sf1449.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 45

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 630583

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-3434-S-13-0010

DATE

April 2, 2013

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Carrie L Edwards; Contract Specialist calls) LOCAL TIME

INFORMATION CALL: 304-536-2144 x.104 May 2, 2013;

4:30PM

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA FOREST SERVICE

MONONGAHELA NATIONAL FOREST

UNRESTRICTED OR SET ASIDE: 100 % FOR

410 EAST MAIN STREET

WHITE SULPHUR SPRINGS, WV 24986

SMALL BUSINESS Women Owned Small

BUSINESS (WOSB)

HUBZONE SMALL Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

SERVICE-DISABLED VETERAN- 8(A)

OWNED SMALL BUSINESS NAICS: 212312

Size Standard: 500 Employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Aggregate and Stone Indefinite Delivery, Indefinite Quantity, South Zone, Monongahela National Forest

CONTRACTOR QUALIFICATIONS: Contractor must be registered in SAM; registration may be completed on the Internet at www.sam.gov.

Registered in SAM? ____Yes ____No

DUNS No: ___________________________________

TIN No: _____________________________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ______2_________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

CARRIE L EDWARDS

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2011) BACK

Continuation of SF1449

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

ADDITIONAL INFORMATION AND INSTRUCTIONS

1. This solicitation will result in the award of a firm, fixed-price, multiple-year, Indefinite-Delivery, Indefinite- Quantity (IDIQ) supply contract(s).

2. The Government may make multiple awards as a result of this solicitation; with a maximum of one award per Ranger District.

3. Award will be made for the base period. If the Government exercises its option to renew, awards will be made for succeeding option years in accordance with FAR Clause 52.217-9, Option to Extend the Terms of the Contract and FAR Provision 52.217-5, Evaluation of Options.

4. A minimum of $2,500 per Ranger District is guaranteed in the base period only. The maximum value for the base period and each option period is $200,000 per year with a maximum for the base year and all option periods combined of $1,000,000.

5. All quantities are estimated quantities only and will be used for evaluation purposes. The estimates were obtained from records of previous requirements, projected need from work plans, or by other means, and are based on the most current information available. Actual quantities will be provided in each individual delivery order. Actual work ordered will be based on prices submitted and funds available at times of needs.

6. Bids may be submitted for the Gauley, Marlinton, and/or White Sulphur Ranger Districts; any combination of Ranger Districts; or all Ranger Districts.

7. In order to make an offer for this requirement, you are required to complete and return the following:

SF-1449 - Pages 1&2 Schedule of Items – Pages 5-19 FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (DEC 2012) –

Pages 34-45 Attachment #2 – Capability Statement Attachment #3 – Past Performance Questionnaire

Completed packages should be received by 4:30 p.m. EST, on MAY 2, 2013 at the following address:

US FOREST SERVICE

MONONGAHELA NATIONAL FOREST

ATTN: CARRIE EDWARDS, CO

410 EAST MAIN STREET

WHITE SULPHUR SPRINGS, WV 24986

Offers or modifications of offers received at the address specified for the receipt of offers after the exact time specified for receipt of offers are late and will not be considered.

8. Contractor must, at its own expense, provide and maintain insurance coverage throughout the performance of this contract. See FAR Clause 52.228-5, Insurance – Work on a Government Installation and AGAR Clause 452-228-71, Insurance Coverage.

9. All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

10. Payment will be made after inspection and acceptance by the COR. 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.

11. 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. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of National Finance Center at 1-800-421-0323.

SCHEDULE OF ITEMS

MARLINTON RANGER DISTRICT

BASE PERIOD: (Calendar Year 2013)

Contract Item

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and shot rock in accordance with all Contract and Delivery Order specifications

M0001 Class 1 Aggregate 20 Ton $ $

M0002 Class 2 Aggregate 5,000 Ton $ $

M0003 Class 8 Aggregate 20 Ton $ $

M0004 AASHTO #1 Aggregate 20 Ton $ $

M0005 AASHTO #2 Aggregate 20 Ton $ $

M0006 AASHTO #57 Aggregate 20 Ton $ $

M0008 AASHTO #67 Aggregate 20 Ton $ $

M0007 AASHTO #8 Aggregate 20 Ton $ $

M0009 AASHTO #9 Aggregate 20 Ton $ $

M0010 Riprap 20 Ton $ $

M0011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

MARLINTON RANGER DISTRICT FOR BASE PERIOD

GAULEY RANGER DISTRICT

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, G0001 Class 1 Aggregate 20 Ton $ $

G0002 Class 2 Aggregate 5,000 Ton $ $

G0003 Class 8 Aggregate 20 Ton $ $

G0004 AASHTO #1 Aggregate 20 Ton $ $

G0005 AASHTO #2 Aggregate 20 Ton $ $

G0006 AASHTO #57 Aggregate 20 Ton $ $

G0007 AASHTO #67 Aggregate 20 Ton $ $

G0008 AASHTO #8 Aggregate 20 Ton $ $

G0009 AASHTO #9 Aggregate 20 Ton $ $

G0010 Riprap 20 Ton $ $

G0011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

GAULEY RANGER DISTRICT FOR BASE PERIOD

WHITE SULPHUR RANGER DISTRICT

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, W0001 Class 1 Aggregate 20 Ton $ $

W0002 Class 2 Aggregate 5,000 Ton $ $

W0003 Class 8 Aggregate 20 Ton $ $

W0004 AASHTO #1 Aggregate 20 Ton $ $

W0005 AASHTO #2 Aggregate 20 Ton $ $

W0006 AASHTO #57 Aggregate 20 Ton $ $

W0007 AASHTO #67 Aggregate 20 Ton $ $

W0008 AASHTO #8 Aggregate 20 Ton $ $

W0009 AASHTO #9 Aggregate 20 Ton $ $

W0010 Riprap 20 Ton $ $

W0011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

WHITE SULPHUR RANGER DISTRICT FOR BASE PERIOD

OPTION YEAR 1: (Calendar Year 2014)

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, M1001 Class 1 Aggregate 20 Ton $ $

M1002 Class 2 Aggregate 5,000 Ton $ $

M1003 Class 8 Aggregate 20 Ton $ $

M1004 AASHTO #1 Aggregate 20 Ton $ $

M1005 AASHTO #2 Aggregate 20 Ton $ $

M1006 AASHTO #57 Aggregate 20 Ton $ $

M1007 AASHTO #67 Aggregate 20 Ton $ $

M1008 AASHTO #8 Aggregate 20 Ton $ $

M1009 AASHTO #9 Aggregate 20 Ton $ $

M1010 Riprap 20 Ton $ $

M1011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

MARLINTON RANGER DISTRICT FOR OPTION YEAR 1

M1012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, G1001 Class 1 Aggregate 20 Ton $ $

G1002 Class 2 Aggregate 5,000 Ton $ $

G1003 Class 8 Aggregate 20 Ton $ $

G1004 AASHTO #1 Aggregate 20 Ton $ $

G1005 AASHTO #2 Aggregate 20 Ton $ $

G1006 AASHTO #57 Aggregate 20 Ton $ $

G1007 AASHTO #67 Aggregate 20 Ton $ $

G1008 AASHTO #8 Aggregate 20 Ton $ $

G1009 AASHTO #9 Aggregate 20 Ton $ $

G1010 Riprap 20 Ton $ $

G1011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

GAULEY RANGER DISTRICT FOR OPTION YEAR 1

G1012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, W1001 Class 1 Aggregate 20 Ton $ $

W1002 Class 2 Aggregate 5,000 Ton $ $

W1003 Class 8 Aggregate 20 Ton $ $

W1004 AASHTO #1 Aggregate 20 Ton $ $

W1005 AASHTO #2 Aggregate 20 Ton $ $

W1006 AASHTO #57 Aggregate 20 Ton $ $

W1007 AASHTO #67 Aggregate 20 Ton $ $

W1008 AASHTO #8 Aggregate 20 Ton $ $

W1009 AASHTO #9 Aggregate 20 Ton $ $

W1010 Riprap 20 Ton $ $

W1011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

WHITE SULPHUR RANGER DISTRICT FOR OPTION YEAR 1

W1012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

OPTION YEAR 2: (Calendar Year 2015)

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, M2001 Class 1 Aggregate 20 Ton $ $

M2002 Class 2 Aggregate 5,000 Ton $ $

M2003 Class 8 Aggregate 20 Ton $ $

M2004 AASHTO #1 Aggregate 20 Ton $ $

M2005 AASHTO #2 Aggregate 20 Ton $ $

M2006 AASHTO #57 Aggregate 20 Ton $ $

M2007 AASHTO #67 Aggregate 20 Ton $ $

M2008 AASHTO #8 Aggregate 20 Ton $ $

M2009 AASHTO #9 Aggregate 20 Ton $ $

M2010 Riprap 20 Ton $ $

M2011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

MARLINTON RANGER DISTRICT FOR OPTION YEAR 2

M2012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, G2001 Class 1 Aggregate 20 Ton $ $

G2002 Class 2 Aggregate 5,000 Ton $ $

G2003 Class 8 Aggregate 20 Ton $ $

G2004 AASHTO #1 Aggregate 20 Ton $ $

G2005 AASHTO #2 Aggregate 20 Ton $ $

G2006 AASHTO #57 Aggregate 20 Ton $ $

G2007 AASHTO #67 Aggregate 20 Ton $ $

G2008 AASHTO #8 Aggregate 20 Ton $ $

G2009 AASHTO #9 Aggregate 20 Ton $ $

G2010 Riprap 20 Ton $ $

G2011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

GAULEY RANGER DISTRICT FOR OPTION YEAR 2

G2012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, W2001 Class 1 Aggregate 20 Ton $ $

W2002 Class 2 Aggregate 5,000 Ton $ $

W2003 Class 8 Aggregate 20 Ton $ $

W2004 AASHTO #1 Aggregate 20 Ton $ $

W2005 AASHTO #2 Aggregate 20 Ton $ $

W2006 AASHTO #57 Aggregate 20 Ton $ $

W2007 AASHTO #67 Aggregate 20 Ton $ $

W2008 AASHTO #8 Aggregate 20 Ton $ $

W2009 AASHTO #9 Aggregate 20 Ton $ $

W2010 Riprap 20 Ton $ $

W2011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

WHITE SULPHUR RANGER DISTRICT FOR OPTION YEAR 2

W2012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

OPTION YEAR 3: (Calendar Year 2016)

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, M3001 Class 1 Aggregate 20 Ton $ $

M3002 Class 2 Aggregate 5,000 Ton $ $

M3003 Class 8 Aggregate 20 Ton $ $

M3004 AASHTO #1 Aggregate 20 Ton $ $

M3005 AASHTO #2 Aggregate 20 Ton $ $

M3006 AASHTO #57 Aggregate 20 Ton $ $

M3007 AASHTO #67 Aggregate 20 Ton $ $

M3008 AASHTO #8 Aggregate 20 Ton $ $

M3009 AASHTO #9 Aggregate 20 Ton $ $

M3010 Riprap 20 Ton $ $

M3011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

MARLINTON RANGER DISTRICT FOR OPTION YEAR 3

M3012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, G3001 Class 1 Aggregate 20 Ton $ $

G3002 Class 2 Aggregate 5,000 Ton $ $

G3003 Class 8 Aggregate 20 Ton $ $

G3004 AASHTO #1 Aggregate 20 Ton $ $

G3005 AASHTO #2 Aggregate 20 Ton $ $

G3006 AASHTO #57 Aggregate 20 Ton $ $

G3007 AASHTO #67 Aggregate 20 Ton $ $

G3008 AASHTO #8 Aggregate 20 Ton $ $

G3009 AASHTO #9 Aggregate 20 Ton $ $

G3010 Riprap 20 Ton $ $

G3011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

GAULEY RANGER DISTRICT FOR OPTION YEAR 3

G3012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, W3001 Class 1 Aggregate 20 Ton $ $

W3002 Class 2 Aggregate 5,000 Ton $ $

W3003 Class 8 Aggregate 20 Ton $ $

W3004 AASHTO #1 Aggregate 20 Ton $ $

W3005 AASHTO #2 Aggregate 20 Ton $ $

W3006 AASHTO #57 Aggregate 20 Ton $ $

W3007 AASHTO #67 Aggregate 20 Ton $ $

W3008 AASHTO #8 Aggregate 20 Ton $ $

W3009 AASHTO #9 Aggregate 20 Ton $ $

W3010 Riprap 20 Ton $ $

W3011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

WHITE SULPHUR RANGER DISTRICT FOR OPTION YEAR 3

W3012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

OPTION YEAR 4: (Calendar Year 2017)

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, M4001 Class 1 Aggregate 20 Ton $ $

M4002 Class 2 Aggregate 5,000 Ton $ $

M4003 Class 8 Aggregate 20 Ton $ $

M4004 AASHTO #1 Aggregate 20 Ton $ $

M4005 AASHTO #2 Aggregate 20 Ton $ $

M4006 AASHTO #57 Aggregate 20 Ton $ $

M4007 AASHTO #67 Aggregate 20 Ton $ $

M4008 AASHTO #8 Aggregate 20 Ton $ $

M4009 AASHTO #9 Aggregate 20 Ton $ $

M4010 Riprap 20 Ton $ $

M4011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

MARLINTON RANGER DISTRICT FOR OPTION YEAR 4

M4012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, G4001 Class 1 Aggregate 20 Ton $ $

G4002 Class 2 Aggregate 5,000 Ton $ $

G4003 Class 8 Aggregate 20 Ton $ $

G4004 AASHTO #1 Aggregate 20 Ton $ $

G4005 AASHTO #2 Aggregate 20 Ton $ $

G4006 AASHTO #57 Aggregate 20 Ton $ $

G4007 AASHTO #67 Aggregate 20 Ton $ $

G4008 AASHTO #8 Aggregate 20 Ton $ $

G4009 AASHTO #9 Aggregate 20 Ton $ $

G4010 Riprap 20 Ton $ $

G4011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

GAULEY RANGER DISTRICT FOR OPTION YEAR 4

G4012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

Description Estimated

Annual Quantity

Unit Unit Price

Total Price

Materials Provide (including haul costs) aggregate, stone, W4001 Class 1 Aggregate 20 Ton $ $

W4002 Class 2 Aggregate 5,000 Ton $ $

W4003 Class 8 Aggregate 20 Ton $ $

W4004 AASHTO #1 Aggregate 20 Ton $ $

W4005 AASHTO #2 Aggregate 20 Ton $ $

W4006 AASHTO #57 Aggregate 20 Ton $ $

W4007 AASHTO #67 Aggregate 20 Ton $ $

W4008 AASHTO #8 Aggregate 20 Ton $ $

W4009 AASHTO #9 Aggregate 20 Ton $ $

W4010 Riprap 20 Ton $ $

W4011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

WHITE SULPHUR RANGER DISTRICT FOR OPTION YEAR 4

W4012 Fuel Surcharge – Surcharge for fuel TBD TDB TDB TDB

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

BACKGROUND:

The Monongahela National Forest has approximately 1,619 miles of single lane (including turnouts/turnarounds) aggregate, improved native, and native surfaced roads; 66 miles of two lane aggregate, improved native, and native surfaced roads; 32 bridge structures; 108 gates; and 21 cattle guards. Typical roads contain an average of 25 culverts or drainage dips per mile, and approximately 4 sign posts per mile. Typical roads also have at least one roadside ditch the full length of each mile of road. Most roads are located in forested areas with heavy vegetation beside and overhead of roads.

The Monongahela National Forest is located in the following counties: Barbour, Grant, Greenbrier, Nicholas, Pendleton, Pocahontas, Preston, Randolph, Tucker, and Webster. The Forest consists of two zones; the North Zone consists of the Cheat, Greenbrier, and Potomac Districts. The South Zone consists of the Gauley, Marlinton, and White Sulphur Districts.

SCOPE OF WORK:

The Forest Service (FS) has a requirement for a Supply Contract to provide for the purchase and delivery of various aggregates, stone, rip-rap, and shot rock for the South Zone of the Monongahela National Forest. The FS anticipates award of an IDIQ (Indefinite Delivery, Indefinite Quantity) type, Firm-Fixed Priced Contract for the contract items described in the Schedule. The Contractor shall provide all labor, materials, equipment, tools, supplies, transportation, and incidentals necessary to supply stone and aggregate to the FS at varied locations and under the conditions specified in this contract for which the desired outcome is in strict accordance with the standards attached to each delivery order.

The terms “Contractor” and “Vendor” used in the specifications and contract are interchangeable.

Contractor shall mean Vendor and Vendor shall mean Contractor.

Quantities Quantities listed in the Schedule of Items are approximations only, based on estimates supplied by the FS.

It is understood and agreed that the contract shall cover the quantities actually ordered for delivery during the term of the contract, whether more or less than the quantities shown.

Vendor shall have the capacity to deliver a minimum quantity of 300 tons per day to any designated site when directed by a delivery order.

Prices The Contractor shall propose a price per ton for each item on the schedule. The price shall include material and haul costs to any location in designated districts. There will be three separate schedules, one for each of the three Districts in the South Zone of the Monongahela National Forest. See attached map for district locations. Estimated annual quantities shown on the schedule are estimates and for information only. The fuel surcharge item will be negotiated for option years and could change the Estimated Annual Quantity for all other items in option years. If the Vendor does not produce an item or produces an item by special order, this may be indicated on the Schedule.

In the event any Vendor does not wish to extend the prices, terms, and conditions of his proposal to all areas of the South Zone of the Monongahela National Forest, he must so indicate in a clear and unambiguous manner in his offer. This indication does not prejudice the award of the contract. If a Vendor does not indicate his refusal to extend the prices, terms, and conditions of his proposal to areas of the South Zone of the Monongahela National Forest; he is bound to extend them upon issuance of a delivery order.

Delivery Orders Performance of individual tasks will be accomplished by the issuance of delivery orders against the IDIQ contract. The Performance Based Statement of Work shall consist of completing the ordered tasks to the Acceptable Quality Level (AQL) required in the Performance Work Statement / Quality Assurance Plan.

The awarded contract and delivery orders shall constitute the entire agreement including all terms and conditions applicable to the contract.

Material Specifications The material specifications are designated by, but not limited to the following:

Material WVDOH Standard Spec Section Stone and Crushed Aggregate 704 Course Aggregate 703 Riprap 704.2 Shot Rock 704.8

Hauling Aggregate to FS Projects by Contractor The Contractor shall deposit aggregates at the project site at the locations and in a manner directed by the FS. This may include tailgating the aggregate into an aggregate spreader or onto a roadway, or dumping the aggregate into a stockpile.

Weighing of Materials Material delivered by truck shall be weighed in accordance with Section 401.9.3 of the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted 2000, as amended by Supplemental Specifications. Moisture required for Stone and Crushed Aggregate shall be added after loaded trucks have been weighed.

Sampling and Testing Sampling and Testing for quality of all items furnished in this contract will be the responsibility of the Contractor. The FS retains the right to perform acceptance testing. The Vendor will be responsible for providing test results attesting to the gradation of materials delivered. Contractor is responsible for providing necessary sampling and testing for applicable sections shown in the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted 2000, as amended by Supplemental Specifications. At a minimum, the Contractor will provide a copy of material compliance certificates (aggregate, stone, rip-rap, etc.) if requested by the FS.

Acceptance Plan Material failing to comply with the quality requirements will not be accepted.

Damages 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 existing structures such as bridges, culverts, signs, guardrails, or any other Government infrastructure or property. Repair or replacement to 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.

Vendor’s Invoices Vendor’s invoices must be submitted in original and one copy and contain the following:

• All weigh ticket numbers for material delivered during the invoicing period.

• Name and address of the Contractor.

• Invoice date and invoice number.

• FS Contract / Delivery Order number.

• Taxpayer Identification Number (TIN).

• Description, quantity, unit of measure, unit price, and extended price (Total quantity invoiced shall be scale weights – supported by weigh tickets).

• Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

DEFINITIONS

1 IDIQ: Indefinite Delivery Indefinite Quantity-Type of contract for which specific delivery of the service and the exact quantities needed are not known at the time of award.

2 Delivery Order: Method by which the FS will order services and supplies necessary to perform the services of the contract.

3 Acceptable Quality Level (AQL): The maximum percent defective work that may occur before the FS will employ price deductions in accordance with the Inspection/Acceptance clause in the Terms and Conditions – Commercial Items {FAR 52.212-4 (a)}.

4 Defective Service: A unit of service which contains one or more defects, or nonconformance with specified requirements.

5 Quality Control: Those actions taken by a Contractor to control the performance of services so that they meet the specified requirements.

6 Quality Assurance: Those actions taken by the FS to assure services meet the specified requirements.

7 COR: Contracting Officer’s Representative (COR) is a FS employee that is appointed and officially designated by the Contracting Officer to assist the Contracting Officer with technical matters related to contract administration. The COR will assist the Contracting Officer with surveillance of Contractor performance.

8 FS Inspector: A FS employee designated by the Contracting Officer or COR to perform surveillance of Contractor performance.

FS FURNISHED PROPERTY, MATERIALS AND SERVICES

Not Applicable

CONTRACTOR FURNISHED ITEMS AND SERVICES

General: Except for those items or services specifically stated to be furnished by the FS, the Contractor shall furnish everything required to perform the work of this contract, delivery order, and/or attachment(s) to the Acceptable Quality Level indicated in the contract, delivery order, and/or attachment(s).

PERFORMANCE WORK STATEMENT/

QUALITY ASSURANCE PLAN

Requirement Tasks / Critical

Sub-tasks Quality

Standards

AQL

Method of Monitoring

Incentive/ Disincentive

1. Materials The Contractor shall deposit aggregates at the project site at the locations and in a manner directed by the FS.

Gradation / quality meets West Virginia Division of Highways Standards for materials shown in Schedule of Items and placed in accordance with travelway

In accordance with West Virginia Division of Highways Standards accepted industry practice100%

Quality Control Plan and Material Compliance Certificates

Positive/Negative performance to be reported to NIH. Potential additional option years.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment #1 Monongahela National Forest 1 Page South Zone Map

Attachment #2 Capability Statement 1 Page

Attachment #3 Past Performance 1 Page

FS PUBLICATIONS / INDUSTRY STANDARDS /

STATE STANDARDS / FS STANDARDS / TECHNICAL EXHIBITS

General: The following items are incorporated into the contract and are applicable to any or all work performed under this contract and/or delivery order: Copies are included in Attachments to the RFQ unless incorporated by reference as indicated.

FS EM7720-100 [8/96] (by reference) – available at:

http://www.fs.fed.us/r9/contracting/index.html

West Virginia Division of Highways Specifications (current – as applicable – by reference) http://www.transportation.wv.gov/highways/contractadmin/specifications/2010StandSpec/ Pages/default.aspx

CONTRACT CLAUSES

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

52.212-4 Contract Terms and Conditions - - Commercial Items (JUNE 2010) 52.217-2 Cancellation Under Multiyear Contracts (OCT 1997)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JAN 2013)

(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:

_X_ (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).

__ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (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).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 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).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 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).

__ (11) [Reserved] _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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.

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

_X_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(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.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C.

632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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.)

__ (35)(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.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(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_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(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, 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.

__ (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 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)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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:

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

__ (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.).

__ (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) (41 351, 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.).

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

__ (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 (Sept 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 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 (Dec 2010) (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 (l) 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.).

(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 (JUL 2012).

(xiii) 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.

(xiv) 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.

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through December 31, 2013 for the base period, and through the end date for any exercised option period.

(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.

FAR 52.216-19 Order Limitations (OCT 1995)

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

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

(1) Any order for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $200,000; or

(3) A series of orders from the same ordering office within 15 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 10 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.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

“maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2013 for the base period or the end date for any exercised option period.

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

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

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

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

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.

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 2013. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

AGAR 452-209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.

No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

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

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

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in…