Solicitation_AG-7DF5-S-17-0001.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

NATIONAL FORESTS IN TEXAS

2221 N RAGUEST STREET

LUFKIN TX 75904

7DF5

Jay Tobin (jtobin@fs.fed.us)

USDA Forest Service 100 Reserve Street Hot Springs AR 71901

JAY TOBIN 501-321-5324

1x 12/29/2016

AG-7DF5-S-17-0001

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

CULVERT INSTALLATION

FOR THE NATIONAL FORESTS AND GRASSLANDS IN TEXAS

This project consists of removing and replacing culverts and associated items of work on system roads as further described in Section B, Schedule of Items, and

Section C, Statement of Work.

This solicitation will result in Indefinite Delivery - Indefinite Quantity (IDIQ)

Multiple Award Task Order Contracts (MATOC) as best meets the needs of the

Government as determined by the awarding Contracting Officer on the basis of technical capability, past performance, and price. These contracts will have a base period, which runs through December 31, 2017 and three option years, which if exercised could extend contract performance through December 31, 2020. There is no guarantee that any options will be exercised by the Government.

Individual task orders will be competed among MATOC awardees. The Government expressly reserves the right to limit competition in order to meet minimum contract obligations or as may otherwise be determined to be in its best interests. The

Government reserves the right to adjust the quantity ordered on any task order based

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10 in Section F

01/31/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

OUACHITA NATIONAL FOREST

100 RESERVE STREET

HOT SPRINGS AR 71901

7A86

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-7DF5-S-17-0001

on the availability of funds.

Offerors may quote on any or all items for one or multiple Ranger Districts. Offerors may also limit the total amount of work they might accept by addressing any such limitations in their

Technical Proposal. When quoting on multiple items, offerors shall identify the priority of those items and the maximum amount of work that may be undertaken. Contractors must "opt out" of task orders and identify their reason(s) for not submitting an offer; contractors who consistently fail to submit an offer on task orders risk not having their option renewed and could forfeit their minimum guarantee.

AUTHORIZED ORDERING ACTIVITIES: Task orders may only be issued by warranted contracting officers or purchasing agents on behalf of the National

Forests and Grasslands in Texas.

FOB: Destination

001 Culvert Replacement

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

EQUAL OPPORTUNITY CLAUSE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means for communication of program information

(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600

(voice and TDD). To file a complaint of discrimination,Washington, DC 20250-9410, or call

(800) 795-3272 (voice) or (202) 720-6382 (TDD).

USDA is an equal opportunity provider and employer. write to USDA, Director, Office of

Civil Rights, 1400 Independence Avenue, S.W., Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-7DF5-S-17-0001

Washington, DC 20250-9410, or call (800) 795-3272

(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-7DF5-S-17-0001

Culvert Replacement

National Forests and Grasslands in Texas

TABLE OF CONTENTS

SECTION B – Schedule of Items

SECTION C – Statement of Work

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

SECTION F – Deliveries or Performance

SECTION G – Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits and Other Attachments

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

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

SECTION M - Evaluation Factors for Award

SECTION B – Schedule of Items

Angelina Sabine, Davy Crockett and Sam Houston Ranger Districts

Item Description Unit Estimated Quantity*

Base Year

Option Year 1

Option Year 2

Option Year 3

15101 Mobilization LS 2 $ $ $ $

15702 Silt fence Foot 200 $ $ $ $

20104 Clearing and grubbing, disposal of tops and limbs

Acre 1 $ $ $ $

20302 Removal of existing culvert Each 60 $ $ $ $

20407(C) Select borrow, compaction method ‘B’, (Commercial)

Cubic Yard 100 $ $ $ $

25102 Placed riprap, class ‘III’ Ton 50 $ $ $ $

25116 Geotextile, type

‘IV-B’

Square Yard 100 $ $ $ $

32209(F) Aggregate surface course, TXDOT Grade A, Type 2 method ‘B’

Ton 50 $ $ $ $

60211(18) 18 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(24) 24 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(30) 30 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(36) 36 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(42) 42 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(48) 48 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(54) 54 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(60) 60 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

Base Year

Option Year 1

Option Year 2

Option Year 3

60211(66) 66Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(72) 72Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60253(53)

53 Inch Span, 41 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

Foot 40 $ $ $ $

60253(66)

66 Inch Span, 51 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

Foot 40 $ $ $ $

60253(81)

81 Inch Span, 59 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

Foot 40 $ $ $ $

60258(18) 18 Inch Reinforced concrete pipe, class III Foot 40 $ $ $ $

60258(24) 24 Inch Reinforced concrete pipe, class III Foot 40 $ $ $ $

60260(22)

22 Inch Rise, 13.5 Inch span, arch-shaped reinforced concrete pipe, class A-III

Foot 40 $ $ $ $

60260(28)

28.5 Inch Rise, 18

Inch span, arch-shaped reinforced concrete pipe, class A-III

Foot 40 $ $ $ $

62527

Seeding, Fertilizing, and Mulching, Hydraulic or Dry Method

Acre 1 $ $ $ $

63501 Temporary traffic control

Lump Sum 2 $ $ $ $

All culverts will be subject to compaction method ‘B’ and all steel pipe culverts will be polymer coated.

Item Nos. 60211(18), 60211(24), 60211(30), 60211(36), 60211(48), 60253(21), 60253(28), 60253(35), 60253(42) and 60253(49) will have 2 2/3” x 1/2” corrugations.

Item Nos. 60211(60), 60211(72), 60253(53), 60253(66) and 60253(81) will have 3” x 1” corrugations.

Caddo LBJ Grasslands

Base Year

Option Year 1

Option Year 2

Option Year 3

15101 Mobilization LS 2 $ $ $ $

15702 Silt fence Foot 200 $ $ $ $

20104 Clearing and grubbing, disposal of tops and limbs

Acre 1 $ $ $ $

20302 Removal of existing culvert Each 60 $ $ $ $

20407(C) Select borrow, compaction method ‘B’, (Commercial)

Cubic Yard 100 $ $ $ $

25102 Placed riprap, class ‘III’ Ton 50 $ $ $ $

25116 Geotextile, type

‘IV-B’

Square Yard 100 $ $ $ $

32209(F) Aggregate surface course, TXDOT Grade A, Type 2 method ‘B’

Ton 50 $ $ $ $

60211(18) 18 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(24) 24 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(30) 30 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(36) 36 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(42) 42 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(48) 48 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(54) 54 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(60) 60 Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(66) 66Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

Base Year

Option Year 1

Option Year 2

Option Year 3

60211(66) 66Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60211(72) 72Inch Corrugated Steel Pipe .064 Inch Thickness

Foot 40 $ $ $ $

60253(53)

53 Inch Span, 41 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

Foot 40 $ $ $ $

60253(66)

66 Inch Span, 51 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

Foot 40 $ $ $ $

60253(81)

81 Inch Span, 59 Inch Rise Corrugated Steel Pipe Arch, .079 Inch Thickness

Foot 40 $ $ $ $

60258(18) 18 Inch Reinforced concrete pipe, class III Foot 40 $ $ $ $

60258(24) 24 Inch Reinforced concrete pipe, class III Foot 40 $ $ $ $

60260(22)

22 Inch Rise, 13.5 Inch span, arch-shaped reinforced concrete pipe, class A-III

Foot 40 $ $ $ $

60260(28)

28.5 Inch Rise, 18

Inch span, arch-shaped reinforced concrete pipe, class A-III

Foot 40 $ $ $ $

62527

Seeding, Fertilizing, and Mulching, Hydraulic or Dry Method

Acre 1 $ $ $ $

63501 Temporary traffic control

Lump Sum 2 $ $ $ $

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.

Payment will be made on actual work performed as described in the specifications unless otherwise noted.

Quantities shown are estimates and not guaranteed.

REQUIREMENTS: OFFERORS MUST BE REGISTERED TO SAM IN ACCORDANCE WITH FAR

52.204-7 AND RESPOND TO ALL INSTRUCTIONS INCLUDED IN SECTION L. OFFERORS

WHO FAIL TO MEET THESE REQUIREMENTS WILL NOT BE CONSIDERED FOR AWARD.

SECTION C – Statement of Work

OVERVIEW

This solicitation will result in Indefinite Delivery - Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) as best meets the needs of the Government as determined by the awarding Contracting Officer on the basis of technical capability, past performance and price. These contracts will have a base period, which runs through December 31, 2017 and three option years, which if exercised could extend contract performance through December 31, 2020. There is no guarantee that any options will be exercised by the Government.

Individual task orders will be competed among MATOC awardees. The Government expressly reserves the right to limit competition in order to meet minimum contract obligations or as may otherwise be determined to be in its best interests. The Government reserves the right to adjust the quantity ordered on any task order based on the availability of funds.

Offerors may quote on any or all items for one or multiple Ranger Districts. Offerors may also limit the total amount of work they might accept by addressing any such limitations in their Technical Proposal.

When quoting on multiple items, offerors shall identify any priority of those items and the maximum amount of work that may be undertaken. Contractors must “opt out” of task orders and identify their reason(s) for not submitting an offer; contractors who consistently fail to submit an offer on task orders risk not having their option renewed and could forfeit their minimum guarantee.

SCOPE OF CONTRACT

The work to be performed is comprised of installation of 18”, 24”, 30” 36”, 48”, 60” and 72” diameter;

21”x 15”, 28”x 20”, 35”x 24”, 42”x 29”, 49”x33”, 53”x 41”, 66”x 51”, and 81”x 59” arch polymeric or aluminum coated corrugated steel pipe as per the Schedule of Items. The work also includes installation of 18” and 24” diameter reinforced concrete pipe and pipe arch equivalents.

The work will include, but not be limited to, all bedding and backfill (borrow) required to complete the work; removal, and disposal of existing culverts off government property; placement of riprap; aggregate road surfacing; and seeding and mulching. Steel culverts 36” in diameter and larger will require step beveled ends when shown on the task order drawings. Culverts 40 feet less in length shall be one continuous pipe segment; no banding. Culverts longer than 40 feet may be banded.

PROJECT LOCATION

All work shall be performed on maintained Forest Service system roads within the National Forests and Grasslands in Texas.

PRICE RANGE

The Government estimated range will be provided on individual task orders.

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

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

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

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D - Packaging and Marking

{There are no clauses for this Section.}

SECTION E - Inspection and Acceptance

FAR 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F - Deliveries or Performance

FAR 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 the date indicated in individual task orders. The time stated for completion shall include final cleanup of the premises.

FAR 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is an indefinite-delivery indefinite quantity contract for a basic period of performance from date of award through December 31, 2017, plus two (2), one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period, if exercised.

Period of Performance Base - Date of Award through December 31, 2017 Option 1 - January 1, 2018, through December 31, 2018 Option 2 - January 1, 2019, through December 31, 2019 Option 3 - January 1, 2020, through December 31, 2020

SECTION G - Contract Administration Data

AGAR 452.215-73 Post-Award Conference. (NOV 1996)

A post award conference with the successful offeror(s) may be required. It will be scheduled within two – three weeks after the date of contract award. The conference will be held via telephone or in person at:

U.S. Forest Service

Supervisor’s Office 2221 N. Raguet Street

Lufkin TX 75904

G.1 INVOICES SHALL BE SUBMITTED TO:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

The successful offeror shall register at https://www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.2 FOREST SERVICE REPRESENTATIVES:

Jay Tobin shall serve as the Contracting Officer on this contract. He shall have full warrant authority over all contract issues. He can be reached at 501-321-5324 or jtobin@fs.fed.us.

A Contracting Officer Representative shall be appointed for this contract upon award. His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his/her contact information.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:jtobin@fs.fed.us

SECTION H - Special Contract Requirements

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor/ Superintendent.

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

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

SECTION I - Contract Clauses

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

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 these addresses:

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

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (JUL 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-14 Limitations on Subcontracting. (NOV 2011) FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2014) 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations.

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (MAY 2014) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-37 Employment Reports on Veterans. (FEB 2016) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.223-1 Biobased Product Certification. (MAY 2012) 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) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (DEC 1999) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.232-17 Interest. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APE 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236.26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.245-9 Use and Charges (APR 2012) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR) CLAUSES INCORPORATED BY REFERENCE:

452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, Alt I (FEB 2012)

452.236-71 Prohibition against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

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 contract award through all option periods that are 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 by electronic commerce methods.

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 $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within 90 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 seven 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.

AGAR 452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess $2,000,000.

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Affirmative Action for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

FAR 52.225-9 Buy American Act - Construction Materials. (MAY 2014)

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

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

___ Payment Bond _____________________ ___ Irrevocable Letter of Credit ___________ ___ Certificate of Deposit ________________

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ten (10) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

FAR 52.232-40 Providing Accelerated Payment 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.

FAR 52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

FAR 52.244-6 Subcontracts for Commercial Items. (JUN 2016)

(a) Definitions. As used in this clause—

“Commercial item and commercially available off-the-shelf item” have the meanings contained 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 non-developmental 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…