SolicitationCopy.doc

Service RFP

AG-24H8-S-12-0022

ANF Road Grading IDIQ

UNDER DPAS (15 CFR 700)

FORMCHECKBOX

NEGOTIATED (RFP)

8. ADDRESS OFFER TO (If other than Item 7)

North East Acquisition Team

4 Farm Colony Drive, Warren, PA 16365 Same as 7. No faxes or emails.

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

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

x

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

To be provided on individual task orders

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

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

FORMCHECKBOX

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

Mark Corse

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ItemNO.

DESCRIPTION Est QUANTITY

UNIT

PRICE

AMOUNT

BRADFORD DISTRICT

BASE YEAR CY 2012

Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

1st OPTION YEAR CY 2013 Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

2nd OPTION YEAR CY 2014 Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

3rd OPTION YEAR CY 2015 Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

4th OPTION YEAR CY 2016 Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

TOTAL BID BRADFORD DISTRICT

Item NO.

DESCRIPTION EST QUANTITY

UNIT

PRICE

AMOUNT

MARIENVILLE DISTRICT

BASE YEAR CY 2012

Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

1st OPTION YEAR CY 2013

Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

2nd OPTION YEAR CY 2014

Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

3rd OPTION YEAR CY 2015

Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

4th OPTION YEAR CY 2016

Road Grading Miles

Road Grading with rolling Miles

Culvert Cleaning Miles

TOTAL BID MARIENVILLE DISTRICT

BIDDER'S NOTES:

1. Base and Option year quantities are stated for evaluation of price proposals only. Actual mileage that could be awarded in option years may vary greatly, dependent upon assessment of needs and available budget.

2. District designation does not necessarily exactly follow district boundaries, but rather is used to give an overall point of reference.

3. This solicitation is being evaluated on a best value approach which includes factors other than just cost/price. Offerors are required to submit a Technical Proposal along with a price proposal. Please refer to Sections L and M.

4. Award will be made by area. It is expected that two awards will be made in order to ensure the needed coverage is provided, one for Bradford and one for Marienville. If you are only interested in being considered for one area, write “no-bid” for the other area.

5. This solicitation will result in award of a performance-based service contract. Review Section E, Performance Incentives, carefully.

6. Contractor must be registered in www.ccr.gov and https://orca.bpn.gov in order to submit an offer on this project.

7. This Indefinite Quantity contracts will require registration in CPARS, a performance rating system. Details will be provided upon award.

452.216-73 Minimum And Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $15,000 , but not in excess of $1,000,000 over the life of the contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

Provide all equipment, labor, materials, tools, and other incidentals and execute all work necessary to perform the required road maintenance on the designated National Forest roads in accordance with the specifications, and bidder’s technical proposal which is incorporated by reference. The work consists of routine maintenance activities normally associated with gravel and native-surfaced roads.

120 - Location and Description of Work

121 - Roads to receive maintenance operations are located within the 2 Ranger Districts of the Allegheny National Forest in McKean, Warren, Forest and Elk Counties, Pennsylvania.

122 - Road lengths that will receive maintenance will vary from 0.1 mile to 12 miles. Total distance of a road will not always be designated for maintenance. Type of surfacing may vary on any one particular road.

130 - Reserved

140 - Schedule of Work

141 - A pre-work conference will be conducted after the contract award at which time a listing of roads will be given to the Contractor. This listing will show individual roads by road number and mileage. Adjustments to this schedule may be made as priorities change. Any such adjustments require prior written documentation (Work Order) from the Contracting Officer.

Also at the pre-work conference, we will discuss non-native invasive plants of concern, species identification and reporting. Maps of infestations and appropriate prevention and mitigation measures will be supplied and discussed. See specification 240.

142 - No more than three (3) individual roads may be worked on at any one time.

143 - The Government reserves the right to prioritize roads that need worked first. Roads that require rolling are considered priority, and labeled as such in the supplied road lists, and must be accomplished prior to other roads being maintained, unless prior approval has been given by the COR.

150 - Equipment Requirements and Transportation

All equipment proposed to be used for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. Equipment specifications and minimum requirements are as follows:

151 –Graders shall be used and equipped with the following items throughout the performance of this contract: Variations to this section require prior written approval from the Contracting Officer.

- All graders shall be equipped with a carbide tipped scarifier type cutting blade, Kennametal or similar.

- A Rollover Protective Structure (ROPS)

- Scarifier with a minimum of 5 teeth

- Fire extinguisher (minimum type B-C)

- Emergency Spill Kit

- A reflective slow moving emblem mounted on rear

- A minimum of 4 flashing lights, (2 forward & 2 rear)

152 – A vibratory steel-wheel roller shall be furnished, minimum 6 tons. The compactor shall be equipped with amplitude and frequency controls and specifically designed to compact the material on which it is used.

153 - Contractor shall furnish a road rake suitable to properly meet the requirements of this contract. Rake shall be sufficiently weighted to prevent any bouncing of the rake during its use.

154 - Any movement or transportation of equipment to or from the work area(s) required to pursue the work, or for repair or replacement is considered for the Contractor's convenience and shall be accomplished at the Contractor's expense.

155 - The Contractor's proposed equipment shall be made available to the Contracting Officer for inspection prior to beginning work on each task order.

156 - The Contractor shall be responsible for using the equipment as specified in their Technical Proposal. Deviations shall be approved by the COR.

160 - Public Safety and Traffic Control

161 - The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users. The contractor shall post warning signs on each end of the section being worked. Signs shall conform to the size and colors as required in the current edition of the "Manual on Uniform Traffic Control Devices." Typical signing would include the installation of "Road Machinery Ahead" signs (W21-3) before and after the work area to warn oncoming vehicles. These signs shall be moved as needed to properly delineate and identify the section of road being maintained. These signs shall be in place only when road equipment or men are actually performing operations. No work shall be performed until signs are properly installed.

162 - As a general rule, signs shall be located on the right-hand side of the roadway. Signs shall be no more than 3 miles apart. When considered necessary by the C.O.R. or inspector, contractor shall be required to decrease this distance if so directed.

163 - All work should be so scheduled that at the end of a working day, the road is passable for the type of traffic normally using the road. If for any reason traffic hazards are left in or adjacent to the road after normal work hours, they shall be properly signed as hazards and visibly illuminated at night.

164 - Segments of unfinished work which may present a hazard to road users, such as rolls of surface materials, berms on the shoulder, etc may not be left in the roadway overnight, weekends, or holidays.

170 - Work hours

Work hours will be during daylight hours, Monday thru Friday. No evening work or work on weekends or Federal holidays will be allowed without approval of the Contracting Officer's Representative.

180 - Damaged structures, pipelines or trees

The contractor shall be held liable and is responsible for any damage caused by his personnel or equipment to any culverts, signs, posts, riprap, or structure. Repair or replacement shall be at the Contractor's expense and at no additional cost to the Government. Ordered repair of culvert inlet or outlet shall be by field methods such as, jacking out or cutting away damaged metal which obstructs flow, or replacing a section if beyond repair. All cut edges and damage to galvanized coating shall be cleaned and treated with zinc-rich coating. In addition, any damage done to underground or over-ground pipelines owned by oil and gas operators will be repaired at the contractor’s expense. Wounds on trees caused by grading will be treated with a commercial tree dressing.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - Maintenance Activities all Roads

211 - Restoring Surface (with & without rolling)

Contractor shall take reasonable steps with the goal being that: All suitable material, which has been worked onto the roadbed edge by traffic or maintenance activities, is reclaimed onto the roadbed.

Total roadbed width, including turnouts, turnarounds, and parking lots shall be bladed and shaped (and rolled if specified) to produce a surface which is uniform, consistent to grade, and crowned or cross-sloped as indicated by the character of the existing surface. Established grasses and other vegetation shall not be removed from areas outside the traveled way except as incidental to providing drainage.

Undercutting of the road surface at the roadbed edge and leaving material berms is unacceptable.

Blading and/or rolling work shall not exceed three mile intervals at one time, however the COR shall retain the right to restrict or extend this distance when in his opinion it is warranted.

The finished surface including transitions between different cross sections shall provide a uniform driving surface. At intersections, the roadbeds of the side roads, which are not closed to vehicular use, shall be bladed to assure a smooth transition.

212 - Rock and Debris Removal All fallen trees, limbs, brush, and other obstructions in the roadbed or in gradeable ditches and drainage ways shall be removed and disposed of manually or mechanically. This work may require a chainsaw.

No material shall be deposited in ditches, or in such places as to interfere with the road drainage. Material shall be "feathered out" such that no berms are created.

213 - Clean and Reshape Ditches

All ditches must be pulled to bring the template of the ditch line back to the originally constructed line and grade to insure drainage of the road. Handwork required to properly connect ditch flow lines to drainage structure inlets is considered a part of this activity.

While removing accumulated ditch line material, back slopes shall not be severely undercut.

When ditch bottoms are soft or if there is standing water present, avoid running the grader tire in the ditch.

Unsuitable material shall be wasted. Unsuitable material will be feathered out in a manner as to not create berms.

214 - Cleaning of Culverts Cleaning of culverts is removing of silt, muck, rock, and debris from the inlet catch basin, inlet and outlet ditches. This is necessary to assure proper flow to, through, and away from the culvert and to minimize erosion and other resource damage.

This work may be accomplished manually, mechanically, or otherwise as specified and accepted in the Contractor’s Technical Proposal.

During the pipe cleaning operation the inlet and outlet end of the pipe will be cleaned a minimum of 3 feet from each end. Pipes more severely plugged will be noted on self-inspection checklist.

Waste material removed, including leaves, shall not be deposited in piles either on the roadbed or the cutslope, but shall be spread out where it will not re-enter the culvert, catch basin, or inlet/outlet ditches. Placing waste material on steep or high cutslopes will not be permitted.

220 - Maintenance Requirements

221 - Maintain road prism to keep the drainage functional and to alleviate erosion or sedimentation on or from the roadway and roadsides. Loose rocks (not embedded "cap" rock) protruding two (2) inches or more above the graded surface shall be removed from or incorporated into the roadbed. Rocks, sod clumps and debris up to two (2) inches in the greatest dimension may remain on the road surface. Blading operations shall be conducted as applicable and shall include removal (by scarifying and/or cutting out) of ruts, potholes, corrugations, and berms. All roads require raking, unless they are to be rolled.

230 - Soil Moisture Conditions

The road shall be moist (wet) enough to blade the surface to a uniform, stable condition, without being so wet as to cause mud and/or rutting (too wet) or so dry as to cause dust (too dry). Contracting Officer will notify the Contractor if conditions are outside these limits. No additional compensation will be due the Contractor for any suspensions due to these conditions. Unless authorized by the Contracting Officer, no surface blading shall be performed while moisture content is outside this range.

240 – Mitigation for Non-Native Invasive Plants

Contractor shall ensure that prior to moving any equipment to a work site on NFS lands it is reasonably free of soil, seeds, vegetative matter or other debris that could contain or hold seeds or reproductive fragments. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Contractor may be requested to begin project operations on uninfested or least infested roads before operating on weed-infested roads (as directed under section 143). Forest Service personnel may determine the need for, and when appropriate, identify sites where equipment can be cleaned prior to leaving the project area. Cleaning of equipment on-site may entail hand-brushing or removal with compressed air. The use of water and/or detergents or other cleaning agents are not to be used unless they are used at a car wash or if materials are used for water catchment and/or treatment. Equipment is not to be cleaned in streams, ditches or other waterways.

250 - Plan of Operation

Within 10 days after start of work, the contractor will submit to the Contracting Officer, for approval, a plan of operation indicating the planned grading operations and proposed timetable to complete the scheduled work activities. Contractor shall notify the COR of any changes to the plan of operation by phone call or e-mail. At a minimum, contractor shall contact the COR at least weekly to discuss the progression of the grading operations.

260 – Quality Control

Contractor is responsible to have in place a quality control system that will ensure work is performed in an acceptable manner. The Contractor will promptly furnish the COR with a copy of all inspection documents Government Inspections are for the Government’s benefit.

270 - Basis of Payment

Measurement shall be made to the nearest tenth (0.1) of a mile using an odometer calibrated over a measured mile.

271 - Pay Item 1, Road Grading includes the following Maintenance Activities:

Restoring Surface

Rock and Debris Removal

Clean and Reshape Ditches

272 – Pay Item 2, Road Grading with rolling includes the following Maintenance Activities:

Restoring Surface

Rock and Debris Removal

Clean and Reshape Ditches

Rolling Surface

273 – Pay Item 3, Culvert Cleaning includes the following Maintenance Activity:

Cleaning of Culverts

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

Performance Incentives

This contract contains both positive and negative incentives.

Performance Work Statement - Contractor

The Contractor shall perform road grading operations in accordance with the specifications contained in this contract, and their technical proposal which is incorporated by reference, including their quality control system.

The Contractor shall provide and maintain a quality assurance inspection system to assure 100% compliance with the road grading specifications. The Contractor shall designate an inspector to complete the government furnished Inspection report for each road and submit the reports to the Government Project Inspector weekly.

Government Inspections

In accordance with the Inspection Clause the Government is able to inspect the entire work the contractor performs, and in all cases, the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

However, for purposes of applying incentives, the Government will conduct a compliance inspection on a random sample of between 20-40% of the roads that contractor’s inspector has reported as completed to specifications. The roads to be inspected will be determined by random sample, using the inspection sheets turned on their obverse to pick the roads to be sampled. The Government shall complete the compliance inspections prior to receiving the next cycle of Inspection Reports from the Contractor. For purposes of applying performance incentives (both positive and negative) the results of these sample inspections shall be deemed to accurately reflect the total work.

These performance based incentives apply only to initial road inspections. Roads that have previously been rejected and corrected do not fall into this population.

Incentives

Incentives will be applied at the end of the task order period of performance. Inspected Roads will be converted into miles. The following incentives will be applied.

If 95% or greater of the miles inspected comply with contract requirements contract price for all items will be increased by a 10% premium for that year.

If less than 95% but greater than or equal to 90% of the miles inspected comply with contract requirements contract price for all items will be decreased by a 5% deduction for that year.

If less than 90% of the miles inspected comply with contract requirements contract price for all items will be decreased by a 10% deduction for that year.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance. (Feb 1988)

The period of performance of this contract is from date of contract award for a period of one year followed by up to 4 one year option periods.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: TBD

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The 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.

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 contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

452-237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: grader operators as shown in the contractor’s technical proposal which shall be incorporated into the resultant contract by reference.

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

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

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

52.204-7 Central Contractor Registration (APR 2008)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JULY 2010)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.215-2 Audit and Records -- Negotiation (OCT 2010)

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

52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

52.222-3 Convict Labor (JUN 2003)

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

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-25 Affirmative Action Compliance (APR 1984)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Veterans (SEP 2010)

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

52.222-37 Employment Reports Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under Labor Relations Act (DEC 2010)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2007)

52.222-43 Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) (SEP 2009)

52.222-50 Combating Trafficking in Persons (FEB 2009))

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

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

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (OCT 2010)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

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

52.233-1 Disputes (JULY 2002) Alt 1 (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

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

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

52.237-3 Continuity of Services (Jan 1991)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (JAN 2011) 52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (OCT 2010)

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

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

Alternate I (Jan 2011).

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through 12/31/2016.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $245,000;

(2) Any order for a combination of items in excess of $350,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in clause 452.216-73 as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the clause as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12/31/2016.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Monetary Wage--Fringe Benefits

Heavy Equipment Operator $390 per day including fringes 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

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

52.246-20 Warranty of Services (May 2001)

(a) Definition. “Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor “within 30 days from the date of acceptance by the Government,”; This notice shall state either—

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

452.228-71 Insurance Coverage (NOV 1996)

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

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Agriculture Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Order of Precedence—Uniform Contract Format Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

Service Contract Act Wage Determination (81-0682 dated 06/13/2011) Technical Proposal Submission Forms

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-8 Annual Representations and Certifications (NOV 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ____115310______________ [insert NAICS code].

(2) The small business size standard is __$7 million___________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ x ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate.