a.AG-04M3-S-17-0058.docx

Solicitation AG-04M3-S-17-0058 Big Game Fence Construction & Maintenance IDIQ RFP Construction Starkey Experimental Forest & Range Solicitation AG-04M3-S-17-0058 Big Game Fence Construction & Maintenance IDIQ RFP Construction Starkey Experimental Forest & Range

9 OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04M3-S-17-0058

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

5/3/2017

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

825851

6. PROJECT NO.

400006

Contracting East Acquisition Area Wallowa-Whitman National Forest 1550 Dewey Ave Suite A Baker City OR 97814

Same as Block 7

Sue Domina, CO B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-523-1263

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):

Big Game Fence Construction and Maintenance IDIQ Starkey Experimental Forest & Range

100% Set-Aside for Small Business

11. The Contractor shall begin performance within 10 calendar days and complete it within per Task Order after receiving |_| award, |X| notice to proceed. This performance period is |_| mandatory, |X| negotiable. (See Section F)

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

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

CONTRACTOR’S COPY

SF 1442

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area 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

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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

TABLE OF CONTENTS

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Ea

Mile

Bonding & Mobilization are listed as a separate line item used only for construction.

Service task orders do not require bonding and mobilization shall be included in the unit price quoted per Task Order.

Task Orders will follow the above listed Item Nos. when being issued and may also have sub-items. Task Orders will have quantities, method of measurement, and units listed.

The attached Task Order will be used for price evaluation and will be awarded.

SECTION C - Description/Specifications/Statement of Work C-1. Description of Work

This solicitation is for construction and maintenance of big game fencing at the Starkey Experimental Forest and Range on the Wallowa-Whitman National Forest.

Contractors shall be big game fence specialists - capable of performing all aspects of construction and maintenance - and shall have experience working with a variety of complex soil and terrain issues. Contractor is required to perform 100% of the work, no sub-contracting allowed.

The Starkey Experimental Forest and Range includes a 40 square mile enclosure for big game research. The fence is high tensile 8 foot fencing, utilizing both treated wooden posts and steel t-posts. The wire is 6-foot high tensile Tightlock woven wire, with two strands of single high tensile wire at the top and a single high tensile wire on the inside of the post, originally meant for electrification.

The perimeter fence is approximately 26 miles long and was constructed in 1989. Being nearly 30 years old, many of the treated wooden posts have failed, rotting off at ground level. Replacement of these posts requires that the partially rotten remains be removed to utilize the same hole – most of these postholes were drilled into fractured basalt with a track mounted well drilling rig with a 10” bit. Past post replacement was accomplished with a carbide bit auger with hydraulic down pressure, mounted on a skid-steer. No blasting or burning out posts shall be permitted.

The Contractor shall brush out a 10-foot wide fence right-of-way around the outside fence perimeter and anything impeding the fence or gates. Brushing may consist of sawing stumps nearly level with the ground, removing brush, remnants of burn piles, trees, and other debris, to allow unobstructed access to the fence and passage of an All Terrain Vehicle, within the fence right-of-way. Trees that are removed shall be piled in accordance with the attached hand piling specifications to enable the Government to burn.

The contractor shall secure the fence line at the end of each day in order to prevent large animals from entering or leaving the area enclosed by the fence.

General Requirements

1. Wooden post replacement – unstaple existing post, remove material from the existing posthole to full depth (34” min.) without enlarging the hole, replace with new post, retamp post, and reattach wire to the new post.

2. Wire stretching – in places where multiple posts have failed close together and the fence has sagged and stretched, the woven wire shall be restretched prior to reattaching to the new posts. This task requires that adjacent t-posts be unclipped, the individual line wires cut, stretched and spliced, and the t-post clips reinstalled.

3. H-brace repair – replace any rotten posts and cross pieces as needed, reattach using lag bolts instead of spikes, and replace strain wires with high tensile wires and ratchet strainers.

4. Single strand removal – the current single high tensile strand on the inside of the posts is no longer needed and in disrepair. This task includes unstapling the wire, cutting it into manageable pieces and rolling up the wire and disposing off site.

5. Steel post replacement – where t-posts have been badly bent and cannot be straightened in place, unclip the original post, pull it, and replace with a new post and clips.

6. Steel post straightening – where existing t-post can be straighten in place and reused.

7. Fence line clearing – clear trees, brush and debris along the outside perimeter of the fence for a width of 10 feet. Trees impeding the fence on both sides of the fence that cannot be safely removed, trim branches to a height of 15 feet. Pile all materials in burn piles according to hand piling specifications. Cutting and scattering is not allowed. Provide the Government a map showing approximate locations of the piles.

8. General fence maintenance – includes but not limited to re-tamping loose posts, tightening lose wire and signal strand wire removal.

9. Gate Construction or Maintenance – replacing entire gate or repairing, e.g. tightening bolts, realignment, etc.

C-2. Project Location

From La Grande, Oregon, preceed northwest on I-84 towarrds Pentleton, Oregon. At exit 252 turn west on to State Route 244 towards Ukiah, Oregon. Continue on State Rout 244 approximately 17 miles to the junction of Forest Service (FS) Road 2120 and State Route 244. Turn right (north) on FS road 2120 and travel approximately 1.5 miles to the main administration site located on the left.

C-3. Project Estimate

This IDIQ is capped at $1,000,000. Project estimates will be listed on individual construction Task Orders. Estimates will not be listed for service type work.

C-4. Bio-Preferred

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) 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 (CO).

The following are examples 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 vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Diesel fuel additives Greases 2-cycle engine oil Wood and concrete sealers Cleaners Multipurpose Lubricants Chain bar lubricants

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 shall provide data for their biobased products such as biobased content.

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 biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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.

452.211-72 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 Section J.

452.211-73 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.

SECTION D - Packaging and Marking

(There are no provisions or clauses for this section)

SECTION E - Inspection and Acceptance 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.acquisition.gov/far 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.246-12 Inspection of Construction. (APR 1996)

INSPECTION

The contractor shall provide a table to the COR weekly during the performance of work. This table will aid in inspection and documentation for payment. The table shall be in a format similar to the example shown below or another approved format. This table shall denote which posts where replaced and what work occurred in that section of fence.

Example:

Definitions: W=wood post, S=steel T post, BOP=beginning of project, EOP=end of project

0.0

Fence line clearing

PERFORMANCE REQUIREMENTS – CONSTRUCTION

All performance requirements and inspection and acceptance procedures for construction are found in the construction specifications that will be referenced in individual Task Orders.

PERFORMANCE REQUIREMENTS – SERVICE WORK

All work shall be performed in accordance with performance based standard specifications specified in a task order.

Acceptable Quality Levels (AQLs) for each performance standard are also established in individual Task Orders. AQLs may vary between forests. These AQLs will apply to ordered work specified in a task order.

CONTRACTOR QUALITY CONTROL INSPECTION – SERVICE WORK

Contractor Quality Control – Individual Task Orders

The successful Offeror(s) shall provide a written Quality Control Plan satisfactory to the Government describing how contractor will control work quality and document inspection results for awarded pay items.

Contractor shall conduct ongoing quality control inspections in accord with the approved plan. Contractor shall also provide written certification for all invoiced work that was accomplished in accordance with the terms and conditions of the contract.

Inspection shall be maintained concurrent with contract work. Contractor inspection results shall be available to the Contracting Officer at all times.

GOVERNMENT QUALITY ASSURANCE – SERVICE WORK

Government Quality Assurance Plan

The Government may make periodic inspections while work is in progress. After completion of a pay item, the Government may also inspect to determine compliance with performance standards and acceptable quality levels. Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive.

SECTION F - Deliveries or Performance

F.1. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 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 time specified on individual Task Orders.

F.2. IDIQ

This is a firm fixed price single award Requirements Indefinite Delivery Indefinite Quantity (IDIQ) contract that is in effect upon award for a period of 5 years (2017 – October 1, 2022) not to exceed $1,000,000.

The time stated on individual Task Orders for completion shall include final cleanup of the premises.

F.3. BioPreferred Product Performance Requirements Summary

Required Service - Ensure the mandatory purchasing & use of biobased products.

Performance Indicator – Quantitative Factor Performance Standard - Contractor compliance with FSIRA, EO 13423, and FAR Surveillance Methodology – 100% Inspection

AQL – 100%

Deduction – Will be assessed on a per Task Order basis. 2% of total quote per Task Order and a poor performance evaluation for this item. Continuance of non-compliance will result in the Contractor being in default.

SECTION G - Contract Administration Data G.1. 52.236-26 Preconstruction Conference. (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

G-3. Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Contractor shall supply staples, clips, splices, ratchets, lag bolts, and all other materials deemed necessary to complete this project that is not Government furnished.

SECTION H - Special Contract Requirements H-1. Product Substitution

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-2. Contractor’s Representation & Responsibility

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-3. Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-4. Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-5. 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 in compliance with reasonable and customary manufacturing and construction tolerances.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H-6. Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H-7. Traffic Control

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, flagman 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.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-8. Safety

Contractor shall submit a Safety Plan, addressing at a minimum the following known safety issues and along with a mitigation plan, to the Contracting Officer for review and approval before commencing work.

a. Cell phone or radio availability for emergencies

H-9. 52.236-6 Superintendence by the Contractor (APR 1984).

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H.10. BONDS

Bonding requirements are based on individual project estimates for construction Task Orders.

-For estimates that are greater than $150,000 Performance & Payments Bonds are required. See Section I.

-For estimates that exceed $35,000 but do not exceed $150,000 Alternative Payment Protections are required. See Section I.

-For estimates that are less than $35,000 no bonding is required and no bonding clauses are applicable.

No bonding for service type work.

H.11. BRIDGE OVERLOAD PERMITS

Bridge overload permits are required for any gross vehicular weight (vehicle plus cargo) that exceeds 80,000 pounds or a lower maximum allowable gross vehicle weight dictated by the Bridge Formula (23 CFR Part 658.17), based on the number of axles and the axle spacing. In addition to 80,000 pounds gross weight, overload permits are required for vehicles that exceed:

· 20,000 pounds single axle load

· 34,000 pounds dual axle load

· 8.5 feet in width

· 14 feet in height

· 40-foot length for a single unit

· 60-foot length truck and semi-trailer

· 65-foot length for a “stinger steered pole trailer”, i.e. log truck

· 4 feet of front bumper overhang

An overload permit application must be completed by filling out the “U.S. DEPARTMENT OF AGRICULTURE – FOREST SERVICE, BRIDGE USE APPLICATION AND PERMIT” (sample attached) and returning it to the CO. The Forest Bridge Engineer will review the information and, if complete, conduct an analysis of the proposed overload by comparing it with the load ratings of any bridges to be crossed. The analysis will then be forwarded to the Regional Office for review and signature. Final approval requires signature of the Forest Supervisor. The applicant should allow for 30 days’ time to process the permit application.

There are three road bridges within Starkey Experimental Forest and information for those bridges is provided in the following table:

Questions or additional information may be directed to the Wallowa-Whitman NF Bridge Engineer, Jim Carnahan, 541-523-1273, jcarnahan@fs.fed.us.

SECTION I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (OCT 2016) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.219-8 Utilization of Small Business Concerns. (NOV 2016) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (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) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-41 Service Contract Labor Standards. (MAY 2014) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 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) 52.236-7 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) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.242-13 Bankruptcy. (JUL 1995) 52.243-1 Changes-Fixed Price (AUG 1987) 52.243-4 Changes. (JUN 2007) 52.245-1 Government Property. (JAN 2017) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

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 April through September.

(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 $15,000, 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 item in excess of $200,000;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 30 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 5 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.

Task Order Issuance

Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

Warranted Contracting Officers within the Contracting East Acquisition Area or R6 AQM CO’s working on Starkey Fence projects are authorized to place task orders against this contract within their delegated warrant authority.

(a) Ombudsman Description. In accordance with FAR 16.505(a)(8), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a TO under this contract, except for a protest on the grounds that a task order 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:

Assistant Director for Operations, Acquisition Management, Washington Office

52.216-21 Requirements. (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 [insert date].

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 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 October 1, 2022.

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

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) In compliance with the Service Contract Labor Standards statute 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

Fringe Benefits

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

Irrevocable Letter of Credit;

Tripartite Escrow Agreement;

Certificates of Deposit;

Payment Bond

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

(a) "Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire…