Solicitation_No._AG-94TZ-S-16-0024.pdf

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COCONINO/KAIBAB ROAD MAINTENANCE REQUIREMENTS Federal contract opportunity
Solicitation number
AG-94TZ-S-16-0024
Issued by
Department of Agriculture Forest Service R3-Southwestern Region

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

94TZ

PHOENIX AZ 85006-2440

2324 E MCDOWELL ROAD

WESTERN ZONE CP

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

237310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR94TZ

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/23/2015 1430 MS

04/25/2016

602-225-5344NORMA HOWARD

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-94TZ-S-16-0024

5. SOLICITATION NUMBER

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

1 56 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

PHOENIX AZ 85006-2440

2324 E MCDOWELL ROAD

WESTERN ZONE ACQUISITION MGT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$36.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

COCONINO/KAIBAB ROAD MAINTENANCE REQUIREMENTS

Coconino and Kaibab National Forests

Routine road surfacing blading and related services on an as-needed requirements basis for the Flagstaff, Mogollon Rim, Williams and North Kaibab Ranger Districts.

Technical Contact: Ray Holt, 928-527-3524, rgholt@fs.fed.us

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

NORMA J. HOWARD

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Please address offer to address in Block 9 or email to nhoward@fs.fed.us

100 FLAGSTAFF RD - BASE PERIOD

See Schedule of Items

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2016 to 05/31/2017

101 FLAGSTAFF RD - OPTION PERIOD 1

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2017 to 05/31/2018

102 FLAGSTAFF RD - OPTION PERIOD 2

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2018 to 05/31/2019

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

56 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 56

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-94TZ-S-16-0024

103 FLAGSTAFF RD - OPTION PERIOD 3

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2019 to 05/31/2020

104 FLAGSTAFF RD - OPTION PERIOD 4

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2020 to 05/31/2021

200 MOGOLLON RIM RD - BASE PERIOD

See Schedule of Items

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2016 to 05/31/2017

201 MOGOLLON RIM RD - OPTION PERIOD 1

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2017 to 05/31/2018

202 MOGOLLON RIM RD - OPTION PERIOD 2

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2018 to 05/31/2019

203 MOGOLLON RIM RD - OPTION PERIOD 3

See Schedule of Items

(Option Line Item)

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 56

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-94TZ-S-16-0024

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2019 to 05/31/2020

204 MOGOLLON RIM RD - OPTION PERIOD 4

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2020 to 05/31/2021

300 WILLIAMS RD - BASE PERIOD

See Schedule of Items

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2016 to 05/31/2017

301 WILLIAMS RD - OPTION PERIOD 1

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2017 to 05/31/2018

302 WILLIAMS RD - OPTION PERIOD 2

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2018 to 05/31/2019

303 WILLIAMS RD - OPTION PERIOD 3

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Continued ...

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

5 56

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-94TZ-S-16-0024

Period of Performance: 06/01/2019 to 05/31/2020

304 WILLIAMS RD - OPTION PERIOD 4

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2020 to 05/31/2021

400 NORTH KAIBAB RD - BASE PERIOD

See Schedule of Items

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2016 to 05/31/2017

401 NORTH KAIBAB RD - OPTION PERIOD 1

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2017 to 05/31/2018

402 NORTH KAIBAB RD - OPTION PERIOD 2

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2018 to 05/31/2019

403 NORTH KAIBAB RD - OPTION PERIOD 3

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2019 to 05/31/2020

Continued ...

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

6 56

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-94TZ-S-16-0024

404 NORTH KAIBAB RD - OPTION PERIOD 4

See Schedule of Items

(Option Line Item)

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 06/01/2020 to 05/31/2021

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

Coconino/Kaibab Road Maintenance Requirements Solicitation No. AG-94TZ-S-16-0024

SCHEDULE OF ITEMS

AREA 1 – FLAGSTAFF RANGER DISTRICT (FRD)

Item 100 – Base Year (Date of Award – 5/31/2017)

Item 101 - Option Year 1 (6/1/2017 – 5/31/2017)

Item 102 - Option Year 2 (6/1/2018 – 5/31/2019)

CONTRACT

LINE ITEM

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

100.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

100.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

100.c Cleaning Culverts 1 Each $_________ $___________ 100.d Cleaning Cattleguards 1 Each $_________ $___________ 100.e Brushing/Limbing 1 Mile $_________ $___________ 100.f Hazard Tree Removal 1 Each $_________ $___________

FRD TOTAL ESTIMATE –

BASE YEAR

LINE ITEM

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

101.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

101.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

101.c Cleaning Culverts 1 Each $_________ $___________ 101.d Cleaning Cattleguards 1 Each $_________ $___________ 101.e Brushing/Limbing 1 Mile $_________ $___________ 101.f Hazard Tree Removal 1 Each $_________ $___________

OPTION YEAR 1

LINE ITEM

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

102.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

102.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

102.c Cleaning Culverts 1 Each $_________ $___________ 102.d Cleaning Cattleguards 1 Each $_________ $___________ 102.e Brushing/Limbing 1 Mile $_________ $___________ 102.f Hazard Tree Removal 1 Each $_________ $___________

OPTION YEAR 2

AREA 1 – FLAGSTAFF RANGER DISTRICT (FRD) – Cont’d

Item 103 – Option Year 3 (6/1/2019 – 5/31/2020)

Item 104 - Option Year 4 (6/1/2020 – 5/31/2021)

AREA 2 - MOGOLLON RIM RANGER DISTRICT (MRRD)

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

101.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

103.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

103.c Cleaning Culverts 1 Each $_________ $___________ 103.d Cleaning Cattleguards 1 Each $_________ $___________ 103.e Brushing/Limbing 1 Mile $_________ $___________ 103.f Hazard Tree Removal 1 Each $_________ $___________

OPTION YEAR 3

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

104.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

104.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

104.c Cleaning Culverts 1 Each $_________ $___________ 104.d Cleaning Cattleguards 1 Each $_________ $___________ 104.e Brushing/Limbing 1 Mile $_________ $___________ 104.f Hazard Tree Removal 1 Each $_________ $___________

OPTION YEAR 4

Item 200 – Base Year (Date of Award – 5/31/2017)

Item 201 - Option Year 1 (6/1/2017 – 5/31/2017)

Item 202 - Option Year 2 (6/1/2018 – 5/31/2019)

DESCRIPTION

ESTIMATED

QUANTITY

UNIT

UNIT PRICE

EST. AMOUNT

200.a Road Mtnc/Blading

Level 3 and 4 Roads 120 Mile $__________ $___________

200.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

200.c Cleaning Culverts 1 Each $__________ $___________ 200.d Cleaning Cattleguards 1 Each $__________ $___________ 200.e Brushing/Limbing 1 Mile $__________ $___________ 200.f Hazard Tree Removal 1 Each $__________ $___________

MRRD TOTAL ESTIMATE

LINE ITEM

DESCRIPTION ESTIMATED

UNIT UNIT PRICE EST. AMOUNT

201.a Road Mtnc/Blading

120 Mile $__________ $___________

201.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

201.c Cleaning Culverts 1 Each $__________ $___________ 201.d Cleaning Cattleguards 1 Each $__________ $___________ 201.e Brushing/Limbing 1 Mile $__________ $___________ 201.f Hazard Tree Removal 1 Each $__________ $___________

202.a Road Mtnc/Blading

120 Mile $__________ $___________

202.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

202.c Cleaning Culverts 1 Each $__________ $___________ 202.d Cleaning Cattleguards 1 Each $__________ $___________ 202.e Brushing/Limbing 1 Mile $__________ $___________ 202.f Hazard Tree Removal 1 Each $__________ $___________

AREA 2 - MOGOLLON RIM RANGER DISTRICT (MRRD) – Cont’d

Item 203 - Option Year 3 (6/1/2019 – 5/31/2020)

Item 204 – Option Year 4 (6/1/2020 – 5/31/2021)

203.a Road Mtnc/Blading

120 Mile $__________ $___________

203.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

203.c Cleaning Culverts 1 Each $__________ $___________ 203.d Cleaning Cattleguards 1 Each $__________ $___________ 203.e Brushing/Limbing 1 Mile $__________ $___________ 203.f Hazard Tree Removal 1 Each $__________ $___________

204.a Road Mtnc/Blading

120 Mile $__________ $___________

204.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

204.c Cleaning Culverts 1 Each $__________ $___________ 204.d Cleaning Cattleguards 1 Each $__________ $___________ 204.e Brushing/Limbing 1 Mile $__________ $___________ 204.f Hazard Tree Removal 1 Each $__________ $___________

AREA 3 - WILLIAMS RANGER DISTRICT (WRD)

Item 300 – Base Year (Date of Award – 5/31/2017)

Item 301 - Option Year 1 (6/1/2017 – 5/31/2017)

Item 302 - Option Year 2 (6/1/2018 – 5/31/2019)

300.a Road Mtnc/Blading

120 Mile $__________ $___________

300.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

300.c Cleaning Culverts 1 Each $__________ $___________ 300.d Cleaning Cattleguards 1 Each $__________ $___________ 300.e Brushing/Limbing 1 Mile $__________ $___________ 300.f Hazard Tree Removal 1 Each $__________ $___________

WRD TOTAL ESTIMATE

301.a Road Mtnc/Blading

120 Mile $__________ $___________

301.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

301.c Cleaning Culverts 1 Each $__________ $___________ 301.d Cleaning Cattleguards 1 Each $__________ $___________ 301.e Brushing/Limbing 1 Mile $__________ $___________ 301.f Hazard Tree Removal 1 Each $__________ $___________

302.a Road Mtnc/Blading

120 Mile $__________ $___________

302.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

302.c Cleaning Culverts 1 Each $__________ $___________ 302.d Cleaning Cattleguards 1 Each $__________ $___________ 302.e Brushing/Limbing 1 Mile $__________ $___________ 302.f Hazard Tree Removal 1 Each $__________ $___________

AREA 3 - WILLIAMS RANGER DISTRICT (WRD) – Cont’d

Item 303 - Option Year 3 (6/1/2019 – 5/31/2020)

Item 304 - Option Year 4 (6/1/2020 – 5/31/2021)

303.a Road Mtnc/Blading

120 Mile $__________ $___________

303.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

303.c Cleaning Culverts 1 Each $__________ $___________ 303.d Cleaning Cattleguards 1 Each $__________ $___________ 303.e Brushing/Limbing 1 Mile $__________ $___________ 303.f Hazard Tree Removal 1 Each $__________ $___________

304.a Road Mtnc/Blading

120 Mile $__________ $___________

304.b Road Mtnc/Blading Level 2 Roads

30 Mile $__________ $___________

304.c Cleaning Culverts 1 Each $__________ $___________ 304.d Cleaning Cattleguards 1 Each $__________ $___________ 304.e Brushing/Limbing 1 Mile $__________ $___________ 304.f Hazard Tree Removal 1 Each $__________ $___________

AREA 4 – NORTH KAIBAB RANGER DISTRICT (NKRD)

Item 400 – Base Year (Date of Award – 5/31/2017)

Item 401 - Option Year 1 (6/1/2017 – 5/31/2017)

Item 402 - Option Year 2 (6/1/2018 – 5/31/2019)

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

400.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

400.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

400.c Cleaning Culverts 1 Each $_________ $___________ 400.d Cleaning Cattleguards 1 Each $_________ $___________ 400.e Brushing/Limbing 1 Mile $_________ $___________ 400.f Hazard Tree Removal 1 Each $_________ $___________ 400.g Mowing 1 Mile $_________ $___________

NKRD TOTAL ESTIMATE

LINE ITEM

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

401.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

401.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

401.c Cleaning Culverts 1 Each $_________ $___________ 401.d Cleaning Cattleguards 1 Each $_________ $___________ 401.e Brushing/Limbing 1 Mile $_________ $___________ 401.f Hazard Tree Removal 1 Each $_________ $___________ 400.g Mowing 1 Mile $_________ $___________

LINE ITEM

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

402.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

402.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

402.c Cleaning Culverts 1 Each $_________ $___________ 402.d Cleaning Cattleguards 1 Each $_________ $___________ 402.e Brushing/Limbing 1 Mile $_________ $___________ 402.f Hazard Tree Removal 1 Each $_________ $___________ 402.g Mowing 1 Mile $_________ $___________

AREA 4 – NORTH KAIBAB RANGER DISTRICT (NKRD) – Cont’d

Item 403 - Option Year 3 (6/1/2019 – 5/31/2020)

Item 404 - Option Year 4 (6/1/2020 – 5/31/2021)

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

403.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

403.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

403.c Cleaning Culverts 1 Each $_________ $___________ 403.d Cleaning Cattleguards 1 Each $_________ $___________ 403.e Brushing/Limbing 1 Mile $_________ $___________ 403.f Hazard Tree Removal 1 Each $_________ $___________ 403.g Mowing 1 Mile $_________ $___________

LINE ITEM

DESCRIPTION EST

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

404.a Road Mtnc/Blading Level 3 and 4 Roads

120 Mile $_________ $___________

404.b Road Mtnc/Blading Level 2 Roads

30 Mile $_________ $___________

404.c Cleaning Culverts 1 Each $_________ $___________ 404.d Cleaning Cattleguards 1 Each $_________ $___________ 404.e Brushing/Limbing 1 Mile $_________ $___________ 404.f Hazard Tree Removal 1 Each $_________ $___________ 404.g Mowing 1 Mile $_________ $___________

The quantities shown on the schedule are estimated and are not guaranteed. The resultant contract(s) will be an Indefinite Delivery Requirements contract(s). See FAR Clauses 52.216-18, 52,216-19 and 52.216-21 in Contract Clauses section.

Total of all orders under this Indefinite Delivery requirement shall not exceed $1,000,000 over the life of the contract(s).

All contracting officers within the Forest Service, R3 Western Zone AQM, within their warrant limitation may initiate, award and administer a task order for work within the scope of this contract.

Award will be by Area/Item. Offerors may submit an offer for one or more Areas, however offerors must submit pricing for all items for each area offered. To be awarded more than one Area, offeror must have the capacity to perform in each Area simultaneously.

NOTE: Offerors shall address the evaluation factors on Page 38 of this solicitation.

Proposals submitted without providing information to perform a technical evaluation may not be considered for award.

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

Provide your DUNS Number here:________________________

Contractor Signature Date http://www.sam.gov/

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 on an as-needed basis, within the Flagstaff and Mogollon Rim Ranger Districts of the Coconino National Forest and the Williams and North Kaibab Ranger Districts of the Kaibab National Forest. Individual task orders will be issued against indefinite delivery requirements contract(s) from the period of June 1, 2016 or date of award through May 31, 2017, with four additional option year periods. 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 in four areas in Northern Arizona. See attached drawings for general locations.

Area 1 includes roads on the Flagstaff Ranger District of the Coconino National Forest.

Area 2 includes roads on the Mogollon Rim Ranger District of the Coconino National Forest, in the southeast section of the Forest.

Area 3 includes roads on the Williams Ranger District of the Kaibab National Forest.

Area 4 includes roads on the North Kaibab Ranger District of the Kaibab National Forest, north of the Grand Canyon.

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, and hard/solid rock.

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 delivery 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.

Generally, there will be three (3) desired task order timeframes: spring, summer and fall maintenance. Contract times will generally range from 30 – 60 days and will be strictly enforced to ensure road maintenance is not repeated unnecessarily.

Contract time will only be extended as per the specifications.

It is projected that the annual value of work to be ordered per area will range from $25,000 to $75,000. 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. MUTCD is applicable. 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). MUTCD is applicable.

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 tasks.

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 consist 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, blade cutting and smooth blading the surface, especially washboard areas, and cleaning drainage and lead-off ditches. The entire roadway surface will be bladed, including widened roadbed sections at cattleguards, curves, fills and turnouts. All usable material will be pulled back onto the roadway template and reworked into existing in/out slope and/or crown. Also, intersecting roads will be bladed for a distance of fifty (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. Lead-off ditches that have silted in will be cleaned and all usable material will also be pulled back onto the roadway template.

Drainage ditches on both sides of the road will be cleaned out with all suitable material pulled back on to the roadway. Any 2” plus material will be swept off the surface after all suitable material has been worked back into the surface.

Contractors shall not deviate from roadway template width or create false ditches during maintenance work.

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 out sloped 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 to 6” diameter from the shoulders, ditches, or backslope, and removal of limbs that protrude over the roadway to a height of 14’.

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:

Attachment 1 - Fire Plan 4 pages

Attachment 2 - Wage Determination No. 1977-0211, 3 pages Rev. 47

Attachment 3 – Past Performance Questionnaire 2 pages

Attachment 4 - Drawings 6 sheets

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

TASK/ SUBTASK

PERFORMANCE

STANDARD

ACCEPT-

ABLE

QUALITY

LEVEL

(AQL)

MONITORING

METHOD

DISINCEN-

TIVES FOR NOT

MEETING

STANDARDS

5.1 Road

Maintenance/

Blading, 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.

90%

Visual

Inspection

--Rework at contractor’s expense.

--No payment for performance less than AQL.

--Poor performance rating.

TASK/SUBTASK

PERFORMANCE

STANDARD

ACCEPT-

ABLE

QUALITY

LEVEL

(AQL)

MONITORING

METHOD

DISINCEN-

TIVES FOR NOT

MEETING

STANDARDS

5.2 Road

Maintenance/ Blading, Level 2 Roads

1. High clearance roads are dozer bladed within the specified segments to provide for adequate drainage.

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.

90% Same as above

Same as above

5.3 Cleaning

Culverts.

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

95% Same as

5.4 Cleaning

Cattleguards

1. Designated cattleguard grids are removed and all accumulated debris material is removed and scattered in an area outside of the roadway adjacent to the cattleguard.

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.

5.6 Hazard Tree

Cutting

Designated trees up to 36” dbh are cut within six inches of the existing ground line and are felled away from the roadway and perpendicular to the contours of the ground. The stump is removed only when necessary for the maintenance of the roadway, roadway ditch or safe operation of the roadway.

97% Same as

5.7 Mowing The areas designated for mowing shall be a

minimum width of four feet measured horizontally from the edge of the roadway and to a maximum height of five inches.

Contract Terms and Conditions

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 September 30, 2015.

(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 December 31st of each contract period.

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

The effective period of this contract is from April 1, 2016 through March 31, 2017.

FAR 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 30 calendar days prior to expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

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 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.

The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT).

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