Solicitation_AG-447U-S-13-0008.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-447U-S-13-0008

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/19/2013

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 447U 8. ADDRESS OFFER TO

USDA Forest Service R8, Acquisition Zone West (AZW) 100 W Capitol ST, STE 1141 Jackson, MS 39269

9. FOR INFORMATION

CALL:

A. NAME

Gemaa M. Pelch B. TELEPHONE NO. (Include area code) and EMAIL ADDRESS

(601)965-1671, gpelch02@fs.fed.us

SOLICITATION

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

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

Multiple Award Task Order Contracts (MATOC) for Construction, Ouachita National Forest and Ozark-St. Francis National Forest

Construction services under this procurement will be provided on an indefinite-delivery, indefinite-quantity (IDIQ) basis on the Ouachita and Ozark-St. Francis National Forests located in Arkansas and a portion of Oklahoma. Construction consists of, but is not limited to, building construction, bridges, roads, demolition, and sewer/water utilities as defined in Section B. Work includes new construction, renovations and design-build.

Multiple awards will be made as a result of the solicitation. Provided sufficient qualified contractors present offers, the Government anticipates award of approximately 20 awards. Award will be made to the offerors in each category (1) whose proposals are technically acceptable and (2) whose technical/cost relationship presents the best value to the Government.

At the time of the initial awards, two vendors will also receive a fixed-priced task order for the proto-typical projects. Award of the initial task orders are reserved for the contractors offering the lowest overall price among the successful offerors of solicitation.

OFFER DUE DATE IS MAY 20, 2013, 3:00 P.M. LOCAL TIME. SEE PAGE 21 FOR PROPOSAL SUBMISSION

INSTRUCTIONS.

Please see Notice of Proposed Task Order Request for Proposal 629071 and Notice of Proposed Task Order Request for Proposal 629185 for Site Visit Information of the proto-typical projects.

11. The Contractor shall begin performance within _10 calendar days and complete it within _*_ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See INDIVIDUAL TASK ORDERS.)

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

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

YES Performance and Payment Bonds are required IAW FAR 52.228-15. NO

112B. CALENDAR DAYS DAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 3:00 PM local time

__5/20/2013____. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than _60_ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. and FAX (Include area code):

EMAIL ADDRESS:

Offer shall include DUNS and TIN number here to be considered for award.

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

TIN: DUNS:

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT:

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

USDA-FS

P.O. Box 66527 St. Louis, MO 63166 fs.66527@stl.usda.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _3_ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

Ouachita National Forest and Ozark-St. Francis National Forest AG-447U-S-13-0008 MATOC FOR CONSTRUCTION Page 3 of 27

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1. LOCATIONS OF WORK

Offerors are invited to submit a proposal in response to our Request for Proposal (RFP) for a multiple award task order contract (MATOC) for construction for various locations on the Ouachita National Forest and the Ozark-St. Francis National Forest. Construction consists of, but is not limited to, TWO categories as defined below:

(1) Category 1, Buildings, includes but IS NOT limited to buildings, demolition, concrete foundation, structures, structural steel and precast concrete, framing, masonry, glass and glazing, roofing, siding, electrical, mechanical, plumbing, heating, air-conditioning, drywall and insulation, painting and wall covering, tile, finish carpentry, utilities (water, sewer, power), and all other specialty trade construction. Work includes new construction, renovations and design-build. These projects will be under the following NAICS codes: 236220, 237110, 237130, 238110, 238130, 238140, 238150, 238160, 238170, 238190, 238210, 238220, 238290, 238310, 238320, 238330, 238350, 238390, 238910, 238990.

(2) Category 2, Roads and Bridges, includes but IS NOT limited to highway, street, bridge and other heavy and civil engineering construction. Work includes new construction, renovations and design-build. These projects will be under the following NAICS codes: 237310 and 237990).

EACH OFFEROR SHALL IDENTIFY THE FOREST(S) AND TYPE OF WORK FOR WHICH THEY WISH TO BE CONSIDERED FOR AWARD. Contractors will be provided a fair opportunity to compete for task orders at only those locations AND types checked within the dollar range indicated below (See 2. Dollar Value of Projects), if awarded a contract.

CATEGORY 1

Facilities

CATEGORY 2

Roads & Bridges

Ouachita National Forest

Ozark-St. Francis National Forest

2. DOLLAR VALUE OF PROJECTS

The contractor must identify the dollar range of projects they are interested in receiving consideration for under the MATOC contract. Each contractor must check ONLY ONE of the ranges listed below. (This limitation may be due to business size or company bonding limitations)

DOLLAR VALUE

$2,000 - $100,000 $2,000 - $250,000 $2,000 - $500,000 $2,000 - $1 Million $2,000 - $2 Million

MATOC FOR CONSTRUCTION Page 4 of 27

3. ITEM DESCRIPTION, CONTRACT LINE ITEMS

EACH OFFEROR MUST SUBMIT A PROPOSAL FOR EACH CATEGORY OF CONSTRUCTION PROJECT FOR WHICH YOU WISH TO BE CONSIDERED FOR AWARD. To compete for Category 1 projects, see Notice of Proposed Task Order Request for Proposal 629185 referenced in Section J. To compete for Category 2 projects, see Notice of Proposed Task Order Request for Proposal 629071 referenced in Section J.

These projects are prototypical projects and are used for pricing purposes. Pricing of the projects will be used to evaluate the accuracy of the contractor's estimating system and, for the purposes of evaluating proposals, in order to make multiple awards. (See FAR 15.304(c)(1)).

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete construction projects the Ouachita National Forest and the Ozark-St. Francis National Forest. Construction consists of but is not limited to, facilities construction (both new and renovations), bridges, roads, demolition, sewer/water utilities, and limited design-build as defined in Section B.

The scope and applicable wage rates determinations will be defined with each individual task order issued.

Awards will be made to offerors whose proposals, conforming to the RFP, are determined to be most advantageous to the Government in terms of technical, price and other factors considered. Projects will normally be built from already completed designs. However, a design-build task order may occasionally be required.

At the time of the initial awards, two vendors will also receive a fixed-priced task order for the proto-typical projects. Award of the initial task orders are reserved for the contractors offering the lowest overall price among the successful offerors of solicitation.

AGAR 452.211-73 Attachments to Statements 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.

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

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

SECTION D--PACKAGING AND MARKING

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

MATOC FOR CONSTRUCTION Page 5 of 27

SECTION E--INSPECTION AND ACCEPTANCE

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

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

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

https://www.acquisition.gov/far/index.html

FAR 52.242-14 Suspension 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 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 calendar date or calendar days specified in each individual task order.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

Each contract will include a base period of one year and four option periods, not-to-exceed (NTE) one year each, for a total contract performance period NTE five (5) years. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period, if exercised. The expiration or termination of the ordering period shall not affect any order issued during the effective period of these contracts.

Performance Period: Base Period: July 1, 2013, through June 30, 2014 Option Period 1: July 1, 2014, through June 30, 2015 Option Period 2: July 1, 2015, through June 30, 2016 Option Period 3: July 1, 2016, through June 30, 2017 Option Period 4: July 1, 2017, through June 30, 2018

MATOC FOR CONSTRUCTION Page 6 of 27

AGAR 452.236-75 Maximum Workweek--Construction Schedule (Nov 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

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

The maximum workweek that will be approved will be identified with each individual task order.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 ORDER LIMITATIONS AND MINIMUM AND MAXIMUM CONTRACT AMOUNTS

FAR 52.216-19 ORDER LIMITATIONS (OCT 95)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, 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 $2,000,000 or;

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

(3) A series of orders from the same ordering office within 60 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 ten (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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 $2,000, but not in excess of $5,000,000, over the life of the contract.

The minimum order amount or guarantee of $2,000 might be met by award of a task order in an equivalent amount.

H.2 ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

H.2.1 REQUESTS FOR PROPOSALS. When the Government requires work under the MATOC, a Notice of Proposed Task Order Request for Proposal will be issued VIA EMAIL ONLY. Performance and payment bonds shall be required for Task Orders in accordance with PERFORMANCE AND PAYMENT BONDS and ALTERNATIVE PAYMENT PROTECTIONS FOR CONSTRUCTION CONTRACTS clauses.

H.2.2 COMPETITION. Task Orders will be awarded based on Fair Opportunity, FAR 16.505(b)(1). Awardees will compete for projects among themselves. Under the MATOC contracts, the Government reserves the right to accept other than the lowest priced offer. The right is also reserved to reject any and all offers. The basis of award will be a conforming

MATOC FOR CONSTRUCTION Page 7 of 27 offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it must be sufficiently more advantageous than the lowest offer to justify the payment of additional amounts.

H.2.3 COMPETING FOR A TASK ORDER. The Contracting Officer will provide that each awardee receive a fair opportunity to be considered for each order. It is expected that MATOC contractors will submit proposals for all RFP notices received. In the event a Contractor is unable to submit an offer in response to an RFP notice, the Contractor shall notify the Contracting Officer electronically via email. Failure to respond or compete for projects may be considered failure to make progress or perform and will be a consideration for option year renewal.

H.2.4 SITE VISITS. Offeror's attendance at walk-throughs (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the Government. In MOST cases, walk-throughs will be determined mandatory in order for a contractor to submit a proposal. Such requirement shall be stated in the RFP notice. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-throughs or other pre-task order costs.

H.2.5 PROPOSAL CONTENTS. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFP notice. Contractors shall respond within the number of calendar days stated in the RFP notice by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP notice. Some task orders may require the submission of a technical proposal. If required, this will be spelled out in the RFP notice.

H.2.6 CONTRACT PRICES-SCHEDULE OF ITEMS. The Government's payment for the items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor for- (1) Furnishing all plant, labor, equipment, services, materials and expertise; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

H.2.7 EVALUATION METHOD AND PROCEDURES. The primary technical and price criteria will vary depending on the unique requirements for each task order. The Contracting Officer may develop evaluation criteria which reflect the instant requirement and contracting environment. Examples of these criteria are past performance on prior task orders under the MATOC contract, which includes quality and timeliness, special expertise or other factors the Contracting Officer determines are relevant to award of a particular task order and the unit’s status of achieving small business goals/targets.

In making decisions in award of any individual task order, the Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFP notice will describe the criteria to be utilized in evaluating task order proposals.

H.2.8 DISCREPANCIES IN THE EVALUATION OF OFFERS SUBMITTED IN RESPONSE TO RFP NOTICES FOR

INDIVIDUAL TASK ORDERS.

a. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

c. These correction procedures shall not be used to resolve any ambiguity concerning which price is low.

H.2.9 EVALUATION OF OPTIONS (FAR 52.217-5) (JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for the purpose of awarding task orders by adding the total price for all optional line items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the optional line items.

H.2.10 AWARD DECISION. Whenever possible, award will be made without discussions. If discussions are required, each MATOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. Task Order award will be made based on either the best value to the Government or the lowest price, technically acceptable proposal as described in the RFP notice. The awarded Task Order

MATOC FOR CONSTRUCTION Page 8 of 27 will be firm fixed-price with a specific number of calendar days. When optional line items are included in the Schedule, the Task Order will specify the number of days after award for exercising the Options.

H.2.11 TASK ORDER ISSUANCE. Task Orders will be issued on Form 347 and will be submitted by mail, facsimile or electronic commerce; however, the preferred method will be use of email. The Task Order becomes binding when the Contracting Officer signs the order. A Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds. Appropriate proof of Insurance must be in place before work commences. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

H.2.12 PROTESTS. In accordance with FAR 16.505(a)(7), no protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

H.2.13 OMBUDSMAN. If the Contractor believes it was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman, who is the Head of the Contracting Activity. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

H.2.14 PLANS AND SPECIFICATIONS. The Contractor will be provided an electronic copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issuance of each Task Order.

All further reproduction shall be at the Contractor's expense. The Government may provide these as hard copy or as electronic media, such as email or CD ROM, at its option.

H.3 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

In the event it becomes necessary to negotiate with one firm on a sole-source basis, the following procedures shall be used in accordance with FAR 16.505(b)(2):

H.3.1 CIRCUMSTANCES PERMITTING SOLE SOURCE ORDERS. All MATOC Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:

a. An urgent need exists, and seeking competition would result in unacceptable delay

b. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized

c. A sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed (e.g.

site adapt a competed design)

d. To satisfy contract minimum award obligations.

H.3.2 PROCEDURES FOR 100% DESIGNED PROJECTS. An RFP notice will be issued requiring a contractor response consisting of a detailed cost proposal. Task Order negotiations may be conducted if required.

H.4 GENERAL WAGE DECISIONS.

Applicable Davis-Bacon wage rates will be identified for all task orders issued under this contract.

H.5 AVAILABILITY OF FUNDS.

The Government may request proposals for which funding is not currently available for the award. If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available after the expiration of the proposal acceptance period, the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project. If the proposal acceptance period is not extended by the contractor, the project may be re-solicited.

MATOC FOR CONSTRUCTION Page 9 of 27

SECTION I--CONTRACT CLAUSES

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

https://www.acquisition.gov/far/index.html

52.202-1 Definitions (JAN 2012 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2012) 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 (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-7 Central Contractor Registration (AUG 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (DEC 2010) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (FEB 2012) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records—Negotiation (OCT 2010) 52.217-8 Option to Extend Services. (NOV 1999) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (Dev. Jan 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

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52.223-6 Drug-Free Workplace (MAY 2001) 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance—Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) (Applicable if contract is over $30,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996)

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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)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicants, Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it-

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

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

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through five years from date of contract award.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-22 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 five years from date of contract award.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days 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.

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

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

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

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

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

(2) Submit this estimate to the Contracting Officer of the awarded task order.

FAR 52.223-11 Ozone-Depleting Substances. (MAY 2001)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

WARNING

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

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

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

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled

MATOC FOR CONSTRUCTION Page 13 of 27 from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

none.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure

Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-1 Bid Guarantee (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

AGAR 452.228-71 Insurance Coverage (Nov 1996)

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

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

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

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

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

FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract.