AG-9AC7-S-17-0019_Final.pdf

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Six Rivers Road Maintenace IDIQ Federal contract opportunity
Solicitation number
AG-9AC7-S-17-0019
Issued by
Department of Agriculture Forest Service R5-Pacific Southwest Region

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AG-9AC7-S-17-0019

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2017 Six Rivers Road Maintenance IDIQ 1

AG-9AC7-S-17-0019

SOLICITATION FORMS

OFFEROR'S COPY

Commercial Services

Issuing Office: Project Name and Location:

U.S.D.A. - Forest Service

Northern California Acquisition Service Area

3644 Avtech Parkway

Redding, CA 96002

Road Maintenance IDIQ Indefinite Delivery Indefinite Quantity

Six Rivers National Forest

Solicitation Number: Issue Date: March 9, 2017

AG-9AC7-S-17-0019 Due Date: April 11, 2017, 3:00 p.m. PT

IMPORTANT INFORMATION

1. This is a Request for Quote (RFQ) requiring a technical response with the price quote. Price information shall be submitted on the Standard Form (SF)-1449. A separate Technical

Proposal is required that addresses the evaluation criteria identified in the Solicitation

Provisions.

2. Electronic transmission is authorized for this solicitation, please see Solicitation Provisions.

Mailed or hand delivered quotes shall be submitted to the issuing office address listed above.

3. This procurement is a 100% set-aside for small business concerns.

4. A DUNS number and registration in the System for Award Management (SAM) is required.

Please note that Vendors shall have a current entity registration in the System for Award

Management (SAM) by the closing date of the solicitation.

2017 Six Rivers Road Maintenance IDIQ 2

TABLE OF CONTENTS

SF-1449

SCHEDULE OF ITEMS

CONTRACT TERMS AND CONDITIONS

1. Clauses Incorporated by Reference FAR 52.252-2 (Feb 1998)

2. Contract Terms and Conditions—Commercial Items FAR 52.212-4 (Jan 2017)

3. Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items FAR 52.212-5 (Jan 2017)

4. Ordering FAR 52.216-18 (Oct 1995)

5. Order Limitations FAR 52.216-19 (Oct 1995)

6. Indefinite Quantity FAR 52.216-22 (Oct 1995)

7. Option to Extend Services FAR 52.217-8 (Nov 1999)

8. Option To Extend The Term of The Contract FAR 52.217-9 (Mar 2000)

9. Statement Of Work/Specifications AGAR 452.211-72 (Feb 1988)

10. Postaward Conference AGAR 452.215-73 (Nov 1996)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

11. Scope of Contract

12. Location

13. Period of Performance, AGAR 452.211-74 (Feb 1988)

14. Coordination Of Specifications

15. Standard Specifications

16. Coordination Of Contract Documents

17. Definitions

18. Abbreviations

19. Quantity Measurement Terms

20. Illustration Of Terms

21. Government-Furnished Property

22. Contractor Personnel and Equipment

23. Contract Administration Data

24. List of Attachments and Exhibits

SOLICITATION PROVISIONS

25. Solicitation Provisions Incorporated by Reference 52.252-1 (Feb 1998)

26. Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, FAR 52.209-11. (Feb 2016)

27. Type of Contract FAR 52.216-1 (Apr 1984)

28. Single or Multiple Awards FAR 52.216-27 (Oct 1995)

29. Service of Protest FAR 52.233-2 (Sep 2006)

30. Site Visit, FAR 52.237-1 (Apr 1984)

31. Size Standard and NAICS Code Information, AGAR 452.219-70 (Sep 2001)

32. Electronic Submissions (Size Limitations)

33. Supplemental Instructions for Submission of Offers and Other Information

34. Evaluation Criteria

35. Award Determination

36. Offeror Representations and Certifications-Commercial Items, FAR 52.212-3 (Jan 2017)

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

9AC7

REDDING CA 96002

3644 AVTECH PARKWAY SUITE 180

R5 NO-CAL ACQ SERVICE AREA NCASA

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

237310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR9AC7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/11/2017 1500 PD

02/22/2017

530-226-2445PAUL WOOD

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-9AC7-S-17-0019

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

EUREKA CA 95501

1330 BAYSHORE WAY

SIX RIVERS NATIONAL FOREST

15. DELIVER TO

REDDING CA 96002

3644 AVTECH PARKWAY SUITE 180

R5 NO-CAL ACQ SERVICE AREA NCASA

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.

SIX RIVERS NATIONAL FOREST

ROAD MAINTENANCE

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

DUNS: _____________________________________

Email: ____________________________________ Period of Performance: 07/01/2017 to 06/30/2018

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

PAUL M. WOOD

. 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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

2017 Six Rivers Road Maintenance IDIQ 5

SCHEDULE OF ITEMS

Road Maintenance Indefinite Delivery Indefinite Quantity (IDIQ)

The contractor shall furnish all equipment, fuel, maintenance, labor, supervison, transportation, materials, tools, supplies, safety signs, and incidentals necessary for the maintenance of Forest Development Roads within the boundries and jurisdiction of the Six Rivers National Forest.

1 GASQUET/ORLEANS/UKONOM RANGER DISTRICTS (Base Year)

Pay Item

Description Est.

Qty

Unit Unit Price

Total Price

807(1)a Rental Equipment, Motor Grader, 140 HP Minimum

5.0 HR $_______ $______

807(1)b Rental Equipment, Backhoe, 4-Wheel Drive, 70 HP Minimum

5.0 HR $_______ $______

807(1)c Rental Equipment, Front End Loader, 4- Wheel Drive, 170 HP Minimum

5.0 HR $_______ $______

807(1)d Rental Equipment, Dozer with Rippers, 150 HP Minimum

5.0 HR $_______ $______

807(1)e Rental Equipment, Excavator, Tracked, 135 HP Minimum

5.0 HR $_______ $______

807(1)f Rental Equipment, Roller, 8-10 Tons, Smooth, Self Propelled

5.0 HR $_______ $______

807(1)g Rental Equipment, Dump Truck, Diesel, 10 Cubic Yards

5.0 HR $_______ $______

807(1)h Rental Equipment, Chainsaw, 36 inch

5.0 HR $_______ $______

807(2) Rental Moving, Truck Transport

5.0 HR $_______ $______

807(3) Laborer

5.0 HR $_______ $______

811(1) Blading Surfaced Roads

10.0 MI $_______ $______

811(2) Blading Native and Pit Run Roads 10.0 MI $_______ $______

811(5) Compaction - Method B 2.0 MI $_______ $______

811(6) Scarification 2.0 PM $_______ $______

813(3) Spot Surfacing, Grading 1 50.0 TON $_______ $______

813(4) Spot Surfacing, Grading 1, Government Furnished Materials

50.0 CY $_______ $______

813(5) Compaction Mehtod B 50.0 SY $_______ $______

814(3) Pothole Patching 50.0 SY $_______ $______

831(1) Clean and Reshape Drainage Ditch

5.0 DM $_______ $______

831(2) Clean and Reshape Lead off Ditch

5 EA $_______ $______

831(3) Remove Vegetation Larger Than 1"and Less Than 6" in Diameter

5.0 DM $_______ $______

831(4) Remove Vegetation 6" and Larger in Diameter

10 EA $_______ $______

832(1)a Minor Removal and Disposal, Placement Method 1

500.0 CY $_______ $______

2017 Six Rivers Road Maintenance IDIQ 6

1 GASQUET/ORLEANS/UKONOM RANGER

DISTRICTS (Base Year) Continued

832(2)a Minor Removal and Disposal, Placement Method 2 500.0 CY

832(3)a Haul (associated with 832 (1)a & 832 (2)a

100.0 YM

832(4) Hauling Contaminated Materials

50 YM

834(1) Clean Culverts 24" Diameter and under

100 EA

834(2) Clean Culverts Over 24" Through 48" Diameter 20 EA

834(3) Clean Culverts Over 48" Diameter

10 EA

838(1) Maintenance for Limited Use

2 MI

851(1) Logging Out Marked Trees Less Than 24 Inches Diameter 10 EA

851(2) Logging Out Marked Trees 24 Inches Diameter and Over 10 EA

851(5) Logging Out Unmarked Trees, All trees

10 MI

854(1) Removal of Hazard Trees (24" Diameter and Under) 5 EA

854(2) Removal of Hazard Trees (Over 24" diameter) 5 EA

854(3) Removal of Rocks & Stumps

5 EA

861(1) Maintain One-lane Cattleguard

2 EA

861(3) Maintain traffic gate

2 EA

861(4) Welding Cattlegaurd or Gate

2 HOUR

861(5) Maintain rock/earth barrier

2 EA

872(3) Replace Metal Sign Post

2 EA

872(4) Replace Wood Sign Post

2 EA

872(5) Remount Sign (1 or 2 Posts)

2 EA

881(2) Mobilization

1 EA

883(1) Cleaning of Equipment

5 EA

884(1) Rice Straw Mulch

5 BALE

884(2) Wattles

50 LF

884(3) Sandbag

10 EA

891(2) Water for Section 811 & 813

30 MGAL

TOTAL FOR ITEM 1 (Base Year) = $_______ $______

2017 Six Rivers Road Maintenance IDIQ 7

LOWER TRINITY/MAD RIVER RANGER DISTRICTS

(Base Year)

Pay Item Description Est. Qty Unit Unit Price Total Price

807(1)a

Rental Equipment, Motor Grader, 140 HP Minimum 5.0 HR

807(1)b

Rental Equipment, Backhoe, 4-Wheel Drive, 70 HP Minimum 5.0 HR

807(1)c

Rental Equipment, Front End Loader, 4- Wheel Drive, 170 HP Minimum 5.0 HR

807(1)d

Rental Equipment, Dozer with Rippers, 150 HP Minimum 5.0 HR

807(1)e

Rental Equipment, Excavator, Tracked, 135 HP Minimum 5.0 HR

807(1)f

Rental Equipment, Roller, 8-10 Tons, Smooth, Self Propelled 5.0 HR

807(1)g

Rental Equipment, Dump Truck, Diesel, 10 Cubic Yards 5.0 HR

807(1)h Rental Equipment, Chainsaw, 36 inch 5.0 HR $________ $________

807(2) Rental Moving, Truck Transport 5.0 HR $________ $________

807(3) Laborer 5.0 HR $________ $________

811(1) Blading Surfaced Roads 10.0 MI $________ $________

811(2) Blading Native and Pit Run Roads 10.0 MI $________ $________

811(5) Compaction - Method B 2.0 MI $________ $________

811(6) Scarification 2.0 PM $________ $________

813(3) Spot Surfacing, Grading 1 50.0 TON $________ $________

813(4) Spot Surfacing, Grading 1, Government Furnished Materials 50.0 CY

813(5) Compaction Mehtod B 50.0 SY $________ $________

814(3) Pothole Patching 50.0 SY $________ $________

831(1) Clean and Reshape Drainage Ditch 5.0 DM $________ $________

831(2) Clean and Reshape Lead off Ditch 5 EA $________ $________

831(3) Remove Vegetation Larger Than 1"and Less Than 6" in Diameter 5.0 DM

831(4)

Remove Vegetation 6" and Larger in Diameter 10 EA

832(1)a

Minor Removal and Disposal, Placement Method 1 500.0 CY

832(2)a

Minor Removal and Disposal, Placement Method 2 500.0 CY

832(3)a Haul (associated with 832 (1)a & 832 (2)a 100.0 YM $________ $________

832(4) Hauling Contaminated Materials 50 YM $________ $________

834(1) Clean Culverts 24" Diameter and under 100 EA $________ $________

834(2)

Clean Culverts Over 24" Through 48" Diameter 20 EA

834(3) Clean Culverts Over 48" Diameter 10 EA $________ $________

2017 Six Rivers Road Maintenance IDIQ 8

LOWER TRINITY/MAD RIVER RANGER DISTRICTS

(Base Year)

Continued

838(1) Maintenance for Limited Use 2 MI $________ $________

851(1)

Logging Out Marked Trees Less Than 24 Inches Diameter 10 EA

851(2)

Logging Out Marked Trees 24 Inches Diameter and Over 10 EA

851(5) Logging Out Unmarked Trees, All trees

10 MI

854(1) Removal of Hazard Trees (24" Diameter and Under)

5 EA $________ $________

854(2)

Removal of Hazard Trees (Over 24" diameter) 5 EA

854(3) Removal of Rocks & Stumps

5 EA

861(1) Maintain One-lane Cattleguard

2 EA

861(3) Maintain traffic gate

2 EA $________ $________

861(4) Welding Cattlegaurd or Gate

2 HR

861(5) Maintain rock/earth barrier

872(3) Replace Metal Sign Post

872(4) Replace Wood Sign Post 2 EA $________ $________

872(5) Remount Sign (1 or 2 Posts) 2 EA $________ $________

881(2) Mobilization 1 EA $________ $________

883(1) Cleaning of Equipment 5 EA $________ $________

884(1) Rice Straw Mulch 5 BALE $________ $________

884(2) Wattles 50 LF $________ $________

884(3) Sandbag 10 EA $________ $________

891(2) Water for Section 811 & 813 30 MGAL $________ $________

TOTAL FOR ITEM 2 (Base Year) $________

2017 Six Rivers Road Maintenance IDIQ 9

1a GASQUET/ORLEANS/UKONOM RANGER DISTRICTS

(OPTION 1)

Item

Description Est.

Qty

Unit Unit Price

Total Price

807(1)a Rental Equipment, Motor Grader, 140 HP Minimum

5.0 HR

807(1)b Rental Equipment, Backhoe, 4-Wheel Drive, 70 HP Minimum

5.0 HR

807(1)c Rental Equipment, Front End Loader, 4- Wheel Drive, 170 HP Minimum

5.0 HR

807(1)d Rental Equipment, Dozer with Rippers, 150 HP Minimum

5.0 HR

807(1)e Rental Equipment, Excavator, Tracked, 135 HP Minimum

5.0 HR

807(1)f Rental Equipment, Roller, 8-10 Tons, Smooth, Self Propelled

5.0 HR

807(1)g Rental Equipment, Dump Truck, Diesel, 10 Cubic Yards

5.0 HR

807(1)h Rental Equipment, Chainsaw, 36 inch 5.0 HR $_______ $_______

807(2) Rental Moving, Truck Transport 5.0 HR $_______ $_______

807(3) Laborer 5.0 HR $_______ $_______

811(1) Blading Surfaced Roads 10.0 MI $_______ $_______

811(2) Blading Native and Pit Run Roads 10.0 MI $_______ $_______

811(5) Compaction - Method B 2.0 MI $_______ $_______

811(6) Scarification 2.0 PM $_______ $_______

813(3) Spot Surfacing, Grading 1 50.0 TON $_______ $_______

813(4) Spot Surfacing, Grading 1, Government Furnished Materials

50.0 CY

813(5) Compaction Mehtod B 50.0 SY $_______ $_______

814(3) Pothole Patching 50.0 SY $_______ $_______

831(1) Clean and Reshape Drainage Ditch 5.0 DM $_______ $_______

831(2) Clean and Reshape Lead off Ditch 5 EA $_______ $_______

831(3) Remove Vegetation Larger Than 1"and Less Than 6" in Diameter

5.0 DM

831(4) Remove Vegetation 6" and Larger in Diameter

10 EA

832(1)a Minor Removal and Disposal, Placement Method 1

500.0 CY

832(2)a Minor Removal and Disposal, Placement Method 2

500.0 CY

832(3)a Haul (associated with 832 (1)a & 832 (2)a

100.0 YM

832(4) Hauling Contaminated Materials 50 YM $_______ $_______

834(1) Clean Culverts 24" Diameter and under 100 EA $_______ $_______

834(2) Clean Culverts Over 24" Through 48" Diameter

20 EA

834(3) Clean Culverts Over 48" Diameter 10 EA $_______ $_______

838(1) Maintenance for Limited Use 2 MI $_______ $_______

2017 Six Rivers Road Maintenance IDIQ 10

1a GASQUET/ORLEANS/UKONOM RANGER

DISTRICTS (OPTION 1)

~ Continued~

851(1) Logging Out Marked Trees Less Than 24 Inches Diameter

10 EA $_______ $_______

851(2) Logging Out Marked Trees 24 Inches Diameter and Over

10 EA $_______ $_______

851(5) Logging Out Unmarked Trees, All trees

10 MI $_______ $_______

854(1) Removal of Hazard Trees (24" Diameter and Under)

5 EA $_______ $_______

854(2) Removal of Hazard Trees (Over 24" diameter)

5 EA $_______ $_______

854(3) Removal of Rocks & Stumps

5 EA $_______ $_______

861(1) Maintain One-lane Cattleguard

2 EA $_______ $_______

861(3) Maintain traffic gate

2 EA $_______ $_______

861(4) Welding Cattlegaurd or Gate

2 HOUR $_______ $_______

861(5) Maintain rock/earth barrier

2 EA $_______ $_______

872(3) Replace Metal Sign Post

2 EA $_______ $_______

872(4) Replace Wood Sign Post

2 EA $_______ $_______

872(5) Remount Sign (1 or 2 Posts)

2 EA $_______ $_______

881(2) Mobilization

1 EA $_______ $_______

883(1) Cleaning of Equipment

5 EA $_______ $_______

884(1) Rice Straw Mulch

5 BALE $_______ $_______

884(2) Wattles

50 LF $_______ $_______

884(3) Sandbag

10 EA $_______ $_______

891(2) Water for Section 811 & 813

30 MGAL $_______ $_______

TOTAL FOR OPTION YEAR 1 = $_______

2017 Six Rivers Road Maintenance IDIQ 11

No.

OPTION YEAR 1

2a

LOWER TRINITY/MAD RIVER RANGER

DISTRICTS (Option Year 1)

Description Est.

Qty

Unit Unit Price Total Price

807(1)a Rental Equipment, Motor Grader, 140 HP Minimum

5.0 HR

807(1)b Rental Equipment, Backhoe, 4-Wheel Drive, 70 HP Minimum

5.0 HR

807(1)c Rental Equipment, Front End Loader, 4-Wheel Drive, 170 HP Minimum

5.0 HR

807(1)d Rental Equipment, Dozer with Rippers, 150 HP Minimum

5.0 HR

807(1)e Rental Equipment, Excavator, Tracked, 135 HP Minimum

5.0 HR

807(1)f Rental Equipment, Roller, 8-10 Tons, Smooth, Self Propelled

5.0 HR

807(1)g Rental Equipment, Dump Truck, Diesel, 10 Cubic Yards

5.0 HR

807(1)h Rental Equipment, Chainsaw, 36 inch 5.0 HR $________ $________

807(2) Rental Moving, Truck Transport 5.0 HR $________ $________

807(3) Laborer 5.0 HR $________ $________

811(1) Blading Surfaced Roads 10.0 MI $________ $________

811(2) Blading Native and Pit Run Roads 10.0 MI $________ $________

811(5) Compaction - Method B 2.0 MI $________ $________

811(6) Scarification 2.0 PM $________ $________

813(3) Spot Surfacing, Grading 1 50.0 TON $________ $________

813(4) Spot Surfacing, Grading 1, Government Furnished Materials

50.0 CY

813(5) Compaction Mehtod B 50.0 SY $________ $________

814(3) Pothole Patching 50.0 SY $________ $________

831(1) Clean and Reshape Drainage Ditch 5.0 DM $________ $________

831(2) Clean and Reshape Lead off Ditch 5 EA $________ $________

831(3) Remove Vegetation Larger Than 1"and Less Than 6" in Diameter

5.0 DM

831(4) Remove Vegetation 6" and Larger in Diameter

10 EA

832(1)a Minor Removal and Disposal, Placement Method 1

500.0 CY

832(2)a Minor Removal and Disposal, Placement Method 2

500.0 CY

832(3)a Haul (associated with 832 (1)a & 832 (2)a

100.0 YM

2017 Six Rivers Road Maintenance IDIQ 12

2a

DISTRICTS (Option Year 1)

832(4) Hauling Contaminated Materials 50 YM

834(1) Clean Culverts 24" Diameter and under 100 EA

834(2) Clean Culverts Over 24" Through 48" Diameter

20 EA

834(3) Clean Culverts Over 48" Diameter 10 EA

838(1) Maintenance for Limited Use 2 MI

851(1) Logging Out Marked Trees Less Than 24 Inches Diameter

10 EA $________ $________

851(2) Logging Out Marked Trees 24 Inches Diameter and Over

10 EA $________ $________

851(5) Logging Out Unmarked Trees, All trees

10 MI $________ $________

854(1) Removal of Hazard Trees (24" Diameter and Under)

5 EA $________ $________

854(2) Removal of Hazard Trees (Over 24" diameter)

5 EA $________ $________

854(3) Removal of Rocks & Stumps 5 EA $________ $________

861(1) Maintain One-lane Cattleguard 2 EA $________ $________

861(3) Maintain traffic gate 2 EA $________ $________

861(4) Welding Cattlegaurd or Gate 2 HOUR $________ $________

861(5) Maintain rock/earth barrier 2 EA $________ $________

872(4) Replace Wood Sign Post

872(5) Remount Sign (1 or 2 Posts)

881(2) Mobilization

1 EA

883(1) Cleaning of Equipment

884(1) Rice Straw Mulch

5 BALE

884(2) Wattles

50 LF

884(3) Sandbag

10 EA

891(2) Water for Section 811 & 813

30 MGAL $________ $________

TOTAL FOR ITEM 1a (Option Year 1) = $________

2017 Six Rivers Road Maintenance IDIQ 13

1b GASQUET/ORLEANS/UKONOM RANGER DISTRICTS

(OPTION 2)

Description Est.

Qty

Unit Unit Price

Total Price

807(1)a Rental Equipment, Motor Grader, 140 HP Minimum 5.0 HR

807(1)b Rental Equipment, Backhoe, 4-Wheel Drive, 70 HP Minimum 5.0 HR

807(1)c Rental Equipment, Front End Loader, 4- Wheel Drive, 170 HP Minimum 5.0 HR

807(1)d Rental Equipment, Dozer with Rippers, 150 HP Minimum 5.0 HR

807(1)e Rental Equipment, Excavator, Tracked, 135 HP Minimum 5.0 HR

807(1)f Rental Equipment, Roller, 8-10 Tons, Smooth, Self Propelled 5.0 HR

807(1)g Rental Equipment, Dump Truck, Diesel, 10 Cubic Yards 5.0 HR

807(1)h Rental Equipment, Chainsaw, 36 inch 5.0 HR $_______ $_______

807(2) Rental Moving, Truck Transport 5.0 HR $_______ $_______

807(3) Laborer 5.0 HR $_______ $_______

811(1) Blading Surfaced Roads 10.0 MI $_______ $_______

811(2) Blading Native and Pit Run Roads 10.0 MI $_______ $_______

811(5) Compaction - Method B 2.0 MI $_______ $_______

811(6) Scarification 2.0 PM $_______ $_______

813(3) Spot Surfacing, Grading 1 50.0 TON $_______ $_______

813(4) Spot Surfacing, Grading 1, Government Furnished Materials 50.0 CY

813(5) Compaction Mehtod B 50.0 SY $_______ $_______

814(3) Pothole Patching 50.0 SY $_______ $_______

831(1) Clean and Reshape Drainage Ditch 5.0 DM $_______ $_______

831(2) Clean and Reshape Lead off Ditch 5 EA $_______ $_______

831(3) Remove Vegetation Larger Than 1"and Less Than 6" in Diameter 5.0 DM

831(4) Remove Vegetation 6" and Larger in Diameter 10 EA

832(1)a Minor Removal and Disposal, Placement Method 1 500.0 CY

832(2)a Minor Removal and Disposal, Placement Method 2 500.0 CY

832(3)a Haul (associated with 832 (1)a & 832 (2)a 100.0 YM

832(4) Hauling Contaminated Materials

50 YM $_______ $_______

834(1) Clean Culverts 24" Diameter and under

100 EA $_______ $_______

834(2) Clean Culverts Over 24" Through 48" Diameter 20 EA

834(3) Clean Culverts Over 48" Diameter

10 EA $_______ $_______

838(1) Maintenance for Limited Use

2 MI $_______ $_______

2017 Six Rivers Road Maintenance IDIQ 14

1b GASQUET/ORLEANS/UKONOM RANGER

DISTRICTS (OPTION 2)

~ Continued~

851(1) Logging Out Marked Trees Less Than 24 Inches Diameter

10 EA

851(2) Logging Out Marked Trees 24 Inches Diameter and Over

10 EA

851(5) Logging Out Unmarked Trees, All trees 10 MI

854(1) Removal of Hazard Trees (24" Diameter and Under)

5 EA

854(2) Removal of Hazard Trees (Over 24" diameter)

5 EA

854(3) Removal of Rocks & Stumps 5 EA $_______ $_______

861(1) Maintain One-lane Cattleguard 2 EA $_______ $_______

861(3) Maintain traffic gate 2 EA $_______ $_______

861(4) Welding Cattlegaurd or Gate 2 HOUR $_______ $_______

861(5) Maintain rock/earth barrier 2 EA $_______ $_______

872(3) Replace Metal Sign Post 2 EA $_______ $_______

872(4) Replace Wood Sign Post 2 EA $_______ $_______

872(5) Remount Sign (1 or 2 Posts) 2 EA $_______ $_______

881(2) Mobilization 1 EA $_______ $_______

883(1) Cleaning of Equipment 5 EA $_______ $_______

884(1) Rice Straw Mulch 5 BALE $_______ $_______

884(2) Wattles 50 LF $_______ $_______

884(3) Sandbag 10 EA $_______ $_______

891(2) Water for Section 811 & 813 30 MGAL $_______ $_______

TOTAL FOR OPTION YEAR 2 = $_______

2017 Six Rivers Road Maintenance IDIQ 15

No.

OPTION YEAR 2

2b LOWER TRINITY/MAD RIVER RANGER

DISTRICTS

Description Est.

Qty

Unit Unit Price Total Price

807(1)a Rental Equipment, Motor Grader, 140 HP Minimum

5.0 HR

807(1)b Rental Equipment, Backhoe, 4-Wheel Drive, 70 HP Minimum

5.0 HR

807(1)c Rental Equipment, Front End Loader, 4-Wheel Drive, 170 HP Minimum

5.0 HR

807(1)d Rental Equipment, Dozer with Rippers, 150 HP Minimum

5.0 HR

807(1)e Rental Equipment, Excavator, Tracked, 135 HP Minimum

5.0 HR

807(1)f Rental Equipment, Roller, 8-10 Tons, Smooth, Self Propelled

5.0 HR

807(1)g Rental Equipment, Dump Truck, Diesel, 10 Cubic Yards

5.0 HR

807(1)h Rental Equipment, Chainsaw, 36 inch 5.0 HR $________ $________

807(2) Rental Moving, Truck Transport 5.0 HR $________ $________

807(3) Laborer 5.0 HR $________ $________

811(1) Blading Surfaced Roads 10.0 MI $________ $________

811(2) Blading Native and Pit Run Roads 10.0 MI $________ $________

811(5) Compaction - Method B 2.0 MI $________ $________

811(6) Scarification 2.0 PM $________ $________

813(3) Spot Surfacing, Grading 1 50.0 TON $________ $________

813(4) Spot Surfacing, Grading 1, Government Furnished Materials

50.0 CY

813(5) Compaction Mehtod B 50.0 SY $________ $________

814(3) Pothole Patching 50.0 SY $________ $________

831(1) Clean and Reshape Drainage Ditch 5.0 DM $________ $________

831(2) Clean and Reshape Lead off Ditch 5 EA $________ $________

831(3) Remove Vegetation Larger Than 1"and Less Than 6" in Diameter

5.0 DM

831(4) Remove Vegetation 6" and Larger in Diameter

10 EA

832(1)a Minor Removal and Disposal, Placement Method 1

500.0 CY

832(2)a Minor Removal and Disposal, Placement Method 2

500.0 CY

832(3)a Haul (associated with 832 (1)a & 832 (2)a

100.0 YM

2017 Six Rivers Road Maintenance IDIQ 16

2b

DISTRICTS (Option Year 2)

Description Est.

Qty

Unit Unit Price Total Price

832(4) Hauling Contaminated Materials 50 YM $________ $________

834(1) Clean Culverts 24" Diameter and under 100 EA $________ $________

834(2) Clean Culverts Over 24" Through 48" Diameter

20 EA $________ $________

834(3) Clean Culverts Over 48" Diameter 10 EA $________ $________

838(1) Maintenance for Limited Use 2 MI $________ $________

851(1) Logging Out Marked Trees Less Than 24 Inches Diameter

10 EA $________ $________

851(2) Logging Out Marked Trees 24 Inches Diameter and Over

10 EA $________ $________

851(5) Logging Out Unmarked Trees, All trees

10 MI $________ $________

854(1) Removal of Hazard Trees (24" Diameter and Under)

5 EA $________ $________

854(2) Removal of Hazard Trees (Over 24" diameter)

5 EA $________ $________

854(3) Removal of Rocks & Stumps 5 EA $________ $________

861(1) Maintain One-lane Cattleguard 2 EA $________ $________

861(3) Maintain traffic gate 2 EA $________ $________

861(4) Welding Cattlegaurd or Gate 2 HOUR $________ $________

861(5) Maintain rock/earth barrier 2 EA $________ $________

872(4) Replace Wood Sign Post

872(5) Remount Sign (1 or 2 Posts)

881(2) Mobilization

1 EA

883(1) Cleaning of Equipment

884(1) Rice Straw Mulch

5 BALE

884(2) Wattles

50 LF

884(3) Sandbag

10 EA

891(2) Water for Section 811 & 813

30 MGAL $________ $________

TOTAL FOR ITEM (Option Year 2) = $________

2017 Six Rivers Road Maintenance IDIQ 17

MI = Mile PM = Pass Mile LF = Linear Foot LB = Pound SY = Square Yard CY = Cubic Yard MGAL = 1,000 Gallons GAL = Gallon SLM = Single Lane MIle DM = Ditch Mile TM = Ton Mile SM = Side Mile EA = Each YM = Yard Mile

AWARD OF CONTRACT – Award may be made to only one contractor on a per item basis based on the Unit Price sum total. If the unit price on any Pay Item is left blank or shown as “No Bid”, the entire quote will be considered unacceptable.

AUTHORIZED ORDERING OFFICIALS

Warranted Forest Service Contracting Officers operating within the scope of their authority are authorized to place task orders against this contract within the geographic areas identified in the Scope of Work. Task Orders (TOs) will be issued during the performance period of this contract.

QUANTITIES APPEARING IN THIS SCHEDULE ARE ONLY ESTIMATES

B.1 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73)(FEB

1988) During the period specified in FAR Clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $10,000 but not in excess of $1,500,000 for all items.

2017 Six Rivers Road Maintenance IDIQ 18

CONTRACT TERMS AND CONDITIONS

1. Clauses Incorporated by Reference FAR 52.252-2 (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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-4 Printed Or Copied Double-Sided On Recycled Paper (May 2011) 52.223-2 Affirmative Procurement Of Biobased Products Under Service And Construction Contracts (Sept 2013) 52.223-3 Hazardous Material Identification And Material Safety Data Alternate 1 (Jan 1997) 52.223-10 Waste Reduction Program (May 2011) 52.232-39 Unenforceability Of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (AP 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operation and Storage Areas (Apr 1984) 52.236-12 Cleaning up (APR 1984) 52.236-13 Accident Prevention (Nov 1991) 52.242-14 Suspension of Work (Apr 1984) 52.242-15 Stop Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984 52.246-4 Inspection of Services—Fixed Price (Aug 1996)

USDA ACQUISITION REGULATION (AGAR) CLAUSES

452.211-73 Attachments to Statement of Work/Specifications (Feb 1988) 452.236-73 Archaeological or Historic Sites (Feb 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (Feb 1988) 452.236-77 Emergency Response (AGAR) (Nov1996) 452.237-75 Restrictions Against Disclosure (Feb 1988)

2. Contract Terms and Conditions—Commercial Items FAR 52.212-4 (Jan 2017)

(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 post-acceptance 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 https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

2017 Six Rivers Road Maintenance IDIQ 19 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 Governmentwide 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, 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.

2017 Six Rivers Road Maintenance IDIQ 20

(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). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate

2017 Six Rivers Road Maintenance IDIQ 21 applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage

2017 Six Rivers Road Maintenance IDIQ 22 of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

2017 Six Rivers Road Maintenance IDIQ 23

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

2017 Six Rivers Road Maintenance IDIQ 24

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

3. Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items FAR 52.212-5 (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

XX (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

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

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

2017 Six Rivers Road Maintenance IDIQ 25

U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror…

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