AG-82X9-S-11-0049.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)

ROCKY MOUNTAIN REGION

USDA FOREST SERVICE

SAN JUAN PUBLIC LANDS CENTER

15 BURNETT COURT

82X9

DURANGO CO 81301-3647

Rocky Mountain Region, USDA Forest Svc

Attn: Ginger Domingos 15 Burnett Court Durango, CO 81301-3647

GINGER DOMINGOS (970)385-1245

1x 06/24/2011

AG-82X9-S-11-0049

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

TITLE: Handy Man IDIQ Services for maintenance and repairs at facilities located within the San Juan National Forest or San Juan Public Lands in Southwestern Colorado

Submit with your Proposal:

a. Executed SF-1442 (Blocks 17, 19 and 20)

b. Submit pricing on the Schedule of Items (reference Table of Contents, Section B)

c. Submit completed FAR Provision 52.204-8, Annual Representations and

Certifications, with proposal as applicable (Reference Table of Contents, Section K)

d. Submit responses to FAR Provision 452.215-71, Instructions for the preparation of technical and businesss proposals (Reference Table of Contents, Section L)

ALL INFORMATION REQUESTED MUST BE SUBMITTED TO BE CONSIDERED

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.)

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving to be determined by Task Order

08/01/2011

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

ROCKY MOUNTAIN REGION

USDA FOREST SERVICE

SAN JUAN PUBLIC LANDS CENTER

15 BURNETT COURT

82X9

DURANGO CO 81301-3647

GINGER R. DOMINGOS

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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-82X9-S-11-0049

FOB: Destination Period of Performance: 08/15/2011 to 09/30/2014

001 Base Year Product/Service Code: AD21 Product/Service Description: SERVICES (BASIC) Period of Performance: 08/15/2011 to 09/30/2012

002 Option Year 1 (Option Line Item) Product/Service Code: AD21 Product/Service Description: SERVICES (BASIC) Period of Performance: 10/01/2012 to 09/30/2013

003 Option Year 2 (Option Line Item) Product/Service Code: AD21 Product/Service Description: SERVICES (BASIC) Period of Performance: 10/01/2013 to 09/30/2014

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

Sponsored by GSA

FAR (48 CFR) 53.110

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 4 of 35

SECTION B - Prices/Costs Schedule of Items SECTION C - Description/Specifications/Statement of Work SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements SECTION I - Contract Clauses SECTION J - List of Attachments SECTION K - Representations and Certifications SECTION L - Instructions, Conditions, and Notices SECTION M - Evaluation Factors for Award

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 5 of 35

SECTION B - Prices/Costs Schedule of Items

SCHEDULE OF ITEMS – Handyman – San Juan National Forest

BID

ITEM

SERVICES/SUPPLIES QTY. UNIT UNIT PRICE AMOUNT

1.

2.

Handyman Task Order No.

0001 (use Separate Sheet to provide a complete breakdown of cost elements i.e.; labor, materials, equipment, subcontracting & Markups)

Various Task Orders within the Boundaries of the San Juan Public Lands and National Forest

To be specified on Task Order Level

LS

To be specified on Task Order Level

Pricing to be determined at the Task Order Level thru the Fair Opportunity Process

NOTE: Clause 52.212-2 for Proposal Requirements

The Government anticipates awarding a base year contract with 2 options years, firm fixed price contract(s). Fixed price task orders will be issued against the contract, as the need arises. To be considered for award, offerors must respond to the evaluation factors for award listed in Sections L and M.

Please identify with a Check Mark which San Juan National Forest Ranger Districts your firm propose to bid and/or work Task Orders for Bid Item 2, above.

Dolores Ranger District

Columbine Ranger District

Pagosa Ranger District

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 $100.00, but not in excess of $150,000.00 per total Contract.

(End of Clause)

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 6 of 35

SECTION C - Description/Specifications/Statement of Work

1. INTENT OF THE CONTRACT: The intent of this project is to establish an indefinite delivery/indefinite quantity (IDIQ) firm fixed price Task Order contract for facility maintenance, repair and minor construction services at recreation, administrative and other facilities such as campgrounds and trailheads on the San Juan National Forest. The contract will have a base year and 2 option years.

2. PROJECT DESCRIPTION: The services covered by this statement of work shall include a wide variety of maintenance, repair and minor construction activities on recreation & administrative facilities (buildings and grounds) on the San Juan National Forest (SJNF). Services shall include, but are not limited to, furnishing all labor, supervision, and incidentals necessary to perform the work defined within each Task Order. The San Juan National Forest is located in southwestern Colorado. It includes the towns of Bayfield, Pagosa Springs, Durango and Dolores, Colorado.

3. DESCRIPTION OF WORK: Types of services include, but are not limited to, work on buildings and other structures; electrical systems; thermal and moisture protection; finishes; specialty items;

equipment; furnishings; heating, ventilating, and air conditioning systems; fencing; water distribution systems; wells; wastewater treatment systems; chlorinators; sprinkler systems; and toilets. Additional services include masonry; locksmith; plaster and drywall; finish and rough carpentry; painting; signs;

plumbing and pipefitting; electrical (interior and exterior); sheet metal work, welding roofing, concrete work, unskilled labor, property maintenance and improvements.

All supplies and materials used by the Contractor shall be new or at the sole discretion of the COR existing parts and material may be reused.

All work performed under this statement of work, for each individual task order issued, shall be in compliance with all appropriate local, state, and federal rules, regulations, codes and laws, such as the International Plumbing Code, National Fire Code, American Disability Act, National Electrical Code.

4. CONTRACTOR’S PERSONNEL: The Contractor shall furnish all personnel, and labor, required to perform the services required under this statement of work. The Contractor shall be responsible for the conduct of all Contractor employees and shall inform the Contracting Officer (CO) of any complaints received. The Contractor shall ensure Contractor personnel are adequately trained or certified to meet the requirements of this statement of work. The Contractor shall schedule working hours to satisfy the requirements of each facility. This will vary by season and workload. The Contractor shall enable government employees full assess at project sites during any and all work performed by the contractor.

5. ACCESS: The Government will provide the Contractor with access to facilities, as needed, in the performance of this statement of work on each task order. Access will be discontinued at the end of each individual project.

6. TASK ORDERS: The CO, or designated Contracting Officer Representative (COR) shall submit task order request for quotation (RFQ) to the Contractor. The Contractor shall prepare and submit a proposal for each task order RFQ to the Contracting Officer within the time frame specified on the request. If the contractor does not wish to submit a proposal, a statement shall be provided on the request form as to the reason for not providing a proposal shall be returned within 24 hours of the request.

The price negotiated for the task order will be a firm fixed price. The price may change only by a written modification to the task order signed by the Contracting Officer and the Contractor. The Contractor shall schedule work to minimize impact on facility use when possible.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 7 of 35

Materials – If any lumber, building materials, hardware, electrical items, plumbing items, paint or any other items are needed to complete a task order those items will be purchased by the Contractor and included in the quote for that task order. It is possible that government furnished item may be encountered and will be negotiated on the Task Order if it applies

Subcontracting – If any subcontracting is necessary as a result of the scope of the task the Contractor shall provide for that subcontract and the Government will reimburse the Contractor for the actual cost plus an agreed to indirect markup.

The minimum and maximum individual Task Order value will vary per request. However, they are expected to be within the range of $2,500 to $25,000. The Contractor will not be obligated to accept Task Orders outside this range, but may chose to do so.

7. DAMAGE TO GOVERNMENT PROPERTY: The Contractor shall restore at the Contractor’s expense any SJNF property, including but not limited to, facilities, equipment, structures, land, or other Government property damaged as a result of performing the requirements of this statement of work.

Repairs shall be made promptly and to the satisfaction of the CO. In addition the damage shall be reported to the CO within 24 hours of the occurrence. All repairs or replacements made to Government property shall be done using quality workmanship and materials and the damaged property shall be repaired to an equal or better condition than existed prior to the damage. Materials used for replacement shall be new or good as new and shall not be worn out, damaged, or out of date.

8. CLEAN UP: Contractor-generated debris and rubbish shall be removed from the work site or placed in an appropriate container daily. Debris shall be removed and transported in a manner to prevent spillage on the roads, parking areas, and adjacent areas. The Contractor will be responsible for proper disposal of all materials at an approved disposal site.

9. CONTRACTOR FURNISHED ITEMS: The Contractor shall furnish all supervision, labor, materials, tools, supplies, and equipment required for performance of work described in this statement of work. All supplies and materials used by the Contractor shall be new.

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)

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.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 8 of 35

SECTION D - Packaging and Marking

{this section is intentionally left black, there are no clauses in this section}

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 9 of 35

SECTION E - Inspection and Acceptance

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

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

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy

52.246-12 Inspection of Construction. (APR 1996)

(End of clause)

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 10 of 35

SECTION F - Performance

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

52.242-13 Bankruptcy. (JUL 1995)

52.242-14 Suspension of Work. (APR 1984

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 the time specified in each individual Task Order.

The time stated for completion shall include final cleanup of the premises.

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

The effective period of this contract is from date of award through September 30, 2014. There will be two

(2) optional years that may be exercised at the discretion of the Government..

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within five (5) to ten (10) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is Monday through Friday, not to exceed forty (40) hours, unless change is agreed to in writing by the Contracting Officer.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 11 of 35

SECTION G - Contract Administration Data

G.1 INVOICES SHALL BE SUBMITTED TO:

GINGER DOMINGOS, CONTRACTING OFFICER

PHONE: 970-385-1245

FAX: 970-385-1243

EMAIL: gdomingos@fs.fed.us

15 Burnett Court

Durango, CO 81301

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

G.2 PAYMENT WILL BE MADE BY:

USDA Rural Development Centralized Servicing Center 4300 Goodfellow Blvd (FC-233) Bldg 105E St. Louis, MO 63120-1703

PHONE: 314-457-4525

G.3 FOREST SERVICE REPRSENTATIVES:

Ginger Domingos will serve as the Contracting Officer on this contract. She will have full warrant authority over all contract issues. She can be reached at 970-385-1245 or gdomingos@fs.fed.us.

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

G.4 452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at:

San Juan Public Lands Center 15 Burnett Court Durango, CO 81301.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 12 of 35

SECTION H - Special Contract Requirements

A. AWARD OF CONTRACT(S)

The Government may elect to make single or multiple awards from this solicitation. If the contracting officer decides to establish a competitive range and conduct negotiations, the competitive range can be limited for purposes of efficiency [see FAR 52.215-1(f)(4)].

B. PERFORMANCE TIME

Each task order’s period of performance and start date will be negotiated prior to issuance.

C. PLACE OF PERFORMANCE

All projects will be on the San Juan Public Lands in Southwest Colorado between Dove Creek and Wolf Creek.

D. ITEMS BEING ACQUIRED/TOTAL PRICE

The contractor shall furnish all personnel, facilities, equipment, materials supplies, and services (except as may be expressly set forth in this contract as furnished by the government), and otherwise do all things necessary for, or incident to, the satisfactory performance of this contract. Under this contract, the contractor shall provide the items of work required to fulfill the requirements of the Statement of Work and as called for under Task Orders issued hereunder.

Minimum Quantity: If only one contract is awarded from this solicitation, the guaranteed minimum for each program year (date of award and continuing for 1 year) of the contract will be $100.00. If multiple awards are made, the guaranteed minimum for each program year for each contract will be determined prior to award. For the purpose of determining whether or not the government has met its annual minimum guarantee, the notice to proceed date - located on the task order or issued by separate document - will be used to determine which program year the covered acreage is counted.

Maximum Quantity: If only one contract is awarded, the maximum quantity that can be ordered annually will be $75,000.00. If more than one contract is awarded, the maximum quantity that can be ordered annually will be determined prior to award.

Issuance of Task Orders: Any Forest Service Region 2 Contracting Officer may issue task orders up to the limit of their warrant authority. Task orders may be issued electronically via fax or email.

E. FAIR OPPORTUNITY PROCEDURES

Any contractor who is awarded a contract resulting from this solicitation will be given a fair opportunity to compete for future task order requirements. Contract holders will be contacted by the contracting officer prior to issuance of any task order. Those who wish to compete for the order will be sent the statement of work, evaluation factors, and other pertinent information along with a deadline for submitting a proposal.

Proposals will be evaluated and the task order will be awarded to the firm that offers the best value to the government. Contractors are under no obligation to submit a proposal for any given task order.

F. TASK ORDER FORMS

Task orders may be issued on the OF 347, SF 1449, or any other form approved by the contracting officer.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 13 of 35

F. ESTIMATED QUANTITIES OF WORK

The Forest Service (FS) estimates that it may require 1 to 20 task orders per year through the contracts that result from this solicitation. This is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.

G. 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 $100.00, but not in excess of $75,000 per Fiscal Year.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 14 of 35

SECTION I - Contract Clauses

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

52.204-7 Central Contractor Registration. (APR 2008) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2010) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.217-2 Cancellation Under Multi-year Contracts. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (JUN 2003) 52.219-8 Utilization of Small Business Concerns. (JAN 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-7 Withholding of Funds. (FEB 1988) 52.222-8 Payrolls and Basic Records. (JUN 2010) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (JUL 2005) 52.222-12 Contract Termination - Debarment. (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (FEB 1988) 52.222-20 Walsh-Healey Public Contracts Act. (OCT 2010) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately Specified Method). (DEC 2001) 52.222-35 Equal Opportunity for Veterans. (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 52.222-37 Employment Reports on Veterans. (SEP 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(MAY 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving. (SEP 2010) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007)

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 15 of 35

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) 52.232-23 Assignment of Claims. (JAN 1986) 52.232-27 Prompt Payment For Construction Contracts. (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 52.233-1 Disputes. (JUL 2002) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 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. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-16 Quantity Surveys. (APR 1984) - Alternate I (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) 52.245-1 Government Property. (AUG 2010) 52.245-9 Use and Charges. (AUG 2010) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) - Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.228-71 Insurance Coverage. (NOV 1996) 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) 452.236-76 Samples and Certificates. (FEB 1988) 452.236-77 Emergency Response. (NOV 1996)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through September 30, 2012 (Base year) through September 30, 2013 (Option Year 1) and September 30, 2014 (Option Year 2), as applicable.

(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 $2,500.00, the Government is not obligated to purchase, nor is the

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 16 of 35

Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within 30 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 10 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 June 30, 2014.

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 5 days of contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 17 of 35

(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 September 30, 2014.

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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

"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.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 18 of 35

"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

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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:

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 Act 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 Act 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 Act. (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

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 19 of 35

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program.

(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).

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 20 of 35

52.236-2 Differing Site Conditions. (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of -

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

52.236-10 Operations and Storage Areas. (APR 1984)

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 21 of 35

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

52.236-11 Use and Possession Prior to Completion. (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

52.236-12 Cleaning Up. (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

52.236-14 Availability and Use of Utility Services. (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 22 of 35

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 23 of 35

SECTION J - List of Attachments

DESCRIPTION

1 - Davis Bacon Wage Decision 2 – Fire Plan 3 – Item1, Task Order SOW

Handyman – San Juan National Forest Solicitation No. AG-82X9-S-11-0049 Page 24 of 35

SECTION K - Representations and Certifications

52.204-8 Annual Representations and Certifications. (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $14 Million.

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

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (NOTE – Intentionally omitted paragraph (c).)

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below (offeror to insert changes, identifying change by clause number, title, date). 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.

FAR Clause Title Date Change

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 on ORCA.

(End of Provision)

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

(a) Definitions. As used in this clause -

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (c) of this clause.