Sol_AG-4756-S-16-0001.pdf

AG-4756-S-16-0001

Road Grading, South Zone

PART I – THE SCHEDULE

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Item #1: Perform road grading and related activities on an “as-needed”, requirements basis on the South

Zone of the Cherokee National Forest, Ocoee and Tellico Ranger Districts in Polk, McMinn, and Monroe

Counties, Tennessee.

ITEM DESCRIPTION QTY UNIT

UNIT

PRICE

AMOUNT

1A Surface Blading 100 Miles $ $

1B Clean & Reshape Ditches 85 Miles $ $

1C Tree Removal & Disposal 50 Each $ $

1D

Sign & Post Installation –

Requiring 1 or 2 Post 5 Each $ $

1E

Sign & Post Installation –

Requiring 3 Post 3 Each $ $

Total, Item 1, A – E: $

Note to Contractors: Award will be made on an all-or-none basis. A complete quote package will consist of:

SF-18 Cover Sheet (fill in blocks 13-16)

Completed Section B – Schedule of Items with pricing entered

Completed Section K – Representations and Certifications

A narrative response to Section M – Evaluation Factors

Registration in the System for Award Management (SAM) is not required for submission of a quote;

however registration must be completed within 5 days of notification of award. (See FAR 52.204-7(d)).

Submit quotation package by:

Hard copy mailed to the address in Block 5a of the SF-18 Cover Sheet

Faxed to 423-339-8635

Emailed to nbarrow@fs.fed.us mailto:nbarrow@fs.fed.us

SECTION C - Description/Specifications/Statement of Work

DIVISION 100 – GENERAL REQUIREMENTS

110 - Scope of Contract

Contractor shall furnish all labor, equipment, supervision, transportation, operating supplies and incidentals to perform road grading and related work in accordance with contract specifications, terms, and provisions. Work includes surface blading, ditch pulling, sign and post installation, tree removal, and associated work.

This is a requirements contract, and all quantities shown on the Schedule of Items are estimated quantities. These estimated quantities are not guaranteed to be ordered, and are to be used only as a guide for the amount of work that may be performed. Actual ordered quantities will vary depending upon traffic and weather conditions. Estimates are based on historical data from previous years and projected needs for the upcoming contract period.

Work is performed on remote Forest Service roads in rural locations. Cell phone coverage may not be available; closest supply sources may be a 2-hour drive or more from work site. Successful contractor must demonstrate proven ability to successfully perform this type of work under similar conditions.

120 – Placement of Orders

Task orders may be placed throughout the contract year. However, primary orders will be placed during the spring (March, April) and fall (September, October) blading season.

The Ordering Office is Cherokee National Forest, 2800 N. Ocoee Street, Cleveland, Tennessee 37312.

Only the following are authorized to place orders under this contract:

Cherokee National Forest Contracting Officer

Cherokee National Forest Purchasing Agent

Task orders will be issued in writing. Each task order will specify the road(s) to be serviced, services to be provided, the order in which performance is required and contract time for performance in accordance with this contract.

130 – Project Location

Work sites will be within the administrative boundaries of the south end of the Cherokee National Forest, on the Ocoee/Hiwassee and Tellico Ranger Districts, in Polk, McMinn and Monroe counties, Tennessee.

Specific work site(s) will be as indicated on each delivery order as issued.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - Equipment Requirements and Transportation

All equipment proposed for use for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. Equipment specifications and minimum requirements are as follows:

Grading equipment furnished shall have a minimum weight of 20,000 lbs. and a minimum SAE horsepower of 85. The equipment shall be equipped with power functions, a scarifier and a fire extinguisher. A Rollover Protective Structure (ROPS) is required by Occupational Safety and Health Act

(OSHA) if equipment was manufactured on or after July 1, 1969. Equipment shall be provided with a

Forest Service-approved spark arrester, and flashing lights as required by local and state laws.

The Contractor's proposed equipment shall be made available to the Contracting Officer’s Representative

(COR) for inspection prior to award of this contract. If at any time during the course of this contract any equipment is deemed unsatisfactory, the COR may order removal; and may require, at Contractor's expense, satisfactory replacement equipment meeting original specifications.

MULTIPLE PIECES OF EQUIPMENT WILL ONLY BE OPERATED IN TANDEM UPON

APPLICATION TO AND APPROVAL BY THE CONTRACTING OFFICER.

220 - Public Safety and Traffic Control

The Contractor shall exercise caution and care while accomplishing the work to prevent unnecessary conflict with, or potential hazards to, road users.

The Contractor shall post warning signs with flags on each end of the section of road being worked.

Signs shall be of the size, quantity, and colors as required in the current edition of the "Manual on

Uniform Traffic Control Devices", and as follows:

Warning signs shall have a black legend on an orange background.

The use of standard orange flags or yellow flashing warning lights in conjunction with signs is recommended.

All signs shall be minimum size 30" x 30".

All signs to be used during hours of darkness shall be reflectorized or illuminated.

As a general rule, signs shall be located on the right-hand side of the roadway.

Signs mounted on barricades or temporary supports shall be not less than one foot to the bottom of the sign from the road surface.

Signs shall be no more than 4 miles apart, and when considered necessary by the COR, may be placed closer to actual work.

For maximum mobility during rock picking or culvert cleaning, a warning sign may be effectively mounted on a vehicle moving along with the work operation.

Signs shall be mounted such that traffic from both directions is warned.

These signs shall be moved as needed to properly delineate and identify the section of road being maintained. These signs shall be in place only when equipment or men are actually performing operations. All slow moving equipment shall have a reflectorized "slow moving vehicle” emblem properly attached.

All work shall be scheduled so that, at the end of a working period, the road is passable for the type of traffic normally using the road. If, for any reason, traffic hazards are left in or adjacent to the road after normal work periods, they shall be properly signed as hazards and visibly illuminated at night.

230 - Maintenance Activities

Contractor shall be responsible for removing from ditches and from surfaced and non-surfaced roadways any rock, mud, or dirt deposited by rock, mud, or dirt slides. This work shall be considered incidental to surface blading or ditch pulling and no additional payment shall be made for such work.

Soil Moisture Conditions:

Suitable moisture conditions for surface blading shall be from five (5) to fifteen (15) percent by weight.

Unless authorized by the CO, no surface blading or ditch pulling shall be performed while moisture content is outside this range.

No work will be performed in areas adjacent to Bald River, North River, Citico Creek and Double Camp

Creek during rains and for a period of 24 hours after rain ceases to fall unless otherwise authorized by the

CO.

High Rain Fall Potential Performance:

When the probability of rainfall as predicted by the National Oceanic & Atmospheric Administration

(NOAA), is 50% or greater for the following 24 hour period in the area where contract performance is occurring, the Contractor or his representative shall contact the COR regarding a "spot change" in the established grading schedule, to a contract area with less rainfall probability, or suspending work until the probability decreases.

Grading in areas with 50% or higher probability will be at Contractor's risk. Remedial work by the contractor at no additional expense to the Government may be required on roads or sections of roads, if rutting or other deleterious results occur to these areas of initial performance within 48 hours of such rainfall.

The intent of this section is to produce a management and scheduling of the work by the contractor so as to produce an utilizable end product. This section is in addition to any other moisture level restrictions provided elsewhere in this specification.

240 - Surface Blading

Maintenance Requirements

Blading operations shall be conducted as required to remove, by scarifying and cutting out, ruts, potholes, corrugations, and berms. All suitable dislodged aggregate shall be smoothly redistributed over the entire roadbed to produce proper cross slope or crown of 3/4 inch per foot. Scarifying teeth shall not be spaced greater than 11". (Exhibit A, Section J)

All suitable aggregate that has been worked onto the roadbed edge by traffic or maintenance activities shall be reclaimed onto the roadbed. All suitably sized material disturbed within the roadbed or removed from ditches shall be smoothly spread within the roadbed after movement sufficient to sift out surface aggregate. Assure proper surface drainage following this operation. No undercutting of roadbed edge or material berms will be allowed. No material shall be deposited in ditches.

All oversized and objectionable material shall be removed from the roadbed surface after the blading operation is complete. This waste material includes all loose rocks four (4) inches or larger in the greatest dimension above the graded surface, limbs and woody material larger than 1-1/2 inches in diameter and

18 inches long, and sod or clumps of debris larger than 6 inches.

Rock and debris shall be wasted beyond the edge of the roadbed (see Exhibits Section J). No material shall be deposited in ditches, streams, or in such places as to interfere with the road drainage.

Total roadbed width, including turnout, turnarounds, and parking lots shall be bladed as existing unless otherwise directed by the CO or his designated representative.

Dips, swales, and water bars shall be maintained if necessary. If the dip is functioning as determined by the COR, no work will be required.

All culverts shall be cleaned by removing all silt, muck, rock, and debris from culvert interior (3 feet each end), inlet catch basin, and inlet and outlet ditches (see Section J, Exhibit D).

Waste material removed, including leaves, shall not be deposited in piles either on the roadbed or the cut-slope, but shall be spread out where it will not re-enter the culvert, catch basin, or inlet/outlet ditches. If the material is suitable and is deposited on the roadbed, it shall be spread out smoothly within the roadbed. Placing waste material on steep or high cut-slopes will not be permitted.

Any culverts that are found to be damaged or in non-functional condition shall be reported to the COR.

250 - Clean and Reshape Ditches

All ditches shall be maintained in their original location to the shape and grade required to ensure drainage of the road. Drainage structures and road features shall not be damaged during this operation.

Handwork required to properly connect ditch flow lines to drainage structure inlets is considered a part of this work.

Drainage structures and road features damaged during the maintenance operation shall be repaired or replaced at the expense of the Contractor.

When ditch bottoms are soft or if there is standing water present, avoid running the grader tire in the ditch. Reshape the ditch using the extended blade.

All suitable material excavated through this activity shall be reclaimed and used within the roadbed.

Following this work the surface shall be bladed. Excessive or unsuitable materials reclaimed onto the roadbed from ditches and culvert inlets shall be evenly spread on the roadway. No material shall be allowed to fall into a flowing stream.

No work shall be done in the following area unless the inspector is present:

The section of Bald River Road No. 126 from Skull Branch to a point 0.1 mile beyond Cantrell

Bridge (Bald River).

The section of North River Road No. 217 from the intersection with Road No. 210 to a point 0.2 mile above Round Mountain Branch.

The section of Citico Road No. 35 that lies adjacent to Citico Creek from Forest Service Road

No. 29 to the intersection with Mt. Pleasant Road.

The section of Double Camp Road No. 2659 that lies adjacent to Double Camp Creek from the intersection of Forest Service Road No. 59 and Forest Service Road No. 35 to Crowder Branch

(M.P. 3.44).

Tail and Lead-Off Ditches

Ditches shall be opened to provide drainage away from the roadway. No material excavated from these structures shall be reclaimed onto the roadbed. This work is incidental to pay items 1B and 2B.

260 - Tree Removal and Disposal

This work consists of cutting and removing hazardous and fallen trees. Trees shall be cut to fall away from the road where possible. Care shall be taken to avoid damage to adjacent trees. Trees to be cut and removed shall be disposed of outside the travel way, and shall be limbed and scattered to reduce slash concentrations. Trees to be cut and removed under this activity will be designated by the COR.

No trees shall be removed from Government property.

All limbs, tops, and logs shall be removed from the roadbed.

Measurement for payment shall be the number of trees cut and removed.

270 - Sign and Post Installation

This work consists of the installation of traffic control signs and posts. Locations and types of signs and posts to be installed will be designated by the COR.

All posts shall be erected plumb, with signs securely attached by vandal-resistant hardware. Placement will be in accordance with the Manual on Uniform Traffic Control Devices and the Typical Sign

Installation drawings.

Signs posts shall be either wood or metal. Wood posts will be either 4”x4” or 6”x6” treated. Metal posts will be galvanized, U-channel, 10’x12’ long x 2 lbs./foot. Signs to be mounted on one or two posts will range in size from 6.24 sq. ft. to 20 sq. ft. Signs to be mounted on more than two posts will range in size from 20.1 sq. ft. to 75 sq. ft. The sign material will be aluminum, high density plywood, or wood plastic composite.

Note: Exhibit D has a detail of the placement.

All signs, posts, and vandal-resistant sign hardware will be furnished by the Government. The Contractor shall furnish all tools, equipment and labor necessary to perform the work.

Measurement will be the number of sign and post units installed, and the number of signs replaced.

One sign and its required post or posts shall be considered one unit for payment. Signs and posts shall not be measured separately when the pay item is for sign & post installation.

DIVISION 300 - METHOD OF MEASUREMENT

For all surface blading, and cleaning and reshaping ditches, measurement shall be made to the nearest tenth (0.10) of a mile by the COR using a vehicle odometer.

For ditches, measurement shall be made for each side of the road. Lead off ditches shall be measured from the road ditch line to the end of the ditch and converted into miles. The total length of lead off ditches cleaned and reshaped shall be measured prior to conversion and rounding off to the nearest tenth of a mile.

For tree removal and disposal, and sign and post installation, measurement shall be by actual count for each.

DIVISION 400 - PAYMENT

Payment shall be made in accordance with Clause 52.232-1, Payments, at the established unit prices for work based on units ordered, actual number of units completed by the contractor and accepted by the

Government.

Biobased Products

The Contractor shall utilize products and materials made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov.

http://www.biopreferred.gov/

SECTION D - Packaging and Marking

(For this Solicitation, there are NO clauses in this section)

SECTION E - Inspection and Acceptance

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

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F - Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (see schedule below). The time stated for completion shall include final cleanup of the premises.

Contract Time: Each task order will specify a period of performance based on the following schedule:

Sub Item Contract Time

A. Surface Blading 1 Calendar Day / 4 Miles Ordered

B. Clean and Reshape Ditches 1 Calendar Day / 2 Miles Ordered

C. Tree Removal & Disposal 1 Calendar Day / 8 Trees Ordered

D. Sign Post Install (1-2 Post) 1 Calendar Day / 10 Signs Ordered

E. Sign Post Install (3 Post) 1 Calendar Day / 5 Signs Ordered

*Except for Items C, D, & E work will commence within two (2) calendar days.

Receipt of a task order shall be considered your notice to proceed. Completion of the task order is required within the contract time specified above for the number of units ordered computed from the date of order, plus an additional 10 calendar days for mailing and planning purposes.

52.242-15 Stop-Work Order. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the

Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the

Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from date of award through one calendar year.

SECTION G - Contract Administration Data

452.215-73 Postaward 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: Cherokee National Forest Supervisor's Office, 2800 North Ocoee Street, Cleveland TN 37312.

GOVERNMENT-FURNISHED PROPERTY

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

Signs

Sign Posts

Vandal-Resistant Sign Hardware

SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

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

Operator.

(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 theinformation 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.

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

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

(a) Definitions. As used in this provision-

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds

Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the

DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the

SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and

Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the

United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and

Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii)

Number of employees at your location. (viii) Chief executive officer/key manager. (ix)

Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.216-18 Ordering. (OCT 1995)

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

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

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

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, 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 $25,000;

(2) Any order for a combination of items in excess of $50,000; or https://www.acquisition.gov/

(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 2 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.

52.216-21 Requirements. (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the

Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the

Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the

Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of all orders placed during the contract period.

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 30 days of contract completion date.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

52.222-41 Service Contract Labor Standards. (MAY 2014)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage

GS-5 $15.15

Fringe Benefits

Paid Holidays: 1. New Year`s Day, 2. MLKing’s Birthday, 3. Washington`s Birthday,4. Memorial Day,

5. Independence Day, 6. Labor Day, 7. Columbus Day, 8. Veteran's Day, 9. Thanksgiving Day, 10.

Christmas Day.

Paid Vacation

2 hours Annual Leave each week with less than 3 years service.

3 hours Annual Leave each week with 3 but less than 15 years service.

4 hours Annual Leave each week with 15 or more years service.

Health and Insurance: 5.1% of hourly rate

Retirement: 7% of hourly rate

52.222-50 Combating Trafficking in Persons. (MAR 2015)

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

2013)

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

52.223-6 Drug-Free Workplace. (MAY 2001)

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

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-11 Extras. (APR 1984)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-25 Prompt payment. (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

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

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt

Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

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

52.243-1 Changes - Fixed-Price. (AUG 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the

Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the

Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

52.244-6 Subcontracts for Commercial Items. (OCT 2015)

(a) Definitions. As used in this clause-

Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the

Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.

3509), if the subcontract exceeds $5.5 million and has a performance period of more than

120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers 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) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (OCT 2015)(38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of

FAR clause 52.222-40.

(x)(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 and E.O.

13627).

(xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 13658) (DEC 2014).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United

States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause

52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

52.245-1 Government Property. (APR 2012)

52.246-20 Warranty of Services. (MAY 2001)

(a) Definition.

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

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract.

The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within

30 days from the date of acceptance by the Government. This notice shall state either-

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

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

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

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

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

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

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/?q=browsefar

52.253-1 Computer Generated Forms. (JAN 1991)

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

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

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

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 48 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the

Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

52.222-99 2.222-99 Establishing a Minimum Wage for Contractors (DEVIATION)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a

Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of

Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between

January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order

13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning

January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor

Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

PART III - List of Documents, Exhibits, and Other Attachments

SECTION J - List of Documents, Exhibits, and Other Attachments

Attachment

Number Attachment Title

Number of

Pages

1 Map - Ocoee Ranger District 1

2 Map - Tellico Ranger District 1

3 Exhibit A - Typical Section 1

4 Exhibit B - Typical Section - Scarifying 1

5 Exhibit C - Culvert Section 1

6 Exhibit D - Standard Mountings 1

7 Wage Determination - Monroe County, TN 9

8 Wage Determination - Polk & McMinn Counties, TN 10

PART IV: REPRESENTATION, CERTIFICTIONS AND STATEMENTS OF

OFFERORS

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36.5 million dollars average annual receipts for the preceding three fiscal years.

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) (i) Paragraph (d) applies.

[____] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in…