RFQ_body.docx

SECTION B —

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SECTION B NOTES:

1. The offeror’s prices for pay items should include all applicable overhead, profit and all burden costs such as, insurance, support costs, compliance with environmental laws, taxes, and protection of government property. If the work will be sub-contracted the price proposed should be inclusive of all costs involved with subcontracting the work.

2. All items on the schedule of items are to be completed and submitted as the offeror’s cost quote. Failure to submit a completed schedule will result in the offeror’s entire quotation package being considered non-responsive and will not be evaluated. All unit prices and total prices are limited to two (2) decimal places.

Contractor Information:

Tax ID# ________________________

Duns # _________________________

CCR registered yes ______ no _______

Fax # __________________________

Email: _________________________

INTENT AND LOCATION

INTENT

The Forest Service has a requirement to provide road maintenance and minor road construction for the Forest Service roads on all Ranger Districts in the state of North Carolina. This solicitation will result in award of a firm fixed price, multi-award Indefinite Quantity, Indefinite Delivery (IDIQ), service and minor construction contract for each of the Ranger Districts in the National Forests of North Carolina (NFNC). Offerors are required to submit a separate quotation package for each Ranger District they wish to be considered for an award. The resultant contracts will consist of the 7 Ranger Districts listed below having a separate multi-award IDIQ group of Contractors who will be submitting price proposals for the Task Orders that will be issued.

All work will be completed in accordance with the specifications of this solicitation and resultant contract.

The resultant contracts will consist of a 12 month Base Period and 4-12 month Option Periods that can be exercised following the base period.

LOCATION

The resultant contract will consist of 7 separate multi-award IDIQ contracts for the NFNC Ranger Districts:

Ranger District Address County City

1. Croatan 141 E. Fisher Ave Craven New Bern

2. Uwharrie 789 NC 24/27 East Montgomery Troy

3. Grandfather 109 E. Lawing Drive McDowell Nebo

5. Pisgah 1001 Pisgah Hwy Transylvania Pisgah Forest

SECTION C--

STATEMENT OF WORK/SPECIFICATIONS

1. STATEMENT OF WORK

The contractor shall provide all equipment, labor, supervision, transportation, materials, tools, and other incidentals and execute all work necessary to perform road maintenance on National Forest roads in accordance with the Performance Work Statement (PWS) specifications, exhibits and industry standards. See Attachment 3. The Forest Service will not know the exact condition of every road before a task order is issued, therefore it is the Contractor’s responsibility to review the roads listed on the pricing request for each Task Order. Services shall be performed on any of the Forest Service roads managed by the Ranger District for which this contract applies. Specific roads and tasks will be detailed on individual task orders. District maps showing road locations, for the projects on awarded task orders, may be obtained at the individual District Ranger Office. A list of Roads per Ranger District can be found in Attachment 3.

Work will consists of a variety of road maintenance tasks which will be itemized, described, quantified and or specified on individual task orders. Attachment 2 contains a list of possible maintenance items that may be ordered by task orders. Other maintenance work items not listed may be ordered if mutually agreed by the Contracting Officer and Contractor.

Applicable Department of Labor Wage Rates for service and construction work are found in Attachment 1.

In addition to providing road maintenance there may be construction items totaling less than $30,000 that may be included on the task orders. Additional construction clauses will apply. Construction items may include, but are not limited to culvert installation, road reconditioning, embankment construction, etc. Bonds will not be required for the task orders that contain construction work. Submission of Payroll, in accordance with the Davis Bacon requirements, will be required. WH-347 is provided in Attachment 4.

Task Order quantity adjustments may be mutually agreed upon without further competition depending on task order pricing and funding availability. All modifications will be finalized on a SF30.

Offerors are required to submit price quote and technical proposals as specified in Section L, Instructions to Offerors, of this solicitation.

2. SPECIFICATIONS

Maintenance Work

The Performance Work Statement (PWS), Performance Requirements Summary (PRS), and other related requirements contained in Attachment 3 comprise the technical specification for maintenance work.

Construction Work

Technical specifications for construction work are contained in applicable sections of the Federal Highway Administration’s STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS (FP-03), as modified by Supplemental Specifications provided by the Forest Service. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract/task order that contains construction work items. Supplemental specifications are project-specific and will be provided with individual task orders that contain construction work items.

3. DEFINITIONS

Graphic definitions and representations of road structural terms are shown in Attachment 4.

Acceptable Quality Level (AQL). The maximum allowable defects that may occur before the Government will affect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services Clause. An AQL does not allow a contractor to knowingly offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations

Agreed or Approved - Official agreement or approval by use of a written document issued by the Government. Agreements also require signature of Contractor's Representative and are dated.

Aggregate Base Course (ABC)- Gravel material meeting the requirements of the North Carolina Department of Transportation Standard Specifications for Roads and Structures, Division 10, for Aggregate Base Course (ABC). See Table 1005-1 in Attachment 4.

Aggregate Base Course (M) (ABC(M))- Gravel material meeting the requirements of the North Carolina Department of Transportation Standard Specifications for Roads and Structures, Division 10, for Aggregate Base Course (ABC(M)). See Table 1005-1 in Attachment 4.

Berm - A curb or dike which controls traveled way and shoulder runoff water, or delineates traffic direction. Berms commonly parallel road centerline; however, on limited use roads may be placed diagonally across the roadbed. An unnecessary berm is a berm that prevents proper drainage or does not perform a desirable function.

Best Value. The expected outcome of an acquisition that, in the Government’s estimation , provides the greatest overall benefit in response to the requirement.

Bid Schedule- Schedule containing a list of maintenance items, quantities, units of measure, unit price and amount.

Channel – A natural waterway leading into or away from a culvert or bridge.

Contract. A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications.

Contract Discrepancy Report (CDR). A formal, written documentation of Contractor nonconformance or lack of performance for contract work. Sample form is provided in Attachment 4.

Contract Modification. Any written change in the terms of a contract.

Contract Quantities - Those estimated quantities shown in the Schedule of Items as awarded.

Contracting Officer Technical Representative (COR/COTR). Technical Representative designated in writing by the Contracting Officer who performs quality assurance evaluations of the Contractor's performance.

Sample Designation form is provided in Attachment 4.

Contracting Officer (CO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contractor. The term as used herein refers to both the prime Contractor and any subcontractor. The Contractor shall be responsible for insuring that his subcontractors comply with the provisions of this contract.

Contractor Representative. A foreman, superintendent, or manager, assigned in writing, to be responsible for the execution of work under this contract. Form is provided in Attachment 4.

Culvert - Any structure which provides a passageway, drain, or waterway under a road or embankment.

Daily Diaries. Documentation of Government inspections which reflect the Contractor’s performance.

Ditch - A relatively long narrow excavation placed to collect or disperse water.

Drainage dip - A constructed depression within the roadbed to form a uniform depression that allows routine passage of vehicles while diverting water from the traveled way.

Drainage ditch - A ditch located parallel to and abutting the roadbed. Road Ditch. Roadside Ditch.

Drainage structure - A term identifying man-made devices placed to control water movements.

Drawings – Design sheets or fabrication, erection, or construction details submitted to the Government by the Contractor. Also refers to submissions and submittals.

Equipment - All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

Excess Material – Material generated from the work of this contract which is unsuitable or in excess to that needed for maintenance work required by this contract.

Foreslope - The slope of the ditch section from the road shoulder to the ditch flowline.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Government - The Contracting Officer or the duly authorized Contracting Officer's Representative (COR) with authority to sign orders.

Grade (noun)- The vertical alignment of the top surface of the road, a ditch flowline, the ground or other surface. Grade can also mean slope.

High Clearance Vehicles – Vehicles such as, pickups, 4x4s, and log trucks.

Inspector. A person designated in writing by the COTR to assist with inspection of the Contractor’s performance. Sample form is provided in Attachment 4.

Lead-off ditch - A ditch used to remove water from roadside drainage ditches.

Materials - Any substances specified for use in the performance of the work.

Measurement – The process of identifying the dimensions, quantity, or capacity of an item.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Offer. A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.

Option. A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.

Task Order - A written order, issued on an OF-347, by the Government directing fulfillment of work requirements under the terms of the contract. Sample Form is provided in Attachment 4.

Paved Surface or Pavement - Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

Pavement Structure – The combination of sub base, base, paving geotextiles, and surface courses placed on a subgrade to support and distribute the traffic load to the roadbed.

Performance Requirements Summary (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor. See Attachment 3.

Plans – The contract plans furnished by the government showing the location, type, dimensions, and details of the work.

Protected Stream course--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Quality Assurance. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS). See Attachment 3.

Quality Assurance Surveillance and COR Action Plan (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor.

Quality Control (QC). A method used by the Contractor to control the quality of goods and services provided.

Reasonably Close Conformity - Compliance with customary maintenance tolerances where working tolerances are not specified.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Roadbed - The graded portion of a road between the intersection of subgrade and side slopes excluding the portion of the ditch below subgrade.

Roadway – Top of cut to bottom of fill. Section J Exhibit E

Road Ditch – Drainage ditch. Roadside ditch.

Roadside Ditch – Road ditch. Drainage ditch.

Rolling Dip - A shallow, wide, ditch placed across the roadbed to remove water from the roadbed surface that can be driven across by high clearance vehicles; usually placed diagonal to the centerline. Drainage Dip.

Schedule of Items - Schedule containing a listing of maintenance items, quantities, units of measure, unit price, and amount. Bid Schedule.

Shall. The imperative.

Shoulder – Surface of the roadbed from the edge of the traveled way, outward to any one of the following: 1) the top of the ditch Foreslope, 2) toe of cut slope, or 3) top of fill slope. Section J Exhibit E

Silt Trap – A constructed rectangular pit, approximately 2’-4’ wide, 2’deep, and 4’-8’ long (or longer), placed in the vicinity of a roadside ditch flowline or tail ditch, such that water flowing in the ditch enters the trap and allows silts and sands to “drop out” before exiting the trap and continuing down the ditch or to daylight. Roadside ditch silt traps are generally parallel to and adjacent to the roadway and clean the water flowing in the roadside ditch. Tail ditch silt traps are on the outfall side of a culvert, typically in the tail ditch (if present) and clean the water prior to discharge. It does not include a pit that catches water from sheet flow across a roadway.

Slough or Slide - Material fallen or slid on to the roadway or off or down an embankment slope that may need to be repositioned or removed.

Slump - A localized portion of the roadbed which has slipped or otherwise become lower than that of the adjacent roadbed and constitutes a hazard to traffic.

Special Project Specifications - Specifications which detail conditions and requirements specific to the individual project.

Subcontractor. Any supplier, distributor, vendor, or firm that furnishes supplies or services to a prime contractor.

Supplemental agreement. A contract modification that is accomplished by the mutual action of both parties.

Tail Ditch – A ditch used to convey water away from a culvert outlet, Cattle guards, or similar drainage structure, typically and preferably to daylight.

Traveled Way - The portion of the roadway for the movement of vehicles. For purpose of this contract, traveled way includes turnouts and curve widening.

Turnouts - A short auxiliary lane on a road provided for passage of meeting vehicles or overtaking vehicles.

Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. This includes material with substantial amounts of debris, rocks, vegetation, muck, sod, organics or other objectionable material. See also excess material.

Warranty. A promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

Waterbar – A shallow ditch placed across the roadbed to remove water from the surface. Waterbars are similar to Rolling dips, but are much shorter and abrupt.

Where "as shown", "as detailed", or words of similar import are used, it shall be understood that reference is made to the attachments accompanying this specification unless stated otherwise.

Where "as directed", "as required", "as permitted", "approval", "acceptance", or words of similar import are used, it shall be understood that direction, requirement, permission, approval or acceptance of the Contracting Officer is intended unless stated otherwise.

Wing Ditch – Lead-off ditch.

Work Schedule - The Contractor's current schedule for work progression.

Other Abbreviations, Acronyms, and Terms or Definitions referenced specifically to a construction project are contained in Federal Highway Administration’s STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS.

4. CONTRACTOR’S QUALITY CONTROL

The contractor shall provide a quality control plan as part of their Technical Proposal. This plan shall describe the Contractor’s method for ensuring all work meets the specifications of this project. The Contractor is responsible for ensuring that the work is completed in a timely manner and in accordance with the specifications of the contract. See Attachment 3, Section C1.3.

5. OBLIGATION OF THE CONTRACTOR

Contractor shall furnish all supplies, materials, tools, equipment, labor, supervision and transportation to do the required work. Each week, unless otherwise approved, the Contractor shall report his location and progress of work in writing to the Contracting Officer's Technical Representative (COTR) to permit timely inspection and acceptance of completed work by the Government. If construction work is included in the task order, the Contractor shall forward to the COTR each week the payrolls, including the WH-347, for the prior week in accordance with the Department of Labor Davis Bacon requirements. WH-347 provided in Attachment 4.

The Contractor shall provide a sufficient number of certified, trained and competent personnel to accomplish the work of this contract in a manner consistent with the highest professional standards of the industry.

The Contracting Officer (CO) should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms the Contractor shall communicate, in writing, with the Contracting Officer. Whenever, in the opinion of the Contractor, the COTR requests effort outside the scope of the contract, the Contractor should so advise the COTR. If the COTR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The Contractor shall post all required posters and wage rates applicable for each task in a location accessible to all employees.

Note: All Contractors are required to submit price quotes on 100% of the task orders issued for the Ranger District for the IDIQ Contract they are awarded. Failure to submit a price quote on 100% will result in the Contractor forfeiting their minimum guarantee and the Government not exercising future options.

6. GOVERNMENT’S QUALITY ASSURANCE (QA)

The Government will monitor progress to ensure that the Contractor is providing the quality promised in their QC Plan and that work meets performance standards. Visual observation may be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to make random or 100% full inspections of the work. Each road will be inspected separately, and the results will not be averaged.

Government inspections will be documented on Daily Diaries and placed in the contract file. If work in part of an area does not meet the Acceptable Quality Level given above, a Notice of Non Compliance will be issued to the Contractor (see section E). See Attachment 4 for sample of form. The CO may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Upon completion of a road or an area and notification by the Contractor, the COTR or designated Inspector shall make an overall inspection of that/those roads. If a need for remedial work prior to acceptance is reflected by the COTR/Inspector`s inspection, such remedial work will be performed before the Contractor moves to the next area. If the inspection results in acceptance of the area, the Contractor may immediately proceed with work on the next area.

Government inspections are for the sole benefit of the Government and do not-

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work.

7. OBLIGATION OF THE GOVERNMENT

When required by the specifications or drawings, the locations of special work items will be staked on the ground by the government.

8. MEASUREMENT AND PAYMENT

For Maintenance work, refer to Attachment 3, Section C-3 and individual work item descriptions.

For Construction work refer to Standard Specifications & Standard Specifications for Construction of Roads and Bridges of Federal Highway Projects - FP-03 for details on measurement and payment.

Quantity Measurement Terms

U.S. Customary Units of measure are used in conjunction with these specifications.

The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

All items, which are measured by the foot, will be measured along its longitudinal centerline, unless otherwise shown on the drawings.

A station when used as a definition of term or measurement will be one hundred feet, or a precise location along a survey line.

Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.

The term "ton" means 2000 pounds. Trucks used to haul material measured by truck weight shall bear a plainly legible identification mark. Weight tickets furnished by the Contractor from certified scales will be used to determine weight measurements.

Materials measured by the cubic yard in the hauling vehicle shall be measured therein at the point of delivery. Vehicles may be of any legal size or type, provided that the box is of such shape that the actual volume may be readily and accurately determined.

Measurement by the acre will use the length and width treated. Measurement will be along the ground surface. Measurement of width will approximate significant slope breaks, but will not include minor deviations along the slopes.

Measure square yard along longitudinal and traverse slopes on transverse slopes steeper than 2:1.

The term "lump sum" when used in the Bid Schedule means the complete unit as required by or described in the contract.

Measurement will be made of each item or unit of work, as shown in the Bid Schedule, completed and accepted in accordance with the contract provisions, specifications, and drawings.

9. SAFETY

Contractor Safety Responsibilities. It shall be the responsibility of the Contractor to assure that proper techniques and procedures are followed and precautions taken to prevent injury to any person or property as a result of work performed under this specification. The Contractor shall be solely responsible for the repair of, or payment for, any damage or injury to government property and their property caused by his representatives, materials, or equipment. All work areas shall be left in a safe and clean condition equal to that in which they were found.

The Contractor shall equip his representative with required safety devices such as safety glasses and protective gloves and shall comply with all local safety requirements.

The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. These include, but are not limited to safety requirements provided by the Occupational Safety and Health Administration (29 CFR 1910-1926, www.osha.gov). It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

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

Appropriate 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). These signs shall be moved as needed to properly delineate and identify the sections of roads being maintained. Warning signs shall be placed within 1 mile of active operations, in no case shall warning signs be greater than 5miles apart. Additional signs may be placed to cover entire work area. See also “Maintenance and Control of Traffic” in Section C-6, below.

Excerpts from the 2009 MUTCD are included in this contract for reference. Online pdf version of the MUTCD is available for viewing at http://mutcd.fhwa.dot.gov/.

ALL personnel working on this contract, including equipment operators, sub contractors and contractor’s representative, shall wear an ANSI approved Class II reflective vest.

10. SCHEDULING WORK

Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. All deliveries shall be coordinated with the COTR , ahead of the delivery date.

The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections, or division is begun. Work sequencing shall be coordinated with the COTR , so as to have minimal impact on Government operations and personnel.

11. PERFORMANCE REQUIREMENTS

The Contractor is required to adhere to all requirements listed in the contract and to Adhere to all Standard Specifications, Special Specification, and Drawings for each project.

The Contractor is to communicate with the CO and COTR as to progress, location, and completion of items and to adhere to all requirements of the National Forests of North Carolina Fire Protection Requirements.

12. WORKING HOURS

Work hours are generally limited to weekdays between dawn and dusk. Work outside of those times requires approval by the COR or Project Inspector. Work on federal holidays requires prior written approval from the Contracting Officer. Approval of the COR is required prior to work done on weekends.

13. ENVIRONMENTAL PROTECTION

The contractor shall instruct employees in environmental protection practices. The contractor shall be responsible for operating under conditions which preclude the waste of fuel or spoiling the environment which shall include:

Disposal of Refuse: Contractor shall be required to remove all refuse from each respective work site every day work is performed and shall dispose of the refuse off of Government property.

Fuel for equipment, trucks and vehicles shall not be wasted. Extended engine idling shall not be permitted.

Machine fluids (fuel, oils, coolants, etc.) shall not be drained on the ground or allowed to enter any watercourse. Inadvertent spills shall be contained immediately and the District Ranger, Project Inspector, and local authorities shall be notified immediately. Promptly remediate the spill unless otherwise directed by authorities.

The Contractor shall provide protective barriers to prevent soil erosion on all projects requiring excavation. Also, included will be environmental protection to prevent sedimentation drainage of silts into storm drains. All protective barriets will be continually maintained on the project until the project is completed and accepted by the Government.

14. FIRE PROTECTION REQUIREMENTS

The Contractor shall comply with all policies and rules of the National Forests of North Carolina to prevent forest fires. The Forest Service Health and Safety Code Handbook (FSH 6709.11), National Wildfire Coordination Group Fireline Handbook, and Forest and District policies describe procedures to avoid the unintentional ignition and spread of wildfire. These include, but are not limited to:

1. Use spark arrestors on fuel powered vehicles and machinery.

2. Have onsite access to a fire extinguisher and/or other fire fighting tools, such as shovels or rakes.

3. Ensure proper storage and handling of flammable liquids.

4. Ensure positive extinguishing of any open flames or burning materials, such as tobacco.

5. Obtain COTR and District approval for any open fires.

6. Completely extinguish all approved fires before departing worksite.

15. NOISE CONTROL

The Contractor shall comply with all applicable local laws, regulations, and ordinances relative to noise control.

SECTION D--PACKAGING AND MARKING

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

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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (Apr 1984)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from April 01, 2012 through February 28, 2013.

Option Periods If the option periods are exercised by the Government the period of performance for each option period will be as follows:

1st Option Period April 01, 2013 through February 28, 2014 2nd Option Period April 01, 2014 through February 28, 2015 3rd Option Period April 01, 2015 through February 29, 2016 4th Option Period April 01, 2016 through February 28, 2017

Guaranteed Minimum The guaranteed minimum amount for each contract, inclusive of the base and all option periods, shall be $2,500.00 and may be initiated by one or more task orders and shall be inclusive of all profit and overhead.

Note: All Contractors are required to submit price requests on 100% of the task orders issued for the Ranger District for the IDIQ Contract they are awarded. Failure to submit a price quote on 100% of pricing requests will result in the Contractor forfeiting their minimum guarantee and the Government not exercising future options.

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a site to be determined at the time of award.

GOVERNMENT-FURNISHED PROPERTY and UTILITY SERVICES

Property Unless specified in the individual task order or elsewhere in this contract, the Government will not provide any Government property to the Contractor for use in the performance of this contract. If the task order provides Government property the Contractor shall used and maintain the property in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Utilities Where available on the Forests, Contractors may use Forest Service water systems, toilet facilities, and electrical services in the completion of requested work and at no cost to the Contractor. However due to the location of the projects under the resultant contract the Government does not guarantee there will be facilities available to use under this contract.

INVOICING

Partial and final invoices will be processed, net 30 days, for work complete and accepted by the Government by the COTR. Invoices may only be submitted on work that is completed and based on actual measurement of performance completed (validated by schedules, progress reports, and COTR / inspector site visits). A proper invoice must be submitted to the COTR with the proper documentation attached and approval. The COTR will then forward the invoice to the CO to be processed.

A proper invoice must include the contractor’s name, address and telephone number, the task order number and contractor’s tax identification number. Each invoice submitted must reflect a different invoice number. Any invoices that are received without the proper information and/or documentation will be rejected and returned to the Contractor to be corrected and re-submitted. A sample invoice is provided in Attachment 4.

See also Attachment 3, Section C1.8.

A Contract Release form shall be submitted with the final invoice for each Task Order. Form is provided in Attachment 4.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly contact the Contracting Officer upon entering into any subcontract arrangement. Standard Form 1413, provided in Attachment 4, shall be completed and forwarded to the CO for each subcontractor utilized.

If the contractor or a subcontractor at any tier is utilized for a task order that contains construction work, the contractor shall submit payroll reports and certifications, WH-347, provided in Attachment 4, on a weekly basis for all employees that worked on the construction item of work.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: a Manager or Superintendent that will be a primary point of contact for this contract.

(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.

SECTION I--CONTRACT CLAUSES

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

In accordance with FAR 52.252-2, 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.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (FEB 2012)

(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).

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

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

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

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

__ (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 (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

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

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

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

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

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

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

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

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

__ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

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

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

X (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 (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__ (41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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

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

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

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

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

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

X (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(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 (JAN 2009).

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