardee whose proposal is most advantageous to the Government.

1.4. In the event issues pertaining to a proposed task cannot be resolved to the satisfaction of the Contracting

Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed task. In such event, the Contractor shall be notified, via letter, of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

1.5. TO Issuance: Task orders may be issued verbally, by facsimile, or by electronic commerce methods.

However, all task orders must be finalized in writing and provided to the Contracting Officer with the appropriate signatures and agreed upon pricing for stated pay items.

1.6. Unauthorized Work: The Contractor is not authorized to commence performance prior to issuance of a signed TO and Notice to Proceed or verbal approval provided by the CO to begin work.

1.7. Task Funding Restrictions: No unfunded tasks are authorized under this contract.

4. Ombudsman Description. In accordance with FAR 16.505(a)(6), 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. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Ronald Wester 1621 N Kent Street, Plaza E, Suite 707

Arlington, VA 22209 Phone (703) 605-4665 Facsimile (703) 605-5100

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Worker’s Compensation Laws

Alaska state law requires that most employers have Workman's Compensation Insurance for their employees.

The Forest Service furnishes contract award information to the Alaska Department of Labor. Failure to comply

10 Tongass Facilities Maintenance IDIQ with the state workman's compensation laws can be a felony offense in Alaska. For the definitions of "employer", "employee", and "subcontractor", rates of compensation, and other information contact:

Alaska Department of Labor Workers Compensation Division

P.O. Box 25512 Juneau, AK 99802-5512

(907) 465-2790 (NO COLLECT CALLS) or Fax: (907) 465-2797

OTHER H CLAUSES

Task Orders under this contract may contain other Section H – Special Requirements clauses as needed and within scope of the contract.

H.2 Contractor Responsibility to Notify Government

(a) The Contractor will notify the COR when leaving the project area of any task orders for 3 or more days and within 24 hours before returning to the project area.

USE OF UTILITY SERVICES

When required, the use of water and electricity will be provided at no cost to the contractor.

APPROVAL OF SUBCONTRACTING

Federal Acquisition Regulation (FAR) 52.222-11 states that contractors and subcontractors performing on a Federal contract involving construction in excess of $2,000 are required to submit a completed SF 1413 within 14 days of award of each subcontract to the Contracting Officer.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.202-1 DEFINITIONS (Nov 2013)

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985)

52.203-3 GRATUITIES (APRIL 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 (OCT 2010)

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)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (Apr 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

11 Tongass Facilities Maintenance IDIQ

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(DEC 2014)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.215-2 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Notice of Award through July 31, 2020.

(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.

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 $500.000, 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 task order in excess of $250,000.

(2) Any order for a combination of task orders in excess of $500,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to proceed with the task order called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance

12 Tongass Facilities Maintenance IDIQ hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _30 days of expiration of the contract period.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JUL 2013)

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -- OVERTIME

COMPENSATION (MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION - DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (MAY

2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222.17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (APR 2015)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR

SEPARATELY SPECIFIED METHOD). (MAY 2014)

(A) THE WAGE DETERMINATION ISSUED UNDER THE CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE BY THE ADMINISTRATOR, WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U.S.

DEPARTMENT OF LABOR, THAT IS EFFECTIVE FOR AN OPTION TO EXTEND THE TERM OF THE CONTRACT, WILL

APPLY TO THAT OPTION PERIOD.

(B) THE CONTRACTING OFFICER WILL MAKE NO ADJUSTMENT IN CONTRACT PRICE, OTHER THAN PROVIDED FOR ELSEWHERE IN THIS CONTRACT, TO COVER ANY INCREASES OR DECREASES IN WAGES AND BENEFITS AS A RESULT

OF—

(1) INCORPORATION OF THE DEPARTMENT OF LABOR’S WAGE DETERMINATION APPLICABLE

AT THE EXERCISE OF THE OPTION TO EXTEND THE TERM OF THE CONTRACT.

(2) INCORPORATION OF A WAGE DETERMINATION OTHERWISE APPLIED TO THE CONTRACT BY OPERATION OF LAW;

OR

(3) AN INCREASE IN WAGES AND BENEFITS RESULTING FROM ANY OTHER REQUIREMENT APPLICABLE TO

WORKERS SUBJECT TO THE CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUL 2014)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)

13 Tongass Facilities Maintenance IDIQ

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-3 HAZARDOUS MATERIAL AND MATERIAL SAFETY DATA (JAN 1997)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED PRODUCTS (MAY 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].

Alternate I (May 2008). As prescribed in 23.406(d), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

CERTIFICATION

I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

[Signature of the Officer or Employee] [Typed Name of the Officer or Employee] [Title] [Name of Company, Firm, or Organization] [Date]

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS. (May 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (May 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

14 Tongass Facilities Maintenance IDIQ http://acquisition.gov/comp/far/current/html/Subpart%2023_4.html%23wp1086898 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

15 Tongass Facilities Maintenance IDIQ

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)52.227-1

AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-4 PATENT INDEMNITY -- CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

Fill Ins:

(a) Payment Bond, Irrevocable Letter of Credit, Certificate of Deposit

(c) 10 days.

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-17 INTEREST (MAY 2014)

16 Tongass Facilities Maintenance IDIQ

52.232-23 ASSIGNMENT OF CLAIMS (JUL 2013)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD

MANAGEMENT. (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (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)

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…