AG-82BH-S-15-0023_Sol_pgs_3-30_amend_01.docx

AG-82BH-S-15-0023 amend 0001 Pike & San Isabel NF’s Roads Construction IDIQ Page 28 of 30

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SECTION B – SCHEDULE OF ITEMS

PIKE & SAN ISABEL NATIONAL FORESTS

The quantities of supplies and services specified in the Schedule are for estimating and evaluation purposes only and are not purchased by this contract. The quantities listed are an estimate of what typical quantities would be for pay items that may be included in a task order. See General Notes – Mobilization Pay Items

Unit Price Opt. Year Two (2) Unit Price Opt. Year Three (3) Unit Price Opt. Year Four (4) Unit Price Base Year Total Price

Unit Price Opt. Year Two (2) Unit Price Opt. Year Three (3) Unit Price Opt. Year Four (4) Unit Price Base Year Total Price

Unit Price Opt. Year Two (2) Unit Price Opt. Year Three (3) Unit Price Opt. Year Four (4) Unit Price Base Year Total Price

Unit Price Opt. Year Two (2) Unit Price Opt. Year Three (3) Unit Price Opt. Year Four (4) Unit Price Base Year Total Price

Schedule General Notes:

1) The base of operations location shall be used for mobilization distance determination purposes. Base of Operations should be the location where the equipment is staged but may be any business office location. Some task orders may be based on shorter distances, if the affected equipment is closer to the project site than the base of operations (e.g., mobilization from one project site to another).

2) Mobilization shall be for one time per job. Mobilization will not be paid for the return trip to the base of operations, or for re-mobilization to the same project (e.g., equipment taken back to the base of operations for the weekend, poor project planning, demobilization prior to final inspection and acceptance) unless agreed to in advance by the Contracting Officer.

3) Mobilization covers movement of personnel, equipment, supplies, and incidentals to or from the project area. Requirements and provisions shall follow Section 151 in the FP-14 specifications. Payment will be made at the accepted rates shown on the bid schedule for each corresponding piece of equipment, as applicable. Separate mobilization pay items for each type of major equipment anticipated under the contract are shown in the Schedule of Items.

4) Mobilization of equipment for which a separate mobilization pay item is not shown on the Schedule of Items shall be considered incidental to the work pay item requiring that equipment. Pickup trucks, chase vehicles, dump trucks, haul vehicles, etc. shall be considered incidental to the pay items shown in the Bid Schedule, and no separate payment will be made for their use. If the Contracting Officer agrees that the equipment needed is a major part of the work it may be negotiated and added to the Schedule of Items.

5) Mobilization Item 151(13)M shall include any equipment and transportation necessary to perform Pay Item 303(58) according to specification. Equipment needed to perform the work may consist of motor grader, backhoe, dozer, track mounted excavator w/ hammer attachment, skid steer, wheel loader, water truck, and mobile rock crushing unit. Additional equipment may or may not be needed and unit costs shall be determined by Task Order if applicable based on project design.

6) Pay Item 151(12) Bonding is a percentage unit price and shall be used for any Task Order between $30,000 and $250,000. The Pay Item is calculated by adding all mobilization pay item costs with all work pay items costs and then multiplying it by the percentage unit price.

7) Pay Item 152(01) Construction Survey and Staking shall be performed according to FP-14 Specification 152. Unit costs shall be determined by Task Order if applicable based on project design.

8) Pay Item 157(02) Soil Erosion Control structures shall be installed according to FP-14 Section 157 and the drawing detail.

9) Pay Items 202(55) and 202(55)A assume trees removed shall be limbed, with an on-site lop-and-scatter disposal method. Merchantable material shall be hauled and placed in a F.S.-designated stockpile site within five miles of the tree location, unless otherwise arranged by and paid for by the Contracting Officer. Work under these Pay Items does not include grubbing of stumps, which shall be covered separately, as needed.

10) Pay Item 204(01) involves excavation, placement, and compaction of common/ripable earthen materials for minor roadway and/or trail construction. Cut and fill quantities shall balance out. Bid prices should assume a haul distance not to exceed 1 mile one-way from the work location. Distances exceeding this amount shall paid under Pay Item 204(02), Load and Haul Material. Unit Price should reflect cost per 1 CY, future task order quantities will reflect CY excavation and paid for as a LS.

11) Pay Item 204(02) will be paid for hauling excavated material beyond 1 mile under pay item 204(01). Unit Price should reflect cost per 1 CY, future task order quantities will reflect CY excavation and paid for as a LS.

12) Construct Pay Item 204(20)A & B according to FP-14 Section 204 and the drawing detail in the contract.

13) Pay Item 204(24) Haul shall include ton/mile costs for hauling of excavation, aggregate, pit run, rip rap, borrow material, etc. to cover project hauling not covered in other specifications.

14) Pay Item 211(03)A Roadway Obliteration, Method 1 shall be performed according to Supplemental Specification 211. The intent of this pay item is to re-contour to match original/existing round contour. Unit costs shall be determined by Task Order if applicable based on project design.

15) Pay Item 211(03)B Roadway Obliteration, Method 2 shall be performed according to Supplemental Specification 211. The intent of this pay item is to reshape/outslope existing road bed to drain.

16) Pay Item 211(03)C Roadway Obliteration, Method 3 shall be performed according to Supplemental Specification 211. The intent of this pay item is to scarify ground to a 12” depth.

17) Pay Item 230(01) Roadside Brushing shall be performed according to Supplemental Specification 230 and the drawing detail in the contract.

18) Pay Item 251(02) Placed Riprap, Class “4” shall be installed according to FP-14 Section 251. Pay Item shall include furnishing, hauling, and placing the specified material. Bid prices should assume a haul distance not to exceed 40 miles one-way from the nearest acceptable commercial source to the project site. Distances exceeding this amount shall be negotiated and covered separately, as needed.

19) Pay Item 258(01) includes installation, excavation, and backfill of pre-cast modular concrete retaining wall blocks according to FP-14 Section 258 and Contracting Officer direction, design, and layout. Unit bid rate should be based on locally available backfill material. Unit costs shall be determined by Task Order if applicable based on project design.

20) Pay Items 301(01)B, 301(01)C, 301(01)D, & 301(15) shall include furnishing, hauling, and placing the specified material. Bid prices should assume a haul distance not to exceed 40 miles one-way from the nearest acceptable commercial source to the project site. Distances exceeding this amount shall be negotiated and covered separately, as needed. Measure according to Subsection 109.03. Mobilization of haul trucks shall be incidental to each item, no extra cost shall be paid to mobilize dump or haul trucks to the project site.

21) Pay Item 301(01)A, involves placement only. Any materials shall be Government-Furnished.

22) Pay Item 303(58) Road Reconditioning – In Place Rock Crushing shall be performed according to Supplemental Specification 303. Unit costs shall be determined by Task Order if applicable based on project design.

23) Pay Items 602(01) and 602(02) assume excavation achievable with a backhoe or trackhoe. Solid material requiring the use of hydraulic hammers or blasting shall be covered separately. Imported bedding and backfill material will be considered incidental to culvert pipe installation. Bid prices should assume a maximum burial depth of 5 feet below existing road surface. Depths exceeding this amount shall be negotiated and covered separately, as needed. Bid prices should assume a dry installation method. If a wet installation method is needed then this unit price shall be negotiated and covered separately. Bid prices should assume using annular corrugated metal pipe. Culverts shall be installed AS SHOWN ON THE DRAWINGS. Catch basin and/or outlet ditch construction shall be incidental to each item. Riprap to line catch basins and/or outlet ditches shall be paid under Item 251(02).

24) Pay Item 619(02) shall include transporting and installing Government-Furnished gate. Each task order shall detail the specific location of the gate to be installed. Bid prices should assume a haul distance not to exceed 40 miles one-way from the gate location to the project site. Haul distance exceeding 40 miles shall be paid under Item 204(25). Install gate according to FP-14 Section 619 and the drawing detail in the contract. All gate installations require concrete, and signage as shown in the drawing detail. Concrete for anchoring locking open, locking closed, and hinge posts shall be Sakrete 5000 Plus High Strength Concrete Mix or equal as approved by the Contracting Officer. Retro-reflective signs shown in the drawings shall be provided by the contractor and are incidental to this item. Contractor shall prime and paint all field welds and any other areas of exposed metal resulting from installation.

25) Traffic control for all Pay Items shall be considered incidental, with the exception of work requiring flaggers which shall be covered under Pay Item 623(01) – General labor.

26) Pay Item 623(01) General Labor is intended to cover hand labor and operation of small mechanical equipment not otherwise covered by specific equipment operator requirements (e.g. chainsaws, “whacker-packers’).

27) Pay Item 625(01) Seeding, Dry Method shall be performed according to Supplemental Specification 625. Unit Price should reflect cost per 1 Acre, future task order quantities will reflect Acre(s) of seeding and paid for as LS.

28) Pay Item 633(10), 633(90)A, and 633(90)B shall be performed according to the Manual on Uniform Traffic Control Devices (2009 Edition) and the Forest Service Sign Installation Guide, Publication No. 1071 2812P. The Sign Installation Guide can be downloaded from http://www.fs.fed.us/t-d/pubs/.

29) Pay Items 805(01), (02), and (03) require cleaning culverts by any means necessary (flushing, jetting, vac-truck, etc.) to remove all material inside the full pipe diameter for the number of linear feet of pipe shown on the task order. Rental of specialized equipment and any other costs associated with completing this work are incidental to these items and shall not be paid separately. Bid prices should assume a Forest Service water source available within 15 miles of each culvert flushing site. Water haul distance exceeding 15 miles or generation of non-Forest water sources shall be paid under item 809(01) - Water Supply.

30) Pay Item 808(01) Cattle guard Cleaning requires cleaning the area beneath the cattle guard deck, generally accomplished by removing the deck. The costs for additional maintenance needed such as welding or replacing parts shall be negotiated and covered separately, as needed.

31) Pay Item 809(01) Developing Water Supply and Watering unit costs shall be determined by Task Order if applicable based on project design.

32) Pay Item 850(01)A covers road maintenance items and includes all aspects of maintenance required by Special Project Specification 850. Pay Item 850(01)B is a travelway maintenance item and shall be performed in accordance with subsection 850.06; it is for roadway surface maintenance and minor drainage maintenance.

33) Pay Item 860(01)A covers road maintenance items and includes all aspects of maintenance required by Special Project Specification 860. Pay Item 860(01)B is a travelway maintenance item and shall be performed in accordance with subsection 860.06; it is for roadway surface maintenance only, and does not include other related work, such as drainage maintenance or vegetative clearing.

34) The Contractor is required to call Digger’s Hotline to obtain a utility line locate before any ground disturbance on any task order. The Forest Service will try to provide as much information about any utilities known but it is the Contractor’s responsibility to locate all utility lines.

35) The Contractor is required to submit a Construction Schedule for each Task Order awarded. See Supplemental Specification 155 for requirements. Contractor shall have construction schedule approved prior to commencement of work.

36) Pay Items not listed in the Schedule of Items that are similar in scope but vary slightly because of the detail of work may be modified to the contract on an individual Task Order basis. Unit costs shall be determined by Task Order if applicable based on project design.

37) Hour (HR): All hours worked under a pay item as "on-shift" in performance of actual work necessary for the performance of pay item. Hours do not include "off-shift" time allowed for transportation to the worksite, breaks, or any time equipment sits idle on site. The minimum computation time allowance is increments of 15 minutes. Rates will be in accordance with the applicable pay item in the schedule.

38) Pay Item 204(25) includes hauling government furnished gate materials distances beyond the 40 miles incidental to items 619(02) or 619(03).

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 Scope of Contract Pike & San Isabel NF’s Road Construction IDIQ Contract located within the Pike & San Isabel National Forests. By design, an Indefinite Delivery, Indefinite Quantity (IDIQ) contract allows the Government to respond to various emergencies and light construction needs rapidly, without committing to a specific quantity or type of work. When a project is initiated, a Task Order will be offered to the awarded Contractor that outlines the project needs, equipment needs, dates, and specific project location. The resulting Task Orders will be competed among the awardees and evaluated based on a best value to the Government determination. Section C.2 Description of Work below outlines, in a general sense, the various types of work that may be offered as a Task Order under this IDIQ Contract.

C.2 Description of Work The project includes, but is not limited to, the following work: road construction and re-construction, emergency road construction due to major emergencies such as landslides, blizzards, flooding, fire, etc.; road and/or parking area construction, reconstruction, reconditioning, maintenance, decommissioning; trail construction, reconstruction, reconditioning, maintenance, and decommissioning; vegetative clearing, grubbing, and brushing; culvert installation and repair; road/stream interaction projects; aquatic organism passage projects, erosion control, sign installation and repair; cattleguard installation and repair; gate installation and repair including minor concrete forming and finishing; recreational site construction, reconstruction, reconditioning, and maintenance; material haul; haul and placement of imported borrow or aggregate, and other related road work as described in the Statement of Work under each individual Task Order issued under this contract. Contractor shall provide all necessary heavy equipment, manpower, transportation and operating supplies and other incidentals to accomplish this work.

C.3 Location of Project The project area is described herein and shown on the attached maps (See Section J, List of Attachments). The work is located within the Pike & San Isabel National Forests.

C.4 Performance of the Work All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in Section J attachment J.1 and the Task Order. When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). See General Notes in Section B for discussion of compensation for traffic control work. All work shall be conducted by personnel fully qualified to perform such tasks assigned and shall be supervised by an onsite designated Contractor’s Representative.

C.5 Equipment All equipment shall be in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All repairs to equipment under this contract shall be made and paid for by the Contractor.

The equipment listed in the Schedule of Items constitutes the minimum mandatory equipment to be furnished and operated under this contract. Failure to furnish rates for this equipment will render the offer non-responsive. Larger equipment maybe used except in such cases that oversized equipment would result in unacceptable ground disturbance or be counterproductive. Equipment substitutions must be requested in writing and must be approved by the Contracting Officer prior to use.

Equipment may be owned, rented, or subcontracted.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands. If using equipment on multiple Task Orders at one time or if there are long mobilization distances between sites on the same Task Order, the Contracting Officer may require cleaning of equipment between the project sites. See Supplemental Specification 171 - Weed and Disease Prevention.

C.6 Equipment and Materials Storage & Staging Upon concurrence from the Contracting Officer, certain areas on the National Forests may be used on a case-by-case basis for storage of equipment and/or materials during active construction and/or maintenance periods. The Contractor shall be responsible for protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C.7 Routine Road Maintenance- Gravel and Native Surfaced Roads When the task order calls for routine blading (road grading) of forest roads, equipment operators with no previous national forest road maintenance experience shall view a short (18-minute) video on proper road maintenance techniques prior to beginning work. The operator shall work in a manner that closely follows the techniques shown in the video.

C.8 References in the Statement of Work/Specifications Any reference in this solicitation to Engineer, Forest Engineer, Project Engineer, Forest Service, COR, shall be replaced with Contracting Officer.

C.9 Standard Specifications “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14”, U.S. Customary Units, is applicable for this project, and is included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting work. These specifications can be viewed at no cost on the FHWA website, which also gives ordering information: http://flh.fhwa.dot.gov/resources/specs/

Section J of this contract contains Supplemental and Special Project Specifications that supplement and/or modify the Standard Specifications. The Standard, Supplemental, and Special Project Specifications shall all be used in conjunction with each other to properly determine the correct specification for each Pay Item in the Schedule of Items.

C.10 Government Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Unless otherwise agreed upon, any Government-Furnished Property incorporated into the work shall be furnished and delivered to or near the project site(s) by the Government.

Government will make available 18 minute video as described in Section C.7 Routine Road Maintenance – Gravel and Native Surfaced Roads for the contractor to review and return to the Government.

Government will provide official National Forest Maps and specific vicinity maps for each task order issued.

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.

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

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

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (APR 1996)

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: On Site or specified in each Task Order

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 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 date stated in each individual Task Order. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work. (APR 1984)

452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from Date of Award through one (1) year from award date. All Task Orders shall be performed within the performance period specified in the task order.

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from 365 days from award date. There will be four (4) one year optional years that may be exercised at the discretion of the Government.

SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference

G.1 INVOICES & PAYMENTS

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

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 previous communications from USDA and Treasury.

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 Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract, Task Order or Purchase Order numbers Invoice Number Description of Services or work completed.

Date of services or completion.

G.2 FOREST SERVICE REPRESENTATIVES:

Toinette Aranda shall serve as the Contracting Officer (CO) on this contract. The Contracting Officer has full warrant authority over all contract issues. The CO can be reached at 719-553-1431 or tparanda@fs.fed.us.

A Contracting Officer Representative (COR) will be appointed for this contract upon award. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

Task Order Administrative Contracting Officer’s (ACO’s) will be appointed at the time of award of each Task Order.

G.3 CONTRACT ADMINISTRATION DATA

Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.4 TASK ORDERS: Task orders will be competed among the awardees and evaluated based on a best value determination. When a project is initiated, a Task Order will be offered to the awarded Contractor that outlines the project needs, equipment needs, dates, and specific project location(s). The Contracting Officer shall submit an executed task order to the Contractor. The Contractor shall schedule work to minimize impact on road use when possible.

All work will be ordered by Firm-Fixed price TASK ORDERS (TO) at the prices listed on the Schedule of Items through the Base Period and each Option Year exercised. The price may change only by a written modification to the task order signed by the Contracting Officer and the Contractor.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

(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.

4G52.222-704 Personal Protective Equipment The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.1 PREWORK CONFERENCE

After issuance of any Task Order award and prior to commencement of work, the Contractor shall attend a meeting to discuss the Task Order terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H. 2 FIRE PREVENTION AND CONTROL

See Section J Attachments

H3 AGAR Advisory Number 96 Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) will be used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

SECTION I - Contract Clauses

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 entire award base period and for each succeeding year if and as options to extend the term of the contract are exercised by the Government in accordance with FAR 52.217-9.

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

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

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, 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 -

(1) Any order for a single item in excess of $150,000.00;

(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 ten (10) 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 five (5)days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the award or each exercised option, whichever is the later.

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 ten (10) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 calendar 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 five (5) years

52.225-9 Buy American–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…