BRD_Trail_Maint..doc
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- LIGHT TRAIL MAINTENANCE Federal contract opportunity
- Solicitation number
- AG-24H8-S-15-0022
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Text version
Service RFQ
AG-24H8-S-15-0022
Light Trail Maintenance
REQUEST FOR QUOTATION
PAGE OF PAGES
| (THIS IS NOT AN ORDER) |
| THIS RFQ |
| FORMCHECKBOX |
| IS |
| FORMCHECKBOX |
| IS NOT A SMALL BUSINESS SET- ASIDE |
| 1 |
| 38 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| AG-24H8-S-15-0022 |
| 03/05/2015 |
UNDER BDSA REG. 2
AND/OR DMS REG. 1
| 5a. ISSUED BY |
| 6. DELIVER BY (Date) |
| Purchasing Agent, Allegheny National Forest, 4 Farm Colony Drive, Warren, PA 16365 |
| See Section F, page 11 |
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. DELIVERY |
| FORMCHECKBOX |
FOB DESTINATION
| NAME |
| TELEPHONE NUMBER |
FORMCHECKBOX
OTHER (See Schedule)
K. C. Morrison (admin.) 814-728-6343 Jerry Dixon (tech.) 814-363-6045
| AREA CODE |
| NUMBER |
| 9. DESTINATION |
a. NAME OF CONSIGNEE
| 8. TO: |
| Bradford Ranger District |
| a. NAME |
| b. COMPANY |
| b. STREET ADDRESS |
29 Forest Service Drive
| c. STREET ADDRESS |
| c. CITY |
Bradford
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| d. STATE |
| e. ZIP CODE |
| PA |
| 16701 |
| 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS |
| IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the |
| March 30, 2015 |
| 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)
| ITEM NO. |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| (a) |
| (b) |
| (c) |
| (d) |
| (e) |
| (f) |
ALLEGHENY NATIONAL FOREST
BRADFORD RANGER DISTRICT
LIGHT TRAIL MAINTENANCE
BASE & OPTION YEARS
Enter pricing on schedule of items in section B, pages 2-4
| INSPECTION AND MAINTENANCE OF TWO ATV TRAILS |
| . |
| OFFEROR’S COPY – Interested quoters are encouraged to complete this package in its entirety and retain for their records. |
| No faxes. Reference “Request No “on outer mailing envelope. |
| a. 10 CALENDAR DAYS (%) |
| b. 20 CALENDAR DAYS (%) |
| c. 30 CALENDAR DAYS (%) |
| d. CALENDAR DAYS |
12. DISCOUNT FOR PROMPT PAYMENT
| NUMBER |
| PERCENTAGE |
| NOTE: Additional provisions and representations |
| FORMCHECKBOX |
| are |
| FORMCHECKBOX |
are not attached.
| 13. NAME AND ADDRESS OF QUOTER |
| 14. SIGNATURE OF PERSON AUTHORIZED TO |
| 15. DATE OF |
| a. NAME OF QUOTER |
| SIGN QUOTATION |
| QUOTATION |
| b. STREET ADDRESS |
| 16. SIGNER |
| a. NAME (Type or print) |
| b. TELEPHONE |
c. COUNTY
AREA CODE
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| c. TITLE (Type or Print) |
| NUMBER |
NSN 7540-01-152-8084
Previous edition not usable
| 18-121 |
| STANDARD FORM 18 (Rev. 6-95) |
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
SCHEDULE OF ITEMS - BASE YEAR MAY 2015 THROUGH MARCH 2016
ITEM
UNIT
NO. DESCRIPTION
QUANTITY *UNIT PRICE AMOUNT
1. Rocky Gap ATV Trail
A. Inspection & Maintenance, Summer Mile
B. Inspection & Maintenance, Winter Mile
2. WILLOW CREEK ATV TRAIL
Mile
TOTAL, ALL ITEMS BASE YEAR 2015 $____________
SCHEDULE OF ITEMS - OPTION YEAR ONE, MAY 2016 THROUGH MARCH 2017
Mile
Mile
Mile
TOTAL, ALL ITEMS OPTION YEAR 1, 2016 $____________
SCHEDULE OF ITEMS - OPTION YEAR TWO, MAY 2017 THROUGH MARCH 2018
Mile
Mile
Mile
TOTAL, ALL ITEMS OPTION YEAR 2, 2017 $____________
SCHEDULE OF ITEMS - OPTION YEAR THREE, MAY 2018 THROUGH MARCH 2019
Mile
Mile
Mile
TOTAL, ALL ITEMS OPTION YEAR 3, 2018 $____________
ADDITIONAL QUOTERS NOTES:
(1) *Miles shown in the Schedule of Items are the estimated total miles that will be inspected and maintained for each sub-item, for each trail/season. For example, the 110 miles shown for Item 1.A. include 22 miles of trail x 5 months. The length of each trail is shown in Subsection 120 in Section C. The months each trail is to be inspected and maintained is shown in Subsection 210 as 5 months in the summer season (May through September) and 4 months in the winter season (December through March).
(2) Award will be based on price and other factors. Review Sections L and M for information that is to be submitted and evaluated.
(Vendor Name) (Date) Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.
Additional Contractor Notes:
1. Contractor must be registered in www.sam.gov in order to submit an offer on this project. Obtaining a duns number and registering in SAM is free.
2. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
DIVISION 100 - GENERAL SPECIFICATIONS
110 - Scope of Contract It is the intent of this contract to secure inspection, maintenance, and related reporting, of the two all-terrain vehicle (ATV) trails on the Bradford Ranger District. The Contractor shall furnish all supervision, labor, equipment, tools, materials, and incidentals necessary to complete the work (except as noted in 140 – Government-Furnished Property).
120 – LOCATION
The work is located on two ATV Trail systems: (1) Rocky Gap ATV Trail - 21.9 miles, (2) Willow Creek ATV Trail - 10.8 miles. Maps of these trails are available from any Allegheny National Forest office and are included, along with a Vicinity Map, as Exhibits A through E in Section J.
130 - Contractor Representative The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.
140 – Government-Furnished Property 141 - At the prework meeting, the Forest Service shall furnish inspection forms, a trail maintenance handbook, and trail maps and brochures. The Contractor may obtain additional material from the Bradford Ranger District, as needed.
142 - At the prework meeting, the Contractor will be issued a Forest Service key to enable access to the locks and gates associated with the trail systems. Any key issued must be returned to Forest Service personnel at end of service period, and, prior receipt of any final payment.
DIVISION 200 - TECHNICAL SPECIFICATIONS
210 - Inspection and Maintenance
The ATV trails shall be inspected and maintained each of the 5 months from May through September (summer season) and each of the 4 months from December through March (winter season). This inspection and maintenance shall occur between the 1st and 15th day of each month in the summer season and between the 1st and 15th day of each month in the winter season.
211 – Inspection/Reporting - Inspection shall involve riding the trail with an ATV or trailbike, finding all needed maintenance work, and recording this maintenance work on an inspection form (see clause 213). The Contractor shall list on the inspection form all work that needs to be done on the trail, not just work the Contractor is expected to perform as a part of this contract. (This will enable the Forest Service to respond to trail maintenance needs that are beyond the scope of this contract in a timely manner.) Maintenance work to be recorded on the form includes, but is not limited to: missing or damaged gates, signs and signposts; trees or brush on the trail interfering with travel; damage to bridges or fences; erosion of soil on the trail or ditches; debris or dirt plugging up ditches or culverts; litter and trash needing removal; and excessive mudholes, puddles, or rutting of the tread.
212 - Maintenance - All maintenance work identified by the inspection may not be included within the scope of this contract to be completed by the Contractor. Maintenance may be done (1) at the same time and in conjunction with the inspection trip or (2) later within the 15-day work period, if more tools, time, or help are needed. However, all maintenance work within the scope of this contract will be completed by the last day of the 15-day maintenance period each month. Maintenance work included within the scope of this contract and to be performed by the Contractor is:
(a) Trail Clearing - involves sawing up and removing from the trail all trees, brush, or debris that are within the clearing limits (8 feet from centerline on roads and 4 feet from centerline on trails), which interfere with ATV travel. Brush and branches around signs and signposts shall be trimmed back, so that the signs are readily visible from a distance of 150 feet. Brush shall be trimmed at intersections to provide sufficient sight distance (150 feet minimum), to enable safe crossing of the intersecting road or trail by the ATV's. Objects smaller than 3 inches in diameter (6 inches for rocks) and lying in contact with the trail surface shall be left in place. Contractor is responsible for any damage to fences, oil/gas developments, pipelines, power lines, signs, and other improvements caused by his operation.
(b) Litter Pickup - involves picking up and removing liter along the trail. Examples: cans, food wrapers, etc. NO litter pickup at trailheads or dispersed camping sites.
(c) Bridge Deck Cleaning – involves removing gravel, sand, and sediment deposited on the bridge deck and placing it back on the trail tread.
213 – The Contractor shall complete an “ATV Trail Maintenance & Inspection Form” (see Exhibit F in Section J) for each trail and deliver it to the Bradford Ranger District (ATTN: Trails Tech.) or Marienville Ranger District (ATTN: Trails Tech.) within 3 days of the inspection date. Maintenance work that was identified but not completed because it is outside the scope of this contract shall be clearly identified on this form. These forms shall be signed and dated with the date the inspection occurred.
220 - Emergency CallS
Primarily due to natural causes, additional work on designated trail sections may be required by the Contractor from time to time. All work ordered would be on an hourly basis, with pricing negotiated with the Contractor at time of requirement.
221 - Emergency calls will most likely be used to remove blowdowns from storm damage when normal maintenance will not occur soon enough to remedy an unsafe condition, but may also be used for other unforeseen situations that may occur.
222 - Any hourly-rate work for emergency calls may be ordered by the ANF Personnel (only COR, or CO). The Contractor will have up to 24 hours from telephone notification to commence this emergency work.
223 - All work will be ordered by ANF Personnel, with follow-up negotiation on pricing (said negotiations to be conducted only by Contracting Officer), on a case-by-case basis. Payment for emergency calls will be from the time the Contractor leaves the roadside trailhead until arrival back at the trailhead. Contractor is required to notify responsible COR, and to furnish appropriate records of actual hours utilized to accomplish task; tasks will be identified/inspected in the field by the assigned COR.
224 - Appropriate safety signing, if trail is open, is required for any and all emergency work.
225 - It is also required, as part of Contractors response to this solicitation, that the Prospective Quoter furnish trail specific hourly pricing to be used as a basis for pricing any emergency work orders. Said pricing would be considered a starting point for negotiating a firm price. Pricing, as an example, could be offered as a factor (%) applied to submitted prices for respective area. Said standing quotes will not be considered in quote evaluation for purposes of award, nor is there any guarantee of “emergency work” for any ensuing award . Should such work be required, a Purchase Order Modification will be issued to cover the additional work as ordered, and, contract modified accordingly.
230 - SAFETY
It is the Contractors 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 as scheduled.
The Contractor shall follow all applicable OSHA standards (CFR 29) while working on the job site. In addition, it is recommended that the Contractor utilize appropriate personal protective safety equipment, which includes, but is not limited to, hardhat, ear protection, eye protection, and hand protection, while using motorized equipment such as an ATV or chainsaw. The Contractor shall be especially alert to vehicular traffic during field operations.
Also, in the interest of safety, Contractor is encouraged to make know this whereabouts (project/trail area) to his family and other concerned parties, on a work day basis. The use of a cell phone and/or other communication device is recommended.
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.
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): http://farsite.hill.af.mil/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 Inspection of Services--Fixed-Price (AUG 1996)
QUALITY ASSURANCE PLAN
ATV light trail maintenance performance assessment
| Performance objective |
| Performance threshold |
| remedy |
| Method of assessment |
Trail maintenance
a. removing all trees and brush on trail
b. litter pick up
c. cleaning bridge decks
d. sign installation and maintenance
e. cleaning of culvert inlets and outlets.
| No more than 3 defects per each monthly inspection. Work shall be done between the 1st and 15th of each month. |
| Re performance within 48hrs |
| Monthly inspections |
Quality Control
Inspection procedures are as followed and documented in accordance with contractors Quality control plan.
| No more than 3 defects per each monthly inspection. Inspection report due within 48hrs of completed work each month. |
| Re performance within 48hrs |
| Monthly inspections |
Emergency Requirements.
Remove blown down trees and limbs from trail, check all culvert inlets and outlets.Emergency calls can be outside normal maintenance.
| As needed |
| Re performance within 48hrs |
| Inspections will be done within 24hrs of emergency work completed. |
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): http://farsite.hill.af.mil/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-15 Stop Work Order (AUG 1989)
F.2 CONTRACT PERIOD
This contract, with options, if exercised, will remain in effect from the date of award through end of winter season work, each year.
F.3 PERIOD OF PERFORMANCE
(a) Inspection and maintenance for all summer season work shall begin May 1, and end September 30, of each respective year of contract.
(b) Inspection and maintenance for all winter season work shall begin December 1, and end March 15, of each respective year of contract.
SECTION G--CONTRACT ADMINISTRATION DATA
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.
INVOICING
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.
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
52.204-7 System for Award Management (JUL 2013)
52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)
52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)
52.223-6 Drug-Free Workplace (MAY 2001)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011) 52.232-9 Limitation on Withholding of Payments (APR 1984)
52.232-17 Interest (MAY 2014)
52.232-23 Assignment of Claims (MAY 2014)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)
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) (DEC 2014)
(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 (19 U.S.C. 3805 note)).
(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 (Jul 2013).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Oct 2014).
(ix) 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 (Jul 2013) (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 (Jan 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (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 (Jul 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (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 (Jul 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute 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.)
(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—Supplies (May 2014) (41 U.S.C. chapter 67) (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(xii) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)
(xiii) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013). (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)
(xiv) 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).)
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)
(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 (Aug 2013) (Applies to contracts over $30,000).
(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(iv) 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):
http://www.arnet.gov/far and http://www.usda.gov/da/procure/agar
(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.
52.217-9 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; 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 4 years.
FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage—Fringe Benefits |
| General Forestry Laborer |
| $15.45PH 16-20% |
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.
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
Listed below are all of the documents attached to, and forming a part of, this contract:
Exhibit
Title
A Rocky Gap ATV Trail (separate document)
B Willow Creek ATV Trail (separate document)
C Wage Determination Number 1981-0682
(Rev. 43), Dated 2/23/2015
WD 81-0682 (Rev.-43) was first posted on www.wdol.gov on 03/03/2015
Forestry and Land Management Services
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON, D.C. 20210
Diane C. Koplewski Division of Wage | Wage Determination No: 1981-0682
Director Determinations | Revision No: 43
| Date Of Revision: 02/23/2015
Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
State: Pennsylvania
Area: Pennsylvania Statewide
**Fringe Benefits Required Follow the Occupational Listing**
Employed on contracts for forestry, land management, and the cleaning of public use areas.
OCCUPATION CODE - TITLE FOOTNOTE RATE
08010 - Brush/Precommercial Thinner 12.69
08040 - Choker Setter 15.17
08070 - Faller/Bucker 16.84
08100 - Fire Lookout 12.69
08130 - Forestry Equipment Operator 17.64
08160 - Forestry/Logging Heavy Equipment Operator 20.17
08190 - Forestry Technician 20.17
08250 - General Forestry Laborer 13.16
08280 - Nursery Specialist 17.73
08310 - Slash Piler/Burner 12.42
08340 - Tree Climber 13.90
08370 - Tree Planter 10.14
08400 - Tree Planter, Mechanical 10.14
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.02 per hour or $160.80 per week or $696.79 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther
King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR
4.174)
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Under the policy and guidance contained in All Agency Memorandum No. 159, the
Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that
Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.
The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2014, unless otherwise indicated.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
Standard Form 1444 (SF-1444)
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR
4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR
4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the
Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR
4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
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 (DEC 2014)
(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 ____7.5 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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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:
[ ] (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 SAM 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 provision at 52.204-7, System for Award Management.
(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.
(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 Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) 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 $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vi) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the…
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