CompleteSolicitation.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04T0-S-16-0019

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

11 April 16

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

794869

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SIUSLAW NATIONAL FOREST

3200 SW JEFFERSON WAY

CORVALLIS, OREGON 97331

ATTN: CONTRACTING

SIUSLAW NATIONAL FOREST

3200 SW JEFFERSON WAY

CORVALLIS, OREGON 97331

9. FOR INFORMATION

CALL:

A. NAME

CONTRACTING OFFICE

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

(541) 750-7116

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):

RFP AG-04T0-S-16-0019

2016 MULTI-AGENCY ROAD CONSTRUCTION INDEFINITE DELIVERY INDEFINITE

QUANTITY (IDIQ) CONTRACT

FREMONT-WINEMA, MT. HOOD, ROGUE RIVER-SISKIYOU, SIUSLAW, UMPQUA AND

WILLAMETTE NATIONAL FORESTS, COLUMBIA RIVER GORGE NATIONAL SCENIC AREA,

COOS BAY, EUGENE, MEDFORD, ROSEBURG, AND SALEM DISTRICTS (BUREAU OF LAND

MANAGEMENT)

Price Range The Government's estimate is more than $10,000,000.

SEE SECTION B

THIS IS A SMALL BUSINESS SET-ASIDE PROJECT. OFFERS RECEIVED FROM OTHER THAN

SMALL BUSINESSES WILL BE REJECTED.

* Blocks 11, 12 & 13B: See elsewhere herein for detailed information.

11. The Contractor shall begin performance within * calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

* YES per Task Order NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and -0- copies to perform the work required are due at the place specified in Item 8 by 4:00 PM local time 5/11/16 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.* per Task Order

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

D. Offers providing less than _60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

2016 MULTI-AGENCY ROAD CONSTRUCTION INDEFINITE DELIVERY INDEFINITE

QUANTITY

(IDIQ) CONTRACT

FREMONT-WINEMA, MT. HOOD, ROGUE RIVER-SISKIYOU, SIUSLAW, UMPQUA AND

WILLAMETTE NATIONAL FORESTS, COLUMBIA RIVER GORGE NATIONAL SCENIC AREA,

COOS BAY, EUGENE, MEDFORD, ROSEBURG, AND SALEM DISTRICTS (BUREAU OF LAND

MANAGEMENT)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

This is an indefinite-delivery, indefinite-quantity contract with a period of performance of 5 years from the date of contract award.

PERFORMANCE PERIOD – Date of Award through five years (estimated June 1, 2016 through May 31, 2021)

The Ordering Periods above establish date limits for the issuance of Individual Project Task Orders.

Actual performance periods for completion of work included in Individual Project Task Orders may extend beyond these dates. See Section F.

The actual value of each contract is based on the cumulative amounts of Individual Project Task Orders and any modifications to them.

DUNS Number________________________

EMAIL ______________________________

NOTE: Contractor MUST register in the Central Contractor Registration (CCR) data base and Online Representations and Certifications Applications (ORCA). These are now consolidated at the following site: https://www.sam.gov/portal/public/SAM/

AG-04T0-S-16-0019

https://www.sam.gov/portal/public/SAM/

BASIS OF AWARD:

The Government anticipates award up to ten (10) contractors as a result of this solicitation. Actual number of awards may be more or less, depending on offers received. Award will be made on the best value for the Government. Offerors must respond to the other factors as described under EVALUATION CRITERIA in Section M. Award will be made on the best value for the Government.

ISSUANCE OF TASK ORDERS:

All work will be ordered by Fixed price TASK ORDERS (TO) and subject to Fair Opportunity through May 31, 2021 (this is based on an estimated award date of June 1, 2016).

Concurrent Task Orders may be issued. Orders may be issued orally and followed up in writing, by facsimile or by electronic commerce methods.

Any Forest Service and Bureau of Land Management warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract.

Estimated start work dates and performance times will be identified on each Task Order. Task Orders may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

REFER TO CLAUSES 52.216-18 ORDERING AND 52.216-19 ORDER LIMITATIONS, AND

CLAUSE 52.216-22 INDEFINITE QUANTITY.

B-1 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73)(FEB

1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $2,500.00 for each awarded contract over the life of the contract, but not in excess of $20,000,000.00 aggregate for all awarded contracts.

C-1 SCOPE OF CONTRACT

This contract covers multiple projects for heavy and highway construction on the Umpqua, Rogue River- Siskiyou, Fremont-Winema, Mt. Hood, Willamette and Siuslaw National Forests, the Columbia River Gorge National Scenic Area, and Eugene, Roseburg, Medford, Coos Bay and Salem Districts of the Bureau of Land Management and adjoining lands in Western Oregon. Individual projects may include construction and reconstruction of forest roads, administrative sites and recreation sites, road decommissioning, stewardship resource extraction and related work.

The major categories of work activities required by the contract include clearing, resource product removal*, earthwork, structural embankments, drainage structures, pit/quarry development, road base and surfacing, road structure demolition, road structure construction (such as retaining walls and minor bridge work) and road obliteration (decommissioning). Minor bridge work for new construction includes any simple span bridge structure equal to, or less than 80’-0” span length. Bridge superstructure may be precast reinforced concrete, precast-prestressed concrete, or timber. Bridge abutments may be reinforced concrete or timber grade beams, cast-in-place reinforced concrete shallow foundation, precast concrete modular block foundation, geosynthetic reinforced soil foundation, or driven or drilled steel piling foundation with a cast-in-place concrete pile cap. Other related work activities may also be included.

(* along with other forest products this may include marketable timber when authorized under “stewardship” authorities)

The contract incorporates Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 or any future approved version) in U. S.

customary measurement format. The contract also incorporates additional standardized terms and conditions that consistently apply to this type of construction.

This is an Indefinite Delivery Indefinite Quantity contract, allowing specific projects to be added via Individual Project Task Orders as they are developed.

Individual Projects will be packaged with the project-specific details that supplement the standard specifications and terms of the basic contract. These Individual Project requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific Individual Project.

For each Individual Project a best-value analysis and source selection will be completed. Project-specific pricing and project-specific technical proposals will be requested as described herein. See Section G.

If a fair and reasonable price is negotiated through the Individual Project proposal process, an Individual Project Task Order will be prepared for that specific project. The actual contract value is based on the cumulative amounts of these Individual Project Task Orders and any subsequent modifications to them.

If a fair and reasonable price is not reached through the Individual Project proposal process, that Individual Project will be withdrawn for acquisition separate from this contract. Pricing of Individual Projects will be firm-fixed price.

Bonding requirements will be included with each Individual Project Task Order and will apply only to that specific Individual Project Task Order. There are no separate bonding requirements for the contract as a whole.

The Government reserves the right to determine whether any specific Individual Project is to be made available under this contract. Numerous projects that also use the standard specifications and terms covered under this contract may be acquired separately from this contract. Typical projects that may be contracted separately often involve work that is more specialized in nature [e.g. a project for road striping only, a project that is primarily concrete work, a project that is primarily for asphalt placement, a project that is primarily bridge construction, etc.]. Other factors may also influence whether projects are applied under this contract.

C-2 INDIVIDUAL PROJECT LOCATION

The area covered by this contract includes the Fremont-Winema, Mt. Hood, Rogue River-Siskiyou, Siuslaw, Umpqua, and Willamette National Forests, the Columbia Gorge National Scenic Area, and the Coos Bay, Eugene, Medford, Roseburg, and Salem Districts of the Bureau of Land Management.

These areas include Western Cascades, Coast Range, and Klamath Mountains Range forest lands within Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Deschutes, Douglas, Hood River, Jackson, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Wasco, Washington, and Yamhill Counties. This area also includes Rogue River-Siskiyou National Forest lands in Siskiyou County, California and the Columbia River Gorge National Scenic Area lands in Clark, Klickitat, and Skamania Counties, in Washington. Administrative sites, recreation sites and other developed sites associated with these National Forests are included. Work could include watershed improvement work and Scenic Byway Enhancement work on privately owned adjoining lands or adjoining federal lands managed by other federal agencies.

C-3 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR

452.211-73 (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.

C-4 FEDERAL HIGHWAY ADMINISTRATION STANDARD SPECIFICATIONS FOR

CONSTRUCTION OF ROADS AND BRIDGES

The Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 Customary Units 2003 and Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 Metric Units 2003 or newer Forest Service approved editions, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Delete any reference to Department of Transportation Acquisition Regulations (TAR) wherever shown.

C-5 CSI SPECIFICATIONS

Individual projects may include CSI specifications in place of the Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 Customary Units 2003 or Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 Metric Units 2003. CSI specifications will be provided with each individual project order.

C-6 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

The standard specifications that apply will be identified with Individual Projects. A Specification List and the actual Special Project or Supplemental Project Specifications will be included. Section 100 through 149 of the Standard Specification and all other Standard or supplemental specifications shown in the Specification Listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

C-7 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of contractor, subcontractor, supplier and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor’s stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents.

Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C-8 PRODUCTS SAMPLES AND/OR SUBMITTALS

The following submittals, shop drawings, material certifications and/or testing reports are required.

Where this information is specific to an Individual Project Task Order it shall be prepared and provided specifically for that Task Order:

Title

Referenced by Contract clause or Specification No.

Time of Government

Approval After

Submittal Traffic Control Plan Standard specifications 7 days Safety Plan, including Blasting Plan where applicable

Accident Prevention clause

[FAR 52.236-13]

N/A

Engineered Spill Prevention Plan

Landscape Preservation and Hazardous Materials clause in section H

2 days

Fire Plan R6-FS-6300- 55 and Certification that your Fire Tools and Equipment are in full compliance with the contract requirements

R6-FS-6300-52 part 2 in Section J N/A

Proposed Progress Schedule

Schedules For Construction Contracts

[FAR 52.236-15]

N/A

Designation of Representative R6-FS- 6300-6

Superintendence By The Contractor

[FAR 52.236-6]

N/A

Drug Free Workplace Drug-Free Workplace N/A

Policy [FAR 52.223-6] SF1413 - Statement and Acknowledgement for each Subcontractor including Owner/Operators and other Sole Proprietorship Subcontractors [not required for material suppliers]

Subcontracts (Labor Standards)

[FAR 52.236-11]

N/A

Payroll Record WH347 Certified Payrolls submitted weekly

Payrolls And Basic Records

[FAR 52.222-8]

N/A

Erosion Control Plan As required by Specifications 7 days

C-9 SHOP DRAWINGS

Time of Government Approval After Submittal

Shop Drawings As required by Specifications 7 days

C-10 MATERIAL CERTIFICATIONS AND TESTING REPORTS

Time of Government Approval After Submittal

Product and Material Certifications and Literature

As required by Specifications 7 days

C-11 BIO-PREFERRED PROGRAM REQUIREMENTS

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., insulating foam, composite panels, and concrete and asphalt release fluids) 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 Representative (COR).

The following is an example list of products that may be used in this contract for minor construction 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 meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Wood and concrete sealers Fertilizers Adhesive and mastic removers Cleaners Sorbents Insulating foam Sealers Metalworking fluids Graffiti and grease removers Degreasers De-icers

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.

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

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

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.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E-1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location.

(End of clause)

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

E-4 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.

http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F-1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from date of award through the period specified below:

Period

Individual Project

Ordering Period

Latest* Possible

Performance Date

Performance Period

Award date (projected June 1, 2016) through May 31, 2021 through May 31, 2022 unless extended by mutual agreement

Task Orders issued prior to the end of the current Ordering Period may provide for work under those Task Orders to be completed at a later date. In order to allow reasonable time for actual construction work, specific project performance periods may extend beyond the Ordering Period by 12 months or longer.

Performance time for all Task Orders will run concurrently within the contract period unless an exception is established by mutual agreement.

*Individual Project Task Orders may require much shorter completion periods. The dates shown above are for the purpose of providing a “latest date” limitation under the contract.

F-3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S

CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or

AG-04T0-S-16-0019

http://www.arnet.gov/far/ resource damage to the project, access roads to the project or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

(2) Failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

F-4 INDIVIDUAL PROJECT TASK ORDER PERFORMANCE PERIOD

REQUIREMENTS

The following clause [FAR 52.211-10] shall apply to each Individual Project Task Order. A specific completion date and Notice to Proceed date will be included within the Individual Project Task Order.

The specific days/dates included under an Individual Project Task Order will vary considerably. The allowed performance completion period for an Individual Project Task Order will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance.

F-5 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fourteen (14) 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 ____________. [For each Individual Project Task Order the Contracting Officer will specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.] The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by_______________[For each Individual Project Task Order the Contracting Officer will provide an assumed effective date for notice to proceed]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND

AWARDING TASK ORDERS

(a) After award of the Request for Proposals the Individual Project proposals and awards shall follow the process established in this section.

(b) Initial Source Selection for Individual Project Proposal Submission. It is the Government’s intent to provide each contract Awardee with a fair opportunity to be considered for each Individual Project.

“Awardees” refers to the Contractors receiving awarded contracts under the basic Request for Proposals.

A Contract Specialist from the Issuing Office will be assigned the responsibility for preparation of the Individual Project package. The assigned Contract Specialist may exercise broad discretion in determining which Awardees should be considered for a particular Individual Project. Whenever practicable all Awardees shall be provided Individual Project proposal requests, unless compelling reasons dictate otherwise. Prior to providing Individual Project proposal requests, all Awardees will be evaluated regarding the following:

• Limitations on each awarded Contract based on Offeror Qualification

• Resources and Capabilities relating to the specific project

• Past Performance History

• Responsiveness to prior requests under the contract, if applicable

• Other factors such as pricing, availability and meeting minimum guarantees

Where these considerations cause any Awardees to be eliminated from further consideration, such decision shall be final.

Competitive proposals will be sought from the selected Awardees.

(c) Individual Project Proposal Packaging. As they are developed Individual Projects will be packaged with all necessary detailed requirements that supplement the basic contract. Supplemental information will be formatted to correlate with the basic contract format. Each Individual Project will include the following:

• TASK ORDER form with:

o ISSUING OFFICE shown o PROJECT Section completed including a response time/date o OFFER Section for completion by Offeror o AWARD Section for later execution by ISSUING OFFICE if awarded

• Section B Bid Schedule with detailed Payment Items, Option Items, quantities and units. Unit prices and amounts for Offeror pricing

• Section C Statement of Work – Project Scope, Project Location, Applicable Standard Specifications

• Section D Packaging, if needed

• Section E Inspection Requirements, if needed

• Section F Performance Time – Completion Date or Days and Notice To Proceed Date

• Section G Government Furnished Property/Facilities/Services and any additional Administrative Information

• Section H Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, additional submittal requirements and other details

• Section I Contract Clauses – added regulatory clauses such as Option clauses

• Section J Attachments o Specification List, Special Project or Supplemental Specifications o Drawings o Current Wage Decision that will apply o Questionnaire for Technical Proposal, if needed o Other Exhibits or Attachments

• Section L Instructions for Offer submission

• Section M Evaluation Factors for Source Selection relating to factors other than price

(d) Individual Project Proposal Requests. Individual Project packages will be provided to the selected Awardees, with a specified response date and time. Awardees shall submit their questions related to the project to the assigned Contract Specialist. Submission of written questions may be required. If necessary, a written Amendment to the project package will be issued with an adjusted response date where appropriate.

Individual Project Proposal Requests may require only a price proposal or may also require submission of a technical proposal that is specific to the project.

(e) Individual Project Proposal Submission. Proposals shall be submitted to the issuing office by the specified response date. Proposal submissions shall include:

• Completed and signed “OFFER” section on the TASK ORDER form

• Completed Section B

• Bid Guarantee (20%) if the total offer amount exceeds $150,000.00

• Technical Proposal, if required

Offers are considered firm for 30 calendar days after the response date. Offerors may withdraw their offer or modify their offer at any time prior to award.

(f) Source Selection for Award of Individual Projects. Source selection will be based on the best overall value to the Government, price and other factors considered. Other factors to be considered will be expressed in the Individual Project Proposal Request package. These factors may include one or more of the following:

• Technical Capabilities relating to the specific project [including elements such as Project Sequencing, Scheduling, Resource Availability, Technical Experience]

• Past Performance History

• Other factors

(g) Award of Individual Projects. A written award mailed or otherwise provided to an Offeror shall result in a binding Individual Project Task Order.

(h) No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.

(i) Bonding of Individual Projects Bonding requirements apply separately to each Individual Project Task Order.

Individual Project Task Order amounts $35,000 or less

No bid guarantee is required.

No bonding is required.

Individual Project Task Order amounts exceeding $35,000 but not exceeding $150,000 Refer to FAR 52.228-13 (included in full text in Section I):

No bid guarantee is required.

Alternate Payment Protection is required:

100% Payment Bond –or- 100% Deposit [authorized check/MO]

Individual Project Task Order amounts greater than $150,000.00 Refer to FAR 52.228-1 (included in full text in Section I).

Refer to FAR 52.228-15 (incorporated by reference in Section I).

20% bid guarantee is required.

100% Payment Bond is required.

–and- 100% Performance Bond is required.

G-2 INDIVIDUAL PROJECT TASK ORDERS

Services to be provided hereunder will be ordered by issuance of a written Individual Project Task Order. Each Individual Project Task Order will refer to this contract and will be subject to all the terms and conditions herein. Each Individual Project Task Order will contain the following information.

• Individual Project Task Order Number

• Date of Order

• Accepted Items

• Award Amount

• Itemized Payment Items, Quantities and Prices

• Individual Project Details to supplement the basic contract

Individual Project Task Orders will be firm-fixed price.

The contract minimum amount is offset by the value of awarded Individual Project Task Orders.

Any Forest Service and Bureau of Land Management warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract.

G-3 FAIR OPPORTUNITY

Each contract holder will be given fair opportunity for the Task Order issued. Past Performance, Quality Control, and price, prior to award and during contract performance will be considered on Task Orders.

Ombudsman. If a Contractor believes they are not being fairly considered for a particular Task Order, they may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Forest Service Ombudsman. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor is afforded a fair opportunity to be considered for the Task Order. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Assistant Director for Operations, Acquisition Management, Washington Office Rosslyn Plaza 1621 N Kent Street, Plaza E, Suite 707 Arlington, VA 22209 Phone (703) 605-4665 Facsimile (703) 605-5100

G-4 ADMINISTRATION OF INDIVIDUAL PROJECT TASK ORDERS

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project Task Orders placed under the contract, as if each Individual Project Task Order was a separate contract.

For example, the clause FAR 52.232-5, Payments Under Fixed Price Construction Contracts requires the final payment to be dependent upon (1) completion and acceptance of all work, (2) a properly executed voucher, and (3) a release of claims. All three of these final payment conditions shall apply to each Individual Project Task Order.

As another example, the clause FAR 52.228-15, Performance And Payment Bonds – Construction states, “Original contract price means the award price of the contract…” The term “Individual Project Task Order” is substituted in like meaning and effect for “contract” in this clause.

As another example, the clause FAR 52.219-14, Limitations on Subcontracting states, “By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.”

The term “Individual Project Task Order” is substituted in like meaning and effect for “contract” in this clause.

There are numerous other examples where reference to “contract” shall apply as if the term “Individual Project Task Order” was substituted. The Contractor shall refer all questions to the Contracting Officer if clarification is needed regarding the application of contract clauses to Individual Project Task Orders.

Each Individual Project Task Order is separable to the extent that it will be initiated, performed, administered, completed and closed independently.

1. Individual Project Task Orders may have separate Contracting Officers, Contracting

Officer’s Representatives and Inspectors.

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

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

4. Individual Project Task Orders will have separate payments.

G-5 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” This applies in reference to the basic contract, to the Individual Project proposal and award process and to Individual Project Task Orders. The term “bidder” shall be construed to mean “offeror.”

G-6 INDIVIDUAL PROJECT PROPOSAL RESPONSES

After the basic Request for Proposals is awarded Individual Project proposals are requested periodically. These requests will be limited based on the Offer Qualifications and corresponding contract award limitations. It is understood that the Contractor will be balancing their other commercial work with any proposed work under the awarded contract. Nonetheless there is a general expectation that Contractors will respond affirmatively to the majority of Individual Project proposal requests with a reasonable price and performance proposal. Repetitive failure to respond may impact the source selection process for future Individual Project proposals.

G-7 ISSUING OFFICE ADMINISTRATION

The Issuing Office shall be responsible for fund obligation and payment processing.

The Issuing Office shall complete all Federal Procurement Data System and other reporting.

G-8 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

(This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractural coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractural coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

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

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Normal work season: June through October Restricted work season: October through May (due to heavy precipitation) Normal fire season: June through October

(c) Transportation facilities providing access to the site are identified elsewhere herein.

H-2 PRODUCT SUBSTITUTION

Any modification of 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 has been made. No approvals will be made prior to award.

H-3 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land (identified elsewhere herein) and approved by the Forest Service may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

H-4 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer. The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-5 LOCAL DISPOSAL SITES

Debris encountered in the construction (i.e.; metals) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed off of National Forest System Land, unless other disposal means are authorized in the plans or specifications.

H-6 INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites. A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-7 STATE PUC PERMITS

Forest Service Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the non-applicability of PUC requirements.

H-8 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS AND OTHER DEVICES

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

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.

H-9 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-10 EXCAVATION

All excavation is non-classified.

H-11 MATERIAL SOURCES / DISPOSAL

Rock and mineral soil excavated within the normal excavation shall be conserved and used as needed.

Borrow sources are identified on the plans or elsewhere herein if made available by the Government.

If alternate borrow sources are needed, they must be approved in advance by the COR. Such borrow sources shall be restored to a natural appearance.

Disposal areas shown on the plans are for clearing, grubbing and excavation materials only. No man-made products shall be placed in disposal areas unless approved in advance by the Contracting Officer.

H-12 BLASTING

The Contractor shall comply with State and Federal laws in regards to transportation, storage and use of explosives. The Contractor shall post a watchperson at a safe distance on all approaches to a blasting area on all approaching roads, trails or waterways.

Operational limitations for detonation of explosives will be shown under Individual Projects.

Prior to the start of any blasting activities the contractor shall prepare and provide a safety plan for the activities involved that is consistent with the State OSHA regulations.

H-13 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM LIMITS

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

Operational date and time limitations will be shown under Individual Projects.

If road closure is authorized, any Contractor activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

H-14 CONSTRUCTION STAKES, LINES AND GRADES

(a) The Forest Service will establish controls as shown on the plans. Any Forest Service established control points [if provided] including but not limited to flagging, wire flags, hubs or stakes shall constitute the field control from which the Contractor shall execute the work and shall be left in place until the Inspector or COR approves their removal.

(b) The Contractor shall do all further surveying, staking and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on…