AG-64R4-S-12-0002.PB.Road.Mtce.Complete.Pkg.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

PAGE

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-64R4-S-12-0002AY

6. SOLICITATION ISSUE DATE

03/09/2012

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Anita Young, Contract Specialist

b. TELEPHONE NO. (No collect calls) 573-341-7470

8. OFFER DUE DATE/LOCAL TIME

03/30/2012 4:30pm

9. ISSUED BY CODE

USDA Forest Service Mark Twain National Forest 401 Fairgrounds Road Rolla, MO 65401

|_| UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

|_| 8(A)

SIC: 115310

SIZE STANDARD: $7 Million

15. DELIVER TO CODE

TELEPHONE NO.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROAD MAINTENANCE – SURFACE BLADING

MARK TWAIN NATIONAL FOREST

POPLAR BLUFF RANGER DISTRICT

This solicitation is being issued pursuant to applicable parts of FAR 12—Acquisition of Commercial Items and FAR 13 – Simplified Acquisition Procedures.

SEE

SCHEDULE

OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

See Individual Task Orders

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

Solicitation No. AG-64R4-S-12-0002AY, OFFEROR’S COPY Road Maintenance – Surface Blading, Poplar Bluff Ranger District, Mark Twain National Forest

ROAD MAINTENANCE – SURFACE BLADING

The contractor shall provide all motor patrols, operators, laborers, fuel, transportation, licenses, permits and other supplies and equipment necessary to perform all work associated with surface blading the traveled roadway and shoulders of gravel-surfaced roads on the Poplar Bluff Ranger District, Mark Twain National Forest. All work shall be performed in accordance with this solicitation and any resultant contract.

SCHEDULE OF ITEMS

TASK/

SUB-TASK

DESCRIPTION

EST

QTY

UNIT

UNIT

PRICE

Base Period

TOTAL

Base Period

UNIT

PRICE

Option Period 1

TOTAL

Option Period 1

UNIT

PRICE

Option Period 2

TOTAL

Option Period 2

5.0 ROAD MAINTENANCE

5.1 SURFACE BLADING

5.1.1 – POPLAR BLUFF RANGER DISTRICT – SURFACE BLADING

5.1.1.1

Single Lane

Mile

5.1.1.2

Double Lane

Mile

TOTALS (5.1.1 plus 5.1.2)

TOTAL FOR ITEM 5.1.1 (Base Period plus All Option Periods) $

*Quantities shown above are estimates only and are for the base and all option years. Quantities ordered may be significantly more or less than shown for both the base and option years depending on the amount of funds available for road maintenance.

CONTRACT AWARDS: This solicitation is for a firm fixed-price, performance-based, indefinite-delivery requirements type contract. The successful contractor will perform all actual requirements for road maintenance (surface blading) for the Poplar Bluff Ranger District. Submission of an offer for the base year period constitutes an offer to perform in the Option Period(s), if exercised.

BASIS OF AWARD: Award will be made to the offeror with the lowest priced technically acceptable proposal for the entire item (Subtasks 5.1.1.1 Single Lane roads and 5.1.1.2 Double Lane roads). Offerors that do not submit a technical proposal may not be considered for award.

ORDERS: Orders may be issued orally, by facsimile, or by electronic commerce methods.

IMPORTANT NOTICE TO OFFERORS

CENTRAL CONTRACTOR REGISTRATION: In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, Central Contractor Registration.

All offerors must submit the following information:

E-MAIL ADDRESS:_________________________________________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: __________________________

FEDERAL TAX IDENTIFICATION NUMBER: __________________________________________

ARE YOU REGISTERED IN THE CENTRAL CONTRACTOR REGISTRY? [ ] YES [ ] NO

ARE YOU REGISTERED IN THE ONLINE REPRESENTATIONS AND CERTIFICATIONS (ORCA) DATABASE? [ ] YES [ ] NO

AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 88)

The effective period of this contract is from date of award through December 31, 2010, plus four (4) one-year option periods, if exercised. Total duration of the contract shall not exceed five (5) years.

CONTRACT TIME: Contract time for each task order issued will be established at the rate of one (1) calendar day for every 1.5 miles of surface blading ordered. Five (5) additional calendars will be added to the contract time for each task order for initial mobilization.

PRE-PROPOSAL TOURS: Offerors are urged to inspect the contract areas due to the variability of the roads on the district. For questions, or to arrange a pre-proposal tour, offerors may contact Mike Pomeroy at 573-785-1475.

CONTRACT TERMS AND CONDITIONS

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (FEB 2012)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

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

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

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

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

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

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

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

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

(iii) [Reserved]

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

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

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

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

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

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

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

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

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

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

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

(xiv) 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.

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

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through December 31, 2012 for the base period and from January 1 through December 31 of any option period, if exercised.

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

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

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2014.

FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2012. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2012, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 calendar prior to the end of the current performance period.

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 10 days; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 10 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.

EXERCISE OF OPTION YEARS

In addition to FAR Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000), the Government reserves the right to exercise or not exercise the option year(s) based on the performance and quality of services received. The Government acknowledges that fuel usage is a major portion of the costs associated with surface blading. Due to the unpredictability of fuel costs, IF fuel prices have increased more than 15% from the year prior to the award of the option year, the Government will take into consideration a written request from the contractor to not award the option year. If the Government decides not to award the option year after consideration of a written request by the contractor, the contract will be re-advertised. UNIT PRICES FOR OPTION YEARS WILL NOT BE RENEGOTIATED ON THE CURRENT CONTRACT.

The Department of Energy website referencing Midwest pricing will be used to determine the percentage of increase or decrease of fuel (http://tonto.eia.doe.gov/oog/info/wohdp/diesel_detail_report_combined.asp).

AUTHORIZED ORDERING OFFICIALS

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

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

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

https://www.acquisition.gov/far/ http://www.da.usda.gov/procurement/policy/index.html http://fsweb.wo.fs.fed.us/aqm/fsar/

FAR 52.204-7 Central Contractor Registration FAR 52.236-6 Superintendence by the Contractor FAR 52.236-7 Permits and Responsibilities AGAR 452.236-73 Archaeological or Historic Sites AGAR 452.236-74 Control of Erosion, Sedimentation and Pollution

SECTION I – GENERAL

1.1 SCOPE OF WORK

The contractor shall provide all motor patrols, operators, laborers, fuel, transportation, licenses, permits and other supplies and equipment necessary to perform all work associated with road maintenance – surface blading on the Mark Twain National Forest, Poplar Bluff Ranger District. The maintenance work to be performed shall include surface blading of the road traveled way and shoulders and incidental cleanup and drainage work. The normal maintenance period will be April 8 to November 15. The Contractor shall follow all State and Federal regulations, including OSHA guidelines.

This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements of the technical specifications. Mileages listed have been determined by electronic distance meter.

1.2 LOCATION

The various roads to be bladed are located on the Poplar Bluff Ranger District of the Mark Twain National Forest. Specific locations, mileage data, and maps will be issued with each task order.

1.3 OPERATORS

Experience in the operation of motor graders used in this work is considered essential. All operators shall have experience in this type of work or demonstrate their ability to operate a motor grader. Operators not meeting these requirements will be subject to disqualification. Contractor will be responsible for removing obstructions in the roadway and ditchlines that the motor patrol does not remove. This will consist of removing loose rocks over three (3) inches in diameter from the roadway after blading operations and cleaning culvert inlets, outlets and catch basins to previously constructed lines so that the flow of water to and from the culvert is not impeded. This cleanup and drainage work shall be considered incidental to the surface blading.

1.4 EQUIPMENT

All equipment used in the work shall be of the proper type, of a sufficient size, in good operating condition, and otherwise meet the equipment specifications for each type of maintenance work. The Contracting Officer may order removal and replacement of any unsatisfactory equipment at the Contractor's expense. All equipment must meet all Federal and State licensing and safety requirements. Exhaust stacks of all engines, except those with exhaust-driven turbocharges, shall be equipped with spark arresters that will prevent the expulsion of sparks. The moving of equipment shall be considered incidental to the contract.

1.5 SAFETY

1.5.1. The Contractor shall exercise due caution and care when working to prevent undue conflict with public users of roads. Roads shall remain passable to traffic during the Contractor's operations.

1.5.2. Flashing signals and a reflectorized slow moving vehicle emblem shall be installed on all slow-moving equipment (i.e., road graders, tractors, trucks, etc.) working on the roadway so that they are visible to oncoming traffic.

1.5.3. The Contractor shall post warning signs on both ends of the section of the roadway being worked to warn road users of the work in progress. Signs shall be of the size, number, and colors as required in Section 6B-25 of the current edition of the "Manual on Uniform Traffic Control Devices." Signs will be moved as needed so that a sign does not precede or lag machinery by more than one mile. Signs shall be posted only when machinery is actually working.

1.5.4. All work shall be scheduled so that at the end of a day's work, the road is passable for the type of traffic normally using the road. Road Maintenance segments will generally not be permitted to exceed one (1) mile intervals on through roads and two (2) mile intervals on dead-end roads.

1.5.5. No berms or windrows of material shall be left on a road overnight. If it is necessary to leave a berm on the roadway overnight it shall be properly signed as a hazard and visibly illuminated at night (See Manual of Uniform Traffic Control Devices, Section 6E-5, Lighting Devices).

1.6 DAMAGE TO PROPERTY

The Contractor shall be responsible for any damage caused by his/her personnel or equipment to any existing structures such as culverts, signs, cattleguards, and riprap protecting culvert inlets and/or outlets. Damaged items shall be repaired or replaced by the Contractor at no additional cost to the Government.

1.7 POLLUTION AND EROSION CONTROL

During all operations under this contract, the Contractor shall take reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas, shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved landfills or as approved by the Contracting Officer's Representative (COR).

1.8 BOUNDARIES

The road right-of-way will be considered as the boundaries.

1.9 SALVAGE RIGHTS

No salvage rights exist under this contract.

1.10 RE-MEASUREMENT

The Contractor may at any time after issuance of a task order request re-measurement of miles. The request must be in writing. Payment will be based on the re-measurement of the mileage, except no adjustment shall be made for miles less than 0.1 mile. The Contractor shall pay for the cost of re-measurement if the re-measurement results in an increase of less than 10 percent. Method of re-measurement to be used will be determined by the Government.

1.11 PAYMENT

Payment for performed work will be based on actual miles completed by the Contractor and accepted by the Government. Payment will be processed for completed miles only, for a minimum amount of $1,000.00 and no more frequently than once per month.

1.12 CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, understand English, and communicate with his crews.

1.13 PROTECTION OF IMPROVEMENTS

Any improvements damaged by the contractor’s work shall be repaired to the condition that existed prior to the start of work at the contractor’s expense.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

2.2 TECHNICAL DEFINITIONS

SECTION III – GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

3.1 GOVERNMENT FURNISHED PROPERTY

The Government will furnish the following:

SECTION IV – CONTRACTOR FURNISHED ITEMS/SERVICES

4.1 CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall provide all motor patrols, operators, laborers, fuel, transportation, licenses, permits and other supplies and equipment necessary to perform all work associated with surface blading the traveled roadway and shoulders of gravel-surfaced roads.

SECTION V – PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

5.0 ROAD MAINTENANCE

The contractor shall perform the following tasks and subtasks to the quality performance standards addressed in Section VII or as indicated below each task/subtask.

5.1 SURFACE BLADING OPERATIONS

5.2 INSPECTION AND TESTING

5.3 DOCUMENTATION

The contractor shall provide the following documentation:

5.3.5 Safety Plan

5.3.6 Fire Suppression Plan

SECTION VI – GOVERNMENT PUBLICATIONS/ INDUSTRY STANDARDS/

STATE AND GOVERNMENT STANDARDS/TECHNICAL EXIBITS

NUMBER/DATE

TITLE

AGENCY

NUMBER

OF

PAGES

Attachment A

Contractor Information Sheet

U. S. Dept. of Agriculture Forest Service

Attachment B

Experience/Past Performance Questionnaire

U. S. Dept. of Agriculture

Attachment C May 2010

Standard Specifications for Road Maintenance Activities

U.S. Dept. of Agriculture

Attachment D Wage Determination No.: 1997-0149 Revision No. 23 Date of Rev.: 06/13/2011

Forestry and Land Management Services State: Missouri Area: Missouri Statewide

U.S. Department of Labor Employment Standards Admin.

Wage and Hour Division

Attachment E December 2009

Manual of Uniform Traffic Control Devices (MUTCD) http://mutcd.fhwa.dot.gov/kno_2009.htm

U.S. Dept. of Transportation Federal Highway Administration

Included By Reference

SECTION VII – PERFORMANCE REQUIREMENTS/QUALITY/

QUALITY ASSURANCE SURVEILLANCE PLAN

7.1 PERFORMANCE STANDARDS

Task/ Subtask

Quality/ Performance Standards

Acceptable Quality Level (AQL)

Inspection Type

Negative Incentives

Positive Incentives

Periodically witness contractor inspection

Independent Government verification Rework at no cost to the Government

Non-payment for roads that cannot be reworked

Acceptance with consideration

Less than satisfactory performance evaluation

Non-compliant contractor inspection system: Contractor bears 100% of government inspection cost Satisfactory or better performance rating

QUALITY ASSURANCE SURVEILLANCE PLAN

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement (PWS) in this contract. This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

Define the roles and responsibilities of participating government officials and the contractor;

Identify the types of work to be performed and the inspections to be performed to validate adequacy;

Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task;

Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;

Describe the process of performance documentation.

The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services. The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The following government officials will participate in assessing the quality of the contractor’s performance. Their roles and responsibilities are described as follows:

The Contracting Officer’s Representatives’ (COR’s) responsibilities will be listed on their designations and may include the following: monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government, witnessing the contractor’s performance of the inspections performed by the contractor or will evaluating the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work, and primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

The Contracting Officer (CO) will have overall responsibility for overseeing the contractor’s performance and for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s and the contractor’s version.

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform all work associated with road maintenance – surface blading and to perform inspections at the completion of each road segment, as a minimum, where work is performed.

D. METHODS OF GOVERNMENT SURVEILLANCE

The government COR will perform periodic, independent inspections. The contractor shall be required to rework/repair or replace any work that does not meet the performance requirements of the contract.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

1. The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a Form, a Memo for record or an entry in a daily or weekly diary. The form when completed will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

2. The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Requirements stated in the contract either in Section V or the Standard Specifications for Road Maintenance Activities (Attachment C).

3. The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected and need not be substantiated.

4. The contractor shall furnish (weekly, at a minimum) to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO will immediately discuss every event receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. Upon completion of the contract/task order the COR will conduct a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

REPRESENTATIONS AND CERTIFICATIONS

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision— “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.

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

(1) 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

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

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply…