IDIQ SOW RandB Const and Maint .docx

PART I—THE SCHEDULE

SECTION A—PROJECT GENERAL INFORMATION

A.9 FOR INFORMATION CALL:

A.10 THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK

DESCRIBED IN THESE DOCUMENTS

Road and Bridge Construction and Maintenance Indefinate Delivery Indefinate Quantity Contract (RBCM IDIQ)

White River National Forest

Between $2,500 and $5,000,000 Road and Bridge Construction and Maintenance IDIQ White River National Forest

1240LT21Q0046

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Schedule of Items (Base Year)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-2 Schedule of Items (Option Year One)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-3 Schedule of Items (Option Year Two)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-4 Schedule of Items (Option Year Three)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

B-5 Schedule of Items (Option Year Four)

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Insert Contractor Name and Place of Business Address Below:

Note: There are no minimum size requirements. List the size category as well as make and model of the equipment suitable for emergency work such as; slide/debris removal and culvert inlet clearing on forest roads.

1. This is an Indefinite Delivery Indefinite Quantities (IDIQ) contract. The rates bid in section B-1 are for price evaluation purposes only.

2. Mobilization covers the movement of personnel, equipment, supplies, and incidentals to the project area. Requirements and provisions shall follow Section151 in the FP-14 specifications for construction task orders and Specification 881 in the Road Maintenance Performance Based Specifications for service task orders.

3. When mobilization costs are measured by the mile, they will be calculated from the contractor’s place of business (as identified in the schedule of items) to the project location designated in each task order. Mileage associated with the transportation of equipment between job locations for a task order with multiple project sites greater than 5 miles apart shall be included in the mobilization unity quantity for that task.

4. Task orders placed against this IDIQ contract will include Pay Item Numbers and Quantity of each Subitem ordered. A work order will be issued, designating the work to be completed for each task order and the time frame in which the work shall be completed. Payments will only be made on those items completed by the Contractor, inspected, and accepted by the Government.

5. The Forest Service may utilize an approach in which specific equipment will be ordered, with an operator, on a per hour basis for emergency situations. In such a situation, it may not be possible to accurately estimate the amount or duration of work needed for project completion. The Contractor shall provide the necessary equipment, with operator, to adequately perform the work identified in the task order. If additional hours are needed, a modification will be issued in writing, by the Contracting Officer to add the required hours needed and will pay based on the awarded pricing.

6. Price proposals shall be submitted for each task order.

7. The method of payment for emergency services only is by the hour. All other work ordered units will be determined on the task order level.

8. This Request for Proposal (RFP) is 100% Set-aside for Small Business Concerns. Awarded Contracts will be for a base year with four additional optional years.

9. Be sure to submit the capability information, (past performance and experience) as required, to be evaluated for contract award as identified in FAR 52.212-2 Evaluation. Failure to submit the required information will cause the offeror to be evaluated as if they had no experience or past performance.

10. All danger tree removals shall include removal of all limbs and debris within the traveled way and clear width per specification 851.

11. Contractors are responsible for field verifying conditions of solicited bid items to calculate the work required to give an adequate bid. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers.

12. When there is no government source available for rock or embankment material, material will need to be obtained from a weed free commercial source. Commercial material sources must be approved by the forest service prior to transporting the material onto National Forest Lands. Submit scale tickets for any material from CO approved commercial source. Weight slips shall be signed by the scale operator or signed by the service provider if the slip is electronically produced.

13. In accordance with FP-14 109.05 the quantities listed in the bid schedule are approximate unless designated as a contract quantity. Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

14. Contractors are responsible for ensuring the bid item payment units are understood. For example, the pay unit for single lane mile or double lane mile is paid by the distance between beginning and end points and not by the distance accumulated by the number of passes the work requires.

15. The Contractor shall obtain utility line locates prior to ground disturbing activities (call 811). The Forest Service will share information about any utilities known, but it is ultimately the Contractor’s responsibility to locate all utility lines.

B-6 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

A. During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $2,500.00 but not in excess of $ 5,000,000.00. The maximum is inclusive of all options and the combined total of all task orders issued under all awarded contracts.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

A. The intent of this Road and Bridge Construction and Maintenance IDIQ (RBCM IDIQ) construction and service contract is to provide for road and bridge construction and maintenance on the White River National Forest. The road work may occur on any district within the forest, see the attached maps. The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section C within the timeframe specified in Section F of the contract. The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

B. See Section C-14 for a list of road and bridge construction and maintenance covered in this contract. Road maintenance services shall comply with the Service Contract Act and road and bridge construction shall comply with the Construction Wage Rate Requirements Statute (CWRRS).

C. Task orders as a result of the awarded contract(s) will be awarded competitively, unless the Contracting Officer determines a sole source award is necessary and/or in an emergency need, there is not time to compete before award.

D. Road and bridge maintenance services may include but are not limited to: roadside brushing, hazard tree removal, minor road damage repairs, ditch cleaning, culvert cleaning, surface maintenance (grading), dust abatement, road surface stabilization (MgCl application), drainage structure rehabilitation, minor aggregate haul and placement, asphalt surface maintenance, maintenance of cattleguards gates, fences and traffic signs and minor culvert and drainage repair. Contractors shall comply with the Service Contract Act for the work described in this paragraph.

E. Road and bridge construction may include but is not limited to: roadway and bridge construction, rock pit and quarry development, clearing and grubbing, excavation and embankment, subgrade stabilization, blasting, road milling, drainage structure installation, aggregate base and surfacing, road reconditioning, concrete, asphalt paving and patching, major slump/slide remove, sign installation, cattleguard installation, gate and guardrail installation, road bridge maintenance, trail bridge construction and maintenance and roadway obliteration. Contractors shall comply with the CWRRS for the work described in this paragraph.

C-2 Location of Project

A. The project area is described herein and shown on the attached maps (See Section J, List of Attachments). The work is located within the boundary of the White River National Forest. Exact locations of work required will be outlined in the individual Task Order.

C-3 Ordering Procedures for Competitive Task Orders

A. As previously mentioned, unless emergency situations arise, task orders will be awarded competitively between all the awarded IDIQ Contractors.

1. Task order proposals will not be publicly opened or released. Unsuccessful offeror’s task order proposal information will not be made available.

2. A Request for Quote (RFQ) will be issued to all awarded Contractors and includes the scope of work, specifications, and all attachments.

B. When the Government requires work under this IDIQ, an RFQ will be issued to the awarded IDIQ Contractors. This RFQ will include information such as contract requirements, physical data, site visit details, evaluation criteria, drawings, a schedule of items (unless emergency situations) and submission requirements.

C. Contractors will not be reimbursed for quote preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs.

1. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers. The Government may or may not schedule a joint site visit for individual task orders.

2. Government payment for items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor.

D. Declining a Task Order: Each Contractor shall submit offers on at least 30% of the issued task orders, until awarded a task order which satisfies the minimum contract amount. After the minimum has been satisfied, they are not required to submit a quote for each task order, although encouraged. The Contractor must give written notification to the Contracting Officer of the intent to decline competing for a subsequent task order.

E. Evaluation Method and Procedures: The basis of award for individual task orders may vary dependent upon the goals and objectives for each task order. The basis of award will be described in the RFQ.

F. Award Decision: When possible, award will be made without discussions. Task orders will be Firm Fixed-Price with a specific completion date or performance period. The Government reserves the right to reject all offers.

G. Task Order Format: The task order award documents will contain task order specific clauses and provisions. All other clauses and provisions will be in the master IDIQ.

H. Task Order Award Notification: The task order award will be submitted via mail, facsimile, or e- mail.

I. Performance/Payment Bonds: The Contractor shall submit Performance and Payment bond documents on a task order by task order basis. Performance and Payment bonds shall be submitted for any task order requiring more than $150,000.00 in construction. Payment protection, in the form of a payment bond, irrevocable letter of credit, or tripartite escrow agreement, is required for task orders requiring more than $30,000.00 and less than or equal to $150,000.00 in construction.

1. The Contractor shall ensure the IDIQ Contract number and the task order number are included on each Performance and Payment bond document. Bond documents not containing the required information will be rejected for corrections.

J. Forest Service Task Order Ombudsman: If a Contractor has not been afforded a fair opportunity to be considered for a task order, consistent with the procedures of this contract, the Contractor may submit a complaint to the Forest Service Task Order Ombudsman. The Forest Service Task Order Ombudsman is:

Assistant Director of Policy USDA, Forest Service, Acquisition Management 1400 Independence Ave., SW, Mailstop 1138 Washington D.C. 20250-1138

C-4 Ordering Procedures for Sole Source Task Orders

A. The Contracting Officer reserves the right to award a task order without competition based on a determination that:

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

2. The order must be issued on a sole-source basis in the interest of economy and efficiency as 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; or

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

B. If necessary to determine price reasonableness, the Contractor shall provide copies of their offer worksheets that list the offer item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes (if applicable) and the prime contractor’s profit and overhead separately identified.

C. All prices must be fair and reasonable. The Government reserves the right to negotiate the proposal as deemed necessary.

C-5 Performance Evaluations

A. At the conclusion of each task order or when the Contractor’s performance is considered less than satisfactory, the Government will complete a Contractor’s performance evaluation. The evaluation will take into account all aspects of the Contractor’s performance. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation.

C-6 Protests of Task Order Awards

A. In accordance with FAR 16.505(a)(10) no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract, except a protest on the grounds that the order increases the scope, period, or maximum value of the contract or that the order is valued in excess of $10 million.

C-7 Additional Contract Awards

A. The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and geographic area as this contract

C-8 Furnishing of Material and Equipment

A. Unless otherwise stated in the contract, the contractor shall furnish all material and equipment required for performance of the contract. All material and equipment shall comply with the specifications and supplemental documents.

B. The Contractor shall furnish and deliver the material and equipment to the work site in such a manner that their quality and fitness for the work is preserved. The Forest Service reserves the right to reject any damaged materials.

C. Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.

D. The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures in Specification 808 of this contract for all service task orders and the FP-14, or superseding document adopted by the Forest Service, for construction task orders.

C-9 Coordination of Specifications for Road Work

A. Standard Specifications:

a. “800” series, Road Maintenance Performance Based Specifications, attached to this contract. There will be gaps between the section numbers due to the fact that many sections have been purposely omitted or because certain specification sections have been reserved for possible future inclusion in the "800" series.

b. FP-14, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects ,or superseding document adopted by the Forest Service, attached by reference.

B. Supplemental Specifications for this project refine, revise, and add to the requirements stated in the Standard Specifications, either FP-14 or “800” series, and shall be included at the task order level when appropriate.

C. The Standard Specifications and Supplemental Specifications must be read to gain a full understanding of the work required. In the case of discrepancies, however, between these specifications, the Supplemental Specifications will take precedence over the Standard Specifications.

C-10 Material Certifications, Testing Reports & Other Submittals

A. Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. All substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

B. Work requiring submittals shall not begin until submittals have been approved. Submittals shall include:

Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical examples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within the time designated in the task order, see example table below. Review time begins from date of receipt by Contracting Officer or COR.

C. The following plans, details, specifications, designs, certificates, test reports, samples and test data shall be submitted on this project (see table below for number of copies required). See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

Reference Detailed Requirements Section Number Of Copies To Section Allowable Time for Government Approval After Total Submittal (Days)

C-11 Definitions, Abbreviations and Quantity Measurement Terms Definitions -Certain specifications are common to contract and timber sale requirements. Wherever in these specifications, or in other contract documents, the following terms or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1. Appurtenance – An accessory part of a major element that is necessary for the complete use of the major element and would not be necessary without the major element.

2. Back Slope (Cut Slope) -The slope section furthest from the traveled way extending from the bottom of the ditch to the grade break with the original ground. (See Road Structure Terms Drawing.)

3. Base Course -The layer or layers of specified or selected material of designed thickness placed on a sub-base or a sub-grade to support a surface course. (See Road Structure Terms Drawing.)

4. Berm -curb or dike which controls roadway runoff water. Berms commonly parallel road centerline. (See Road Structure Terms Drawing.)

5. Channel -A natural waterway leading into or away from a culvert or bridge.

6. Contract Amendment -A bilateral written supplemental agreement between the Government and the Contractor, documenting a modification outside the scope of the contract and establishing an equitable adjustment therefore.

7. Contractor -The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract.

8. Culvert -Any structure which provides a passageway, drain, or waterway under a road or embankment. Cross Ditch -A shallow ditch placed across the roadbed to remove water from the roadbed surface which can be driven across by full size pickups or by other high clearance vehicles; usually placed diagonally to centerline. (See Cleaning Ditches and Drainage Structures Drawing.)

9. Lead-off ditch -A specific type of manmade ditch used to remove water from roadside drainage ditches, the roadway, cattle guards, or drainage structures such as culverts and drainage dips.

10. Ditch -A relatively long narrow excavation placed to collect or disperse water. The ditch cross section includes the fore slope, ditch bottom, and the portion of the back slope equal in depth to the fore slope depth.

11. Ditch Dam – Constructed barrier which channels water flowing in a ditch thru a culvert inlet and prevents the water flow from continuing down the ditch and bypassing the culvert inlet.

12. Drainage dip (Drivable Cross Ditch) -A drainage structure constructed within the roadbed surface to form a uniform depression which allows routine passage of standard passenger cars while diverting water from the traveled way. (See Drivable Cross Ditch Drawing).

13. Drainage ditch -A specific type of furrow ditch located parallel to and abutting the roadbed. (See Road Structure Terms Drawing.)

14. Drainage structure -A general term denoting any man made device placed to control water movements along, under or across the roadway. Includes ditches, culverts, bridges, etc.

15. Drawings -Depictions detailing maintenance contemplated including all road listing diagrams, maps, and performance schedules included in the contract.

16. Equipment -All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

17. Excess Material -Material from the roadway excess to that needed for maintenance of roadway.

18. Fore slope -The slope of the ditch section nearest to the traveled way. (See Road Structure Terms Drawing.)

19. Furrow ditch -Any ditch which nominally parallels the road centerline and diverts water from natural flow patterns to protect road slopes, roadbed, or down slope areas. Furrow ditches may be located within the roadway or roadside, but as used in this contract excludes drainage ditches.

20. Grade -The trace of vertical plane, as shown on the drawings, intersecting the top surface of the road.

21. Materials -Any substance specified for use in the performance of the work.

22. Measurement -Method of determining and expressing the quantities of work

23. Nominal dimensions or Weights -The numerical values shown on the drawings or in the specifications as measurements for the work.

24. Order -A written order by the Government directing fulfillment of work requirements under the terms of the contract

25. Original Contract Quantities -Those estimated quantities shown in the Schedule of Items as awarded.

26. Patching -Minor repairs incidental to recurring maintenance which is not substantial in nature.

27. Paved Surface or Pavement -Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

28. Reasonably Close Conformity -Means compliance with customary maintenance tolerances where working tolerances are not specified.

29. Recondition –Restore back to serviceable condition using existing materials.

30. Right-of-Way -A general term denoting land, property, or interest therein acquired for or devoted to a road.

31. Roadbed -The portion of a road between the intersection of the sub grade and side slopes, excluding that portion of the ditch below the sub grade. (See Road Structure Terms Drawing.)

32. Road Listing -A listing of road locations and any established work priorities included In the contract as a drawing to indicate current estimates of contract timing; subject to revision in accordance with Contract Section F in developing the work schedule.

33. Road Maintenance Levels Definition as used in this Contract –

a. Maintenance Level 4 & 5: Roads with a moderate to high degree of user comfort and convenience. These roads receive maintenance on a routine basis, normally with brushing done yearly or biyearly.

b. Maintenance Level 3: Roads maintained for use by a prudent driver in a passenger car. These roads generally receive maintenance on a routine basis, normally with brushing done every 3 to 4 years.

c. Maintenance Level 2: Roads maintained for use by high clearance vehicles. These roads generally receive only drainage related maintenance on a routine basis, and usually getting relegated to the lowest priority for brushing. Many have become mostly brushed in.

34. Road Milling – Pulverizing and processing native and aggregate road material in place.

35. Roadside – The portion of the section between the Right of Way limits and the cut or fill slope catch point. (See Road Structure Terms Drawing.)

36. Shoulder -The portion of the roadway contiguous with the traveled way for the accommodation of stopped vehicles, for emergency use, and for lateral support of pavement structure. As used in this contract, the term is restricted to roads having an asphalt surface. (See Road Structure Terms Drawing).

37. Slide -A concentrated deposit of materials from above or on the back slope extending onto the traveled way or shoulders, whether caused by mass land movements or accumulated raveling.

38. Slump -A localized portion of the roadbed which has slipped or otherwise become lower than the adjacent roadbed and constitutes a hazard to traffic.

39. Supplemental Specifications -Specifications refine, revise, and add to the requirements stated in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.

40. Standard Specifications -Broadly-used (for instance throughout the Pacific Northwest Region of the Forest Service) specifications for specific divisions of the work, such as: Blading, Paved Surface Cleaning, Ditch Maintenance, etc.

41. Sub grade -Top surface of roadbed upon which sub-base, base course, or surface course was constructed. (See Road Structure Terms Drawing.)

42. Surface Course -The top layer of a pavement structure, sometimes called the wearing course, usually designed to resist skidding, traffic abrasion, and the disintegrating effects of climate. (See Road Structure Terms Drawing.)

43. Traveled Way -The portion of the roadway for the movement of vehicles, exclusive of shoulders on asphalt paved roads. For purpose of this contract, traveled way includes turnouts and curve widening. (See Road Structure Terms Drawing.)

44. Turnouts -A short auxiliary lane on a one lane road provided for passage of meeting vehicles.

45. Unsuitable Material -Material removed during maintenance which must be disposed of in designated locations. Examples – clay serpentine or other unstable material or material with substantial amounts of vegetation or other objectionable matter.

46. Water bar -A deeper type cross ditch which is not intended for passenger vehicle traffic.

47. Disperse - Spread widely; disseminate.

C-12 Illustration of Road Maintenance Terms -Drawings 801-1 A. Drawing 801-1, attached in section J illustrates some of the terms defined above.

C-13 Abbreviations A. Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1 AASHTO -American Association of State Highway and Transportation Officials.

2 CS -Commercial Standard issued by U.S. Dept. of Commerce.

3 EPA -Environmental Protection Agency.

4 FAR -Federal Acquisition Regulation.

5 FP-14 or Superseding Document - Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects 6 FSSS –Forest Service Supplemental Specifications to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects 7 MSHA -Mine Safety Health Administration.

8 MUTCD -Manual of Uniform Traffic Control Devices.

9 NBS -National Bureau of Standards.

10 OSHA -Occupational Safety and Health Act.

11 PS -Product Standard issued by the U.S. Dept. of Commerce.

12 UL -Underwriters Laboratories, Inc.

C-14 Quantity Measurement Terms

A. Measurement under the contract shall be according to standard measure.

B. The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

C. All items measured by the mile will be parallel to its longitudinal centerline, unless otherwise shown on the drawings.

D. A station, when used as a definition of term or measurement, will be 100 feet.

E. Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or distance measuring device operated on the traveled way at or parallel to road centerline.

F. Bid items in the schedule listed as cubic yards (CY) are in-place contract quantities. Submit scale tickets for any material from CO approved commercial source. Weight slips shall be signed by the scale operator or signed by the service provider if the slip is electronically produced. Quantities delivered by the contractor may vary due to expansion of the material in trucks and compaction of the material in place.

G. Government and commercial furnished materials measured by the cubic yard are measured in place once compacted.

H. A commercial material certification may be submitted and is a manufacturer's representation that the material complies with all contract requirements. The representation may be labels, catalog data, stamped specification standards, or supplier's certifications indicating the material is produced to a commercial standard or specification which must be accepted by the CO.

I. Material accepted by certification may be sampled and tested at any time. If found not in conformance with the contract, the material will be rejected whether in place or not.

J. Measurement by the acre will use the length and width treated. Measurement of width will approximate significant slope breaks, but will not include minor deviations along the slopes.

K. Volume of bituminous products will be measured at 15.6 degrees C (60.08 degrees F), using ASTM D1250 for asphalt. Emulsified asphalt shall be measured at 15.6 degrees C, or by converting the volume (Liters) at another temperature to volume (Liters) at 15.6 degrees C by means of the following formula:

L at 15.6 °C = L at T °C 1 + 0.00045(T °C − 15.6°C)

Where:

T ºC = temperature of the emulsified asphalt at the time the volume is measured.

L = liters.

L. The term "Lump Sum" when used in the Task order Schedule of Items will mean the complete unit as required by or described in the contract.

M. Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract provisions, specifications and drawings.

C-15 Applicability of the Service Contract Act (SCA) and Construction Wage Rates Requirements Statute (CWRRS)

A. The Contractor is responsible for compliance with the Service Contract Act (SCA) and Construction Wage Rates Requirements Statute (CWRRS). The Department of Labor (DOL) is responsible for enforcement of the SCA and CWRRS. Contractor shall contact the DOL to resolve any questions concerning the applicability of the SCA or CWRRS. The DOL has provided the Forest Service with the following guidelines concerning road maintenance activities.

1. The SCA applies to the following typical activities on, or along, a paved road:

a. Brushing and mowing;

b. Ditch cleaning and brushing;

c. Sign, cattleguard, gabion, and guardrail repair;

d. Minor patching performed in conjunction with normal maintenance activities;

e. Cleaning culverts;

f. Minor slump/slide removal;

g. Litter cleanup; and

h. Minor culvert and drainage repair.

2. The SCA applies to the following typical activities on, or along, an unpaved road:

a. The above noted activities;

b. Grading;

c. Rock raking; and

d. Removal of oversized material.

3. The CWRRS applies to the following typical activities:

a. Patching of asphalt or other pavements;

b. Replacing culverts;

c. Striping pavements;

d. Rehabilitation/recycling pavements;

e. Fog or chip sealing;

f. Major slump/slide removal;

g. Bridge maintenance; and

h. Aggregate surfacing, except minor spot surfacing.

i. Damaged road repair.

C-16 Statement of Work/Specifications (AGAR 452.211-72)(FEB 1988)

A. The Contractor shall furnish the necessary personnel, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-17 Attachments to Statements of Work/Specifications (AGAR 452.211-73)(FEB 1988)

A. The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-18 Use of Roads and Permitting

A. The Contractor is authorized to use National Forest roads for accessing work included in individual task orders and under this contract. If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

B. All National Forest roads authorized for use will be subject to the following provisions:

a. The Road Rules in the current White River National Forest Road Rules Document are applicable to all commercial road users. This document is available for review at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

b. State laws governing traffic rules and equipment requirements on State and County highways.

c. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract. Forest Service overload permits for this project may be obtained by contacting the White River National Forest. Please allow up to 28 days to process these permits.

d. Bridge Overload Permits - Contractor shall obtain an overweight bridge use permit from the Forest Service prior to transporting overweight equipment on Forest Service bridges. Forest Service bridge overload permits for this contract may be obtained by contacting the White River National Forest. Please allow up to 28 days to process these permits.

e. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

C-19 Bio Preferred Products

A. The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

B. The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer (CO).

C. The following are examples of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Multipurpose Lubricants

D. Biobased products that are designated for preferred procurement under USDA’s Bio- Preferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor shall provide data for their biobased products such as biobased content.

E. In addition to the biobased products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other biobased products.

F. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c) (3)), the Offeror certifies, by signing this offer, that biobased products (within categories of products listed

a. by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the Offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

G. The Contractor shall comply with the provision at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(a). In the performance of this contract, the contractor shall make maximum use of bio- based products that are United States Department of Agriculture (USDA) designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b). Information about this requirement and these products is available at http://www.biopreferred.gov.

(c). In the performance of this contract, the Contractor shall--

(i) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(ii) Submit this report no later than

(iii) October 31 of each year during contract performance.

H. A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

C-20 Performance Evaluations A. At the Government’s discretion or when the Contractor’s performance is considered less than satisfactory, the Government may complete a Contractor’s performance evaluation. The evaluation will take into account all aspects of the Contractor’s performance. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation

SECTION D – PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The following clause applies to all ordered service tasks:

FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

The following clause applies to all ordered construction tasks:

FAR 52.246-12 Inspection of Construction (AUG 1996)

The following clause applies to all project work paid for by the hour:

FAR 52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001)

SECTION F--DELIVERIES OR PERFORMANCE

F-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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The following clause applies to all ordered construction tasks:

52.242-14 Suspension of Work (APR 1984)

The following clause applies to all ordered service tasks:

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F-2 Commencement, Prosecution, and Completion of Work (FAR 52.211-10)(APR 1984)

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

F-3 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988) The effective period of this contract is from date of contract award and ends on the date following the date of final payment under this contract.

This is the “effective period” referenced in Clause FAR 52.216-22 Indefinite Quantity (OCT 1995).

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 Invoice and Payment A. The Department of Agriculture (USDA) mandated the transition of all Integrated Acquisition System (IAS) payments to the US Treasury Invoice Processing Platform (IPP). This allows electronic routing and approval of IAS related invoices. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

B. The invoice format/template the contractor shall use in submitting invoices is to reflect the award document with the individual line items through the IPP platform. The contractor shall attach their company’s version of the paper invoice to the IPP invoice. Contractor shall submit invoices to the IPP platform. IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

C. Contractor and government personnel will decide on the method of payment, whether it be partial payments, based on some measure, or as one deliverable at the end of the project.

D. Payment for Materials Off Site may be made in accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

E. Payments are made by the US Department of Treasury through information from System for Award Management (SAM) in accordance with 48 CFR § 52.232-33 - Payment by Electronic Funds Transfer - System for Award Management.

G-2 Government Furnished Property

A. The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract:

-Government Furnished Property will be identified in each individual task order

G-3 Post Award Conference (AGAR 452.215-73)(NOV 1996)

A. A post award conference with the successful offeror is required at the task order level. It will be scheduled within 15 days after the date of contract award. The conference will be held at White River National Forest Supervisors office located in Glenwood Springs, CO, or another Forest Service office agreed upon by both parties.

G-4 Designation of Contracting Officer’s Representative

A. The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of task order award.

B. The 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.

C. 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 task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

D. On all matters that pertain to the contract terms the Contractor must 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 if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

B. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H-2 AGAR 452.236-77 Emergency Control (JUL 1985)

A. Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243- 4.

H-3 Safety Plan

A. When required by the task…