FBO_SolicitationCopy.doc

Service RFQ

AG-24H8-S-13-0004

Bradford Fence Mtce

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

29 Forest Service Drive

Bradford

December 19, 2012 4:30 pm ET Fax(814-726-1465), email (mconn@fs.fed.us), or hardcopy mail submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

Woven Wire Fence Maintenance IDIQ Allegheny National Forest – Bradford Ranger District

Base year plus 4 option years

Enter pricing on schedule of items in section B

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Blank Page

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Estimated

Item

Evaluation

Unit

NO. Description

Quantity Unit

Price

Amount

Item 1 Bradford West Fences

1A Base Year

398.24

Mile

01/01/2013 through 12/31/2013

1B 1st Option Year

300.00

01/01/2014 through 12/31/2014

1C 2nd Option Year

01/01/2015 through 12/31/2015

1D 3rd Option Year

01/01/2016 through 12/31/2016

1E 4th Option Year

275.00

01/01/2017 through 12/31/2017

TOTAL BID ITEM 1 $_________

Item 2 Bradford East Fences

2A Base Year

378.88

01/01/2013 through 12/31/2013

2B 1st Option Year

01/01/2014 through 12/31/2014

2C 2nd Option Year

01/01/2015 through 12/31/2015

2D 3rd Option Year

01/01/2016 through 12/31/2016

2E 4th Option Year

275.00

01/01/2017 through 12/31/2017

TOTAL BID ITEM 2 $_________

Additional Contractor Notes:

1. Prices shown should not include any increases for wages for contractor employees covered under the Service Contract Act. At the time of exercising optional years, contractor will be given a new wage determination and be allowed to renegotiate unit rates based upon the effect of the new wage determination for the option year. Refer to clause 52.222-43 Fair Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option contracts) in Section I. If the contractor is self-employed or a partnership, rate increases due to a new wage determination will not have any effect on contract price. These increases should be addressed in schedule of items above.

2. The quantities shown are for evaluation purposes only. The actual quantities of work performed may vary from the amounts stated. Evaluation quantities are calculated by taking miles of fence from Exhibit A multiplied by the total number of rounds for the base year. Each subsequent year is adjusted for estimated fences being removed. The per-mile cost will only be paid for miles actually maintained.

3. Award under this solicitation shall be to obtain the best value for the Government and accordingly, shall consider both price and other factors (see Section M). Offerors may provide pricing for one item or both items. The Government maintains the right to offer a contract to one or more offerers. The manner of selection will be determined in the best interest of the Government. Award will be by full item only.

4. This is a performance based service contract with disincentives for poor performance. See Section E.

5. Contractor must be registered in www.sam.gov in order to receive an award on this project.

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 $5,000, but not in excess of $150,000.

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

100 - Scope of Contract

This contract calls for maintenance of 8 foot woven wire fences (7 foot high with 1 foot overlap on the ground) in wooded areas on the Bradford Ranger District of the Allegheny National Forest. The contractor is responsible for furnishing all supervision, labor, equipment, tools, materials, and incidentals necessary to complete the work during all seasons of the year (except as noted in 160 - Government Furnished Property). Exhibit A contains a list of current fences to be maintained.

110 - Task Orders.

111 – Fence maintenance services shall be procured under the contract through the issuance of task orders. All task orders are subject to the terms and conditions of this contract. In the event of conflict between the task order and this contract, the contract shall control. If mailed, a task order is considered "issued" when the government deposits the order in the mail.

112 – The Government will issue written task orders yearly. Task Orders shall be for a pre priced item as shown in the Schedule of Items, numbers 1-2. Task orders will contain a firm fixed amount that will be the total maximum compensation for that years work. This amount shall not be changed unless the requirements of the project are changed, and then only if the Contracting Officer signs prior written modification. Each task order shall include, at a minimum, all of the following information:

1. The contract number.

2. Task order number.

3. Authorized signature of a warranted Contracting Officer

4. Detailed description of the fences to be maintained that year.

5. Estimated mileage for the year and unit price/mile. Note this is estimated because fences may be erected or taken down throughout the year.

6. Maps of the fence locations.

113 - Task Order Amendments - Any change to a task order will be made in writing on form SF 30, Amendment of Solicitation/Modification of Contract. Task order amendments will be issued only by the Contracting Officer and shall be identified as an amendment of a specific task order.

120 - Location

121 - Bid Item 1 – Bradford West . Area currently consists of approximately 60 fences, however fences may be added or deducted as needed. These fences are generally located west of US Route 6 and PA Route 948, and are bordered by the Allegheny River and PA Route 666. See maps for approximate locations of these fences.

122 – Bid Item 2 – Bradford East. Area currently consists of approximately 56 fences, however fences may be added or deducted as needed. These fences are generally located east of Route 6 within the boundary of the Bradford Ranger District. See maps for approximate locations of these fences.

130 - Description of Project

Fences are 8 foot woven wire (7 foot high with 1 foot overlap on the ground) in wooded areas. When built, the fences generally had a 6 foot cleared area around the perimeter. Some areas are extremely rocky to the point where foot and All-Terrain Vehicle (ATV) travel may be limited. Some fences have small streams that flow under the fence and they create special maintenance problems following periods of high water flow. Pipelines, private property lines, roads used by oil well operators and other improvements, activities and physical features must be taken into account when considering the difficulty of maintaining the fences.

140 - Contractor Representative

Before work starts, the Contractor shall designate a person knowledgeable of contract requirements to act for him in his absence. The contractor or authorized representative shall be at the job site whenever work is in progress. In the absence of the Contractor, the authorized representative may receive instructions from the Contracting Officer.

150 - Protection of Existing Structures

The Contractor shall be required to protect existing improvements such as pipelines, power lines, buildings, gates, etc., which are located in the project area. The Contractor shall be required to repair or replace such improvements if damaged as a result of their operations.

160 - Government Furnished Property

161 - The Forest Service shall furnish segments of woven wire fence and 8' steel posts to maintain the fence. Contractor shall be required to pick up material at Bradford District Office or the Sheffield Work Center at pre-arranged times.

162 – A paper and electronic copy of the maintenance form, Exhibit B, will be given to the Contractor at the pre-work meeting. The contractor is responsible for producing Exhibit B for the remainder of the contract.

163 - Since some areas are behind locked gates, the contractor may sign out a key at the Bradford District Office.

164 – Fence Location Maps, will be given to contractor at the initial prework meeting, and with subsequent task orders.

170 - Contractor Furnished Property

Contractor will furnish all tools needed to complete the maintenance which includes: ATV, hog rings or ring fasteners, fence staples (1 1/4 " galvanized), 2x4 boards, wire (16 gauge or larger, galvanized or stainless steel), nails, wire twisting tool, crimping tools and sleeves, chain grab wire stretcher or other wire stretching tool, wire cutters, post driver, chain saw etc. No aluminum hog rings or wire is allowed to be used

DIVISION 200 - TECHNICAL SPECIFICATIONS

211 – Maintenance Schedule

For all Bid Items, fences will receive 8 maintenance rounds. One round equals approximately 45 days.

Round 1 – 01/01 to 02/15

Round 2 – 02/16 to 03/31

Round 3 – 04/01 to 05/15

Round 4 – 05/16 to 06/30

Round 5 – 07/01 to 08/15

Round 6 – 08/16 to 09/30

Round 7 – 10/01 to 11/15

Round 8 – 11/16 to 12/31

There must be at least 35 days, but no more than 55 days between the maintenance of an individual fence. The entire perimeter of the fence will be traveled and maintenance will be performed as damage is encountered.

212 – Maintenance Forms

Contractor shall complete a maintenance form for each fence and deliver it to the Bradford District Ranger Station within one week of the end of the effective maintenance round. Forms must be signed and dated for the date the maintenance occurred. Example of the form is in Exhibit B.

213 - Deer

If any deer are observed inside the fence it must be noted on the maintenance form. The Forest Service is responsible for the removal of the deer.

214 - Vehicle Operation

ATV's may be operated around the perimeter of most fences to accomplish maintenance only. Contractor will not drive around road gates, but open them for drive through access. No "joyriding" is permitted. The operator is subject to fines if found using ATV's in manners other than for the purpose of performance of this contract. A few places are too wet to operate an ATV, and will be pointed out by the Forest Service. If at any time the Forest Service inspections indicate that soil damage is occurring due to use of ATV's, such use will be suspended and/or the damage repaired by the contractor at his expense to the point that ATV use may be continued.

215 – Fence Maintenance

216. If damage is encountered, then the contractor shall perform maintenance. It is anticipated that some maintenance will be required for every fence.

217. Examples of damage that will be repaired include:

· the top and bottom sections of fence have separated from each other,

· holes in fence 1' x 1' or larger,

· the top line wire has been severed,

· fence that has come loose from 2x4 boards or steel posts,

· bottom edge that has sprung loose from the ground,

· sections that have come loose due to trees falling on them,

· original supports failing causing the fence to be lower than 7' high.

218 - For damage less than 100 continuous feet or 200 intermittent feet of fence, the Contractor shall repair the damage.

219 - For damage greater than 100 continuous feet or 200 intermittent feet, contractor is not required to repair under the bid prices in this contract. Contractor duties under this contract are limited to promptly reporting this type of damage to the Forest Service. If the Forest Service decides to have the Contractor repair the damage and the contractor agrees, either a change order or a separate purchase order will be issued.

220 - Access

Fences have gates for public access inside the fence. Contractor is responsible for maintaining these access structures. They must swing free and the posts must be tight in the ground. See Exhibit C for example. Gates should always be in the closed position unless the contractor is notified by COR that they should be open.

221 - Tree Felling

The contractor shall cut and remove any tree that has fallen onto or against the fence. This includes branches and treetops that have fallen on or against the fence. In addition the Forest Service may identify on its own hazard trees to be felled by the Contractor. All tops, branches etc. will be pulled to the far side of the maintenance trail and not be left lying on the fence or in the maintenance trail

Hazard trees are dead or dying trees, split trees, heavily leaning trees, or root sprung trees which are in a position to fall across the fence. The Forest Service inspector may flag trees which are to be felled. The contractor is to cut any tree that has fallen onto the fence without waiting to have the Forest Service flag it. In the case of merchantable trees the Forest Service reserves the right to sell the trees. They will be cut to preserve the value of the sawlogs.

222 - Fence Stretching

Damaged areas of fence shall be pulled back to a tight condition that would resemble newly constructed fence. The Contractor will use a wire-stretching tool to achieve this. Fencing cannot be pulled to a new tight condition just by hand. Loose fence will tightened and be stapled to a 2x4 or rewired to a steel post. All top line wires that are found severed will be stretched back tight with a wire stretching tool and spliced with a crimping sleeve.

223 – Stapling

Any stapling must be into a 2x4 board which is placed between the tree and the fence. There will be no staples driven into trees for any reason. Where the fence has been damaged, it may be necessary to place a new 2x4 for tree protection, two nails, one at stump height and one near the top of the 2x4 will be used to secure the 2x4 to the tree.

224 – Poles and Posts

Unless directed otherwise by the COR, poles, needed for temporary support, may be cut from native material from the site and shall be used on the inside and outside of the fence at the point of support. The use of cut poles is intended for temporary propping up damaged sections of fence. Where no trees or steel posts exist within 30' of the damage, a new steel post will be placed. Metal posts will be used to support sections of fence crushed by falling trees or where original support trees have fallen over or where the fence has come loose because no support exists for 30'. When using poles, care should be used so the top roll of fence is not separated from the bottom roll. Poles cut from native material may remain only for one inspection round. With the next round they will be removed and the fence tightened to an existing tree, wooden or steel post or newly placed steel post. If native material is used to prop the fence up it should achieve the height of the fence that it was originally constructed at.

225 - Securing the Fence Bottom

The fence must be repaired so that deer will be unable to crawl under the fence. This requires leaving a one foot overlap on the ground to the outside of the fence which is anchored to the ground with stakes or pins, stapled to sound wood, or held in place by large rocks every 10'. Gaps between the ground and fence over 3 inches high and 6 inches long will be filled in with pieces of sound wood stapled to the fence bottom, or attached pieces of fence wire, or rocks. Many fences have rotten wood securing the bottom and this will have to be replaced with sound wood if the bottom has sprung up. Where the fence crosses a stream channel, an additional piece of fence may be needed to extend the fence to the bottom of the channel for securing.

226 - Woven Wire Fencing

Patch all holes greater than 1' x 1' up to 2’ x 2’ with wire and/ or woven wire fencing. Patch all holes greater than 2' x 2' with woven wire fencing. The top and bottom rolls of fence will be secured by hog rings, 16 gauge or larger galvanized or stainless steel wire, or by twisting the top and bottom wires together every 10 feet.

227 - Fence Maintenance Trail

Contractor will use existing maintenance trail. If trees, tree tops, or large branches fall and block this trail, they will be removed and the trail reopened to a width of 5'. Contractor will not create new trails.

228 - Clean Up

The Contractor shall remove all trash and debris generated in performance of this contract. This includes old flagging, lunch wrappers, discarded soft drink containers, empty cigarette packages and other debris left by the contractor's employees.

230 – Payment

231 - Partial payment for maintenance rounds will be made regularly for every Bid Item when all maintenance is complete and the Forest Service receives the maintenance forms. Contractor shall complete a maintenance form for each fence and deliver it to the Bradford District Ranger Station within one week of the end of the effective maintenance round. Forms must be signed and dated for the date the maintenance occurred.

232 - Allow the Forest Service approximately 10 working days to confirm the work has been performed.

233 – Contractor is still required to maintain fences during severe weather. Payment is made for completed work only.

240 - Start - Completion Dates

All Bid Items may be started following contract award. The contractor is required to schedule and complete the first rotation or round of all fences for which they are responsible within 45 days for all Bid Items.

250 – Responsibility For Safety

It is the Contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue. It is also recommended that the successful contractor utilize appropriate personal protective safety equipment/clothing while working on the project.

It is also mandatory that the successful contractor utilize appropriate personal protective safety equipment/clothing (per OSHA regulations), which may include, but it not limited to, a hard hat (or ATV helmet if using a designated ATV trail to access fences), leg protection, ear protection and hand protection while working on the project.

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-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

E.2 INSPECTION METHODS AND PAYMENT DEDUCTIONS

The Government will inspect a minimum of 5% and a maximum of 10% of the fences each month. These fences will be chosen at random.

If a fence has not been repaired as required by the specifications, it will be assumed by both parties that 10 times the estimated length of the whole fence would not have passed Forest Service inspection if a 100% inspection were to be performed. Payment will therefore be reduced by 10 times the estimated length (of any fence not passing) times the applicable rate as contained in the bid schedule. Estimated lengths for fences are shown in Exhibit A.

Continued instances of poor performance may result in the contract being terminated for default.

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 January 1 through December 31 each year.

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.

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.

The Forest Service shall furnish segments of woven wire fence and 8' steel posts to maintain the fence at no cost to the contractor.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-99 System for Award Management Registration (AUG 2012) DEVIATION 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

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

52.222-25 Affirmative Action Compliance (APR 1984)

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

52.223-6 Drug-Free Workplace (MAY 2001)

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

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

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

52.232-17 Interest (OCT 2010)

52.232-23 Assignment of Claims (JAN 1986)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

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

52.245-1 Property Records - Alt 1 (AUG 2010) 52.245-9 Use and Charges (Aug 2010)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (AUG 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

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

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

(v) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Oct 2008).

(v) 52.233-1, Disputes (July 2002).

(vi) 52.244-6, Subcontracts for Commercial Items (Jan 2011).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35,Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.)

(viii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(ix) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(x) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xi) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xii) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

https://www.acquisition.gov/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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 January 1, 2013 through December 31, 2017.

(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 $50,000;

(2) Any order for a combination of items in excess of $50,000; 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 the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after January 31, 2018.

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

GS5 Laborer

$15.05/hr plus 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, 2013. 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, 2013 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.

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.

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.

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

Exhibit A – List of Fences

Exhibit B – Fence Maintenance Form

Exhibit C – Access Gate Drawing

Service Contract Act Wage Determination WD 2005-2452 dated 6/13/2012

Vicinity Maps

Project Maps

Note: Maps are not reproduced to scale and are included for purpose of locating project area only. In some cases maps are overlapping. The same project area may show up on two or more different maps.

Blank Page

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 (MAY 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $7 million average annual revenue.

(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, 2010, or 2012.

(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.