AG-82BH-S-16-0020_SF1449_Sol_cont_pgs_1_-23.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82BH

2840 KACHINA DRIVE

ATTN TOINETTE ARANDA

PIKE SAN ISABEL NATIONAL FOREST

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

237310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82BH

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/08/2016 1400 MT

05/18/2016

(719)553-1431TOINETTE ARANDA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-82BH-S-16-0020

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 23 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

PUEBLO CO 81008

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

PUEBLO CO 81008

2840 KACHINA DRIVE

ATTN TOINETTE ARANDA

PIKE SAN ISABEL NATIONAL FOREST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$36.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

US Forest Service requirement for FY16 North San Isabel NF Road Maintenance

Project Location: San Isabel National Forest, Salida & Leadville Ranger Districts

001 Perform Level 3 and Level 2 road maintenance, to include, erosion control, mobilization between roads, blading and shaping traveled way, cleaning all drainage structures, removal of obstructions, minor vegetation clearing, and removing or

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TOINETTE P. ARANDA

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

repairing slides/slumps, in accordance to attached specifications and technical specifications which herein are a part of any resultant contract

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

23 2 of

AG-82BH-S-16-0020

FY16 North San Isabel NF Road Maintenance Page 3 of 23

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FY16 North San Isabel NF Road Maintenance Page 4 of 23

SECTION B SCHEDULE OF ITEMS

Pay Item Description of Work Method of Measure

Est.

Quantity

Unit Unit Price Total Cost

151 (01)

Mobilization

AQ

L.S.

850 (01)

Level 2 Rd Maintenance

52.22

Mile

860 (01)

Level 3 Rd Maintenance

82.25

Mile

Company Name: _______________________________________

DUNS #: ________________________________

POC: ______________________________________ Phone # _________________________

E-Mail Address: ________________________________________

Tax Identification Number (TIN): __________________ (include dashes)

To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), www.sam.gov http://www.sam.gov/

FY16 North San Isabel NF Road Maintenance Page 5 of 23

DESCRIPTION OF WORK

C.1 SCOPE OF CONTRACT/DESCRIPTION OF WORK:

Furnish all material, equipment, transportation, supervision and labor necessary to provide Level 2 & Level 3 Road Maintenance and erosion control. All work shall be performed in accordance with standard industry practices for this type of work, and in accordance with the drawings & specifications of this contract. Existing conditions of Level 2 & 3 roads may be moderate to severe and should be looked at individually to determine the level of work needed before bidding.

Pay Items 850(01) and/or 860(01) covers all aspects of maintenance required by specifications 850 and/or 860 including surface & drainage maintenance, obstruction removal, vegetative clearing, and minor slough, slides, & slump removal. Pay Item 860(01) includes Level 3 roads. Pay Item 850(01) includes Level 2 roads.

Traffic Control shall be considered incidental to the corresponding pay item.

All Mobilization shall be covered under Pay Item 151(01). See Specification 151 for requirements.

Final payment will be based on actual quantities in the field.

When the work 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.

The successful bidder must have a DUNS number and be registered in SAM (System for Award Management) before being awarded the contract. Contact the CO with any questions regarding registration.

C.2 LOCATION OF PROJECT:

This project is located on the North part of the San Isabel National Forest. All roads are located on the Salida and Leadville Ranger Districts on the San Isabel National Forest. Also all roads are located west/northwest, and northeast of Salida, and to the southwest, southeast and north of Leadville. Salida can be reached by traveling southwest on Hwy 285 from Denver, west on Hwy 24 from Colorado Springs, and west on Hwy 50 from Pueblo. Leadville can be reached by traveling north on Hwy 24 from Salida. Refer to the location maps and road list for a detailed location of each road. All roads are located in Chaffee and Lake Counties.

C.3 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). 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.4 EQUIPMENT SPECIFICATIONS:

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.

The equipment to be used to complete the performance of this contract shall meet the following minimum standards.

--Road Grader - Motor patrol, self-propelled, tandem drive, with a mold board not more than fourteen (14) feet or less than twelve

(12) feet.

--Backhoe/Loader – Cat 416E or equivalent.

--Crawler Tractor/Dozer – Cat D4 or equivalent, with three (3) tooth ripper bar and angle dozer blade (6 way tilt preferred).

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. If equipment is different from above, submit a list with cost proposal. Contractor should discuss changes of equipment or questions with the CO before bidding or at the pre-bid conference if one is held.

FY16 North San Isabel NF Road Maintenance Page 6 of 23

Upon concurrence from the CO certain areas on the National Forest may be used for storage of equipment and/or materials during active 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.5 NOXIOUS WEEDS PREVENTION AND REQUIREMENTS:

All contractor and subcontractors performing work on National Forest System lands are required to use equipment and vehicles free of noxious weed seeds and/or propagating parts capable of producing a new noxious weed plant. This applies to ALL vehicles whether owned, leased or borrowed.

This shall be accomplished by washing with a pressurized hose all equipment and vehicles used for construction, maintenance and support work prior to entering the National Forest.

See Specification 171 for specific requirements.

C.6 SIGNS AND TRAFFIC CONTROL REQUIREMENTS:

In the performance of travel way maintenance, signs shall be located no more than 1 mile before and after the area of operation. Signs shall be posted only when work is in progress. Traffic warning signs shall be provided by the contractor. Cost is incidental and is included in the Pay Items corresponding to the road maintenance work. Signs must conform to the Manual of Uniform Traffic Control Devices (MUTCD). No hand made signs will be allowed. No work shall be allowed to commence until construction signs have been approved by the CO.

C.7 TRACTOR/DOZER VS. ROAD GRADER:

As a general rule, all Level I and Level II roads should be maintained with a tractor/dozer whereas all Level III roads should be maintained with a road grader (motor patrol). In some instances Level II roads can be maintained with a road grader. This item should be discussed with the CO during the pre-bid meeting. See Maps & Road Spreadsheet as they depict whether a grader or dozer could be used for a given ML2 road.

C.8 STANDARD SPECIFICATIONS:

“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03”, 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/fp-03.htm

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.9 DEFINITIONS:

Base Course - The layer or layers of specified or selected material of designed thickness placed on a subbase or subgrade to support a surface course.

Berm - Curb or dike constructed to control roadway runoff water.

Borrow - select material taken from designated sites to build up the roadway or other structures.

Bridge - a structure, including supports, erected over a depression or an obstruction, such as water, road, trail, or railway, and having a deck for carrying traffic or other moving loads.

Catch basin - A flat bottom basin constructed at the culvert inlet to improve the entrance conditions and to provide space for sediment and debris collection and removal.

Cattleguard – A structure constructed on the roadway used as a barrier for livestock. Barriers may be constructed of concrete, steel, or other materials.

Channel - A waterway (either natural or constructed) leading into or away from a culvert or bridge.

CO – Contracting Officer.

COR – Contracting Officer’s Representative.

Crown - The slope of the roadbed away from the centerline to provide for drainage.

Culvert - A conduit or passageway under a road, trail, or other obstruction. A culvert differs from a bridge in that it is usually constructed entirely below the elevation of the traveled way.

Cushion Material - Native or imported material generally placed over rocky sections of unsurfaced roads to provided a usable and maintainable traveled way.

Ditch - A relatively long narrow excavation placed to collect or disperse water.

Drainage ditch - A ditch constructed between the traveled way and the adjacent terrain for the purpose of transporting water that leaves the road surface or cut slope.

http://flh.fhwa.dot.gov/resources/specs/fp-03.htm

FY16 North San Isabel NF Road Maintenance Page 7 of 23

Lead-off ditch - A ditch used to remove water from drainage ditches.

Outlet ditch - A ditch used to provide drainage from culverts, cattleguards, drainage dips, or other structures.

Intercept ditch - Any ditch which normally parallels the road centerline and diverts water from natural flow patterns to protect road slopes, roadbed, or downslope areas. Intercept ditches may be located within the roadway or roadside, but as used in this definition excludes drainage ditches.

Drainage dip - A uniform depression constructed within the roadbed surface which allows routine passage of vehicles while diverting water from the traveled way.

Drawings - Depictions detailing maintenance contemplated including all road listing diagrams, maps, and performance schedules included in the contract.

Drop Inlet - A vertical conduit used as an inlet to a culvert.

Equipment - All machinery, operating supplies, and tools necessary for the proper performance and acceptable completion of the work.

Excess Material - Material obtained from maintenance operations on the roadway which is excess to that needed for maintenance of the roadway.

Grade - The vertical rise or fall of the finished surface of a roadway or ditch centerline. Grade is expressed as a percent calculated as rise in feet over run in feet times one-hundred (100).

Inspector – Contracting officer’s official project inspector.

Invert - The bottom of the inside of a conduit or culvert.

Materials - Any substances specified for use in the performance of the work.

Measurement - Method of determining and expressing the quantities of work.

Outslope/inslope - The slope of the roadbed from the cutslope to provide for drainage. Applies to roads without a crown.

Pavement Structure - Subbase, base, or surface course, or combination thereof, placed on a subgrade to support the traffic load and distribute it to the roadbed.

Right-of-way - A general term denoting land, property, or interest acquired for or devoted to a road.

Roadbed - The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade.

Roadside - A general term denoting the area adjoining the outer edge of the roadway.

Roadway - The portion of the road within the limits of excavation and embankment.

Shoulder - The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of pavement structure.

Slide - A concentrated deposit of materials from above or on the backslope extending onto the traveled way or shoulders that has been deposited by mass land movements.

Slough - Materials eroded or raveled from back slope which partially or completely block the ditch, but do not encroach on the traveled way so as to block vehicular passage.

Slump - A localized portion of the roadbed which has slipped downward or otherwise become lower than that of the adjacent roadbed and constitutes a hazard to traffic.

Subgrade - Top surface of roadbed upon which subbase, base, or surface course is constructed. For roads without base course or surface course, that portion of roadbed prepared as the finished wearing surface.

Surface Course - The top layer of a pavement structure, sometimes called the wearing course, usually designed to resist skidding, traffic abrasion, and the disintegrating effects of climate.

Trash rack - A structure (usually constructed from vertical bars) which is designed to prevent trash and other debris from entering and blocking a culvert.

Traveled Way - The portion of the roadway provided for the movement of vehicles, exclusive of shoulders on asphalt paved roads. For purpose of this contract, traveled way includes turnouts and curve widening.

Turnouts - A short auxiliary lane provided for passage of on coming vehicles.

Unsuitable material - Material that is not suitable to be incorporated into the work.

Waterbar - A drainage structure constructed across the roadbed surface to divert water from the road surface. Vehicular passage is not a consideration.

See Section J for supplemental specifications, maps and other pertinent information applicable.

FY16 North San Isabel NF Road Maintenance Page 8 of 23

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

PRE-WORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract 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.

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.

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. .

CONTRACT ADMINISTRATION DATA:

1. 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.

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

3. 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.

4. 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.

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

6. 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.

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

FY16 North San Isabel NF Road Maintenance Page 9 of 23

SPECIAL CONTRACT REQUIREMENTS

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 fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

ADDENDUM to AGAR 452.236-77(c) Paragraph (c) above refers to Changes clause, FAR 52.243-4. Instead the following clause is applicable to this solicitation as referenced in Section I – 52.212-4.

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager and Field Supervisor.

(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.

FIRE PREVENTION AND CONTROL See Emergency Control Fire Plan – Attachment

CONTRACT CLAUSES

52.204-13 System for Award Management Maintenance. (JUL 2013) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014) 52.211-16 Variation in Quantity (APR 1984)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Mar 2016)

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

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

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

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

FY16 North San Isabel NF Road Maintenance Page 10 of 23

X (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(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:

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

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

(ix) 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.

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

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

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

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

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

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

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

Employee Class Monetary Wage - Fringe Benefits

GS 5 $13.14

GS 7 $16.28

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far or www.usda.gov/procurement/policy/agar.html

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.

452.236-72 Use of Premises (NOV 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

FY16 North San Isabel NF Road Maintenance Page 12 of 23

LIST OF ATTACHMENTS

Attachment 01 SPECIFICATIONS Attachment 01 Supplemental Specifications 7 pages

Attachment 02 MAPS 7 pages Attach 02 Location Map FY16Rd Maint Attach 02 Map 01 FY16 RdMaint Cont Attach 02 Map 02 FY16 RdMaint Attach 02 Map 03 FY16 RdMaint Attach 02 Map 04 FY16 RdMaint Attach 02 Map 05 FY16 RdMaint Attach 02 Map 06 FY16 RdMaint

Attachment 03 Road Maintenace Speadsheets 2 pages Attach 03 Road Mant Speadsheet Leadville Attach 03 Road Mant Speadsheet Salida

Attachment 04 Samples 3 pages Attach 04 Road ML Cross Section Details Layout 2 Attach 04 Typical 45 Degree Drainage Dip Detail Attach 04 Typical Reconditioning Detail Layout1

Attachment 05 Service Contract Act Wage Determination 10 pages No. 2015-2083, Rev. 3 Dated 02/10/2016 Chaffee & Lake County, Colorado

Attachment 06 Emergency Control/Fire Plan 2 pages

FY16 North San Isabel NF Road Maintenance Page 13 of 23

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.204-17 Ownership or Control of Offeror. (NOV 2014) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Apr 2016) Complete & Return If not in SAM The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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.

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

http://www.acquisition.gov/

FY16 North San Isabel NF Road Maintenance Page 14 of 23

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR

124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.

(b)

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(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications— Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph

(c)(6)(i…