RoadMaintenanceApalRDNo.AG4283S080004.doc

COMMERCIAL ITEMS

SOL NO. AG-4283-S-08-0004

PROJ NAME: Road Maintenance

UNIT: Apalachicola National Forest

01/14/2008

INFORMATION CALL:

02/13/2008

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

325 John Knox Road, Suite F-100

Tallahassee, FL 32303

FORMCHECKBOX

HUBZONE SMALL

NAICS: 115310 BUSINESS

FORMCHECKBOX

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $6.0 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Apalachicola National Forest Liberty and Franklin Counties, FL

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.

FORMCHECKBOX

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

FORMCHECKBOX

SEE ADDENDUM

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

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

SCHEDULE OF ITEMS

Base Period: Date of award through September 30, 2008

TASK/

ESTIMATED

CRITICAL SUBTASK

QUANTITY

UNIT

UNIT PRICE

TOTAL

5.1 Blading and Compacting

Mile

5.2 General Road Repair

(Activities 5.2.1, 5.2.2, and 5.2.3 are price separately below)

5.2.1 Spot Repair Sand/Clay

Cubic Yard

5.2.2 Spot Repair Aggregate Road Base

Ton

5.2.3 Spot Repair #5 Modified Aggregate 75

Ton

5.3.2 Equipment Rental

Hour

5.4.1 Clean and Reshape Ditches, Mile

including Wing and Lead-off Ditches

TOTAL

Offerors shall submit prices for all items.

SCHEDULE OF ITEMS

Option Period I: October 1, 2008 through September 30, 2009

UNIT PRICE

TOTAL

5.1 Blading and Compacting

Mile

5.2 General Road Repair

(Activities 5.2.1, 5.2.2, and 5.2.3 are price separately below)

5.2.1 Spot Repair Sand/Clay

Cubic Yard

5.2.2 Spot Repair Aggregate Road Base

Ton

5.2.3 Spot Repair #5 Modified Aggregate 100

Ton

5.4.1 Clean and Reshape Ditches, Mile

Offerors shall submit prices for all items.

SCHEDULE OF ITEMS

Option Period II: October 1, 2009 through September 30, 2010

UNIT PRICE

TOTAL

5.1 Blading and Compacting

Mile

5.2 General Road Repair

(Activities 5.2.1, 5.2.2, and 5.2.3 are price separately below)

5.2.1 Spot Repair Sand/Clay

Cubic Yard

5.2.2 Spot Repair Aggregate Road Base

Ton

5.2.3 Spot Repair #5 Modified Aggregate 100

Ton

5.4.1 Clean and Reshape Ditches, Mile

Offerors shall submit prices for all items.

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

INFORMATION FOR OFFEROR

PROJECT DESCRIPTION

Contractor shall perform miscellaneous road maintenance in accordance with attached Schedule of Items and Performance Work Statement on an as-needed basis. Required road maintenance is intermittent depending on the needs of the Government. Contractor shall be notified in writing of required maintenance by issuance of task orders.

PROJECT LOCATION

All work performed under this contract will be located on the Apalachicola National Forest, Apalachicola Ranger District, Liberty and Franklin Counties, FL

CONTRACT PERIOD:

Work on this project is expected to begin approximately March 1, 2008. Contract time for completion of all work is September 30, 2008 with 2 option years.

PERFORMANCE:

Performance of the contract shall begin within 10 calendar days after the effective date of the Notice to Proceed. Contractor shall prosecute the work diligently, and complete the entire work by September 30, 2008. The Contracting Officer will issue the Notice to Proceed at the pre-work conference.

PREOFFER INFORMATION: A formal site visit is not scheduled. For information offerors may contact Willie Manning, Telephone: 850-576-5205; Cell No. 850-524-2571, e-mail: wmanning@fs.fed.us; or Brian Wharton 850-523-8544, e-mail: bwharton@fs.fed.us.

SET-ASIDE STANDARD INFORMATION:

(a) Percent of Set-aside: 100%

(b) Type of Set-aside: Small Business

(c) Small business size standard or other criteria: Average annual receipts for the last three years does not exceed $6 million. The North American Industry Classification system (NAICS) code for this acquisition is 115310.

SUBMISSION OF OFFERS

Offerors shall return signed Form 1449, Solicitation/Contract/Order for Commercial Items, Schedule of Items for base year and all option years; current information necessary for evaluation of offer in accordance with FAR 52.212-2; and Representations and Certifications—Commercial Items. Late offers will not be considered for award. Offers received after the date and time set for receipt of offers will be rejected.

SOLICITATION PROVISIONS

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance

Experience in performing similar work Technical Capability Price

Technical, experience and past performance, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

NOTE: Offeror shall submit sufficient information with offer for the Contracting Officer to evaluate offeror’s qualifications in accordance with evaluation criteria listed above. References provided shall include current information.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (52.212-5) (Dec 2007)

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

(2) 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:

__ (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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

_X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(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_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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.

_X_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (18) 52.222-22, Previous Contracts and Compliance Reports (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(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.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

_X_ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

_X_ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 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)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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) (Nov 2006) (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 (Feb 2002) (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 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

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

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 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.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.227-15, Rights In Data – General (JUN 1987)

(xi) 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.

Central Contractor Registration (52.204-7)(July 2006)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

Ordering (FAR 52.216-18) (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 contract award through September 30, 2008 with four (4) option years.

(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.

Order Limitations (FAR 52.216-19) (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 $500,000;

(2) Any order for a combination of items in excess of $1,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 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.

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of Notice to Proceed through September 30, 2008 for the base period, plus any exercised option periods.

Availability of Funds for the Next Fiscal Year (52.232-19) (Apr 1984)

Funds are not presently available for performance under this contract beyond 09/30/2008. 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 09/30/2008, 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.

Note: Notice of availability of funds for option years will be confirmed by the Contracting Officer in writing by issuance of task orders to the contractor.

FAR 52.252-2, Additional 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:

http://www.arnet.gov/far/loadmainre.html http://www.usda.gov/procurement/policy/agar.html http://fsweb.wo.fs.fed.us/aqm/newweb/fsar/index.shtml 52.216-21 Requirements (Oct 1995) 52.217-5 Evaluation of Options (July 1990)

52.236-6 Superintendence by the Contractor (APR 1984)

52.243-1 Changes—Fixed Price (Alternate 1) (Apr 1984) 452.236-16 Stop Work Order (AUG 1989)

452.236-17 Government Delay of Work (APR 1984)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Exhibit or Attachment

Number of Pages

Performance Work Statement

Wage Determination Number: 1974-1311, Rev. No. 29

Offeror Representations and Certifications—Commercial Items

SECTION C

PERFORMANCE STATEMENT OF WORK

Road Maintenance, Apalachicola National Forest

PART I

GENERAL

1.1 SCOPE OF WORK The contractor shall provide any and all labor, materials, tools and other incidentals necessary to perform specified road maintenance on Forest System Roads on an as-needed basis from the date of award through September 30, 2008 on the Apalachicola National Forest, Apalachicola Ranger District plus any exercised option periods covering October 1, 2008 through September 30, 2012. This statement of work consists of completing the tasks and subtasks in section V to the quality assurance standards/requirements of section VII. Required road maintenance is intermittent depending on the needs of the Government.

1.2 SCHEDULE OF WORK The contractor shall furnish a work plan and schedule to the COR at least 5 days prior to beginning work. The work plan and schedule will specify road number, road termini, required maintenance activity, and sequence of performance. The COR reserves the right to make adjustments to the schedule as needed. The work plan and schedule is also subject to change due to weather conditions.

If at any time the contractor is not working on National Forest land and the need for the performance of work covered by this contract arises, the contractor has 48 hours to begin work as directed by the COR.

1.3 PUBLIC SAFETY AND TRAFFIC CONTROL The Contractor shall exercise caution and care while performing the work to prevent unnecessary conflict with or potential hazards to road users.

The Contractor shall post warning signs on each end of the road segment being worked. Signs shall be of the size, type, and colors required in the current edition of the "Manual on Uniform Traffic Control Devices". A copy of the "MUTCD" is available to the Contractor for in office reference only upon request. These signs shall be moved as needed to properly delineate and identify the section of road being maintained. At no time shall the signs be more than two miles (or from intersection to intersection of road segment) from the operating equipment and shall be in place only when road equipment or personnel are actually performing operations. No road work shall be permitted if warning signs are not posted.

All slow-moving equipment shall have a reflectorized "Slow Moving" vehicle emblem properly attached. Road work shall not be performed if the caution light(s) are not working and/or the slow moving vehicle sign is not visible from the rear of the machines.

All work shall be scheduled so that, at the end of each working day, the road is passable for the type of traffic normally using the road. If, for any reason traffic hazards are left in or adjacent to the road after normal work time, they shall be properly signed as hazards and visibly illuminated at night. Segments of unfinished work which may present a hazard to road users, such as, but not limited to, rolls or surface material, berms on the shoulder, etc. may not be left in the roadway over night, weekend or holidays unless specified by COR or Inspector.

1.4 SOIL MOISTURE CONDITIONS There are periods of the year when it can be expected that surface grading will not be feasible due to moisture content. Roads bladed when moisture conditions are not suitable will not be accepted (unless authorized by the COR or Inspector).

1.5 NOXIOUS WEED CONTROL Contractor shall clean equipment to ensure that it is free of dirt, grass, and other organic material prior to commencing work on contract, and also when equipment returns to National Forest land after residing elsewhere. Contractor shall notify COR prior to beginning work so that the equipment may be inspected. The contractor shall also clean equipment when leaving National Forest land to prevent the spread of known noxious weeds to other lands. COR or Inspector may direct the contractor to avoid certain areas on Forest Roads where noxious weeds are known to be located. This work shall be considered incidental to all pay items.

PART II

DEFINITIONS

Road Maintenance, Apalachicola National Forest

TERM MEANING

Forest Service System Road – Any road, which is owned or maintained by the USDA Forest Service.

Roadway – The portion of road within the limits of excavation and embankment, including slope rounding.

Lead Off Ditches – Water ditches extending from the ends of culverts or from road ditches at approximately 90 deg., located at the low point in vertical alignment.

Wing Ditches – Water ditches extending from the road ditch to daylight at an angle and a ditch block provided (tech. exhibit).

Maintenance – Work required to perform tasks as stated in Section V and completed to the quality assurance requirements set forth in Section VII

Traveled Way – The defined limits of the roadway used for the movement of vehicles; from edge of fore slope to edge of fore slope (tech. exhibit).

Aggregate – Lime Rock as found naturally occurring in Florida and meeting the requirements of Florida Department of Transportation for road base and contains no flint.

Compaction – When “ALL” visible signs of deformation cease to exist behind compaction equipment.

Crown – Cross slope of 2-4%.

Pot Hole – Depressions in road surface greater than three (3) inches.

Rills – Erosion marks in the surface or fore slope, running from the crown toward the ditch; greater than three (3) inches wide or three (3) inches deep.

Rip Rap / Cobble – Naturally occurring or manufactured rock or recycled concrete meeting a specified size and strength for use in alleviating erosion problems.

Sand/Clay – Sand and Clay mixture found occurring naturally in Florida.

Asphalt – Fine aggregate, SC-1 Bituminous Cold Mix; for the purpose of this contract.

Ditch Block – Material placed in roadside ditch for the purpose of diverting water into wing ditch (tech exhibit).

Perk Basin – Extension of fore slope at low point in vertical alignment (tech. exhibit)

PART III

GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

Road Maintenance, Apalachicola National Forest

GOVT FURNISHED

PROPERTY/SERVICES/

DATA ETC.

TO BE FURNISHED TO

CONTRACTOR

Sand/Clay

(hauled by contractor) Actual quantities as needed per task order for each repair Clay pits on National Forest located @ various locations

per task order for each repair Clay pits on National Forest located @ various locations

PART IV

CONTRACTOR FURNISHED CRITICAL ITEMS /SERVICES

Road Maintenance, Apalachicola National Forest

All equipment proposed to be used for performance of the work, shall be of the size, type, and in such a condition to properly perform the quality and quantity of this contract. Equipment specifications and minimum requirements are as shown below.

5. Drag Drag shall be a chain link fence with weighted edges.

The Contractor's proposed equipment shall be made available to the Contracting Officer or his designated Representative for inspection prior to award of this contract. If at any time during the course of this contract any equipment is deemed unsatisfactory, the Contracting Officer will order removal and require a satisfactory replacement, at the contractor's expense, meeting the original specifications. Down time exceeding 20% of workdays in any one-month may deem the equipment unsatisfactory.

Any movement or transportation of equipment to or from the work area(s) required to perform the work, repair or replacement of equipment or for contractor's convenience shall be at the contractor's expense. Emergency moves requested by the Forest Service are covered under task 5.2.1.

PART V (OVERVIEW)

PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

5.0 ROAD MAINTENANCE

5.1 – BLADING and BLADE / COMPACT

The Contractor shall provide all equipment, labor, materials, tools and other incidentals required to remove ruts, rills, potholes, corrugations and berms. Compaction, on occasion, for the above task, may or may not be required on a regular basis. This task shall be completed to the quality assurance requirements set forth in Part VII.

5.2 – GENERAL ROAD REPAIR

The contractor shall provide all necessary equipment, labor, materials, tools and other incidentals required to perform repairs at various times and locations. A twenty-four (24) hour response time is required to effect repairs. This task shall be completed to the quality assurance requirements set forth in Part VII.

5.2.1 – Spot surface repair Sand/Clay

5.2.2 – Spot surface repair Aggregate

5.2.3 – Spot surface repair #5 Rock

5.3 –

EQUIPMENT RENTAL

5.3.2 - Equipment Rental This activity consist of performing non routine jobs with equipment suitable to complete the job. Specialty equipment may consist of a dozer, loader-back hoe, mixer and excavator. It will be the contractors responsibility to ensure that all safety regulations and proper signs are in place according to guidelines in the

“Manual on Uniform Traffic Control Devices”. This activity will only be done with prior written authorization from the COR/Inspector. Payment for Equipment Rental will be in accordance with the quality assurance standards/requirements set forth in Part VII.

5.4 – CLEAN and RESHAPE DITCHES The contractor shall provide all necessary equipment, labor, material, tools and other incidentals required to maintain all drainage structures to original location and grade. Road appurtenances SHALL not be damaged during this operation. This task SHALL be completed to the quality assurance requirements set forth in Part VII.

5.4.1 – Road ditches

5.4.2 – Wing ditches, lead off ditches and perculation basins (tech. exhibits)

PART V (DETAILED DESCRIPTION OF TASKS)

PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

Road Maintenance, Apalachicola National Forest

5.1 – Blading and Compacting

5.1.1 – Blading

Contractor shall provide all labor, equipment, supplies, services, permits, and licenses necessary to perform “ROAD MAINTENANCE WORK as described in the Schedule of Items. Work on this contract will be performed during the period date of contract award thru September 30, 2008 and subsequent option periods. All work will be performed on the Apalachicola National Forest. Individual tasks to be performed will be by individual written task orders against a requirements contract. This statement of work consists of completing the tasks in Part V to the quality assurance standards/requirements in Part VII.

5.1.2 – Compacting

Compaction equipment shall be of the pneumatic-tire type and loaded to the manufacturer's recommended operating weight. The roller may be self-propelled or pull type and shall have smooth tread tires of equal size that will provide a uniform compacting pressure for the full width of the roller and capable of exerting a ground pressure of at least 80 psi. Tire pressure shall be maintained at 80 psi +/- 2 psi . The contractor shall provide an air pressure gauge that is graduated in 2 psi increments. This pressure gauge shall be on the roller at all times and available for use by the COR or Inspector to check for uniform and minimum pressure requirements. At the contractors option a minimum six (6) ton vibratory steel wheel may be used for compaction.

The contractor shall compact all roads scheduled for compaction in accordance with the quality assurance requirements/standards in Part VII.

5.2 – General Road Repair

Contractor shall be paid for this task in accordance with quality assurance requirement/standards set forth in Part VII.

5.2.1 – Spot Surface Repair – Sand/Clay

Contractor shall provide all equipment, labor, tools and other incidentals required to perform repairs at various times and locations, as deemed necessary by the COR and/or the Inspector. A twenty-four (24) hour response time shall be required to effect repairs. Material will be provided by the government with various locations within the forest boundary. This task includes surface preparation, hauling, placement, spreading, compacting and finish blading of the material to provide a smooth and uniform riding surface within the traveled way. Material spilled onto the shoulders of into road side ditches during this operation shall be recovered and distributed within the travel way.

5.2.2 – Spot Surface Repair – Aggregate

Contractor shall provide all equipment, labor, tools, material and other incidentals required to perform repairs at various times and locations, as deemed necessary by the COR and/or the Inspector. A twenty-four (24) hour response time shall be required to effect repairs. This task includes surface preparation, hauling, placement, spreading, compacting and finish blading of the material to provide a smooth and uniform riding surface within the traveled way. Material spilled onto the shoulders or into road side ditches during this operation shall be recovered and distributed within the travel way.

5.2.3 – Spot Surface Repair/#5 Rock

Contractor shall provide all equipment, labor, tools, material and other incidentals required to perform repairs at various times and locations, as deemed necessary by the COR and/or the Inspector. A twenty-four (24) hour response time shall be required to effect repairs. This task includes surface preparation, hauling, placement, spreading and compacting of the material to provide a smooth and uniform riding surface within the traveled way. Material spilled onto the shoulders or into road side ditches during this operation shall be recovered and disposed of as per industry standards/guidelines

5.3 – Equipment Rental

5.3.2 – Equipment Rental

This activity consist of performing non routine jobs with equipment suitable to complete the job. Specialty equipment may consist of a dozer, loader-back hoe, mixer and excavator. It will be the contractors responsibility to ensure that all safety regulations and proper signs are in place according to guidelines in the “Manual on Uniform Traffic Control Devices”. This activity will only be done with prior written authorization from the COR/Inspector. Payment for Equipment Rental will be in accordance with the quality assurance requirements set forth in Part VII

5.4 – Clean and Re-Shape Ditches

Handwork required to properly connect ditch flow lines to drainage structure inlets is considered a part of this activity. Ditch maintenance may include road ditches, wing ditches and lead off ditches or a combination of the above as specified in the task order for the period. The contractor shall clean and re-shape ditches on all scheduled roads in accordance with the quality assurance requirements/standards in Part VII.

5.4.1 – Road Ditches

Surface blading shall be scheduled for the area in which ditch work is required. Blading and or blade/compacting shall be done after ditch work is completed. The contractor shall clean and re-shape road ditches on all scheduled roads in accordance with the quality assurance requirements/standards in Part VII.

5.4.2 – Wing Ditches and Lead-Off Ditches

The contractor shall clean and re-shape wing ditches and lead-off ditches on all scheduled roads in accordance with the quality assurance requirements/standards in Part VII. When this work is ordered, payment will be incidental to road side ditching, separate payment shall not be made unless task is ordered for above ditches only.

PART VI

GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Road Maintenance, Apalachicola National Forest

GOVT.PUBLICATIONS/

INDUSTRY STANDARDS/

STATE STANDARDS/

GOVT STANDARDS/

TECHNICAL EXHIBITS

TO BE FURNISHED TO

CONTRACTOR

Florida Department of Transportation Standard

Specifications

PART VII

QUALITY ASSURANCE STANDARDS/REQUIREMENTS

Road Maintenance, Apalachicola National Forest

Task/Critical

Subtask Quality

Standards

( 100% Compliance ) Accept-able

Quality Level

N/A Means of

Measurement Penalties

5.1 –

Blade&Blade/Compact no damage to drainage structures and road appurtenances see below

poor performance evaluation

5.1.1 – Blading

2-4% crown ensure proper drainage smooth surface; no ruts, pot holes, rills or wash boarding drainable, uniform riding surface; no berms or concentrations of grass and/or pine straw travel way perpetuated; existing travel way retained maintain fore slopes/ fill slopes; no erosion caused rills > 3 inches

poor performance evaluation

compaction completed after blading activity to capture existing moisture and/or prevent surfacing loss full width and length of traveled way compacted proper compaction equipment used

5.2 –

General Road Repair repairs performed within response time see below

5.2.1 –

Spot Surface – Sand/Clay suitable surface preparation hauled, placed, spread and compacted in uniform manner, provided for smooth and uniform travel way