0Solicitation08-0007.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 25 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER

AG-435H-S-08-0007

NEGOTIATED (RFP)

12/20/2007

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA Forest Service Chattahoochee-Oconee National Forests 1755 Cleveland Hwy., Gainesville, GA. 30501

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

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in See block 7 until 4:00 PM local time Jan 23, 2008

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: Marcia O’Connor 770-297-3055 moconnor@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM

I CONTRACT CLAUSES 10-17

B SUPPLIES OR SERVICES AND PRICES/COSTS 2-3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 4-6 J LIST OF ATTACHMENTS 18

D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 7 K REPRESENTATIONS, CERTIFICATIONS AND

F DELIVERIES OR PERFORMANCE 7

OTHER STATEMENTS OF OFFERORS

19-21

G CONTRACT ADMINISTRATION DATA 8-9 L INSTRS., CONDS., AND NOTICES TO OFFERORS 22-23

H SPECIAL CONTRACT REQUIREMENTS 9 M EVALUATION FACTORS FOR AWARD 24-25

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A.

NAME AND

ADDRESS

OF OFFEROR

OFFER (Type or Print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER 15B. TELEPHONE NO. (Include area code and extension)

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

AG-435H-S-08-0007

Chattahoochee-Oconee NF OHV Trail Maintenance IDIQ

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

IMPORTANT: See Section L for pre-proposal conference schedule and instructions on other information required to be submitted with your offer.

ITEM A - Initial Task Order. Enter a lump sum price for Maintenance of Whissenhunt OHV Trail based on the scope of work provided. Price is for maintenance only of entire trail. Before task order is issued, special features or reconstructed portions will be specified and final price will be competed among all contract awardees as described in section G.

Maintenance of Whissenhunt OHV Trail – Blue Ridge Ranger District $_______________

Contractor shall perform trail maintenance in the Whissenhunt ORV trail systems on the Blue Ridge Ranger District in Lumpkin County, Georgia, in accordance with contract specifications. The entire Whissenhunt trail system is 11.0 miles long and includes approximately 175 drainage dips. The work will consist of (1) blading existing trails, (2) reshaping existing drainage dips, (3) closing “outlaw trails” using earth berms and other methods as described below, and (4) seeding and mulching disturbed areas outside of the travelway.

There are 3 trail widths within Whissenhunt trail system. Trails 192D, 192N and segments of 192 and 192G are old road beds with trail widths between 96-120 inches. Trails 192L and 192M are single-track trails with widths of 24 inches.

Performance time for this project is 100 calendar days after effective date of notice to proceed with work.

Wage Rate Determination No. 1974-1218 (Rev. 31) applies to this task order and is included as an attachment.

A map of the Whissenhunt Trail System is included as an attachment and is also available on the Forest website at http://www.fs.fed.us/conf/rec/ohv/index.htm .

ITEM B – Enter the types and sizes of equipment you have available for trail work on an hourly basis.

Enter an hourly price for operation of each piece equipment, including the operator.

Hourly Equipment Rental prices for work on an average trail in average condition

Equipment Type Model Offered Hourly Rates

Conasauga Blue Ridge Chattooga River District District District

Example: Dozer Example: CAT D6 $ XX.XX $ XX.XX $ XX.XX

Rates may be offered for any or all equipment and/or locations. Minimum order of equipment rental services will be $3,000. Cost of initial mobilization will be negotiated prior to issuing each task order base on type of equipment ordered, location of work, and expected duration of work.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $50,000 but not in excess of $1,000,000.

The guaranteed minimum amount for each firm’s contract shall be $5,000. Should an IDIQ contractor be unable to competitively secure a task order to meet the minimum guarantee, the Government reserves the right to negotiate a task order with only that offeror in order to meet the guarantee.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The Chattahoochee National Forest has a need for contractors to perform trail maintenance and reconstruction work on Forest Service OHV trails. Multiple awards are expected to result from this solicitation. Task orders will be placed throughout the contract period. Orders issued by the Government will detail the location of the work, the type and quantity of work, and the time for performance. The type of work may vary by task order. The Government anticipates placing orders totaling a minimum of $50,000 over the life of the contract or contracts. See Section G for further information on the process to be used to issue task orders.

The Contractor(s) shall furnish all labor, supervision, equipment and materials to perform all operations necessary to accomplish the work in accordance with the Solicitation Provisions, Contract Clauses, Statement of Work, and task orders issued as a result of this solicitation.

This contract may require equipment rental with an operator on an hourly basis. This would include furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals to perform tasks as identified on task order.

Much of the work under this contract is considered service work and the Service Contract Act wage determination and service contracting and payment procedures will apply to those orders. Some task orders may be considered construction work and Davis-Bacon Act, bonding, and construction payment procedures shall apply to those task orders.

All equipment proposed for use for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. The contractor’s proposed equipment shall be made available to the Contracting Officer for inspection prior to award of the contract if requested by the Contracting Officer. If at any time during the course of the contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement at Contractor’s expense.

Any movement or transportation of equipment to or from the work areas required to pursue the work, repair or replace, or for the Contractor’s convenience shall be at the Contractor’s expense.

PROJECT LOCATION

The work is to be performed at various locations within the boundaries of the Chattahoochee National Forest. The Conasauga Ranger District includes Chattooga, Floyd, Walker, Whitfield, Gordon, Murray, Fannin, and Gilmer Counties, Georgia. The Blue Ridge Ranger District includes Fannin, Gilmer, Lumpkin, Towns, and Union Counties, Georgia. The Chattooga River Ranger District includes Lumpkin, White, Towns, Habersham, Rabun, and Stephens Counties, Georgia.

For information and maps of the individual trails, visit the Forest OHV website at http://www.fs.fed.us/conf/rec/ohv/index.htm

A. Trails planned for maintenance in FY2008 – task order mileage may vary

1. Conasauga OHV Trail Complex - Conasauga District Houston Valley 21.05 miles Rock Creek 4.67 miles TOTAL 25.72 miles

2. Beasley Knob OHV Trails – Blue Ridge District 10.57 miles

3. Whissenhunt OHV Trail - Blue Ridge District 11.00 miles

4. Locust Stake OHV Trail - Chattooga River District 9.09 miles

5. Frady Branch (non-motorized) Trail Chattooga River District 11.61 miles

B. Future contract years may include: (task order mileage may vary)

1. Oakey Mountain/Moates Knob ORV Trail – Chattooga Ranger District 9.2 miles

2. Jake/Bull Mountain Trail System (Non –Motorized) –

Blue Ridge Ranger District 36.64 miles

3. Davenport Mountain OHV Trail – Blue Ridge Ranger District 6.37 miles

4. Rocky Flats, Milma Creek, Tibbs, Tatum Lead Trails – Conasauga Ranger District 16.72 miles

TECHNICAL SPECIFICATIONS

Specifications are included by reference. The requirements contained in these specifications are hereby made part of this solicitation and any resultant contract. Applicable sections for work performed under this contract are included as an attachment to this contract. Individual Task Orders Requests will include specific requirements, additions and exceptions for that order.

Sections applicable to all work: 901 through 907 Sections applicable to trail construction (when included on task order): 908 through 955 Sections applicable to trail maintenance: 981 through 991 Drawings applicable to all work:

Drawing 911-1 Clearing Limits Drawing 912-1 Typical Trail Cross Section Drawing 912-5 Rolling Dip

In addition to the above referenced Standard Specifications the following specifications apply to maintenance orders issued under this contract:

(1) Blading Trails – Blading operations shall be conducted as required to remove ruts, potholes, and corrugations, and to outslope berms. All suitable dislodged material shall be smoothly redistributed over the entire traveled way and firmly packed. The trail bed shall be outsloped ¾ of an inch to 1¼ inches per foot of width. The trail bed shall be firm, smooth, and finished to the width as shown in Drawing 912-1 for all trail sections designated for rock and root removal, slough and berm removal, and fill material placement.

Assure proper surface drainage following this operation. No undercutting of trail surface at shoulder line or material berms will be allowed unless designated by the COR.

Rocks and roots protruding 3 inches or more above graded surface shall be removed from the traveled way. It is permissible to waste rocks over the trail shoulder edge away from drainage ditches.

All traveled way widths shall be perpetuated as existing. The existing widths are not to be exceeded. Dips and swales within the traveled way designed to control surface drainage shall be maintained.

Upon completion of this activity, the trail bed is firm, smooth, and finished to a width not exceeding existing widths without berms or undercutting at shoulders. No roots or rocks are protruding 3 inches or more from the graded surface.

(2) Closing Trails - Outlaw trails will be closed by using earth berms where practical. When not practical, trails will be closed by using rocks, brush, logs, or any other material along the trail that can be used to block it. This shall be done for a distance of 100 feet and to the satisfaction of the engineer.

When this activity is completed, closed trails are no longer accessible by OHVs.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under each task order issued under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the performance period specified on individual task orders. The time stated for completion shall include final cleanup of the premises.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from award through December 31, 2008. If options are exercised, the effective period will be:

Option Period I January 1, 2009 through December 31, 2009 Option Period II January 1, 2010 through December 31, 2010 Option Period III January 1, 2011 through December 31, 2011 Option Period IV January 1, 2012 through December 31, 2012

SECTION G--CONTRACT ADMINISTRATION DATA

TASK ORDER PROCESS UNDER MULTIPLE AWARD CONTRACTS

TASK ORDER COMPETITION

When the need for a task order arises, each awardee will be given a fair opportunity to be considered for the order. Tasks will be solicited and awarded competitively among the IDIQ Contractors. The pricing methods for each task will typically be lowest price received. The contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. If necessary, the Government reserves the right to make awards outside of this solicitation in order to meet procurement preference goals.

The Contracting Officer will consider the following when selecting awardee for a task order:

Task Orders will be evaluated on (1) price (2) ability of the contractor to complete the task within the timeframe needed, including status of other contracts outstanding at the time of the task order, and (3) past performance on earlier tasks. The relative importance of the criteria will vary according to task order.

The contracting officer will give every awardee a fair opportunity to be considered for a task-order exceeding $3,000 unless one of the following exceptions applies:

(i) The need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

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

(iii) It is necessary to place an order to satisfy a minimum guarantee.

TASK ANNOUNCEMENT

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

1) The CO will notify the Contractor(s) of a requirement under the contract.

2) When offered a task order, contractors must respond to the contracting officer with their price and ability to accept and complete the task order. Offers will be due within 14 calendar days of the request, or other period stated on the task order request.

Contractors shall submit a price breakdown to the CO in response to the task. The Contractor(s) price breakdown shall address all items listed on the task order. Tasks awarded under this contract will be Firm-Fixed Price (FFP) task orders. The Government will not reimburse task order preparation costs.

3) The CO will issue a task order to the Contractor whose proposal represents the best value to the Government.

PAYMENTS

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

GOVERNMENT-FURNISHED PROPERTY

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Task Orders for equipment rental are subject to the following clauses included by reference. The full text may be accessed electronically at http://www.arnet.gov/far/loadmainre.html and http://www.usda.gov/procurement/policy/agar.html:

52.246-6 Inspection – Time-and-Material Labor-Hour (May 2001)

52.216-29 Time-and-Material / Labor-Hour Proposal Requirements – Non-Commercial with Adequate Price Competition (Feb 2007)

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (Feb 2007)

452.237-70 Loss, Damage, Destruction or Repair (Feb 1988)

Special notes:

In the clauses, references to “labor” and “employees” shall be understood to mean “equipment”.

The terms of clause 52.232-7 that govern reimbursement for materials furnished are considered to have been deleted. The hourly rate shall include materials, other direct costs, and indirect costs.

No separate payment will be made for these items for equipment operation. A separate line item for equipment mobilization/transport will be negotiated prior to issuing each task order.

Each task order will include a ceiling price above which the Government will not be obligated to pay, except in accordance with paragraph (e) of 52.232-7.

Vouchers for payment (invoices) shall be substantiated by attaching or referencing the individual equipment shift tickets.

PART II--CONTRACT CLAUSES

SECTION I--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 this/these address(es):

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year or Options)

(May 1989) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.227-1 Authorization and Consent (JUL 1995) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984)

OHV Trail Maintenance IDIQ

52.232-11 Extras (APR 1984) 52.232-17 Interest (JUN 1996) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2003) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (JUL 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 means the 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.

OHV Trail Maintenance IDIQ

“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 name.

(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.

OHV Trail Maintenance IDIQ

(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;

(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.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through December 31, 2008, for the basic period, and for dates specified upon issuance of the options for the remaining contract option periods.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(c) If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, 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 $100,000; 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 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days after the current period expiries, 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.

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR

FEES (DEC 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices

OHV Trail Maintenance IDIQ to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order;

or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N- 5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

Equipment Operator ____$15.21_

Laborer _____$9.78_

FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

(Applies to Task Orders where construction work is estimated to exceed $25,000)

(a) The Contractor shall submit one of the following payment protections

(1) A Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(3) Certificates of Deposit

(4) Certified or Cashier’s Checks, Bank Drafts, Money Orders, or Currency

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of task order award.

OHV Trail Maintenance IDIQ

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Attachment No. Title

1 Wage Determination No. 1974-1218 3 pages (Rev. 31, 10/19/2007)

2 Experience and Business Questionnaire 4 pages

3 Forest-wide OHV Trail Map 1 page

4 Whissenhunt Trail Maps 2 page

5 Specifications 17 pages

6 Drawings 3 pages

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All --NAICS Code 115310 --Size Standard $6.5 million

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $6.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION. (JUNE 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the…