AG-447U-S-13-0056.pdf

AG-447U-S-13-0056 9/11/13

Gemaa Pelch gpelch02@fs.fed.us 10/10/13

(601)965-1671 3:00 PM

447U x 100 USDA Forest Service x Region 8, Acquisition Zone West 200 S Lamar ST, STE 500-N 561720 Jackson, MS 39201 $16.5 m.

x x 447U See Block 9

CSC-FS

USDA-FS

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

, EMAIL & FAX:

x

Performance Based Service Contract (PBSC) for Road Maintenance See Attached on the Schedule

Kisatchie National Forest x 2

Kisatchie National Forest AG-447U-S-13-0056 PBSC for Road Maintenance Page 2 of 64

SCHEDULE OF ITEMS

PBSC for Road Maintenance on the Kisatchie National Forest

Catahoula Ranger District

Pay Item Description

Estimated Quantity

Pay Unit

Unit Price Base

Period

Unit Price Option Period 1

Unit Price Option Period 2

Unit Price Option Period 3

109(01) Blading Aggregate Surfaced Roads 420 Mile

113(01) Spot Surface Repair, Crushed Aggregate 430 Ton

113(02)

Aggregate, WINN ROCK 50 Ton

113(03) Spot Surface Repair, Washed Gravel 100 CY

113(04) Spot Surface Repair, Pit Run Aggregate 600 CY

113(05) Spot Surface Repair, Pit Run (Sand, Clay and Gravel Mix), Contractor Furnished

1100 CY

301(01) Clean and Reshape Ditches 1 Mile

307(01) Cleaning of Cattleguards 1 Each

401(01) Routine Mowing 5 Mile

401(02) Reclamation Mowing 100 Mile

401(03) Heavy Brushing 1 Mile

401(04) Mowing, Railroad Crossings 4 Acre

401(05) Limb Trimming 1 Mile

408(01) Seed and Fertilize 1 Acre

415(02) Machine Placed Riprap Class III 50 Ton

415(01) Machine Placed Riprap, WINN ROCK 25 Ton

504(01) Hazard Tree Removal (Less than 16" diameter) 10 Each

504(02) Hazard Tree Removal (16" diameter and greater) 10 Each

710(01) Sign Installation and Replacement 50 Each

807(01) Equipment Rental - Backhoe 8 Hour

807(02) Equipment Rental - Dump Truck 8 Hour

807(03) Equipment Rental - Dozer 8 Hour

807(04) Equipment Rental - Grader 8 Hour

807(05) Equipment Rental - Trackhoe 8 Hour

PBSC for Road Maintenance Page 3 of 64

Calcasieu Ranger District (Evangeline Unit)

Item Description

Estimated Quantity

Pay Unit

Unit Price Base Period

Unit Price Option Period 1

Unit Price Option Period 2

Unit Price Option

109(01) Blading Aggregate Surfaced Roads 420 Mile

Aggregate 100 Ton

Aggregate, WINN ROCK 25 Ton

113(03) Spot Surface Repair, Washed Gravel 50 CY

Clay and Gravel Mix), Contractor

1050 CY

113(06) Recycled Portland Cement Concrete 50 CY

401(01) Routine Mowing 25 Mile

401(02) Reclamation Mowing 100 Mile

415(01) Machine Placed Riprap Class III 25 Ton

415(02) Machine Placed Riprap, WINN ROCK 25 Ton

Hazard Tree Removal (Less than 16" diameter) 10 Each

710(01) Sign Installation and Replacement 25 Each

Estimated quantities are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

PBSC for Road Maintenance Page 4 of 64

Calcasieu Ranger District (Vernon Unit)

Item Description

Estimated Quantity

Pay Unit

Unit Price Base

Period

Unit Price Option Period 1

Unit Price Option Period 2

Unit Price Option

109(01) Blading Aggregate Surfaced Roads 180 Mile

Aggregate 25 Ton

113(03) Spot Surface Repair, Washed Gravel 25 CY

Aggregate 100 CY

Clay and Gravel Mix), Contractor

625 CY

401(01) Routine Mowing 1 Mile

401(02) Reclamation Mowing 50 Mile

Estimated quantities are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and

PBSC for Road Maintenance Page 5 of 64

Kisatchie Ranger District

Item Description

Estimated Quantity

Pay Unit

Unit Price Base

Period

Unit Price Option Period 1

Unit Price Option Period 2

Unit Price Option

109(01) Blading Aggregate Surfaced Roads 445 Mile

Aggregate 330 Ton

Aggregate 25 CY

Clay and Gravel Mix), Contractor

830 CY

401(02) Reclamation Mowing 110 Mile

415(02) Machine Placed Riprap, WINN ROCK 25 Ton

Estimated quantities are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and

PBSC for Road Maintenance Page 6 of 64

Winn Ranger District

Item Description

Estimated Quantity

Pay Unit

Unit Price Base

Period

Unit Price Option Period 1

Unit Price Option Period 2

Unit Price Option

109(01) Blading Aggregate Surfaced Roads 580 Mile

Aggregate 775 Ton

Aggregate, WINN ROCK 50 Ton

Aggregate 25 CY

Clay and Gravel Mix), Contractor

1050 CY

401(02) Reclamation Mowing 170 Mile

401(04) Mowing, Railroad Crossings 3 Acre

Estimated quantities are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and

PBSC for Road Maintenance Page 7 of 64

Caney Ranger District

Item Description

Estimated Quantity

Pay Unit

Unit Price Base

Period

Unit Price Option Period 1

Unit Price Option Period 2

Unit Price Option Period 2

109(01) Blading Aggregate Surfaced Roads 175 Mile

Aggregate 550 Ton

Clay and Gravel Mix), Contractor

285 CY

401(02) Reclamation Mowing 45 Mile

415(02) Machine Placed Riprap, WINN ROCK 25 Ton

710(01) Sign Installation and Replacement 15 Each

Estimated quantities are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and

PBSC for Road Maintenance Page 8 of 64

GENERAL INFORMATION

OFFERORS SHALL BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (www.sam.gov) AND SHALL ENTER THEIR REPRESENTATIONS AND CERTIFICATIONS ONLINE IN ORDER TO BE ELIGIBLE TO

RECEIVE AN AWARD.

OFFERS THAT DO NOT INCLUDE A TECHNICAL AND BUSINESS PROPOSAL WILL NOT BE CONSIDERED FOR AWARD. Refer to AGAR 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (SEP 1999), Page 45.

SCOPE

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete road maintenance on National Forest roads within the Kisatchie National Forest, in accordance with the performance work statement (PWS), exhibits, and industry standards.

This is a Request for Proposals which will result in a firm-fixed price, performance-based, requirements contract for a basic period of performance from date of award through December 31, 2013, plus three (3), one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised.

This project is set-aside 100% for small businesses. Award will be made based on the best value to the government and can be made on initial offers. Multiple awards will be made as a result of the solicitation. The government anticipates making award to one offeror per District/Area.

SITE VISIT

An organized site visit is not scheduled. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

CONTRACT CLAUSES

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

(AUG 2013)

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

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

Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

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

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

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)

(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(Jul 2013) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (Jul 2013) (15 U.S.C. 637(m)).

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

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

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

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

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

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

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

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

_X_ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O.

13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

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

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

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

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

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

__ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and

10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

251 note)).

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

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

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements

(Feb 2009) (41 U.S.C. 351, et seq.).

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

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

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

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

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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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.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price, requirements contract for a basic period of performance from date of award, through December 31, 2013, plus three (3), one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Periods, if exercised.

Period of Performance

Base Period - Date of Award through December 31, 2013 Option Period 1 - January 1, 2014, through December 31, 2014 Option Period 2 - January 1, 2015, through December 31, 2015 Option Period 2 - January 1, 2016, through December 31, 2016

FAR 52.216-18 ORDERING (OCT 95)

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

(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.

AUTHORIZED ORDERING OFFICIALS

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

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 $2,500.00, 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 $300,000.00 or;

(2) Any order for a combination of items in excess of $300,000.00 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.

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(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.

FAR 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2016.

Estimated quantities in the schedule are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

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 $2,500.00, but not in excess of $1,000,000.00, over the life of the contract.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

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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 60 Days; provided that the Government shall give 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. .

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

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens.

The Immigration and Naturalization Service (INS), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to:

1. Have all employees complete and sign the I-9 Form to certify that they are eligible for employment;

2. Examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual;

3. Record information about the documents on the form, and complete the certification portion of the form;

4. Retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

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

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

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local United States Citizen and Immigration Services office.

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.

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FAR 52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $300,000.00, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 24 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

All equipment will be inspected before and after use, by the Contracting Officer’s Representative. Inspections will be recorded on the Vehicle/Heavy Equipment Checklist, Form 296, and signed by the parties.

AGAR 452.237-74 - Key Personnel (FEB 1988)

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

Contractor’s Representative

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Key personnel designated by the contractor shall have the ability to speak English and communicate with crew members.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

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

FAR 52.204-7 System for Award Management (JUL 2013)

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FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012) FAR 52.236-7 Permits and Responsibilities. (NOV 1991) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response. (NOV 1996) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.244-6 Subcontracts for Commercial Items (JUL 2013) FAR 52.245-1 Government Property (APR 2012)

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DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Performance Based Service Contract (PBSC) for Road Maintenance

SECTION 1 - GENERAL

1.1 SCOPE OF CONTRACT

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete road maintenance on National Forest roads within the Kisatchie National Forest, in accordance with the performance work statement (PWS), exhibits, and industry standards.

Maps showing road locations may be obtained at the following office:

2500 Shreveport HWY Pineville, LA 71360

Roads which may be designated to receive maintenance under this contract are limited to: (1) Roads under Forest Service jurisdiction and (2) Roads under other local jurisdiction that are designated for Forest Service maintenance under a cooperative agreement. Work to be performed under this contract is comprised of Grading Aggregate Surfaced Roads, Spot Surface Repair, Cleaning and Reshaping Ditches, Cleaning Cattleguards, Roadside Mowing, Seeding and Fertilizing, Machine Placing Riprap, Replacing and Installing Signs and Equipment Rental.

PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT: Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

EQUIPMENT CLEANING – INVASIVE SPECIES OF CONCERN

(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract or any subsequent task order.

(i) Prior to commencing work on a project, the contractor shall advise the Forest Service of previous equipment cleaning measures and make equipment available for inspection upon request. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2 day period, the contractor may proceed with work as directed by the CO

(ii) If the contractor desires to clean equipment on National Forest land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from Contracting Officer as to the location for such cleaning and measures, if any, for controlling impacts.

(b) The Forest Supervisor’s Office maintains a current list and maps of areas known by the Forest Service that are infested with invasive species of concern and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

1.2 PERSONNEL

1.2.1 Contractor Representative. The contractor shall designate a representative in accordance with AGAR 452.237-74 - Key Personnel (FEB 1988), included of this contract. The name of this person shall be designated in writing and provided to the Contracting Officer.

1.2.1.1 Authority. The contractor representative shall have authority to act for the contractor on all contract matters relating to daily operation of this contract.

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1.2.1.2 Response Time. The contractor representative shall be available during normal duty hours within 2 days to meet at the site of work with Government personnel designated by the Contracting Officer to discuss and resolve performance issues. After normal duty hours the representative shall be available within 4 hours in case of emergency.

1.2.1.3 Communication. Key personnel designated by the contractor shall have the ability to speak English and communicate with crew members.

1.2.2 PUBLIC SAFETY AND TRAFFIC CONTROL

1.2.2.1 The contractor shall exercise caution and care while pursuing the work in order to prevent unnecessary conflict with road users.

Warning signs shall be posted on each end of work areas or zones. Signs shall be of the size, quantity and colors as required by the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). Copies of the MUTCD may be viewed at The Supervisors Office located at 2500 Shreveport Hwy, Pineville La. 71360. These signs shall be moved as needed to properly delineate and identify the sections of roads being maintained. In no case shall the signs be farther than 1/2 mile from the equipment operating on the road, or 500 feet from operations alongside the road (i.e. one mile separation of the beginning and ending signs protecting a grader operation and 1,000-foot separation of the beginning and ending signs protecting a culvert cleaning operation or other “point” operation. EXCEPTION: If the road is closed by locked gates on all access points, then signage is not required.

All personnel working on this contract, including equipment operators, shall wear an ANSI approved Class II reflective vest.

1.2.3 ACCESS Contractor will have access to all Forest Service system roads (open or closed) necessary for accomplishing the work required by this contract. Forest roads may be gated. The Contractor shall have access through these gates through coordination with the Government. Contractor shall be responsible for ensuring for gate security during contract operations.

1.3 QUALITY CONTROL

1.3.1 Quality Control Plan The contractor shall establish and maintain a Quality Control Program to ensure the requirements of the contract are achieved. One copy of the contractor's Quality Control Plan shall be provided to the Contracting Officer or their designated representative prior to the start of contract work.

1.3.2 Plan Content

1.3.2.1 Inspection System. An inspection system must cover all the services listed on the Performance Requirements Summary (PRS). It must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspection. The inspection system must provide for a written record of inspections and results.

1.3.2.2 Methods. The methods for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

1.3.2.3. Records. The contractor shall maintain on-site records of all inspections and necessary corrective action taken. This documentation shall be furnished to the project inspector weekly, or when requested by the Contracting Officer during the term of the contract.

1.3.3 Government Review. The Government will review the Contractor’s Quality Control Plan to determine if it is adequate within 10 calendar days of submission. If the plan is found to be adequate, the Government will authorize the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and submit a corrected Contractor Quality Control Plan within ten working days or contract start date, whichever is sooner. Non-conforming work identified through Government quality assurance inspections will serve as an indicator that the contractor’s quality control system is inadequate.

1.4 – QUALITY ASSURANCE.

1.4.1 Contracting Officer’s Representative (COR). The Contracting Officer’s Representatives (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by

PBSC for Road Maintenance Page 19 of 64 the contractor and approved by the government. The COR/Inspector, if the latter is assigned to the project, will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the performance work statement. The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

1.4.2 Project Inspector. A Project Inspector may be appointed to monitor contractor performance and may accept or reject the services. When an observation indicates defective performance, the inspector will request the contractor's representative to confirm defective work and perform corrective work when required.

1.4.3 Performance Evaluation Meetings. The contractor’s representative and/or project manager may be required to meet weekly with the COR during the first month of the contract. Meetings will be as often as needed as determined by the Contracting Officer.

However, a meeting will be held whenever a Work Order and Notice of Noncompliance is issued, if requested by the Contractor. The meetings will focus on contractor performance and actual or potential problems. A mutual good faith effort will be made to resolve all issues. The written minutes of these meetings shall be signed by the parties to the discussion. Should the contractor not concur with the minutes, the contractor shall so state any areas of nonconcurrence in writing to the Contracting Officer within seven work days of receipt of the minutes.

1.4.4 Contractor Notification Responsibilities. All task orders issued will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion. To facilitate timely inspections, the contractor shall provide the Government of their proposed weekly operation schedule. The contractor shall notify the Government of schedule changes.

1.5 HOURS OF WORK. All work shall be performed during the time period of one-half hour after sunrise to one-half hour before sunset, Monday through Friday, unless time changes are approved by the COR or Inspector. Work on federal holidays requires two weeks prior written approval from the COR.

PERFORMANCE TIME: All task orders issued will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion. To facilitate timely inspections, the contractor shall provide the Government of their proposed operation schedule. The contractor shall notify the Government of schedule changes.

1.6 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS.

1.6.1 The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or…