Solicitation_Road_Constr_8(a)_v_05062015.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05G2-S-15-0008

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/05/2015

PAGE OF PAGES

1 74

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service, Pacific Northwest Region, AQM Northwest Contracting Area 1835 Black Lake Blvd., Suite A Olympia, WA 98512

USDA, Forest Service, Pacific Northwest Region, AQM Northwest Contracting Area 1835 Black Lake Blvd., Suite A Olympia, WA 98512

9. FOR INFORMATION

CALL:

A. NAME

MILEY SUTHERLAND

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

(360) 956-2471

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):

a.) Road and bridge construction and repair in Oregon and Washington. This is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

b.) The period of performance for this contract shall not exceed five (5) years.

c.) This is a ‘Best Value” solicitation. See additional requirements in Sections L and M of this solicitation.

d.) This acquisition is a Total 8(a) Small Business set-aside. The contractor is required to perform 15% of any task order, excluding materials.

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 Task Order.)

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 NO

12B. CALENDAR DAYS

As Stated in Task Order

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 4:30 p.m. PDT local time JUL 07, 2015. 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.

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

Invoice Processing Platform (IPP): All invoices must be submitted electronically through the IPP system via www.ipp.gov .

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) http://www.ipp.gov/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B-1 Schedule of Items -Maximum Unit Prices

For each line item state the “Maximum” unit price will be charged during the first year of contract performance. Task orders will be competed among the awarded contractors.

Unit prices offered in task order proposals cannot be greater than the contractor’s contract maximum unit prices, but may be less.

Item No. Description Unit Max. Unit Price

Roadway Excavation, Compaction Method A, Finishing Method B

Cubic Yard

Placing Government-furnished aggregate, Aggregate Surface Course, Grading C, Compaction

Method D

Cubic Yard

204 Haul Material Mile $

251 Placed Riprap, Class IV Cubic Yard

Install 24" diameter corrugated metal pipe, Government furnished, max. burial depth 5'

LF

Install Government

Furnished cattle guard

LF

Install Single Post Sign, Government Furnished

(Sign Only)

Each

B-2 Geographic Area of Operations

This solicitation will result in multiple, indefinite quantity contracts. The Forest Service intends to award a sufficient number of contract’s to provide adequate competition within each area of the

Road Construction & Repair SOL NO AG-05G2-S-15-0008

Pacific Northwest Region, Forest Service

Regional 8(a) Road Construction & Repair

PNW Region. Offeror will identify which areas within the region they wish to be considered for projects. The areas within the PNW Region are:

Eastern Oregon Ochoco National Forest, Prineville, OR;

Umatilla National Forest, Pendleton, OR;

Deschutes National Forest, Bend, OR:

Malheur ational Forest, John Day, OR; and

Wallowa-Whitman National Forest, Baker City, OR.

Western Oregon Rogue River-Siskiyou National Forest, Medford, OR;

Willamette National Forest, Springfield, OR;

Siuslaw National Forest, Corvallis, OR;

Fremont-Winema National Forest, Klamath Falls, OR;

Umpqua National Forest, Roseburg, OR; and

Mt. Hood National Forest, Sandy, OR.

Washington Gifford Pinchot National Forest, Vancouver, WA;

Olympic National Forest, Olympia, WA;

Okanogan-Wenatchee National Forest, Wenatchee, WA;

Colville National Forest, Colville, WA; and

Mt. Baker-Snoqualmie National Forest, Everett, WA.

Responsible Offerors, whose proposals conform to this solicitation, will be evaluated and ranked based upon the Offeror’s experience and past performance performing road and bridge construction similar in nature, scope, and difficulty as this requirement. Contract’s will be awarded to the

Offerors who offer the best value to the Forest Service based upon their area of operations, experience, and past performance.

B-3 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 against each MATOC awarded. The maximum combined contract amount of all MATOC’s awarded as a result of this solicitation is $5,000,000.00.

B-4 Authorized Ordering Individuals

Any Contracting Officer in the Pacific Northwest Region, Forest Service, and Service First agencies in

Oregon and Washington may issue task orders, within their procurement warrant authority, under this contract.

Service First agencies may be found on this site: http://www.fs.fed.us/servicefirst/ .

http://www.fs.fed.us/servicefirst/

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. Background

The U.S. Forest Service, Pacific Northwest Region, requires competitive sources of road construction services who are certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program under Section 8(a) of the Small Business Act (15 U.S.C. 644, as amended). The intent of this procurement is to establish multiple award, indefinite delivery, indefinite quantity, (IDIQ) contracts with 8(a) small business concerns for road construction services.

This solicitation is pursuant the Partnership Agreement between the U.S. Department of Agriculture

(USDA) and the Small Business Administration (SBA). SBA has delegated USDA authority to contract directly with eligible 8(a) firms. The Partnership Agreement implements a USDA initiative designed to streamline the procurement process for awards under the 8(a) program.

Under the terms of the Partnership Agreement, the SBA will not be a signatory to the award resulting from the solicitation, but remains the prime contractor on all 8(a) contract awards. The SBA will however, retain responsibility for 8(a) certification, administering other eligibility related issues under the 8(a) program, and be available to 8(a) firms for counseling and assistance.

The IDIQ contracts resulting from this Request for Proposals (RFP) may be used by the U.S. Forest

Service and Service First agencies in Oregon and Washington as listed in B-3.

C-2. Description of Work

This solicitation and any resulting contracts are for the purpose of acquiring road and bridge construction and repair services for National Forests and Service First agencies in Oregon and the State of Washington. This solicitation will result in multiple awards of Indefinite-Quantity contracts.

The U.S. Forest Service intends to award six (6) MATOC contracts. MATOC contracts will be for five years. All contracts are set-aside for 8(a) small businesses.

Task Orders will identify the general design and performance objectives for the project. Task order will identify any restrictive performance parameters, such as the time window for operating heavy equipment in streams. The task order will include a schedule of items with the estimated quantities for each item.

MATOC Contractors will submit a proposal based upon the general design and performance objectives and the estimated quantities. Award of the task order will be to the Offeror whose offer is the best value.

Individual projects will be issued as Task Orders. As projects are developed they will be competed among the MATOC contract holders as stated below.

Contractors will be required to demonstrate a cumulative bonding capacity of up to $500,000.00.

Performance and payment bonds will only be required for individual construction task orders greater than $150,000.00. Payment protection will be required for individual construction task orders greater than $30,000.00 and less than, or equal to, $150,000.00.

C-3. Project Location

Projects will be located in Oregon and Washington.

C-4. Applicable Specifications

Standard specifications for Forest Service road construction and repair are:

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03/FP-14, U.S. Customary Units, U.S. Department of Transportation, Federal Highway

Administration.

C-5. Ordering Procedures for Task Orders

Each awardee will be given a fair opportunity to be considered for each task order. Each task order will be issued by mail and/or electronic transmission (email) to each awardee. The evaluation factors, including price, will be stated in the task order.

Task Order proposals will not be publicly opened, or released. Unsuccessful offeror's task order proposal information is confidential.

A Task Order will be issued to selected, or all, MATOC contractors, with the scope of work and all attachments (i.e. drawings and specifications).

(a) Task Order (TO). When the Government requires work under the MATOC, a TO will be issued. The TO will include information concerning the project such as contract requirements, physical data, drawings, site visit details, evaluation criteria, and submission requirements.

1) Task Order Pre-award Expenses. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task

Order costs.

2) Site Visits. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers. The Government may, or may not, schedule a joint site visit for individual Task Orders.

3) Proposal Contents. Depending upon the requirements of each TO, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Contractors shall respond within the number of calendar days stated in the TO by submitting a proposal to the Contracting Officer in accordance with the specific requirements of the TO.

4) Contract Prices - Offer Schedules. The Government's payment for the items listed in the

Offer Schedule of individual Task Orders shall constitute full compensation to the

Contractor f o r : ( l ) furnishing all labor, equipment, services, and materials; and (2) performing all operations required to complete the work in conformity with the Task

Order. The Contractor shall include in the prices for the items listed in the Offer

Schedule all costs for work in the scope of work, whether or not specifically listed in the

Offer Schedule.

5) Declining a Task Order. Each contractor shall submit offers on 30 percent of the issued task orders, until awarded a task order which satisfies the minimum contract amount. Thereafter, contractors are not required to submit a proposal for each task order. The contractor must give written notification to the Contracting Officer of the intent to decline competing for a subsequent task order.

6) Evaluation Method and Procedures. The basis of award for individual Task Orders may vary depending upon the goals and objectives of each Task Order. The basis of award will be described in the TO. Examples of basis for award are:

(a) The Task Order will be awarded to the Contractor offering the best value to the

Government, considering both price and non-price factors. The Government reserves the right to accept other than the lowest priced offer. The TO will describe whether price is less important, more important, or equal in importance to non-price factors; or

(b) The Task Order will be awarded to the Contractor offering the lowest price technically acceptable proposal. The TO will describe the evaluation factors and significant subfactors that establish the requirements of acceptability.

7) Award Decision. Whenever possible, award will be made without discussions. Task

Orders will be firm fixed-price with a specific completion date or performance period.

The Government reserves the right to reject all offers.

8) Task Order Format. The TO will contain task order specific supplemental specifications, clauses and provisions.

(b) Task Order Award Notification. Task Order award will be via mail, email, or facsimile. The

Task Order becomes binding when the Contracting Officer signs the order. The Notice to

Proceed (NTP) may be issued separately normally after receipt of acceptable performance and payment bonds.

(c) Insurance. Appropriate proof of insurance must be submitted before work commences.

(d) Performance/Payment Bonds. The Contractor shall submit Performance and Payment Bond documents on a Task Order by Task Order basis. Performance and Payment Bonds shall be submitted for any task order greater than $150,000.00. Only Payment Protection, in the form of a payment bond, or irrevocable letter of credit, is required for task orders greater than

$30,000.00 and less than, or equal to, $150,000.00. The Contractor shall ensure the MATOC contract number AND the Task Order number are included on each Performance and Payment

Bond document. Bond documents not containing the required information will be rejected for corrections.

(e) Forest Service Task Order Ombudsman. If a Contractor has not been afforded a fair opportunity to be considered for a task order, consistent with the procedures of this contract, the Contractor may submit a complaint to the Forest Service Task Order Ombudsman. The

Forest Service Task Order Ombudsman is:

Robert Jaeger, Competition Advocate, Assistant Director, Policy and Systems

USDA, Forest Service

1621 North Kent Street, Rm. 706 RPE

Arlington, VA 22209

C-6. Ordering Procedures for Sole Source Task Orders

(a) The Contracting Officer reserves the right to award a Task Order without competition based on a determination that:

1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; OR

2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; OR

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

4) It is necessary to place an order to satisfy a minimum guarantee.

(b) Subcontractor costs under sole source Task Orders must show adequate competition. Adequate competition may normally be assumed when there are at least three independent subcontractor/supplier quotes.

(c) If needed to determine price reasonableness, the Contractor shall provide copies of their offer worksheets that list the offer item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes and the prime contractor's profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the Government to be able to discern the scope of the services and materials included in the price.

All prices must be fair and reasonable. The Government may negotiate the proposal as deemed necessary.

C-7. Performance Evaluations

Past performance evaluations shall be prepared at least annually or at the time a task order is completed.

C-8. Protests of Task Order Awards

In accordance with FAR 16.505(a) (10), no protest under Subpart 33.1 is authorized in connection with the issuance, or proposed issuance, of an order under a Task Order contract, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

C-9. Additional Contract Awards

The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and geographic area as this contract.

C-10. Wage Rates

40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act, provides that contracts in excess of $2,000 to which the United States or the

District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor. (See Clause 52.222-6 –

Construction Wage Rate Requirements)

The applicable Construction Wage Rate wage determination will be issued with each Task Order

(TO).

C-11. Bio-Preferred Program Requirements

The Contractor shall 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 Representative (COR).

The following is an example list of products that may be used in this contract for operations and maintenance 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

Concrete and asphalt release fluids Absorbents

Diesel fuel additives Greases

Dust suppressants 2-cycle engine oil

Wood and concrete sealers Fertilizers

Roof coatings Water tank coatings

Adhesive and mastic removers Cleaners

Sorbents Floor finish

Floor stripper Composite panels

Insulating foam Sealers

Carpet Metalworking fluids

Graffiti and grease removers Stain 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. The Contractor should 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

Bio-Preferred Program, the Contractor is encouraged to use other 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. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

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.

Within thirty (30) days of task order award, the Contractor shall submit an Operations and

Maintenance Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

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

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

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

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

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

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

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

C-12. Statement of Work/Specifications (AGAR 452.211-72) (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.

C-13. 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.

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

Clause Number Title Date

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 site.

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 Special Project 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

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

F-2 Period of Performance (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is for five (5) years after the date of award.

F-3 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988)

The effective period of this contract is from the date of contract award and ends on the date following the date of final payment under this contract.

This is the “effective period” referenced in Clause FAR 52.216-22 Indefinite Quantity (OCT 1995).

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Contract Prices and Task Order Prices

(a) Unit/line item prices submitted by an offeror are the maximum price the Government will accept.

Contractor can offer lower prices on a Task Order (TO) proposal.

G-2. Post Award Conference (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within

_30_ days after the date of task order award. The conference will be held at a mutually agreed upon location.

G-3. Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information:

"In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: ______________"

G-4. 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.

Item No. Description Qty Location Date Available

As Stated in the

Task Order

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:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

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. 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-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.

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.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

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-5. Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

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. Road Maintenance Requirements

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H-8. Road Use and Maintenance

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those

Forest Service roads designated below for performance of work under this contract.

Road No.

Termini

Authorizations, Restrictions &

Requirements

Maintenance

Required (Yes or No)

As stated in the Task

Order

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the

Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions:

1. The Road Rules in the current National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest

Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3.Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest

Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest

Service overload permits for this project may be obtained from the District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H-9. 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-10. Control of Material

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The

Government assumes responsibility for the quality and quantity of material in the source. The

Contractor shall determine the equipment and work required to produce the specified product.

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

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

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause

52.236-2, Differing Site Conditions.

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

Storage 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, 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 Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest

Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points.

Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H-11. Safety

Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist at the task order work site(s). Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards. Safety Plan shall be submitted to the Contracting Officer (CO) at the post award conference.

The following are potential safety hazards:

1. Traffic Hazards 4. Heavy Equipment Operations

a. Narrow gravel or native surface forest roads

Backing into objects

b. Long, steep grades (less than 20%) Steep side slopes and soft road shoulders

c. Logging traffic Refueling

d. Unskilled visitor traffic Exceeding equipment limitations

e. Dusty conditions hindering visibility behind vehicles

Unsafe equipment / lack of safety equipment

2. Work Environment Operator fatigue

a. Inclement weather with potential for hypothermia

5. Excavation

b. High winds that can bring down trees and rocks

a. Slope instability

c. Wet, snowy or ice conditions making ground unstable

6. Truck Driving & Trailer Towing

d. High decibel noise a. Increased stopping distances

e. Insects, plants, & animals b. Loads insecurely tied down

3. Communications c. Low clearance

a. Poor Cell phone or radio availability for emergencies.

7. Hazard Trees

H-12. Suspensions 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 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 become 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 his/her 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 equitable adjustment.

H-13. Cleaning of Equipment

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the CO prior to moving each piece of equipment onto the project.

Upon request from the CO, arrangement will be made for CO to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project.