MASTER_AG-3395-S-12-0035_NORTHERN_ZONE_MATOC.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-3395-S-13-0035

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/19/2013

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service George Washington & Jefferson National Forests 5162 Valleypointe Parkway Roanoke, VA 24019

USDA, Forest Service George Washington & Jefferson National Forests 5162 Valleypointe Parkway Roanoke, VA 24019

9. FOR INFORMATION

CALL:

A. NAME

Laura M. Ingram

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

540-265-5113 or lauraingram@fs.fed.us

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Multiple Award Task Order Contract (MATOC) for the Maintenance, Alteration, Repair and Construction of

Forest Service System Roads, Trails, Bridges, and Recreation Areas, Northern Contracting Zone, George Washington & Jefferson National Forests

Contractor shall furnish all labor, supervision, materials, equipment, transportation and incidentals to perform individual projects estimated under $150,000, in accordance with the terms, conditions, specifications and provisions of this solicitation and task order statements of work.

All offerors must be received in hardcopy at the address, date and time shown on this document.

Faxed or emailed offers are not authorized.

Do you have an active registration in the System for Award Management (SAM) at http://www.sam.gov?

DUNS #____________________________

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

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

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

YES NO

12B. CALENDAR DAYS

*Alternative Payment Protection required for task orders over $30,000 in accordance with FAR 52.228-13

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and FIVE copies to perform the work required are due at the place specified in Item 8 by 11:00 a.m.

(hour) local time July 18, 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

Laura M. Ingram

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

CONSTRUCTION RFP

George Washington & Jefferson National Forests

Northern Zone Roads & Bridges MATOC

PART I—THE SCHEDULE; SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS FOR SEED PROJECTS

TASK ORDER SEED PROJECT No. 1: FSR 4236 CULLERS ROAD CULVERT REPLACEMENT Warren County, Virginia, Lee Ranger District

Task Scope: Replacement of culverts on Cullers Road, FSR 4236. Work includes removing existing culverts, installing new culverts, setting reference stakes, excavation and embankments, crushed aggregate, seeding and mulching, moving concrete structure, and minor clearing.

Contract time: 15 calendar days from the effective date of Notice to Proceed

PAY ITEM DESCRIPTION

METHOD OF

MEASUREMENT

ESTIMATED

QUANTITY

UNIT COST TOTAL

30” Aluminized Steel, Type 2, Corrugated

Steel Pipe, 0.064” Thickness

LF/DQ 30.00

Crushed Aggregate Surfacing, Grade VDOT

No. 26

TON/DQ 210.00

Seeding, Dry Method with Mulch

LS/LSQ 1.00

TOTAL PRICE

Cullers Road

TASK ORDER SEED PROJECT No. 2: FS 812-LITTLE RIVER ARCH CULVERT REPLACEMENT Augusta County, Virginia, North River Ranger District

Task Scope: Replacement of the culvert crossing of Little River on Forest Service Road No. 95. Project includes clearing and grubbing, excavation, soil erosion and pollution control, minor concrete (approximately 51 C.Y.), 56’ x 23’ span X 9’-8” rise steel structural plate arch, riprap, culvert and concrete removal, crushed aggregate, and seeding and mulching.

Contract time: 60 calendar days from the effective date of Notice to Proceed (does not include a winter shutdown or steel structural plate arch delivery)

MEASUREMENT

ESTIMATED

QUANTITY

UNIT COST TOTAL

157(02) Silt Fence LF/DQ 400

157(60) Geotextile fabric for soil erosion and pollution control

LS/LSQ 1

203(05) Removal of structures and obstructions LS/LSQ 1

204(50) Roadway and site excavation, compaction method C

LS/LSQ 1

209(10) Structure excavation, compaction method B LS/LSQ 1

251(01) Placed riprap, class 5 CY/DQ 138

308(02) Roadway aggregate, compaction method 1 Ton/DQ 108

601(03) Concrete, method A CY/DQ 51

603(04) 23’ span, 9’-8” rise, structural plate arch, 8 gauge

LF/DQ 56

625(28) Seeding, fertilizing and mulching, hydraulic or dry method

LS/LSQ 1

633(06) Object Markers with Posts, Type 3. 12” x 36” EA/DQ 6

LITTLE RIVER

ARCH

TASK ORDER SEED PROJECT No. 3: FSR 82 HITE HOLLOW ARCH CULVERT REPLACEMENT Augusta County, Virginia, North River Ranger District

Task Scope: Replacement of culvert crossing of Hite Hollow Creek on FSR 82. Project includes clearing and grubbing, excavation & embankment (with borrow), soil erosion and pollution control, minor concrete, 46’ x 20’ span x 6’8” rise steel structural plate arch, riprap, culvert and concrete removal, crushed aggregate, and seeding and mulching.

Contract time: 60 calendar days from the effective date of Notice to Proceed (does not include a winter shutdown or steel structural plate arch delivery)

MEASUREMENT

ESTIMATED

QUANTITY

UNIT COST TOTAL

157(01) Soil Erosion and Pollution Control LS/DLSQ 1.00

157(60) Geotextile Fabric for Soil Erosion and

Pollution Control

203(05) Removal of structures and obstructions LS/LSQ 1.00

204(50) Roadway and site excavation, compaction method B

209(10) Structure excavation, compaction method B LS/LSQ 1.00

251(01) Placed riprap, VDOT Class III CY/DQ 68.00

308(02) Roadway aggregate, compaction method 2 Ton/DQ 135.00

601(03) Concrete, method A CY/DQ 35.00

603(04) 20’ span, 6’-8” rise, structural plate arch,

0.188 inch thickness

LF/DQ 46.00

625(28) Seeding, fertilizing, and mulching, hydraulic or dry method

LS/LSQ 1.00

633(01) Permanent Traffic Control: Object Marker

Signs

EA/DQ 4.00

HITE HOLLOW

ARCH

GENERAL INFORMATION

The George Washington and Jefferson National Forest is soliciting for contractors to perform a broad range of construction services to Forest Service System roads, bridges, and developed recreation areas.

Such services will include but are not limited to culvert replacement, pavement repair, hazard & obstruction removal (including storm damage clean-up), slide repair, road decommissioning, road reconditioning and other transportation system related work that are typical for Forest Service sites--work is varied but of relatively small scale, and is commonly performed in remote rural environments which can be considerable distances to typical supply sources.

This solicitation will result in the award of multiple indefinite delivery/indefinite quantity task order contracts with one base period and four option years that may be exercised at the discretion of the Government. The guaranteed minimum of each awarded contract, inclusive of the base and all option periods, will be $2,000. The price range for each order will be between $2,000 and $150,000.

Maximum value of all projects awarded under all awarded contracts from this solicitation will be limited to $1 million over the base and 4 potential option years.

Awardees will compete for individual task orders among themselves. Orders issued by the Government will include specifications and drawings as necessary for the work required. Task Orders will be awarded based on Fair Opportunity, FAR 16.505(b)(1). The task order competition process is described in Section G.

The expiration or termination of the ordering period shall not affect any order issued during the effective period of these contracts.

PROJECT LOCATION:

For the three seed projects attached with this solicitation:

Cullers Road Project GPS coordinates: 38°50m32.30s N, 78°19m49.52s W From the town of Bentonville, on Route 340, take State Route 613 west for approximately 1 mile and cross the South Fork of the Shenandoah River at the existing low water bridge. Continue approximately 500 feet and FSR 4236 begins to the south.

Little River Arch: GPS coordinates: 38°20’8.88”N/79°14’40.43”W Project is located near the Intersection of FSR 95 (North River Road) and FSR 96 (Calfpasture Road/Braley Pond).

Hite Hollow Arch Project GPS coordinates: N38 7’ 4.99”, W79 20’ 44.03” Project is located approximately 10 miles west of Staunton, VA. Take VA State Route 250 going west out of Staunton. Head south onto VA SR 42. Turn right onto FSR 845 (Archer Road) and continue onto FSR 82 (Hite Hollow Road). Project site is the first culvert crossing past the Hite Hollow Shooting Range.

Future work sites will be located within the administrative boundaries of the following Ranger Districts:

North River Ranger District, 401 Oakwood Drive, Harrisonburg, VA 22801. Virginia Counties: Augusta, Bath, Highland, Rockbridge, Rockingham. West Virginia Counties: Pendleton.

Lee Ranger District, 102 Koontz Street, Edinburg, VA 22824. Virginia Counties: Frederick, Page, Rockingham, Shenandoah, Warren. West Virginia Counties: Hampshire and Hardy.

REPRESENTATIVE TASK ORDERS:

Offerors are required to submit pricing for each of the three seed projects using the attached Schedules of Items. Complete task order packages for each of the seed projects are provided with this solicitation. These projects and packages are generally representative of work competed and the documentation provided for future task order competition among the MATOC awardees.

Pricing of the three seed projects will be used to evaluate the accuracy of the contractor's estimating system and, for the purposes of evaluating proposals, in order to make multiple awards. (See FAR 15.304(c)(1)). The Government reserves the right to not make actual task order awards from the responses received to this solicitation.

PRE-PROPOSAL CONFERENCES:

There will be showings for the Little River Arch Culvert Replacement as follows:

Tuesday, July 2, 2013 at 11:00 a.m. at the intersection of FS 96 (Calfpasture Road) and FS 95 (North River Road. GPS coordinates are 38°20’8.88”N/79°14”40.43”W.

Showings will not be held for the projects at Cullers Gap or Hite Hollow (work at Hite Hollow is very similar to requirements at Little River).

Offerors are encouraged to submit written questions in advance of the conference. Questions should be submitted to Laura M. Ingram at lauraingram@fs.fed.us.

PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

Offerors are required to submit technical and price proposals for all three seed project(s) included in this solicitation. The Schedule of Items, specifications, drawings and wage determination for the seed project(s) are included as attachments to this solicitation. The technical and price proposals for the award of the basis IDIQ contract(s) will be evaluated based on information relative to both the overall Scope of the contract and information presented for the seed project(s).

mailto:lauraingram@fs.fed.us

This section provides general guidance for preparing proposals. Proposals must include all data and information requested by this solicitation and must be submitted and conducted in strict accordance with these instructions and the instructions in Section L.

1) Offerors shall submit original and one copy of a price proposal. This will include:

a) Standard Form 1442 –complete blocks 10, 14, 15, 17, 19, 20A, 20B and 20C.

b) Pricing for Seed Project(s)—complete Schedule of Items

c) Representations and Certifications—Section K

2) Offerors shall submit four copies of a Technical Proposal. This will consist of a completed

Experience Questionnaire (attached) and responses to the Evaluation Factors described in Section M. When listing work, show only work most relevant to this solicitation.

3) Offerors shall submit Past Performance information as follows: each offeror is responsible for sending the attached Past Performance Questionnaire to no more than five clients for whom relevant work was performed or completed within the last three years. Direct the client to submit the survey directly to the contracting officer shown below:

Laura M. Ingram, Contracting Officer USDA, Forest Service 5162 Valleypointe Parkway Roanoke, VA 24019

The completed questionnaire must be received no later than the offer due date and time indicated on Standard Form 1442, Block 13. Questionnaires submitted directly by offerors will not be reviewed. The Government may obtain past performance information from sources other than those submitted by the Offeror.

Offerors lacking recent and relevant past performance experience may submit information regarding key personnel who have recent and relevant experience. In this case, offerors shall provide the following information, as a minimum, to allow the government to conduct a past performance evaluation for those key personnel cited by the offeror:

a) Name of Key Personnel

b) Complete Address

c) Telephone Number

d) Brief synopsis of relevant experience (a resume may be submitted).

4. Contracts over $650,000 will require registration in CPARS, a performance rating system.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract

The scope of work for this contract includes a broad range of construction services for roads, bridges, and developed recreation areas. Contractor shall furnish all labor, supervision, materials, equipment, transportation and incidentals to perform work in accordance with all terms, specifications, conditions and provisions of this solicitation, and task order statements of work. “Roads” (both new and renovations) includes but IS NOT limited to highway, street, and other heavy and civil engineering construction. “Bridges” (both new and renovations) includes bridges, low water crossings, trail bridges, etc. The scope and applicable wage rates determinations will be defined with each individual task order issued. Projects will normally be built from already completed designs.

Awards will be made to offerors whose proposals, conforming to the RFP, are determined to be most advantageous to the Government in terms of technical, price and other factors considered.

Project Location

Work will occur within the administrative boundaries of the George Washington & Jefferson National Forest and the North River and Lee Ranger Districts.

AGAR 452.236-78 Forest Service Standard Specifications for Construction of Roads and Bridges (NOV 1996) (For road trades work)

The Standard Specifications for Construction of Roads and Bridges, FP-03 U.S. Customary Units, by the U.S. Department of Transportation, Federal Highway Administration, are included by reference. The requirements contained in these specifications are hereby made part of this solicitation and any resultant contract.

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

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

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the http://www.arnet.gov/far/ work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F--DELIVERIES OR PERFORMANCE

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/

52.242-14 Suspension of Work (APR 1984)

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is for one year from date of award, with option for four additional years.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _*per task order___ . The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 15 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is 40 hours.

SECTION G--CONTRACT ADMINISTRATION DATA

TASK ORDER AWARD PROCESS

The seed projects included with this solicitation may or may not be awarded as task orders when the initial contracts are awarded, depending upon responses received. For future task orders, the following information applies:

Task order competition:

Following contract award, task orders will be competed among awarded contractors. Task order quotations received from contractors will be evaluated on price, contractor’s availability for performance, and past performance on earlier task order awards. If necessary, the Government reserves the right to make awards outside of this solicitation in order to meet procurement preference goals.

Each awardee will be given a fair opportunity to be considered for a task order exceeding $2,000 unless one of the following exceptions applies:

1. The need for the service is so urgent that providing a fair opportunity would result in unacceptable delay.

2. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already under the contract; provided that all awardees were given a fair opportunity to be considered for the original order.

3. It is necessary for the Government to place an order to satisfy a minimum guarantee.

Task Order Announcement:

When a task is identified for award under this contract, the sequence of events will generally be as follows:

1. The Contracting Officer will notify contractors of the requirement.

2. When offered an order, contractors must respond to the Contracting Officer with their price and ability to accept and complete the order. Proposals will generally be due within 14 calendar days from date of the request, or other period as stated in the request. Applicable Davis-Bacon wage rates and goals for minority and female participation will be included with each order.

Contractors shall submit a proposal with pricing and statement of availability to perform the ordered work to the CO in response to the order. The Contractor’s price breakdown shall address all items listed in the task order, or be presented as a lump sum price if that is requested. Firm fixed price task orders will be awarded under this contract.

3. The CO will issue an order to the Contractor whose proposal represents the best value to the Government. The low priced order may not always represent the best value.

4. IDIQ contractors are expected to provide good faith proposals in response to task orders issued during the life of the contract. If a contractor is unable to respond due to conflicting commitments or lack of capacity, the ordering official may excuse the contractor from a competition upon specific written request. However, repeated failure to provide a good faith proposal will result in the contract not being renewed and will release the government from the minimum guarantee obligation.

5. Proposal preparation costs are at the expense of the offeror and will not be reimbursed.

Payments:

Payment for task orders will be based on each individual task order’s unit prices and actual measurement of performance completed (validated by contract specifications, drawings, schedules, progress reports, and COR / inspector site visits).

Vendor Billing Instructions :

Invoices must include the following information:

Vendor’s name and address Vendor’s Taxpayer Identification Number Invoice date Invoice number (a unique number; not just “1”) Invoice amount Task Order number* Unit and extended pricing, and total price Vendor’s signature

*IMPORTANT: Your task order will include both a contract number and an order number; your invoice must show the ORDER number. Failure to show the correct information will delay payment. Send invoice to Project COR; address will be shown on the task order.

Government-Furnished Property:

The Government will specify item(s) of Government property to the Contractor(s) for use in the performance of this contract on individual task orders. This property shall be used and maintained by the Contractor(s) in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Authorized Ordering Officials:

All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. All task orders will be issued for work on the George Washington & Jefferson National

Forests. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

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 $2,000, but not in excess of $1,000,000 for each awarded contract.

The guaranteed minimum for each firm’s contract shall be $2,000. No single task order will exceed $150,000. Total task orders awarded for all contracts awarded under this MATOC will not exceed $1,000,000. Should an IDIQ contractor be unable to competitively secure a task order to meet the minimum guarantee, the Government reserves the right to negotiate a task order to meet the guarantee.

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held 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 for a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

MID-TERM CHANGES:

During the 5-year term of the contract, the Contracting Officer may determine a need to reduce or augment the original pool of awarded contracts.

Exiting Contracts: Contractors who repeatedly fail to provide a proposal in response to issued task orders will not have their next option year renewed.

Entering Contracts: Following completion of the first option year, the Government reserves the right to solicit for a limited number of additional contractors to be included in this multiple-award contract.

The solicitation, terms and conditions and source selection procedures will be the same as under this original solicitation. Any new awardees will compete with the existing or remaining contractors for all subsequent task orders. The period of performance for the new awardees will not exceed the overall maximum term of the original IDIQ contract, including options.

EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.204-7 Central Contractor Registration (APR 2008) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JULY 2010) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post Award Small Business Program Rerepresentation (APR 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) http://www.usda.gov/procurement/policy/agar.html

52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (JAN 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (SEP 2009) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 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) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987)

52.244-2 Subcontracts (OCT 2010) 52.244-6 Subcontracts for Commercial Items (JAN 2011) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

(Applicable if contract is over $30,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of

Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards

Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the

Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a

Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

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

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

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

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

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

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

(2) it will adhere to the requirements of 52.219-14, Limitations on subcontracting.

http://www.ccr.gov/

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 the date of contract award through the date of contract expiration.

(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 $2,000, 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 $150,000;

(2) Any order for a combination of items in excess of $150,000; or

(3) A series of orders from the same ordering office within 7 calendar 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 calendar 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 https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

“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 work is completed on orders issued during the contract base period, or during option years as exercised.

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days.

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 calendar days of the end of the contract period; 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 five years.

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to Laura M. Ingram, Contracting Officer, USDA, Forest Service, 5162 Valleypointe Parkway, Roanoke, VA 24019.

FAR 52.225-9 Buy American Act-Construction Materials (SEP 2010)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components…