Road_Maintenance_Warm_Springs_solicitation_Road_Maintenance_2015.pdf

Continuation of SF 1449

Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

This project is being solicited using Simplified Acquisition Procedures in accordance with FAR 13.5 Test Program for Certain Commercial Items.

ADDITIONAL INFORMATION AND INSTRUCTIONS

1. Contractor Remittance Address: All payments by the government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the System for Award Management (SAM) at www.sam.gov. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of National Finance Center at 1-800-421-0323.

2. Invoices: Invoices shall be submitted electronically through the Invoice Processing Platform (IPP) at www.ipp.gov after task order performance; no advance payments will be authorized. If the work performance period in an individual Task Order is 30 days or less, the contractor shall submit an invoice to the government at the end of the performance period. No partial payments will be authorized for less than a 30 day period of performance. If the work performance period cited in an individual Task Order is greater than 30 days, partial payments may be authorized on a monthly basis and upon completion of the ordered work.

3. Payments: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice; whichever is later. If payment is not received within 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer.

4. Insurance:

Contractor must, at its own expense, provide and maintain insurance coverage throughout the performance of the contract. See FAR Clause 52.228-4 and AGAR Clause 452.228-71.

Contractors must submit pricing on all items of work.

Registered in SAM? yes no DUNS No:_____________________ http://www.arnet.gov/far/ http://www.sam.gov/ http://www.ipp.gov/

COMMERCIAL ITEMS AG-3395-S-15-0012

Routine Systematic Road Maintenance Warm Springs Ranger District George Washington & Jefferson National Forests

INSERT FORM SF 1449 HERE

(UPLOADED SEPARATELY ON FEDBIZOPPS)

Routine Systematic Road Maintenance

A COMPLETE QUOTATION PACKAGE CONSISTS OF:

SF-1449, cover sheet

A Completed Schedule of Items, Section B

A written resume that addresses Evaluation Factors (can include attached

Experience Questionnaire)

Completed Clause 52.212-5, Representations and Certifications

THIS PROJECT IS AN 100% TOTAL SMALL BUSINESS SET-ASIDE

No Pre-proposal meeting is scheduled.

Routine Systematic Road Maintenance

The Schedule Section B - Supplies or Services and Prices/Costs

Item 1: Miles of Blading

Priority Number

Road Number and Name No. of Miles to Blade

Unit Price Total Price

1 194C: Lime Kiln Spur 1.0

2 241: Hidden Valley 0.6

TOTAL PRICE : $___________________

Item 2: 203 Culvert Cleaning

Road Number and Name No. of Culverts to be Cleaned

Unit Price Total Price

1 194: Lime Kiln 142

2 194C: Lime Kiln Spur 10

3 241: Hidden Valley 53

4 465: Piney Mountain 76

5 1325: Hester 20

Item 3: 205 Blading and Ditching

Road Number and Name No. of Miles of Blading & Ditching

Unit Price Total Price

1 194: Lime Kiln 10.5

2 194C: Lime Kiln Spur 0.3

3 241: Hidden Valley 10.0

4 465: Piney Mountain 7.1

5 1325: Hester 1.0

TOTAL PRICE Item 1 + Item 2 + Item 3 : ___________________

Routine Systematic Road Maintenance

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The intent of this contract awarded from this solicitation is to perform identified routine systematic road maintenance service activities on existing Forest Service Roads within the administrative boundaries of the Warm Springs Ranger Districe, George Washington & Jefferson National Forests, including culvert cleaning and blading and ditching, in compliance with all specifications and applicable terms and conditions of the contract.

The entire George Washington and Jefferson National Forests have approximately 1,250 miles of single lane (including turnouts/turnarounds) aggregate, improved native surfaced roads; 100 miles of two lane aggregate, improved native and native-surfaced roads and 100 bridge structures. Typical roads contain an average of 35 culverts or drainage dips per mile and approximately 4 sign posts per mile. Typical roads also have some roadside ditches the full length of the road.

Most roads are located in forested areas with heavy vegetation beside and overhead of roads.

There is no separate pay item for mobilization. Any movement or transportation of equipment to or from areas required to pursue the work, repair or replace equipment, or for the Contractor’s convenience, shall be at the Contractor’s expense.

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users. Whenever possible, the road shall remain passable to traffic while work is being performed. The Contractor shall be held liable for any damage caused by his personnel or equipment to any existion structures such as bridges, culverts, signs, guardrails or any other Government infrastructure or property. Repair or replacement of these structures shall be at the Contractor’s expense. The Government shall not be liable to loss, damage or destruction of equipment furnished by the Contractor.

Routine Systematic Road Maintenance

Division 100 – General Specifications

100 - Scope of Contract

The Contractor shall provide all equipment (including personal protective equipment for safety purposes), labor, materials, tools, supervision, and other incidentals and execute all work necessary to perform the required road maintenance on the designated National Forest roads in accordance with these specifications and exhibits.

110 - Location and Description of Work

All work is located within the boundaries of the George Washington & Jefferson National Forests.

District 1: Warm Springs Ranger District (Hot Springs, VA) – Virginia Counties: Bath, Highland

Roads to receive maintenance operations will be specified by the Contracting Officer in the Delivery Order and Activities

Schedule issued when work is to begin. The work to be performed under this contract is comprised of various maintenance activities in accordance with the Division 200 – Performance Standards.

120 - Schedule of Work

All work shall be performed between the hours of 7:00 AM and 6:00 PM on weekdays (exclusive of Federal Holidays).

Approval to work outside these hours must be obtained from the Forest Service representative. If the Contractor elects to use more than one grader on the project, they shall coordinate with the Forest Service representative as to the location and time graders are working. The Contractor must notify the Forest Service representative a minimum of 24 hours prior to beginning and completion of work.

130 - Superintendence by the Contractor

At all times during the performance of the contract and until the work is completed and accepted, the Contractor shall directly supervise the work or assign and have on the work site a competent superintendent who is satisfactory to the

Contracting Officer and has authority to act for the Contractor. The superintendent shall be designated in writing to the

Contracting Officer prior to the commencement of work on the first delivery order.

140 - Equipment & Operator Requirements and Transportation

All equipment proposed to be used for performance of the work shall be of the size, type and in such condition to properly pursue the requirements of this contract. The Contractor's proposed equipment shall be made available for inspection prior to starting work under the contract. If at any time during the course of this contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement, within 3 days at Contractor’s expense, meeting original specifications. Any movement or transportation of equipment to or from work areas required to pursue the work on the contract, to repair or replace equipment, or for the Contractor's convenience shall be at the Contractor's expense.

Routine Systematic Road Maintenance

Equipment is to be provided with a competent operator. All equipment furnished must be in satisfactory, safe condition and able to perform the required task. The motor grader shall be in the class of a CAT 12-G or equal, have a 12' – 14’ wide blade and have a rating of 135 horsepower or greater. The moldboard shall have vertical, tilt, and rotational capabilities and be extendable to the side. The grader shall be equipped with a scarifier (minimum of 4 teeth) in good condition with a fire extinguisher. All equipment shall have a Rollover Protective Structure (ROPS).

The contractor shall use only experienced, licensed operators with a minimum of 5 years of full-time experience in the stated work and in the operation and maintenance of the required equipment.

Prior to award of multiple contracts for other Districts on the George Washington & Jefferson National Forest to one

Contractor, the Contractor shall submit proof of adequate personnel, equipment, and ability to complete the required work activities (including amount and type of equipment, and personnel qualifications) in accordance with section 120.

All work per district shall be completed by June 15, 2015.

150 - Public Safety and Traffic Control

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to, road users or others within the work area. The Contractor is to pursue all work on site in accordance with all

Federal, State and Local laws governing the transportation and work being performed.

The Contractor shall post warning signs on each end of the section of road being worked. Signs are to be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devises", (MUTCD) and as follows:

-- Warning signs shall have a black legend on an orange background.

-- The use of standard orange flags or yellow flashing warning lights in conjunction with signs is required.

-- All signs shall be minimum size 30"x30".

-- All signs to be used during hours of darkness shall be reflectorized or illuminated.

-- As a general rule, signs shall be located on the right-hand side of the roadway.

-- Signs mounted on barricades or temporary supports shall be not less than one foot to the bottom of the sign from the road surface.

-- Signs shall be no more than 2 miles apart, and when considered necessary by the COR, may be placed closer to actual work.

-- For maximum mobility during rock picking or culvert cleaning, a warning sign may be effectively mounted on a vehicle moving along with the work operation.

-- Required signs shall be placed to ensure that traffic is warned from each direction.

These signs shall be moved as required per the MUTCD to properly delineate and identify the section of the road being maintained. At no time shall these signs be more than two (2) miles from operating equipment and shall be in place only when road equipment or persons are performing operations. All slow moving equipment is to have a reflectorized "slow moving" vehicle emblem properly attached.

All work requiring closure of a road must be scheduled and approved by the Contracting Officer's Representative (COR) prior to the commencement of that portion of work. All work is to be scheduled so that at the end of a working day, the

Routine Systematic Road Maintenance road is passable for the type of traffic normally using the road. If for any reason traffic hazards (segments of unfinished work which may present a hazard to road users, such as rolls of surface material, berms on the shoulder, etc.) are left in or adjacent to the road after normal working hours, the work is to be properly signed as hazardous and visibly illuminated at night.

160 - Accomplishment Records and Reports

The Contractor shall maintain detailed records of accomplishment using the form shown in Exhibit “A”. These records shall be delivered to the Forest Service representative after completion of the contract and shall become the property of the Government. No payment shall be made prior to receipt of these records. If requested, a copy of the form, “Summarized Daily Accomplishment Report”, can be furnished to the Contractor by the Forest Service representative prior to the start of work.

170 - Acceptance of Work

All items of work on each individual road must be satisfactorily completed in accordance with the applicable specifications, inspected and accepted by the responsible Forest Service representative and documented in writing. The

Activity Schedule will list groups of roads by geographical area whenever possible. Forty Eight (48) hours prior to leaving an area, and before the Contractor is authorized to start work on the next road, the Contractor shall request inspection and acceptance of the completed work. Unacceptable work shall be re-accomplished at the Contractor’s expense.

Once work has begun on this contract, all work shall be completed and all items accepted before moving to another another district within the Forest covered by the same contractor, unless an alternative schedule allowing operation by an individual contractor using multiple work crews to work on more than one district is approved by the COR. This requirement applies when an individual contractor is awarded more than one contract for other Districts on the Forest.

180 – Performance & Response Time

Contractor should average a minimum of fifteen (15) miles of surface blading, fifteen (15) miles of ditch pulling, and 150 culverts cleaned, per week. Performance time will be established at the rate of seven (7) calendar days for every fifteen miles. Two (2) calendar days will be allowed for move-in and move-out.

If the contractor is performing work on an existing contract or agreement that includes “Motorgrader with Operator“ for hourly work under another George Washington & Jefferson Forests contract, and contract is concurrently issued , the

Forest Service shall allow a minimum of ten (10) calendar days for the contractor to mobilize in response to the additional contract (Contract time for the new order will be extended 10 days past the date stipulated in Section 140.

190 – Key Personnel

The Contractor shall assign to this contract the following key personnel:

Contractor’s Representative Motor Grader Operator

Routine Systematic Road Maintenance

The Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 10 calendar days after the occurrence of any of these events and provide the information required by the paragraph below.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting

Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Division 200 - Performance Standards

Activity Code 201: Surface Blading of Roads

201.10 Definitions

Graphic definitions of road structural terms are shown on the attached “Figure 101-1”.

201.20 Maintenance Requirements

Blading operations are to be done over the traveled way in order to remove, by cutting out, all ruts, potholes, corrugations, and berms. All suitable dislodged aggregate shall be smoothly redistributed over the traveled way to produce the proper cross-slope or crown as specified. Existing surfacing material will not be wasted during blading operations.

Aggregate surfacing which has been worked onto road shoulders by traffic or previous maintenance activities (ie occurred prior to work being performed on the current delivery order) shall be reclaimed and smoothly redistributed over the traveled way. Traveled way widths shall be perpetuated as existing. Dips and swales designated to control surface drainage are to be maintained. Turnouts and intersections shall be considered part of the traveled way. Assure proper road crowns (or out-slope where applicable) and surface drainage is in accordance with what is shown in the attached “Exhibit B”, after all operations are completed.

Passes shall not exceed one (1) mile intervals at one time without permission. No undercutting of the roadway edges shall be allowed. Berms of material caused by grading operations shall be removed from the roadway prior to the end of the day’s work and not left in place overnight. Berms of material in place prior to blading shall be removed or modified to allow adequate drainage of the travelled way.

Removal of shoulder vegetation and grass sod will not be necessary unless it interferes with proper surface drainage.

Reasonable amounts of grass, leaf litter or pine straw is to be smoothly spread within the traveled way or along the shoulder after sufficient movement to sift out surface aggregate. Where grass, leaf litter or pine straw is excessive, as determined by the COR, this material will be piled in spots along the road shoulder and left to decay. Care must be taken

Routine Systematic Road Maintenance to insure this material does not interfere with surface drainage nor present a safety hazard. If any of this material cannot be placed to avoid interference with drainage, it shall be removed from the roadway. Any such material is to be reclaimed in subsequent bladings and smoothly spread within the traveled way or along the shoulder. Existing material from previous bladings shall also be reclaimed and smoothly spread within the traveled way. For certain projects, the

Contractor will provide materials to be delivered and worked into the required operations, such as, but not limited to, stone or borrow material (Activity Code 220).

Loose rocks, wood debris, or other unsuitable material, protruding 2 inches (greatest dimension) or more above the graded surface shall be removed. It is permissible to waste the referenced material over the shoulders away from ditches and culverts.

201.30 Soil Moisture Conditions (SMC)

Suitable soil moisture conditions for surface blading shall be from 5 – 15 percent by weight. Unless authorized by the

COR, no surface blading shall be performed while SMC are outside this range. When SMC are below 5%, the roadbed visually appears to contain little moisture and heavy dusting is present. Under these conditions no wetting precipitation has occurred in the recent past. Above 15% SMC, the roadbed appears oversaturated, contains standing water, or may be rutting slightly. Recent heavy precipitation has occurred under these conditions. If conditions are too dry, the contractor may provide water to increase moisture content per Activity Code 260.

201.40 Method of Measurement

Measurement of work completed shall be the actual length of road maintained as specified and accepted by the Forest

Service representative. Measurement shall be made along the centerline of the road to the nearest tenth of a mile using an odometer calibrated over a measured mile.

201.50 Basis of Payment

Payment shall be made for all work of this activity, inspected and accepted, in accordance with the following pay item and bid unit price.

Pay Item Description Pay Unit

201(01) Surface Blading of Roads Mile

Activity Code 203: Culvert Cleaning

203.10 Maintenance Requirements

Culverts, 36-inches and smaller, associated with road and lead-off ditches are to be cleaned of dirt, silt, rock, debris, brush and vegetative matter around the inlet and outlet ends. Contractor shall clean a minimum of three (3) feet inside of the culvert, on both culvert ends. Any culvert interior plugged more than 3 feet from the ends shall be reported to the

COR for repair by the Forest Service. Material extracted from around the ends of the culvert is to be spread off of the

Routine Systematic Road Maintenance roadway and away from ditch lines. This work also includes debris removal from the culvert inlet and outlet ditches (ie, 10 feet from each end of the culvert), catch basins, and other structures associated with the culvert ends. Cleaning of grade ties with road ditches to assure proper ditch drainage into culverts is considered part of this activity.

203.20 Method of Measurement

Measurement of work completed shall be per each culvert maintained as specified and accepted by the Forest Service representative.

203.30 Basis of Payment

Payment shall be made for all work of this activity, inspected and accepted, in accordance with the following pay item and bid unit price.

203(01) Culvert Cleaning Ea

Activity Code 205: Road Surface Blading & Ditch Cleaning

205.10 Definitions

Graphic definitions of road structural terms are shown on the attached “Figure 101-1”.

205.20 Maintenance Requirements

The Contractor shall perform both surface blading of the road and ditch cleaning for each road mile identified in the delivery order. All maintenance requirements for Activity Code 201: Surface Blading of Roads and Activity Code 202:

Ditch Cleaning as written and referenced above shall apply to this activity code. Ditch cleaning shall be inclusive of road mileage with ditching on both sides of the road.

205.40 Method of Measurement

Measurement of work completed shall be the actual length of road maintained as specified and accepted by the Forest

Service representative. Measurement shall be made along the centerline of the road to the nearest tenth of a mile using an odometer calibrated over a measured mile. Road mileage may include roads with ditch lines on both sides of the road. Work done to clean ditches on both sides of the road shall be incidental to this pay item.

205.30 Basis of Payment

Payment shall be made for all work of this activity, inspected and accepted, in accordance with the following pay item and bid unit price.

Routine Systematic Road Maintenance

205(01) Road Surface Blading & Ditch Cleaning Mile

Routine Systematic Road Maintenance

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

o Maps (1 page) o Experience Questionnaire, 5 pages o Exhibit A: Summarized Daily Accomplishment Report, 1 page o Exhibit “B”: Typical Road Sections, 1 page o Illustration of Road Structure Terms, 1 page o Virginia Wage Determination No. 2005-2547, rev. 16, dtd. 12/30/2014

Routine Systematic Road Maintenance

SOLICITATION PROVISIONS

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999) TAILORED

(a) The Government will award a contract resulting from this solicitation to the responsible contractor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The degree of importance of price as a factor could become greater depending upon the quality of the quotations for other factors evaluated. All evaluation factors other than price, when combined, are approximately equal to price in the award decision. The following factors will be used for evaluation of the quotations:

Past Performance o Based upon quality of service, customer satisfaction, business relations, and timeliness/responsiveness. A contractor with no relevant past performance will receive a neutral rating for past performance.

Experience/Qualifications o Based upon the experience and qualifications of the company and its personnel in comparison to the work described specifically in this solicitation. (May use attached Questionnaire)

Equipment o Based on the equipment company proposes to use during performance of the contract.

Quality Control Plan o Will be evaluated for adequacy (see Quality Control Requirements document listed on page 68

“Contract Documents” for content requirements of Quality Control Plan)

Price o Will be evaluated to determine if it is fair and reasonable. A contractor’s total quoted price, including options, will be used for evaluation purposes.

THE GOVERNMENT MAY AWARD CONTRACTS TO CONTRACTORS QUOTING OTHER THAN THE LOWEST PRICE IF THEY ARE DETERMINED TO REPRESENT A BETTER VALUE AFTER CONSIDERATION OF THE EVALUATION FACTORS AS DESCRIBED. Contracts resulting from this solicitation will be firm-fixed price. Multiple contract awards may result from this solicitation.

FAILURE TO PROVIDE ALL REQUIRED MATERIAL MAY RESULT IN YOUR QUOTATION BEING EXCLUDED FROM

FURTHER CONSIDERATION FOR CONTRACT AWARD.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Routine Systematic Road Maintenance

TERMS AND CONDITIONS

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111- 5).

____(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

Routine Systematic Road Maintenance

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.

111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

Routine Systematic Road Maintenance

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

X (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

Routine Systematic Road Maintenance

___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L.

108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

X (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

X (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made

Routine Systematic Road Maintenance available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

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

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

Routine Systematic Road Maintenance

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110- 247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.228-5 Insurance—Work on a Government Installation. (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

AGAR 452.228-71 Insurance Coverage. (NOV 1996)

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

Routine Systematic Road Maintenance

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

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

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

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

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:

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://fsweb.wo.fs.fed.us/aqm/newweb/fsar/index.shtml

52.217-2 Cancellation Under Multiyear Contracts (OCT 1997) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://fsweb.wo.fs.fed.us/aqm/newweb/fsar/index.shtml

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52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

http://www.acquisition.gov/

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(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Routine Systematic Road Maintenance

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and…