IPNF_sol.docx

AG-02RC-S-15-0025 Facilities Maintenance & Light Construction Page 3 of 56

AG-02RC-S-15-0025 Facilities Maintenance & Light Construction Page 53 of 56

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

Offers Are Solicited For:

PROJECT

Idaho Panhandle National Forests Facilities Maintenance and Light Construction

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: Alternative Payment Protection will be required as designated in each task order. (See Section I, FAR Clause 52.228-13.)

FS-6300-45 (11/79)

AG-02RC-S-15-0025 Facilities Maintenance & Light Construction

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

H-12 - Invoice Processing Platform (IPP)

PART II - CONTRACT CLAUSES

I- 4 - Commercial and Government Entity Code Maintenance I- 5 - Updates of Publicly Available Information Regarding Responsibility Matters I- 6 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternate I

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 2 - Commercial and Government Entity Code Reporting

a Felony Conviction Alternate I

for Construction

AG-02RC-S-15-0025 Facilities Maintenance & Light Construction

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-15-0025

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

03/16/2015

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

USDA, Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

USDA, Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

Rita J Loper, C.O.

Mike Shoup, Technical

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

(208) 765-7497

(208) 765-7204

SOLICITATION

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

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

Facilities Maintenance and Light Construction Idaho Panhandle National Forests Bonner, Boundary, Kootenai, Shoshone, Benewah and Latah Counties in Idaho Pend Oreille County, Washington

Indefinite Quantity/Indefinite Delivery (IDIQ) Construction Contract

Price Range The Government’s estimate is between $500,000 and $1,000,000 including option years.

11. The Contractor shall begin performance within 10 calendar days and complete it within (see TO) calendar days after receiving |_| award, |_| notice to proceed. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10)

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

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

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

USDA – Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

RITA J. LOPER

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

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Facilities Maintenance and Light Construction Idaho Panhandle National Forests

B- 1 Schedule of Items Miscellaneous facilities maintenance services for buildings and developed sites. Task orders will be negotiated using rates below, location of work, cost of materials and delivery schedule. Base year and option year unit rates below, all overhead/general admisitrative, supervision, equipment, incidental supplies, bonding and insurance, quality control, mobilization, and profit needed to perform the services shall be included in the individual task order pricing.

Base Year – Date of award through March 31, 2016.

Option Year 1 - Estimated April 1, 2016 through March 31, 2017

Option Year 2 - Estimated April 1, 2017 through March 31, 2018

Option Year 3 - Estimated April 1, 2018 through March 31, 2019

Option Year 4 - Estimated April 1, 2019 through March 31, 2020

B- 2 Payment for Bond Premiums Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Within 10 days of award of task order, the contractor shall provide any bonding and insurance requirements.

B- 3 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $2,500.00 for the life of the contract including options exercised, but not in excess of $650,000 for the life of the contract including options exercised.

B-4 Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Property should be directed to the Idaho State Tax Commission at (208) 799-3491

NOTE: See Section J for Request for Pricing Task Order, for Sandpoint Ranger Station Log Staining, to be submitted with proposal.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract The intent of this contract is to provide facility maintenance services or light construction for the Idaho Panhandle National Forests for ongoing maintenance for Forest managed facilities. The precise details of performing the work and the location of the work will be stipulated in the individual task orders. The Contractor is required to furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the task orders.

The construction services for on-going maintenance of Forest managed facilities. These services would include but not be limited to general construction; siding, roofing, window replacement or repair; demolition of buildings; fencing; garage door replacement; minor repairs to a variety of buildings; bathroom or kitchen remodel; ADA retro-fit; sidewalk repair or installation; parking lot maintenance such as striping, paving, sealing; electrical system repairs or upgrades; installation or repair of thermal and moisture protection; repair/replacement/installation of heating, ventilating, and air conditioning; repair/installation/alteration of water distribution systems, wells, wastewater treatment, chlorinators, or sprinkler systems; and HAZMAT testing or mitigation services in accordance with current IBC Codes, and Federal, State, or Local Regulations.

Skills that may be needed to perform this contract include mason; locksmith; plaster and drywall; finish and rough carpenter; painter; plumber or pipefitter; electrician (interior and exterior); sheet metal worker; and welder. Contractor shall provide overall management of work and be responsible for timely delivery, compliance with specifications, quality control of the project, and work-place safety.

Carpenters shall be skilled in cabinet, door, window installation, and general carpentry. Electrical work shall be performed by a licensed electrician. Upgrades or modifications to heat, ventilation, or air conditioning may be requested. If requested, contractor shall provide personnel qualified for the work ordered. Such qualifications may be through sub-contractor or use of contractors own personnel.

The types of buildings work may be performed include residential; office or administrative buildings; training facilities; bunk houses; and storage buildings such as a garages or warehouses. Buildings may be in use during the repair or reconstruction. The age of buildings covered under this contract range from historic to new structures.

C- 2 Project Location Various locations throughout the Idaho Panhandle National Forest including Bonners Ferry, Priest Lake, Sandpoint, Coeur d Alene Nursery, Coeur d Alene River and St Joe Ranger Districts. Project locations will be designated in each task order.

C-3 AGAR 452.211-3 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in each Task Order.

C-4 AGAR 452.211-4 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract. (also see individual Task Order)

C-5 Individuals Authorized to Place Task Orders All warranted Contracting Officers in the Region1 Acquisition may place orders against this IDIQ contract up to the limits of their individual warrants. The Contractor shall not accept a task order from an unauthorized individual.

C-6 Task Order Competition Contractors will be provided a fair opportunity to compete on Task Orders in excess of $3000 in accordance with FAR 16.505 Ordering. The Issuing Contracting Officer will identify the extent of competition necessary for each Task Order using the following guidelines:

· Phone or Email interested Contractors to determine availability and capability to meet delivery;

· Past Performance on prior Task Orders;

· Impact to other contracts already awarded;

Contracting Officer may place an order on a sole source basis when:

· Work is so urgent and the time necessary to provide fair opportunity would result in unacceptable delay;

· Work is unique or highly specialized; only one Contractor can provide the service;

· In the interest of economy and efficiency, the work is a logical follow-on to an order already competed; or

· Order is necessary to satisfy a minimum guarantee obligation;

If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Dale Reckley, Supervisory Contracting Officer/Task Order Ombudsman, located at R1 AQM, 24 Fort Missoula Road, Missoula, MT 59804, telephone (406) 329-3525, FAX (406) 329-3682 or email dreckley@fs.fed.us. The Ombudsman will review the Contractor’s complaint and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

C-7 Task Order Process The Contracting Officer will issue a scope of work, schedule, specifications for work, drawings, and any pertinent information regarding services needed.

The Contracting Officer depending on the dollar value of the project will request a quote from the Contractor. Each request shall state the expected start date, delivery time, any restrictions of work hours or days (if applicable), applicable Wage Decision(s), and bonding requirements (reference FAR 52.228-13 Alternative Payment Protection).

The Contractor shall submit a detailed quote in response to the request. The contractor is responsible to include in their pricing; overhead/general admisitrative costs, supervision, equipment, incidental supplies, bonding and insurance, quality control, mobilization, and profit needed to perform the services.

To support the proposed prices, the quote shall include backup cost details including, but not limited to the following:

Item

Initiation of Process: Projects will be identified on an as-needed basis. Task Order Price requests will be initiated as needed. The requesting unit will submit a requisition and attach a statement of work, an independent government cost estimate breakdown, drawings, exhibits, maps, and specifications as applicable. The Contracting Officer will prepare an abbreviated solicitation package, with the information specific to the Task Order. Using the Guidelines, the Contracting Officer will request firm-fixed pricing from the appropriate number of Contractors.

C-8 Task Order Award and Administration Ordering Procedures The Contracting Officer and/or any warranted Contracting Officer identified in Paragraph C-5 herein may issue task orders with the Contractor. Task order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing. Task orders will be considered as being “issued” at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer. If more than one method is used to place the task order, the date of the earliest provable method will be the date of issue.

Each task order issued by the Government will include the following items:

Item

See Section H for Special Contract Requirements

SECTION E - INSPECTION AND ACCEPTANCE

E- 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 this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F - DELIVERIES OR PERFORMANCE

F- 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 this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 AGAR 452.211-5 Period of Performance. (FEB 1988) If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

The period of performance of this Task Order is from ___*___ through ___*___.

F- 3 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 task order notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date designated in the task order. The time stated for completion shall include final cleanup of the premises.

F- 4 AGAR 452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from date of award through 1 year (and 6 months if FAR 52.217-8 Option to Extend Services is exercised). Task orders period of performance may extend past the expiration of this contract with all terms and conditions of this contract remaining in full force until the task order expires.

Modification will be issued if/when the Option Year is exercised.

SECTION G - Contract Administration Data

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

http://www.dm.usda.gov/procurement/policy/agar.html

G-1 AGAR 452-215-73 Post Award Conference (NOV 1996).

If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause per Order.

A post award conference with successful offeror is required. It will be scheduled prior to commencement of work performed, after the date of contract award. The conference will be held at a location to be determined as agreed upon.

G-2 Government-Furnished Property.

Government-furnished material or property will be designated per task order as applicable.

See Section I, FAR 52.229-3 Federal, State, and Local Taxes

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.236-4 Physical Data (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

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

H- 2 AGAR 452.237-74 Key Personnel (FEB 1988) *(Key Personnel may be required with each Task Order, such as Project Superintendent, On Site Foreman and/or Contract Rep.)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 3 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 4 Loss, Damage, or Destruction

(a) Equipment furnished without operator. The Government will assume liability for the loss, damage, or destruction of equipment furnished under this contract, provided that no reimbursement will be made for loss, damage, or destruction when due to (1) ordinary wear and tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor’s agents.

H- 5 Incidental Payment Items The intent of the 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. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 6 Conformity With Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 7 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 8 Samples, Tests, Cited Specifications Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-9 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

H-10 Weed-Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-11 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H-12 Invoice Processing Platform (IPP) The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-13 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. The name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-14 Biobased Product Utilization See Section I, FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

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

(Sample of biobased products for construction projects)

(Sample of biobased products for building mtce – light construction projects (Operations and Maintenance)

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

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

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

H-15 Reference FAR 52.236-13, Accident Prevention.

Safety. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

H-16 State of Idaho’s Notice to Offeror Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the contractor must provide (1) evidence that they have the required workers' compensation coverage or, (2) documentation from the State of Idaho exempting the contractor from such coverage.

(b) Contractors should obtain and complete a State of Idaho Certificate of Verification of Workers' Compensation Insurance as documentation of insurance coverage or exemption. These certificates may be obtained from and returned to the Employee Compliance Division of the Idaho Industrial Commission at the following offices:

(c) This certificate of verification shall be fully executed by the contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 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 this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(APR 1984)