rfp.doc

Kaibab/Coconino Road Mtnc Requirements

Solicitation AG-94TZ-S-08-0007

SCHEDULE OF ITEMS

KAIBAB/COCONINO ROAD MAINTENANCE REQUIREMENTS

CONTRACT

LINE ITEM (CLIN)

QUANTITY

AREA 1 - SOUTH KAIBAB NF ROAD MAINTENANCE

Level 2 Roads

AREA 1

TOTAL ESTIMATE

CONTRACT

LINE ITEM (CLIN)

AREA 2 - NORTH KAIBAB NF ROAD MAINTENANCE

Level 2 Roads

AREA 2

CONTRACT

UNIT

AREA 3 - Flagstaff Center, COCONINO NF ROAD MAINTENANCE

Level 2 Roads

AREA 3

CONTRACT

QUANTITY

AREA 4 - Mogollon Rim Center, COCONINO NF ROAD MAINTENANCE

Level 2 Roads

AREA 4

CONTRACT

AREA 5 - Red Rock Center, COCONINO NF ROAD MAINTENANCE

Level 2 Roads

AREA 5

Award will be made by Area. Offerors may submit an offer for one or more Areas, however offerors must submit pricing for all items for each area offered. The quantities shown on the schedule are quantities estimated to be ordered over a three-year period and are not guaranteed. The resultant contract(s) will be Indefinite Delivery Requirements contract(s). See FAR Clauses 52.216-18, 52,216-19 and 52.216-21 in Contract Clauses section.

Contractor

Signature

Date

PERFORMANCE STATEMENT OF WORK (PWS)

SECTION I - GENERAL

1.1 SCOPE OF WORK.

The contractor shall provide any and all labor, equipment, supervision, transportation, services, permits, and licenses necessary to provide road maintenance services within 5 area on the Kaibab and Coconino National Forests, under a multi-year task order contract. Individual task orders will be issued against indefinite delivery requirements contract(s) from the period of October 2007 through December 31, 2010. This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements of Section VII.

1.2 LOCATION DESCRIPTION. Roads scheduled for maintenance are located on the Kaibab and Coconino National Forest in Northern Arizona. See attached general location map. Locations area divided into five geographic areas:

Area 1 includes roads within the Kaibab National Forest south of the Grand Canyon (Williams & Tusayan Ranger Districts).

Area 2 includes roads on the Kaibab National Forest north of the Grand Canyon (North Kaibab Ranger District).

Area 3 includes roads on the Mormon Lake and Peaks Ranger Districts (Flagstaff Center) of the Coconino National Forest.

Area 4 includes roads on the Blue Ridge and Long Valley Ranger Districts (Mogollon Rim Center) of the Coconino National Forest.

Area 5 includes roads on the Sedona and Beaver Creek Ranger Districts (Red Rock Center) of the Coconino National Forest.

Specific roads requiring maintenance will be designated by written Task Order and will include a location map. These roads are located on flat to steep, mountainous terrain varying from low-speed, narrow, winding single lane roads to double lane traffic facilities. Road conditions vary from native materials to aggregate surfacing.

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

1.4 ORDERING SERVICES.

Each Task Order for services will be ordered on a written agency purchase order form. Each order will reference this contract and will be subject to all the terms and conditions herein. Individual task orders will detail services to be provided and locations of roads to be maintained and the contract time allowed to complete the work. Orders may require roads located in different parts of the contract area to be performed concurrently. Contractor shall begin work within 10 calendar days after issuance of a task order or as specified on the order, whichever is later.

It is projected that the annual value of work to be ordered will range from $50,000 to $250,000. This is provided for informational purposes only and does not guarantee any amount of work.

1.5 TASK ORDER PROGRESS SCHEDULES.

Contractor shall provide a time chart or schedule of proposed progress prior to commencement of work on each task order. This will ensure that work is planned to be completed within the contract time allowed. If contractor’s progress falls behind schedule, the contractor shall take such action as necessary to improve progress. The contracting officer may require the contractor to submit a revised schedule and proposed plan of work.

1.6 PUBLIC SAFETY.

a. Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient warning lights, danger signals, and warning signs and furnish all necessary traffic control flagging. All necessary precautions shall be taken for the protection of the work and safety of the public. All signs and devices remain the property and responsibility of the Contractor. All signing shall conform to current MUTCD standards.

b. Warning signs shall be positioned in such locations as to be readily visible and the work area defined to the traveling public. Signs shall be located no more than one mile in advance of any activity. Signs shall be posted only when the machinery is working.

c. Berms of materials or other obstructions caused by maintenance operations shall be removed prior to the end of each day’s operations and are not to remain overnight, weekends, and holidays. If, due to weather conditions or equipment breakdowns, berms or obstructions cannot be removed, they shall be signed as a hazard and visibly illuminated at night.

d. Vehicular traffic shall not be obstructed for periods in excess of twenty (20) minutes.

e. Work of an extraordinary nature, which will interfere with the safe use of the roadway, shall not begin until an acceptable traffic control plan has been approved by the Forest Service.

1.7 PROTECTION OF PROPERTY AND UTILITIES.

Public and private property along and adjacent to the project shall not be damaged. Any damaged or destroyed property shall be promptly repaired or replaced at the contractor’s expense. When operating adjacent to railways, telegraph, telephone, or power lines, the contractor shall make all necessary arrangements to prevent damage and shall assume all responsibilities should any damage occur.

1.8 CONTROL OF SEDIMENTATION AND POLLUTION.

Contractor’s operation shall be conducted so as to prevent siltation of streambeds, lakes, stock tanks, or reservoirs.

Pollutants such as fuels, lubricants, bitumen, and any other harmful material shall

Not be discharged on Forest Service lands.

Mechanized equipment shall not be operated outside of the existing roadway prism without prior archaeological survey and clearance.

SECTION II - DEFINITIONS

2.1

STANDARD DEFINITIONS.

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR). A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

2.1.6 GOVERNMENT INSPECTOR. A Government person responsible for surveillance of contractor performance.

2.1.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.8 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

2.2 TECHNICAL DEFINITIONS.

2.2.1 MAINTENANCE LEVEL DEFINITIONS.

a. Maintenance Level 4: Roads that provide a moderate degree of user comfort and convenience at moderate speeds. Most are double-lane and aggregate surfaced.

Some may be single-lane. Some may be dust abated. The road surface is maintained to provide the passage of low-clearance vehicles (i.e., passenger cars).

b. Maintenance Level 3: Roads open and maintained for travel by a prudent driver in a standard passenger car. User comfort and convenience are not considered priorities. Typically low-speed, single-lane with turnouts and native or aggregate surfacing. The road surface is maintained to provide the passage of low-clearance vehicles (i.e., passenger cars).

c. Maintenance Level 2: Roads open for use by high-clearance vehicles. Passenger car traffic is discouraged and the surface is not maintained for this use. Traffic is minor administrative, permitted or dispersed recreation. Surface maintenance is performed only for purposes of drainage control. Maintenance is normally performed by a dozer rather than a motor grader, although either may be used.

SECTION III - GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

There is no Government-furnished property or materials for this project.

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

Contractor shall furnish all labor, equipment, supervision, signing, transportation, operating supplies, and incidentals necessary to perform the required road maintenance.

Contractor’s equipment provided for the performance of the work shall be of the appropriate size, type, and number, and in good working condition, suitable for the work required. Operators shall be competent and experienced in the operation of the equipment. Equipment shall have safety signing and appurtenances required by OSHA, such as rollover protection (ROPS), fire suppression devices, lights and slow moving vehicle signs. The equipment used for blading shall be a diesel, tandem drive motor patrol of at least 150 horsepower. Grading equipment must be capable of cutting, crowning, and shaping operations necessary to successfully perform the tasks of this contract. The contractor’s equipment shall be made available for inspection, prior to notice to proceed. If at any time during the course of this contract, the equipment is deemed unsatisfactory or unsafe, the Contracting Officer may require removal and a satisfactory replacement at no expense to the Government. Any movement or transportation of equipment to or from work areas, to repair or replace equipment, or for the contractor’s convenience shall be at the contractor’s expense.

The contractor shall furnish all equipment/personnel as required by the Fire Plan(s).

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section IV.

5.1 Road Maintenance, Level 3 and 4 Roads – This work shall consists of maintaining of the roadbed of a native material or aggregate surfaced road to facilitate traffic and provide proper drainage of passenger car roads. Road Maintenance is work necessary to keep drainage function and maintain the road prism to allow a prudent driver to safely negotiate the road in a passenger car. This work includes repairing slides and slumps, smooth blading the surface, and cleaning drainage and lead-off ditches. Blade roadway surface, including widened roadbed sections at cattleguards, curves, fills and turnouts. Also blade intersecting roads for a distance of 50 feet to assure proper transition. Double lane roads are crowned and/or superelevated at a rate of four to eight percent with a smooth transition between the two.

5.2 Road Maintenance, Level 2 Roads – This work shall consists of the maintaining of the roadbed of a native material road to facilitate traffic and provide proper drainage of high clearance roads.

Road Maintenance is work necessary to keep drainage functioning and maintain the road prism to allow a prudent driver to safely negotiate the road in a high clearance vehicle. This work includes blading by dozer or blade, removal of excessive ruts, reshaping existing natural drainage crossings, reconstructing existing outsloped drains, rolling dips, and lead-off ditches.

5.3 Cleaning Culverts. This work shall include the cleaning of existing metal culverts to include the catch basin, any end sections, and the entire length of the culvert. Contractor may use a high pressure water pump or other means to remove accumulated debris from the culvert.

5.4 Cleaning Cattleguards. This work shall consist of cleaning existing cattleguards as designated in the Task Order and on the ground. Removed material shall be disposed along roadway shoulders and smoothed to leave no mounds of material.

5.5 Brushing/Limbing. This work includes the removal of small trees up 3” diameter from the shoulders, ditches, or backslope, and removal of limbs that protrude over the roadway to a height of fourteen feet.

5.6 Hazard Tree Falling. This work includes the falling of hazard trees up to 36” dbh, located next to or within 1½ tree lengths of the specified roadway as designated on the task order and marked on the ground.

5.7 Mowing. This work includes mowing of roadway shoulders. The minimum width shall be four feet, measured horizontally from the edge of the roadway and to a maximum height of five inches. Areas designated for mowing shall include both sides of said roadway in the pay unit.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

ATTACHMENTS:

Kaibab Fire Plan

4 pages

Coconino Fire Plan

4 pages

Wage Determination No. 1977-0211, 3 pages Rev. 32

Location Area Maps

5 pages

Typical Grading Sections

1 page

Typical Outslope Drain Details

Typical Drainage Details

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

TASK/ SUBTASK

PERFORMANCE

STANDARD

5.1 Road Maintenance, Level 3 and 4 Roads

1. The roadbed has been crowned or sloped to conform to the original design prism to the maximum extent possible with the material available.

2. All berms and false ditches have been removed from the shoulders to the maximum extent possible and incorporated into the travel way.

3. Material that had migrated to the shoulder has been returned to the traveled way.

4. Road shoulders are free of vegetation.

5. Berms of material caused by road maintenance operations were removed from the traveled way prior to the end of each day’s work.

6. Fines accumulated while blading were not wasted over fill shoulders.

7. Sidecasting into streams, lakes or watercourses has not occurred.

8. There is a smooth transition before and after cattleguards and bridges.

9. Material has not been deposited inside cattleguards or onto bridges.

10. Bridge decks are cleaned to the point that decking material can be inspected and deck drains are open and free flowing.

11. Drainage dips and their outlet ditches reasonably conform to their original lines, grades, and cross sections.

12. Widened roadbed sections at cattleguards, curves, fills, and turnouts have been included with blading of the road surface.

13. Intersecting roads have been bladed for distance of 50 feet each direction and there is a smooth transition between the two riding surfaces.

14. Ditches are cleaned of any material which would obstruct flow of water.

15. The backslope is not undercut.

16. Drainage dips are maintained to a depth and width to provide drainage.

17. Lead off ditches are shaped to drain water away from the roadway.

--Rework at contractor’s expense.

--No payment for performance less than AQL.

--Poor performance rating.

STANDARD

2. Excessive ruts are removed.

3. Existing natural drainage crossings are reshaped.

4. Existing outsloped drains, lead-off ditches, and rolling dips are reconstructed.

5. Any surplus or oversize material is left along the upper shoulder.

5.3 Cleaning Culverts.

1.Designated culverts are cleaned of all sediment, foreign material and vegetative growth that interferes with the flow pattern.

2. A temporary detour around the cattleguard is provided when the cattleguard is out of service for more than ½ hour.

3. Open cattleguards are not left unattended or open overnight.

5.5 Brushing/

Limbing

1. Small trees up to three inches in diameter are removed from shoulders, ditches, backslopes, cut or fill slopes.

2. Limbs that protrude over the roadway to a height of 14 feet are removed.

3. Cut trees and limbs are disposed of by scattering outside of the roadway prisms and not on existing vegetation or in piles.

4. Trees are cut flush with adjacent groundline and are not left with a sharp, protruding staub. Stumps are removed only when necessary for the maintenance of the roadway or drainage ditch.

Continuation of SF1449

Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

By Refeference: FAR 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2007) Alternate I (FEB 2007).

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date through December 31, 2010.

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

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

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $200,000.00;

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

(3) A series of orders from the same ordering office within 14 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.

FAR 52.216-21 Requirements (OCT 1995) - Alternate I (APR 1984)

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

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

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after April 30, 2010.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before expiration of the contract

FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (AUG 2007)

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

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer shall check as appropriate.]

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

___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (4) [Reserved]

_X__ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

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

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

__X_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (8) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2007)(15 U.S.C. 637 (d)(4).)

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

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

___ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

__X_ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126).

__X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X_ (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

__X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__X_ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (26) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

___ (27) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

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

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

___ (28) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (29) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Aug 2006) (42 U.S.C. 5150).

___ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2006) (42 U.S.C. 5150).

___ (32) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (33) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__X_ (34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (35) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (36) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (37) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (38) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005)(41 U.S.C. 351, et seq.).

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

__X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 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.

SOLICITATION PROVISIONS

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors, listed in descending order of importance, shall be used to evaluate offers:

1. PERSONNEL AND EQUIPMENT

Capability to provide the equipment and personnel necessary to successfully perform the work.

Offerors are instructed to provide key personnel information and equipment to be used in the performance of this contract and demonstrate the capability to perform road maintenance at various locations at the same time. If offeror submits an offer for more than one area, offeror must demonstrate that he/she has the personnel and equipment to successfully perform in areas concurrently.

2. PAST PEFORMANCE. When evaluating past performance, the contracting officer will consider the following factors:

· The offeror’s record of past performance, and to what extent the performance has been satisfactory.

· The offeror’s cooperative behavior and commitment to customer satisfaction with the government, public, and private agencies.

· The timeliness of performance.

Provide the following information on any contracts for the past three years, which were similar to this requirement. This information will be considered along with any other information received regarding past contracts and any additional data obtained in the evaluation.

--Name, address, phone number, FAX number, and contact of agency/owner

--Name of project

--Value of contract

--Date completed

Technical and past performance, when combined, are equal in importance to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications -- Commercial Items (Sep 2007)

An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (j) of this provision.

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

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

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

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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.

“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.

(b) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.]

(3) Taxpayer Identification Number (TIN).

* TIN:_____________________.

* TIN has been applied for.

* TIN is not required because:

* Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

* Offeror is an agency or instrumentality of a foreign government;

* Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

* Sole proprietorship;

* Partnership;

* Corporate entity (not tax-exempt);

* Corporate entity (tax-exempt);

* Government entity (Federal, State, or local);

* Foreign government;

* International organization per 26 CFR 1.6049-4;

* Other ____________________.

(5) Common parent.

* Offeror is not owned or controlled by a common parent:

* Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(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, for general statistical purposes, 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it * is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it * is, * is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees

Average Annual Gross Revenues

50 or fewer

$1 million or less

51-100

$1,000,001-$2 million

101-250

$2,000,001-$3.5 million

251-500

$3,500,001-$5 million

501-750

$5,000,001-$10 million

751-1,000

$10,000,001-$17 million

Over 1,000

Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It * is, * is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It *has, * has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture.