S-17-0076.pdf

ROAD MAINTENACE IDIQ AG-4670-S-17-0076 3

Continuation of SF1449

Block 18 a. Invoices are to be submitted through www.ipp.gov website for processing.

Block 27: The full text of a clause or provision may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/

SCHEDULE OF ITEMS

The Contractor shall furnish labor, supervision, equipment, transportation, operating supplies, and incidentals to provide road maintenance work as described in Attachment 2 Statement of Work as required for the Andrew Pickens Ranger District, principally located in Saluda and Oconee counties in South Carolina. NOTE: In the case of an emergency or natural disaster, the contractor may be asked to provide pricing for similar work located on Forest Service Property throughout the State of South Carolina. The contractor has the option to submit or not to submit pricing for any work outside the Andrew Pickens Ranger District.

Contractor will be given a minimum of 5 business days to mobilize to start work after receiving a task order.

See Attachment 1 for Schedule of Items.

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 and not in excess $900,000 over the lifetime of the contract.

INSTRUCTIONS TO OFFERORS:

Return the following as your offer:

• SF1449 completed and signed (Page 1) (Blocks 17 (Codes do not apply) and block 30(a-c)

• Pricing (Attachment 1)

• Completed Contractor information section Page 14

• Representations – Page 21-35

• Experience Questionnaire (Attachment 4)

• Acknowledge any amendments (SF 30) issued

The vendor must be registered in System Award Management and have an active account at the time Proposals are due to be considered for an award.

THE GOVERNMENT ANTICIPATES MAKING A SINGLE FIRM FIXED AWARDS RESULTING FROM THIS

SOLICITATION

http://www.ipp.gov/ http://www.aquisition.gov/ http://farsite.hill.af.mil/

ROAD MAINTENACE IDIQ AG-4670-S-17-0076

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/

Invoices are to be submitted to www.ipp.gov

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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. 4704 and 10 U.S.C. 2402).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

http://www.aquisition.gov/ http://www.ipp.gov/

X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). (Applies if Government Credit card used to pay for materials)

X (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(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:

(No clauses applicable/included since commodities/supplies – procurement not a service)

(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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

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

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

52.204-18 Commercial and Government Entity Code Maintenance. (Nov 2014)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.216-18 ORDERING. (OCT 1995)

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

(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.

https://www.acquisition.gov/

(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.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount 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 $250,000.

(2) Any order for a combination of items in excess of $250,000 :or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

provided, that the Contractor shall not be required to make any deliveries under this contract after work is completed on orders issued within the effective period of this contract.

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 15 days prior to expiration of the contract.

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 5 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov/far/index.html or http://farsite.hill.af.mil/

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-40 – PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC 2013)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract will be from Aug 15, 2017 or date of award whichever is later through Jul 31, 2018. (Base Period) Option I: Aug 1, 2018 – Jul 31, 2019. Option II: Aug 1, 2019 – Jul 31, 2021, Option III: Aug 1, 2020 – Jul 31, 2021, Option IV:

Aug 1, 2021 – Jul 31, 2022

The performance period for any task orders will be indicated in the task order.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference may be held at Supervisor’s Office, Columbia,SC. If necessary, the meeting may be held via teleconference for the convenience of the Forest Service. (NOTE: No work can be started on site until after a post award (pre-work) conference is held unless waived by the Contracting Officer

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 and not in excess $900,000 over the lifetime of the contract.

THE FOLLOWING CLAUSES APPLY TO TASK ORDERS THAT CONTAIN CONSTRUCTION WORK:

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

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection–Dismantling, Demolition or Removal of Improvements (AUG 1996)

INSPECTION AND ACCEPTANCE: Periodic filed inspections will be made by the Contracting Officer’s Representative

(COR). Work not completed to contract standards shall be rejected and reworked without additional compensation to the

Contractor.

52.242-14 Suspension of Work. (APR 1984)

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 2 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

The maximum workweek that will be approved is to be negotiated if needed.

52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

(FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities OCT 2010)

52.222-37 Employment Reports Veterans (SEP 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated items in Service and Construction Contracts (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-4 Patent Indemnity – Construction Contracts (DEC 07)

52.228-11 Pledges of Assets (JAN 2012)

52.229-2 North Carolina State and Local Sales and Use Tax (APR 1984)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-16 Progress Payments (APR 2012)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer – System For Award Management (JUL 2013)

52.232-39 Limitation on Withholding of Payments (APR 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (MAY 2014)

52.246-12 Inspection of Construction (AUG 1996)

52.246-21 Warranty of Construction (MAR 1994) Alternate I (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.251-1 Government Supply Sources (Apr 2012)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

52.225-9 Buy American—Construction Materials (MAY 2014)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

EXHIBIT A Contract Administration Data 1 Page

ATTACHMENT 1 Schedule of Items 1 Page

ATTACHMENT 2 Statement of Work / Specifications 15 Pages

ATTACHMENT 3 DOL Wage Rates 11 Pages

ATTACHMENT 4 Experience Questionnaire 2 Pages

ATTACHMENT 5 Historical Data 1 Page

EXIHIBIT A--CONTRACT ADMINISTRATION DATA

A-1 CONTRACTINGOFFICER

a. The Contracting Officer (CO) responsible for award and administration of this contract.

b. Any warranted Contracting Officer assigned to Eastern Administrative Zone (EAZ) is authorized to place orders against this contract subject to their respective warrant limitations.

A-2 TASK ORDERS

a. Task orders will be issued on the appropriate agency forms and are valid if signed by the Contracting Officer or other EAZ Contracting Officer. Each task order will specify works to be provided and contract time for performance in accordance with the terms of this contract/task order.

b. Oral or telecommunicated orders will be allowed under this contract for emergency requirements. Such orders will be confirmed by a written task order within 5 business days following placement of the verbal order. Only the Contracting Officer is authorized to place orders under this contract.

c. The Government issues the task order unilaterally based on the pricing indicated in the schedule of items and the terms and conditions of the contract. The task order will list the contract line items to be provided along with the required delivery date and delivery location. If funds are not all expended by the original completion date, the Government reserves the right to unilaterally extend the performance period until the funds are used. Any unused funds after all deliveries has been made, may be unilaterally deobligated by the Forest Service.

d. The contractor will be given a minimum of 5 business days to mobilize for delivery after receiving an order for aggregate for any order regardless of quantity unless an emergency situation occurs.(Weekends and Holidays are not considered business days).

e. Task Orders shall be competed among all Contractors receiving an IDIQ. Price will be the primary evaluation factor in evaluating and awarding task orders

f. Non-priced items may be incorporated into the Task Order as determined by the Contracting Officer. Non-priced Items may be incorporated into the main IDIQ upon mutual agreement by both the government and the contractor

Mark J Miller

EAZ/AQM

4931 Broad River Road Columbia, SC 29212

(803) 561-4020

FAX (803) 561-4010

markjmiller@fs.fed.us mailto:markjmiller@fs.fed.us

SOLICITATION PROVISIONS

52.204-7 System for Awards Management (Oct 2016)

52.204-16 --Commercial and Government Entity Code Reporting. (Jul 2016)

52.204-18 Commercial and Government Entity Code Maintenance.(Jul 2016)

52.212-1 Instructions to Offerors—Commercial Items (Jan 2017)

452.204-70 Inquiries (FEB 1988)

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS:

Offeror is to return the following as part of their proposal:

SF1449 Completed and Signed

Completed Contractor information section (below)

Completed Reps and Certs (if not completed within SAM Database Record)

Attachment 1 Schedule of Items

Attachment 4 Experience Questionnaire

Any Amendments SF 30 issued

CONTRACTOR INFORMATION

DUN & BRADSTREET# _________________

SAM YES ____ NO

EMAIL ADDRESS: ____________________

TELEPHONE: _________________________

Response required to be considered for Award

Submission of Proposals

There is no need to return any portion of the solicitation that is not part of a proposal. Submission of quotes by email is preferred, to markjmiller@fs.fed.us

Submission of quotes by fax is acceptable.

SAM Entity Required to Receive Award

SAM replaces and consolidates CCR (Central Contractor Registration), ORCA (Online Representations and Certifications) and other systems. Offerors must have a DUNS Number and an Active SAM Entity to at the time proposals are submitted to be considered for an award.

Offerors with an Active SAM Entity shall provide their DUNS Number.

Response to Evaluation Factors (Past Performance, and Price Criteria)

All Offerors must respond to all Evaluation Factors as described in the Evaluation Factors section.

Incomplete quotes may not be considered.

PROPOSAL PREPARATION INSTRUCTIONS

To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separately sections, Part I –Past Performance, and Part II -Price.

B. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required.

However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

A. Submittal and Inquiries.

If Government responses to technical questions that affect the SOW requirements, an amendment to solicitation will be issued.

Specific Instructions:

PART I – PAST PERFORMANCE SUBMISSION

Limited to no more than 2 pages per contract listed in Section 5 of the Experience Questionnaire (Attachment 4). No more than 3 projects within the last 3 years of the solicitation issuance date. Only references for same or similar type contracts are desired. Information provided should assist in determining relevancy to the current solicitation.

PART II – PRICE SUBMISSION

Complete blocks 17 and 24 of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

Insert proposed unit and extended prices in the Bid Schedule at Attachment 1.

The offeror shall ensure the units prices are represented in two decimal positions only (example: $0.27, not $0.27458).

The offeror may provide background information, other than the pricing data that is required, concerning its pricing methodology. This information might include details of the methodology applicable to your offer. The data, if submitted, would be used by the government to better understand their pricing.

Offerors shall enter unit prices and amounts for contract line items as indicated in the schedule.

In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid and the total of the contract line item will be recomputed accordingly. If the bidder provides a total amount for a contract line item but fails to enter the unit price, the total amount divided by the contract line item quantity will be held to be the intended unit price.

Quantities depicted throughout this contract represent the Government's best estimate of the quantity of work for the period of performance. After contract award, situations may arise which impact upon the Government's requirements and necessitate changes to this contract. Should this occur, the Contracting Officer will modify the contract in accordance with the provisions and limitations specified herein. The quantities are estimates of the amount of work that will be ordered.

Complete the necessary fill-ins for all representations and certifications, unless completed within the online System for Award Management (SAM).

52.212-2 Evaluation—Commercial Items. (OCT 2014)

(a.) This is a competitive best value acquisition utilizing simplified acquisition procedures. By submission of its offer, unless specifically addressed in the Offeror’s quote, it will be assumed that the offeror accedes to all solicitation requirements, including all terms and conditions. Failure to meet a solicitation requirement, as well as assumptions and/or exceptions indicated in the Offeror’s quote, may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions, they will also need to submit their complete accompanying rationale. The government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

PAST PERFORMANCE

Relevant performance includes performances of efforts that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation.

Performance submitted, that the Government is unable to validate, will not be considered.

The Contracting officer reserves the right to use the following additional sources of past performance:

- The Contracting Officer’s knowledge of and previous experience with the supply or service being acquired;

- Customer surveys, and past performance questionnaire replies;

- Any other reasonable basis.

The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of High Confidence, Significant Confidence, Satisfactory Confidence, Unknown Confidence, Little Confidence, or No Confidence, as defined below:

High Confidence: Based on the offeror’s performance record, the government has high confidence the offeror will successfully perform the required effort.

Significant Confidence: Based on the offeror’s performance record, the government has significant confidence the offeror will successfully perform the required effort.

Satisfactory Confidence: Based on the offeror’s performance record, the government has confidence the offeror will successfully perform the required effort.

Unknown Confidence: No performance record is identifiable.

Little Confidence: Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully perform the required effort.

No Confidence: Based on the offeror’s performance record, extreme doubt exists that the offeror will successfully perform the required effort.

Offerors with no relevant past or present performance history shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably..

PRICE

(a) Price Reasonableness will be determined by the SF-1449. The price proposals will be evaluated for completeness and reasonableness. The proposal will be evaluated to ensure it covers all requirements of the specifications includes all pricing information required by the solicitation are completed as required.

Plus, the price proposal will be evaluated for reasonableness. Moreover, prices are reasonable in comparison to estimates; prior prices paid, competition, and can be supported by suitable estimating techniques.

(b) Options.

(c) Written acceptance of the Contract by the contractor is required at time of award to ensure the contractor’s compliance with the contract as revised.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE LOW

OFFEROR.

452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All

-- NAICS Code - 115310

-- Size Standard - $7.5M

(End of provision)

AGAR 452.237-71 Pre-Bid/Pre-Proposal Conference (FEB 1988)

(a) The Government is not planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference.

Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The Pre-Bid Conference will be held:

NO PRE-PROPOSAL CONFERENCE TO BE HELD

52.204-7 System for Awards Management (July 2013)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/ or http://farsite.hill.af.mil/

52.233-2 -- Service of Protest. (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Mark J Miller.

4931 Broad River Road

Columbia, SC 29212 markjmiller@fs.fed.us

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can http://www.osha.gov/dcsp/osp/approved_state_plans.html demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of…