AG-9AB5-S-17-0076_Final_7.11.17.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

R5 SO-CAL ACQ SERVICE AREA SCASA

701 N SANTA ANITA AVE

ARCADIA CA 91006

9AB5

Vincent Chua

701 N Santa Anita Ave Arcadia, CA 91006

VINCENT CHUA 626-574-5326

1x 07/13/2017

AG-9AB5-S-17-0076

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

Road Construction IDIQ Contract. The Government estimate to award twelve (12) to fifteen (15) qualified contractors for Southern California Acquisition Service Area.

The Forests include Angeles, Cleveland, Los Padres, San Bernardino, Sequoia, and

Sierra National Forests.

The guaranteed minimum for the life of the contract is $25,000.00. The cumulative number of task orders issued against this contract shall not exceed the aggregate amount of $25M.

Project will be incorporated into the contract by Individual Task Order on a competitive basis.

Performance time will consist of one base year plus four (4) one (1) year renewable option periods.

Requirement of Payment and Performance Bonds will be applicable to the individual task orders.

THIS ACQUISITION IS SET ASIDE TO WOMAN OWNED SMALL BUSINESS ENTITY.

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

08/14/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d) vchua Typewritten Text

FAR 52.211-10

vchua Typewritten Text Bonds Requirement will be at Task Order Level

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

R5 SO-CAL ACQ SERVICE AREA SCASA

701 N SANTA ANITA AVE

ARCADIA CA 91006

9AB5

VINCENT CHUA

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 64

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-9AB5-S-17-0076

This is not a requirement contract. The

Government has the right to not award against the

IDIQ when deemed to be in the best interest of the Government.

FOB: Destination

001 SCASA Road Construction IDIQ - Base Year

002 SCASA Road Construction IDIQ - Option Period 1

(Option Line Item)

003 SCASA Road Construction IDIQ - Option Period 2

(Option Line Item)

004 SCASA Road Construction IDIQ - Option Period 3

(Option Line Item)

005 SCASA Road Construction IDIQ - Option Period 4

(Option Line Item)

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG-9AB5-S-17-0076 Page 4 of 64

PART I - THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

NOTE: OFFERORS MUST COMPLETE AREAS OF CONSIDERATION NOS. 1, 2, AND 3 AND

RETURN WITH PROPOSAL.

AREAS OF CONSIDERATION

1. LOCATIONS OF WORK - Contractors shall place a mark by all location(s) they desire to be considered for award of individual IDIQ projects. Contractors will be provided a fair opportunity to compete for task orders at those locations checked within the dollar range indicated below, if they are awarded a contract.

___ Angeles National Forest ___ Cleveland National Forest ___ Los Padres National Forest ___ San Bernardino National Forest ___ Sequoia National Forest ___ Sierra National Forest

2. DOLLAR VALUE OF PROJECTS

The contractor must mark the dollar range of projects they are interested in receiving consideration for under the IDIQ contract. Each contractor must check ONLY one of the ranges listed below. (This limitation may be due to business size or company bonding limitations)

DOLLAR VALUE

( ) $2,000 - $100,000

( ) $2,000 - $500,000

( ) $2,000 - $1 Million

( ) $2,000 - $2 Million

The Government estimates to award twelve to fifteen contracts pursuant to this solicitation.

3. PROJECT CATEGORIES:

• Road: Work includes repair and construction of native surface, gravel or paved roads; and road repair and reconstruction due to damage from human or natural causes.

• Road decommissioning: Work includes de-compaction, partial or full re-contour to restore the roadway to a hydrological stable condition; removal of drainage structures and associated fill to restore site to natural contour; work may include excavation of stream channels without drainage structures; installation of gradient control devices in channels or sediment basins; seeding, fertilizing and mulching; and the construction of waterbars.

• Bridge: Work includes repair and construction of steel, concrete, and timber road bridges; reconstruction of approaches; and related stream work within the project area.

• Trail bridges located at trailheads readily accessible by conventional road building equipment. Work includes construction or reconstruction of bridge. Site will be accessible from National Forest system or other public roads.

• Culverts, Aquatic Passage Structures, and Ancillary Structures: Work includes road structures for aquatic passages, bottomless arches, small bridges, retaining walls, and cattle guards that are part of National Forest roads.

• Related work includes signs; guardrails; closure devices such as gates, cattle guards, fences; stream grade;

alignment control; and scour protection.

AG-9AB5-S-17-0076 Page 5 of 64

• Maintenance, stream work, or campground work that is associated with but secondary to the primary work is included. Examples are maintaining roads in the project area to prevent rutting, dust control, maintaining drain structures, road and spur improvements in campground, and restoring stream channel within the project area.

NOTE: Each of the resulting contracts will include a base year and four one-year option periods. The Minimum and Maximum values for a single Task Order are $2,000 and $1 million, respectively. The maximum value of all contracts will not exceed $20 million over the life of the contracts. The minimum guaranteed order for each contract is one (1) task order valued at $25,000 for the life of the contract. Payment may be made by issuing an order in an equivalent amount and will be paid only if the awarded contractor continues to compete for, but is not awarded, a task order throughout the life of the contract.

5. TASK ORDERS: As requirements develop, Task Orders will be competed among the awardees, or negotiated on a sole source basis.

6. CLAUSES: Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

7. DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS: In compliance with FAR Subpart 4.8 the Government will retain one copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided.

8. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:

a. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, for proposals, sketches/diagrams , specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer. All questions and requests for information (RFI) must be received NOT LATER THAN TDB and will be posted not later than 72 hours. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding.

b. Any requests for clarifications, discussions, and information concerning this solicitation must be submitted in writing, by email to the contracting office at the addresses shown below:

Vincent Chua U.S. Forest Service Angeles National Forest 701 N Santa Anita Ave.

Arcadia, CA 91006 Email: vchua@fs.fed.us

9. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS: The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on the following website: http://ideasec.nbc.gov. Suggest www.fbo.gov as the Governments main entry point for solicitation access Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information.

10. HAND CARRIED PROPOSALS/INVITATIONS: A repository is provided for hand carried proposals and is located at the Angeles National Forest, 701 N Santa Anita Ave, Arcadia, CA 91006. Hand carried proposals must be handed to the Contracting Officer or a designated representative prior to the time established for receipt of

AG-9AB5-S-17-0076 Page 6 of 64 proposals. Offerors are cautioned that delays are probable at the entry point and should be considered during delivery. Late receipt of proposals due to entry delays may not be deemed excusable and the Contracting Officer may declare the proposal non-responsive.

11. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS. This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

12. EXCEPTIONS: If the offeror takes exception to any of the requirements specified in this solicitation, the offeror’s proposal shall be render unacceptable and ineligible for award.

13. PROPOSAL ACCEPTABILITY: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation

14. NOTICE OF LIQUIDATED DAMAGES: (Ref Contract Clause No. FAR 52.211-12) A liquidated damages clause is set forth in this solicitation in the amount of (to be determined with each Task Order) for each day of delay.

NOTES:

1. Reference Contract Clause 52.215-5 FACSIMILE PROPOSALS. This clause may apply to individual Task Order Request for Proposals to be issued under the basic contract. It does not apply to this (Basic Contract) solicitation.

2. Reference Contract Clause 52.228-15 PERFORMANCE AND PAYMENT BONDS. Applicability will be defined in individual task orders

3. You are invited to submit a proposal in response to our Request for Proposal (RFP) entitled, “US Forest Service Road Construction IDIQ Solicitation” for the Southern California Acquisition Service Area (SCASA).

4. The Government anticipates to award more than one indefinite-delivery, indefinite-quantity, (IDIQ) Contracts.

Awards will be made to offerors whose proposals, responsive and conforming to the RFP, are determined to be most advantageous to the Government in terms of Technical, Price and other factors considered. Projects will principally be road projects specified by a Statement of Work for each task order.

AG-9AB5-S-17-0076 Page 7 of 64

SECTION B - SUPPLIES OR SERVICES AND PRICES

IDIQ Road Construction Services for Southern California Acquisition Service Area

B- 1 Schedule of Items

BASE YEAR:

0001 Core Labor to include labor burden (see section J) ______________%

(Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, Sick and Annual Leave, Severance Pay and Other Benefits).

0002 Performance and/or Payment Bonds _______________%

0003 Subcontractor Markups (Materials) _______________%

0004 Average Profit _______________%

OPTION YEAR 1

0001 Core Labor to include labor burden ______________%

(Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, Sick and Annual Leave, Severance Pay and Other Benefits).

0002 Performance and/or Payment Bonds _______________%

0003 Subcontractor Markups (Materials) _______________%

0004 Average Profit _______________%

OPTION YEAR 2

0001 Core Labor to include labor burden (see section J) ______________%

(Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, Sick and Annual Leave, Severance Pay and Other Benefits).

0002 Performance and/or Payment Bonds _______________%

0003 Subcontractor Markups (Materials) _______________%

0004 Average Profit _______________%

OPTION YEAR 3

0001 Core Labor to include labor burden (see section J) ______________%

(Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, Sick and Annual Leave, Severance Pay and Other Benefits).

0002 Performance and/or Payment Bonds _______________%

0003 Subcontractor Markups (Materials) _______________%

AG-9AB5-S-17-0076 Page 8 of 64

0004 Average Profit _______________%

OPTION YEAR 4

0001 Core Labor to include labor burden (see section J) ______________%

(Social Security, Unemployment Compensation, Workmen’s Compensation Insurance, Contractor Funded Welfare Plans, Sick and Annual Leave, Severance Pay and Other Benefits).

0002 Performance and/or Payment Bonds _______________%

0003 Subcontractor Markups (Materials) _______________%

0004 Average Profit _______________%

Item Description Unit of Issue** 0001 Road Construction See below

** Designated Method of Measurement:

DQ – Designed Quantities; AQ - Actual Quantities, LSQ - Lump Sum Quantities; SQ – Staked Quantities; CQ – Contract Quantities

The above pay item will not be pre-priced. Task Orders will be competed amongst all contract holders for that item number to allow for the maximum pricing flexibility possible.

The pricing proposed on the tasks orders that are part of this solicitation will be used in determining contract awards.

These task orders will be awarded to successful offerors at time of contract award and used to determine price reasonableness.

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B- 3 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $25,000 per awarded contract over the life of the contract, but not in excess of $20,000,000 for all awards for all contracts.

AG-9AB5-S-17-0076 Page 9 of 64

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

The primary objective of this contract is to provide comprehensive technical road construction services for Southern California Acquisition Service Area.

General Scope of Services and Responsibilities

A. Contractor to provide all management, supervision, engineering, quality-control, labor, equipment, materials and supplies necessary to perform a broad range of road construction work on Government infrastructure.

B. The Contractor is professionally responsible for the services performed under this contract. The Contractor shall be responsive to Government-furnished criteria, information, guidance, and review comments. All services shall be in full compliance with Federal, State and local requirements.

The Government intends to make multiple awards of Indefinite Delivery Indefinite Quantity Contracts for road construction and related services. The Government estimates more than one awards will be made. Work may be performed at any location within the Southern California Acquisition Service Area. Work includes general road, bridge, and structure work on Forest Service roads throughout the forests. Successful offerors MUST be capable of performing all work described and contemplated by this solicitation.

Road: Work includes repair and construction of native surface, gravel or paved roads; and road repair and reconstruction due to damage from human or natural causes.

Road decommissioning: Work includes de-compaction, partial or full re-contour to restore the roadway to a hydrological stable condition; removal of drainage structures and associated fill to restore site to natural contour; work may include excavation of stream channels without drainage structures; installation of gradient control devices in channels or sediment basins; seeding, fertilizing and mulching; and the construction of waterbars.

Bridge: Work includes repair and construction of steel, concrete, and timber road bridges; reconstruction of approaches; and related stream work within the project area.

Trail bridges located at trailheads readily accessible by conventional road building equipment. Work includes construction or reconstruction of bridge. Site will be accessible from National Forest system or other public roads.

Culverts, Aquatic Passage Structures, and Ancillary Structures: Work includes road structures for aquatic passages, bottomless arches, small bridges, retaining walls, and cattle guards that are part of National Forest roads.

Related work includes signs; guardrails; closure devices such as gates, cattle guards, fences; stream grade;

alignment control; and scour protection.

Maintenance, stream work, or campground work that is associated with but secondary to the primary work is included. Examples are maintaining roads in the project area to prevent rutting, dust control, maintaining drain structures, road and spur improvements in campground, and restoring stream channel within the project area.

Samples of work excluded from the solicitation and any resulting contract are projects where the primary purpose is general road maintenance that is not part of the construction. Examples are contracts specifically for ditch or culvert cleaning, brushing, dust abatement, or road blading; mine reclamation; stream

AG-9AB5-S-17-0076 Page 10 of 64 restoration; campground reconstruction; trail construction; gravel crushing or crush and placement of gravel.

C- 2 Project Location

Each task order will identify a project specific location. Work may be performed at any location within the boundaries of the National Forests specified below:

Angeles National Forest Cleveland National Forest Los Padres National Forest San Bernardino Trinity National Forest Sequoia National Forest Sierra National Forest

C- 3 Price Range

The maximum award amount for all contracts and all option years is $20 million. The contracts will be managed on a total IDIQ contract basis in lieu of an individual contract basis. No task orders may be awarded after the cumulative total contract amount has reached the maximum award amount.

Price ranges will be established on individual task orders.

C- 4 Government-Furnished Property

To be specified in individual task orders.

C- 5 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-03 and/or FP14, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm.

"Standard Specifications for Construction of Trails" (June 1984) are included in this solicitation by reference only.

The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the "Standard Specifications for Construction of Trails" (June 1984) are available from the Contracting Office that issues the task order.

C- 6 Special Project Specifications

Project specifications applicable to individual task orders shall be provided by the task order contracting office.

C- 7 Drawings

Drawings applicable to individual task orders shall be provided by the task order contracting office.

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

AG-9AB5-S-17-0076 Page 11 of 64

SECTION D- PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including submittals, forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative shall be paid by the Contractor.

D.2 CORRESPONDENCE/SUBMITTALS

Contractor initiated correspondence and submittals shall identify the contract number. All information shall be forwarded to the addresses found in Section G. Correspondence shall be provided as determined and mailed to the Contracting Officer (CO). This would include the Submittal Register and Schedule/Reports. Submittals shall be submitted to the Contracting Officer's Representative (COR) and to the CO.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996)

E- 2 52.246-12 INSPECTION OF CONSTRUCTION (AUGUST 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html http://www.usda.gov/procurement/policy/agar.html

AG-9AB5-S-17-0076 Page 12 of 64 inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E.3 52.246-21 WARRANTY OF CONSTRUCTION (MARCH1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government owned or controlled real or personal property, when that damage is the result of

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, or workmanship.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

AG-9AB5-S-17-0076 Page 13 of 64

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall

(1) Obtain all warranties that would be given in normal commercial practice:

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results from any defect in Government furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of Clause)

E.4 FINAL INSPECTION AND ACCEPTANCE

(a) When the Contractor is ready for final inspection, it shall request final inspection in writing to the Contracting Officer. The final inspection shall be requested ten (10days before the desired date.)

(b) The final inspection shall be performed with the Contractor by the Contracting Officer, Contracting Officer's Representative and the Contract Administrator. Any discrepancies noted shall be corrected within the time specified in the contract for final completion.

(c) Acceptance will be made by the Contracting Officer

(d) Acceptance of the work specified in this contract and work orders hereunder require compliance with the terms and conditions contained in this contract and any work orders issued.

AG-9AB5-S-17-0076 Page 14 of 64

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html.

Clauses requiring information to be filled-in shall be included in individual task orders in full text with the appropriate information added.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.236-1 Performance of Work by the Contractor (APR 1984)

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than TBD at the task order level days after receiving Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in an amount determined for each project for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F- 5 Contract Period:

The effective period of this contract is date of contract award with one base year and four option period. The contract period of performance is five years if option years were exercised.

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SECTION G – CONTRACT ADMINISTRATION

G.1 Designation of Contracting Officer’s Representative

The contracting officer’s representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting officer prior to completion of the contract. The contracting officer should be informed as soon as possible of any actions, or inactions, by the contractor, or the government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

On all matters that pertain to the contract terms and conditions, the contractor shall communicate with the contracting officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.2 Technical Direction

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR.

As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract; (c) Shall not constitute a basis for extension of the contract delivery schedule.Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.3 Job Site Administration

The Government will designate a Construction Inspector (CI) who will be available at the site to inspect the work as it progresses. The CI will prepare an Inspector's Daily Diary, beginning with the first day of the task order, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on the task order, the Contractor's Superintendent, as defined below, shall contact the CI, review the daily diary, and sign as the Contractor's representative. Unless the Contractor's Superintendent makes notations to the contrary on the daily log, the log shall be presumed to be accurate. The CI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COR regarding such decisions and directions. The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation (FAR) Clause 52.236-6.)

G.4 Contract Administration

Only a U.S. Forest Service warranted Contracting Officer may change or modify the terms of this contract. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

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G.5 Internet Payment Platform

Invoices shall be submitted not more frequently than once every two weeks.

The “Submit Invoice-to” address for USDA is the Department of Treasury’s Invoice Processing Platform (IPP). All invoices shall be submitted via this electronic platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm .

Vendors can register at: https://www.ipp.gov/vendors/enrollment-vendors.htm

G.6 Task Order Awards

Task orders awarded against the IDIQ contracts will be administered by contracting officers in the Southern California Acquisition Service Area in accordance with the limitations of their individual contract warrants.

G.7 Davis-Bacon Wage Determinations

No Davis-Bacon (D-B) Wage Determinations are included in this solicitation or subsequent contract awards.

Applicable D-B wage determinations shall be incorporated into individual task orders at the time of award.

G.8 Task Order Clauses

Some task orders may require clause coverage not included in the parent contract or may include clauses which require information to be filled-in at time of task order award. Such clauses shall be included in the task orders either by reference or in full text.

G.9 Process For Competing And Awarding Task Orders

Task orders awarded against IDIQ contracts resulting from this solicitation shall be competed amongst all awardees.

The task order solicitation shall be provided to each awardee either electronically or by hard copy.

Task orders awarded against the IDIQ contracts will be administered by contracting officers in the Northern California Acquisition Service Area in accordance with the limitations of their individual contract warrants.

Each Task order will contain specified response date and time. Any questions related to the project will be submitted to the issuing Contracting Officer. Some Project Proposal Requests may require only a price proposal and others may require a technical proposal.

A written award will be electronically provided to the successful offeror and will result in a binding Project Task Order.

In the event a fair and reasonable price can not be determined, the project will be formally withdrawn for acquisition separate from this contract.

Bonding requirements will apply on the Project Task Order as outlined below:

THRESHOLDS REQUIRED BONDING

Individual Project Task Order amounts less than $35,000.00

No bid guarantee is required.

No bonding is required.

Individual Project Task Order amounts between $35,000.00 and $150,000.00 Refer to FAR 52.228-13 (included in full text in Section I)

No bid guarantee is required.

Alternate Payment Protection is required: 100%

Payment Bond or 100% Deposit [authorized check/MO] https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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Individual Project Task Order amounts greater than $150,000.00 Refer to FAR 52.228-1 (included in full text in Section I) Refer to FAR 52.228-15 (incorporated by reference in Section I)

20% bid guarantee is required.

100% Payment Bond is required.

–AND–

100% Performance Bond is required.

G.10 Fair Opportunity

a. In accordance with FAR 16.505(b)(1)(i), each contractor awarded a base award under this solicitation will be given a fair opportunity to be considered for each order issued over $3,000 unless the following exception(s) apply:

• The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

• Only one contract holder is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

• The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

• It is necessary to place an order to satisfy a minimum guarantee.

b. All contract holders will be given a fair opportunity to be considered in accordance with the FAR as follows:

• For orders exceeding $3,000 up to the simplified acquisition threshold, in accordance with FAR 16.505(b)(1)(ii);

• For orders exceeding the simplified acquisition threshold up to $5 Million, in accordance with 16.505(b)(1)(iii); and,

• For orders exceeding $5 Million, in accordance with FAR 16.505(b)(1)(iv).

Ordering Procedures for Competitive Task Orders

A. Requests for Quotation/Proposals (RFQ)(RFP): When the Government requires work under the IDIQ, an RFQ or RFP will be issued, as appropriate. Projects issued/ordered will be of varying size and complexity. Examples include, but are not limited to, project that contain complete plans and specifications for all elements of work; to projects with limited specifications and/ or sketches. Projects may require incidental design- efforts services. The request will include information such as a, statement of work, specifications, drawings, attachments, information pertaining to a site visit; evaluation criteria, and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Performance and payment bonds shall be required for Task Orders, in accordance with performance and payment bonds and alternative payment protections for construction contracts. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. The basis for award of each task order will be stated in the RFQ/RFP.

B. Upon receipt of the notification from the Contracting Officer, the IDIQ contractors shall respond by attending the project on-site meeting. The project on-site meeting is normally scheduled within seven days from issuance of the "Announcement of Proposed Task Order", and two days under emergency conditions.

C. Task Order competition:

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(1) Under this contract, a wide variety of work projects, determined by the contracting officer to be within the scope of this contract, shall be offered to IDIQ Contractors for the purpose of providing a price or best value proposal.

Individual Task Order awards on those projects will be based on competitive proposals received exclusively from the IDIQ contractors. The Government reserves the right to invite other awardees within this IDIQ to compete a requirement in order to meet the needs of the Government.

(2) All IDIQ contractors found eligible in a designated forest will be provided a fair opportunity to compete for each project offered under this contract unless the following exceptions from fair opportunity to compete requirements and emergency requirements (FAR 16.505(b)(2)) applies.

(a) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

(b) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

(c) The task or delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all eligible awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or

(d) It is necessary to place an order to satisfy a minimum guarantee.

(3) IDIQ contractors shall submit an offer on all projects offered. In the event a contractor is unable to submit an offer in response to an RFQ/RFP, the Contractor shall notify the Contracting Officer electronically via e-mail. In the event a contractor fails to submit three competitive offers, the contractor waives their right to the minimum guarantee. The contracting officer will notify the contractor when their offer record indicates an unacceptable offering amount. In the event the contractor fails to correct this insufficiency, the Government reserves the right to unilaterally cancel the IDIQ contract without further obligation.

D. The Contracting Officer, in making decisions on the award of an individual task…