AG-03H6-S-12-0012 CSS.pdf

AG-03H6-S-12-0012

Helena National Forest

Road Maintenance IDIQ

AG-03H6-S-12-0012

Road Maintenance IDIQ

Helena National Forest Service Helena, Montana

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation (AG-03H6-S-12-0012) is issued as a request for proposal (RFP).

(ii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-59.

(iii) This is a Total Small Business Set-aside for NAICS 115310 with a size standard of $7.0Million. (v) A list of contract line item number(s) and items, quantities and units of measure, (including option(s), if applicable).

(iv) Provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

(v) Provision at 52.212-2, Evaluation -- Commercial Items applies to this acquisition.

(vi) Complete a copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

(vii) Clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition with no addenda.

(viii) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition; see checked clauses for additional applicable clauses.

(ix) See block 9 on SF 33 for due date, time and location for offers.

(x) Please contact Kelly Traynham, contracting officer, (406) 495-3719 for questions regarding this solicitation.

SCHEDULE OF ITEMS

SECTION C - Description/Specifications/Statement of Work SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements SECTION I - Contract Clauses SECTION J - List of Documents, Exhibits, and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Offerors SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents SECTION M - Evaluation Factors for Award

Road Maintenance IDIQ

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ROAD MAINTENANCE

Lincoln, Townsend and Helena Districts

HELENA NATIONAL FOREST

B-1—Base Period—Date of Contract Award through March 31, 2013.

B-2—First Year Option— April 1, 2013 through March 31, 2014.

B-3—Second Year Option—April 1, 2014 through March 31, 2015.

SCHEDULE OF ITEMS—Base Period—Date of Contract Award through March 31, 2013.

Item Unit No. Description Unit Price

0001 Road Maintenance, Aggregate surface, blade, water, rolling. Mile $_______

0002 Road Maintenance, Native surface, blade and water. Mile $_______

Mobilization for Items 0001 and

0002 will be included in the Unit Price.

0003 ** Reconstruction of rolling dips. Each $_______

0003A ** Reconstruction of Armored rolling dips. Each $________

0004 ** Reconstruction of water bars. Each $_______

0005 Mobilization for Items 0003, 0003A Mile $_______

And 0004.

0006 Cleaning culvert catch basins for Each $_______ 18-24 inch diameter culverts.

0007 Cleaning cattle guards for single deck, Each $_______ 10-14 foot wide structures.

0008 Cleaning cattle guards for double deck, Each $_______ 16-24 foot wide structures.

0009 Mobilization for Items 0006, 0007, 0008 Mile $_______

0010 Road side Brushing Mile $_______

0011 Mobilization for Item 0011 Mile $_______

0012 Equipment rental, Excavator Hour $_______

0013 Equipment rental, Dump Truck Hour $_______

0014 Mobilization for Items 0014 and 0013 Mile $_______

Total of Unit Price Items 001 to 0014 $____________

SCHEDULE OF ITEMS—First Year Option— April 1, 2013 through March 31, 2014.

Road Maintenance IDIQ

Item Unit No. Description Unit Price

1001 Road Maintenance, Aggregate surface, 1002 Road Maintenance, Native surface, Mobilization for Items 1001 and

1002 will be included in the Unit Price.

1003 **Reconstruction of rolling dips. Each $_______

1003A **Reconstruction of Armored rolling dips Each $________

1004 **Reconstruction of water bars. Each $_______

1005 Mobilization for Items 1003, 1003A and 1004. Mile $_______

1006 Cleaning culvert catch basins for Each $_______ 18-24 inch diameter culverts.

1007 Cleaning cattle guards for single deck, Each $_______ 10-14 foot wide structures.

1008 Cleaning cattle guards for double deck, Each $_______ 16-24 foot wide structures.

1009 Mobilization for Items 1006, 1007, 1008 Mile $_______

1010 Road side Brushing Mile $_______

1011 Mobilization for Item 1010 Mile $_______

1012 Equipment rental, Excavator Hour $_______

1013 Equipment rental, Dump Truck Hour $_______

1014 Mobilization for Items 1012 and 1013 Mile $_______

Total of Unit Price Items 1001 to 1014 $___________

SCHEDULE OF ITEMS—Second Year Option— April 1, 2014 through March 31, 2015.

Road Maintenance Unit Item Unit Price

2001 Road Maintenance, Aggregate surface, 2002 Road Maintenance, Native surface, Road Maintenance IDIQ

* Mobilization for Items 2001 and 2002 will be included in the Unit Price.

2003 **Reconstruction of rolling dips. Each $_______

2003A **Reconstruction of armored rolling dips Each $_______

2004 **Reconstruction of water bars. Each $_______

2005 Mobilization for Items 2003, 2003A, Mile $_______ and 2004.

2006 Cleaning culvert catch basins for Each $_______ 18-24 inch diameter culverts.

2007 Cleaning cattle guards for single deck, Each $_______ 10-14 foot wide structures.

2008 Cleaning cattle guards for double deck, Each $_______ 16-24 foot wide structures.

2009 Mobilization for Items 2006, 2007, 2008 Mile $_______

2010 Road side Brushing Mile $_______

2011 Mobilization for Item 2010 Mile $_______

2012 Equipment rental, Excavator Hour $_______

2013 Equipment rental, Dump Truck Hour $_______

2014 Mobilization for Items 2012 and 2013 Mile $_______

Total of Unit Price Items 2001 Through 2014 $___________

GRAND TOTAL OF 0001 THRU 2014 $___________

The unit prices shall be used as the basis for all subsequent Task Orders issued against the awarded contract. Actual services provided will be paid at the unit prices offered and paid based on Actual Quantities (AQ).

* Mobilization pay items are defined in Section G, under METHODS OF MEASUREMENT (b).

** Reconstruction of these structures does not include the maintenance of existing structures which is considered incidental to the road maintenance bid items.

The unit prices shall be used as the basis for all subsequent Task Orders issued against the awarded contract. Actual services provided will be paid at the unit prices offered and paid based on Actual Quantities (AQ).

Complete the following: Offeror DUNS Number: ___________________________________________

CONTRACT AWARD

The Government anticipates making one award for all the items listed in the Schedule. The final award determinations will be based on the technical qualifications and prices received from potential Contractors (See Section M for Evaluation Criteria.).

Proposals will be determined responsive if it addresses all items as shown in the Schedule for the base year and option years.

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

Road Maintenance IDIQ

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500, but not in excess of $980,000.

CONTRACT PERIOD

The period of this contract is the date of contract award through March 31, 2015. The initial Task Order work for blading is estimated to begin August, 2012. All Task Orders are subject to availability of funds, and shall be performed within the performance period specified in the task order.

AUTHORIZED ORDERING ACTITIVIES

Task Orders may be issued by East Side Acquisition Team contracting officers and purchasing agents. Orders placed will contain the following information: Task Order number and date, project roads, other incidental work, performance period, and accounting data. If a Task Order is accepted by the Contractor it must be signed by the Contractor.

TERMS AND CONDITIONS

Upon acceptance of a Task Order, the Contractor agrees to perform in accordance with the terms and conditions of this contract, including all attachments.

Special Notes:

1. The offeror must submit an offer for all items. Round to the nearest cent.

2. In the event of an error in extending the total price, unit prices will govern unless otherwise determined by the Contracting

Officer.

SECTION C - Description/Specifications/Statement of Work

C-1 PROJECT DESCRIPTION AND LOCATION

Scope of Contract. The work consists of road maintenance on the Townsend, Helena, and Lincoln Divisions of the Helena National Forest, with headquarters office located in Helena, Montana. Work includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform road maintenance on roads specified in Task Orders. All work and equipment shall be in compliance with the terms, specifications, and provisions of this contract. All equipment shall be in good operating condition and shall be operated by competent, experienced operators.

GENERAL SPECIFICATIONS

(a)-Existing Facilities. In addition to the requirements of the Use of Premises Clause, AGAR 452.236-70, all existing facilities such as signs, cattle guards, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

(b)-Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measure to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner.

Refuse shall be disposed of in State-approved landfills as approved by the Contracting Officer’s Representative (COR).

During all work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

PROJECT SPECIFICATIONS-PERFORMANCE BASED CONTRACT (END PRODUCT DESCRIPTION)

1 Road maintenance consists of reshaping and finish-blading the road bed, including shoulders, turnouts and approaches, to restore the original cross section and grade (Sheet 2 of Part III). Work includes restoring drainage provisions of the road and road appurtenances such as ditches, rolling drain dips, culvert basins, and inverts of culverts and other structures. Work also includes removing ruts, pot holes, washes, slough and other irregularities that prevent normal runoff from the road surface.

Road Maintenance IDIQ

2 After maintenance the roadway:

-will have been bladed shoulder to shoulder -will be free of berms on both sides of the road -will be free of pot holes -will be free of any washboard surface -will be crowned 5-8% on ditched roads -will be out-sloped 3-5% on non-ditched roads -surfacing or road fines will not have been wasted -culvert inverts will have been cleaned

-ditches will have been pulled to remove slough, rocks and debris; Excess materials will have been moved across the road and deposited away from streams and off the roadway. Excess material is not to be “heeled” into the cut slope unless specifically approved by the Contracting Officer on a case by case basis.

-adjoining lead-in/lead-out ditches will have been cleaned and functioning -finished surface will be free of rock greater than 3 inches (native surface) and 2 inches(aggregate surface) in any dimension -will have been dried or moisture added as required for mixing and compaction

3 Culvert catch basins that are filled with sediment and need cleaning will be identified and staked by the Engineer. Such catch basins will be restored to the original shape/dimensions and all removed material disposed across the roadway.

4 Cattle guard cleaning includes the removal of aprons, metal deck and digging the material to the bottom of the original foundation. Cleaning includes re-establishing the drain features if necessary so that water will drain away from the structure.

Material will be to be disposed off the roadway. After cleaning, the structure including aprons, signs, deck and fence will be put back in the original position as directed by the Engineer. Cattle guard openings will not be left unattended without adequate barricades.

5 Installations of the rolling dips and/or water bars will be performed as shown in the attached drawings (Sheets 3 and 4 of Part III) as staked by the engineer. Armored rolling dips require 4-6 inches of gravel or rock on the surface of the dip and include the dip outlet. Contractor will deliver and apply approximately 24 cubic yards of rock/ gravel to each armored rolling dip. Rock/gravel can be obtained from road side borrow from sources designated by the engineer.

6 Roadside brushing consists of removal and disposal of all vegetative material including, but not limited to, limbs, residual brush, live roadside brush, and small trees six inches or less in diameter (measured at six inches above the ground) which interfere with the sight distance and drainage features along the roadway. Work also includes the removal of all logs and windfall within the specified clearing limits as shown in a typical section (Sheet 5 of Part III) of the drawings. Clearing shall include turnouts and curves. Brushing shall be accomplished by hand, by a rotary type mower, or a flail type mower. The boom shall be of sufficient capacity to perform the specified work or the remaining work shall be done by hand.

(a)-Clearing limits (Sheet 5 of Part III)

This includes a horizontal distance of eight feet from the bottom of the ditch for those roads with ditches, eight feet horizontal distance from hinge for roads without a ditch, and horizontal distance of five feet from the shoulder of the fill side.

(b)-Logs and windfalls

(1) Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cut slope and moved to the lower side of the road beyond the clearing limits. Logs placed on the fill slope of the roads shall be outside the clearing limits and at least two feet below the shoulder elevation. The remaining portion of the log or wind fall that lies on the upper side of the road shall either be firmly anchored to prevent sliding inside the clearing limits or moved across the road as described above.

(2) Windfalls on the fill slope side within the clearing limit which extend above the road elevation shall be cut off at least two feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed or scattered so that limbs do not extend above the roadway elevations.

(c)-Brush and trees six inches or less in diameter

Road Maintenance IDIQ

(1) All brush and trees with a stump diameter of six inches or less located inside the clearing limits (except on the road bed) shall be cut off no higher than six inches above the ground level as measured on the uphill side. Road bed clearing limit vegetation stump height shall not exceed two inches.

(2) All brush, slash, trees, etc., shall be cut off cleanly, with no material left partially cut, bent over, or matted down.

(3) No brush, slash, or other material shall be disposed of in creeks or streams, and shall not interfere with or obstruct drainage facilities.

(4) All slash having a diameter greater than two inches and a length greater than two feet, or a length greater than three feet regardless of diameter shall be disposed of by scattering outside the clearing limits so that no material extends above the roadway elevation.

. (d)-Trees in excess of six inches in diameter

(1) Trees in excess of six inches in diameter, when measured six inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the traveled way.

(2) Debris shall not be allowed to accumulate in heavy concentrations, and should be distributed outside the clearing limits adjacent to the cutting areas.

(3) Piling. Will not be required under this contract.

(4) Chipping. When disposal of slash is by chipping, the chips shall be deposited on the fill slope and outside the cleaning limits, to a loose depth not to exceed six inches.

CONTRACTOR QUALITY CONTROL PLAN-ROAD MAINTENANCE. Contractor shall provide a Quality Control Plan as required by the technical proposal outlined in Section M. As a minimum, the Quality Control Plan must outline how quality of work will be monitored, supervision of crew and work, and personnel that will be performing the quality control. In addition, the Quality Control Plan must ensure:

-Monitoring of quality is timely, consistent, and accurate -Problems are resolved quickly and effectively

Contractor shall document Quality Control inspections as required by this contract and provide that documentation, by road, in a format and at time satisfactory to the Contracting Officer.

PERFORMANCE STANDARDS SUMMARY: (see attachment, Section J)

SECTION D - Packaging and Marking

No clauses included.

SECTION E - Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

(a) Inspection Procedures

(1) The Government will normally inspect completed sections of road within 5 workdays following Contractor's notification of completion of the maintenance work.

(2) Unacceptable work shall be re-accomplished at the Contractor's expense.

SECTION F - Deliveries or Performance

Road Maintenance IDIQ 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): www.arnet.gov/far/; www.arnet.gov/far/;

www.usda.gov/procurement/policy/agar.html

52.242-17 Government Delay of Work. (APR 1984) 52.252-15 Stop Work Order (AUG 1989) 452.211-74 Period of Performance. (FEB 1988)

The base period of performance of this contract is from contract award through March 31, 2013.

Option Year 1 period of performance is April 1, 2013 through March 31, 2014.

Option Year 2 period of performance is April 1, 2014 through March 31, 2015.

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

The Contractor shall be required to (a) commence work under this contract as directed by the Task Order within 7 calendar days after the date the Contractor receives the Notice to Proceed in writing, (b) prosecute the work diligently, and (c) complete the work on or before the contract completion date stated in the Task Order. The time stated for completion includes final cleanup of the premises.

The Government estimates work to begin August 1, 2012.

NOTE: No work shall be allowed on weekends or holidays unless approved by the Contracting Officer.

ADDITIONAL DELIVERIES OR PERFORMANCE REQUIREMENTS

(a) Location of Work. Work Lists for the roads will be furnished at the time the Task Order is placed. Directions and maps for worksites will be supplied by the Government as part of each Task Order.

(b) Operating Supplies. Fuel, oil, and other operating supplies shall be furnished by the Contractor.

(c) Repairs. All repairs to equipment under this contract shall be made and paid for by the Contractor.

(End of Clause)

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award.

The conference will be held at the Helena National Forest Supervisors Office, 2880 Skyway Drive, Helena, MT. (End of Clause)

METHOD OF MEASUREMENT METHOD OF MEASUREMENT

(a) Schedule of Items for Road Maintenance (Aggregate and Native Surface). Road maintenance will be measured to the nearest tenth of miles along the road centerline of the entire roadway cross-section regardless of the number of passes required for a given length, and shall include only those sections of the roads which are included in the Task Orders and in accordance with the specifications in this contract. Measurement will be by the odometer of a Forest Service vehicle designated by the Contracting Officer. Parking areas, turnouts, and approach road connections are considered as adjuncts to the main roads and shall not be measured separately.

(b) Mobilization for Items in the Schedules. Bid unit prices for mobilization shall include demobilization.

Mobilization for equipment to perform the tasks as listed in the Schedule will be paid, at the cost per mile bid rate, from a starting point at the Supervisor’s Office in Helena, Montana, 2880 Skyway Dr., to the beginning of the work task. Subsequent mobilizations will be paid, at the cost per mile bid rate, from the current work site to the next task location.

(c) Road Brushing. Road brushing will be measured to the nearest tenth of mile along the road center line and shall include only those sections of the roads which are included in the Task Order and completed in accordance with the contract

Road Maintenance IDIQ specifications. Start and end points of each section will be staked by the Engineer. Mileage includes brush cutting on both sides of the road. Measurement will be by the odometer of a Forest Service vehicle designated by the Contracting Officer.

BASIS OF PAYMENT

Payment shall be made for completed and accepted work at the contract unit price for the applicable item, which price and payment shall constitute full compensation for all labor, equipment, tools, and incidentals necessary to complete the item.

SECTION H - Special Contract Requirements

USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

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

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

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention measures will be established.

WORK SEQUENCE

The work on each road must be completed before moving on to the next road, unless otherwise approved in writing by the Contracting Officer.

NOXIOUS WEED CONTROL

This project lies within a weed management district, which is any area of land identified for the purpose of weed management or control.

Such an identified land area may be, but is not limited to, one of the following: (1) a project or jobsite, (2) a county, (3) two or more counties, or (4) a National Forest.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State Department of Agriculture, or by the County Weed Management District, or by other appropriate agencies having jurisdiction.

To help stop the spread of weed seeds, this work will require the Contractor to wash his equipment and support vehicles prior to entering the weed management district. The equipment and support vehicles shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris from the machine. Before moving the equipment to the jobsite, it shall be inspected and approved by the Contracting Officer or designated representative.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide a list of Government property that will be provided to the Contractor for the use in performance of each task order. This property shall be used and maintained by the Contractor in accordance with the provisions of “Government Property” FAR clause contained elsewhere in this contract.

FIRE CONTROL

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.

Road Maintenance IDIQ

SECTION I - Contract Clauses

52.202-1 Definitions. (JAN 2012)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-7 Central Contractor Registration. (FEB 2012)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.212-4 -- Contract Terms and Conditions -- Commercial Items.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C.

6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved] __X_ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

Road Maintenance IDIQ ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

___ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

___ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

Road Maintenance IDIQ ___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C.

3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215- 2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

Road Maintenance IDIQ

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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 date of contract award through March 31, 2016.

(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 $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (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 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) 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)

(a) 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

Road Maintenance IDIQ 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 the date stated on the last task order’s performance period within the effective period of the contract.

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 hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of the end of the base period or each option period as required.

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 15 calendar 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 4 years.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns. (JAN 2011)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-41 Service Contract Act of 1965. (NOV 2007)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Road Maintenance IDIQ Employee Class Monetary Wage - Fringe Benefits

23440 – Heavy Equipment Operator $19.96 + fringe benefits

Wage Determination No: 2005-2317 Revision No: 11 Date of Revision: 06/13/2011 http://www.wdol.gov/sca.aspx#4

(End of clause)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-11 Extras. (APR 1984)

52.232-17 Interest. (OCT 2010)

52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2012. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th of the base and subsequent option years, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-23 Assignment of Claims. (JAN 1986)

52.232-25 Prompt payment. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.242-13 Bankruptcy. (JUL 1995)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

52.248-1 Value Engineering. (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

Road Maintenance IDIQ 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): http://farsite.hill.af.mil/vffara.htm

(End of clause)

52.253-1 Computer Generated Forms. (JAN 1991)

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.