69056721Q000013.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation Federal Highway Administration (FHWA) Western Federal Lands Highway Division 610 E Fifth Street Vancouver, WA 98661-3801

Agency Contact: Douglas Taylor, Contract Specialist Telephone: (360) 619-7738 Email: douglas.g.taylor@dot.gov

WFL.Purchasing@dot.gov

Solicitation Number: 69056721Q000013

Title: GROUNDWATER WELLS WITH DATALOGGERS

AND BARAMETRIC DATALOGGERS

Solicitation Release Date: Monday, 2/22/2021

Technical Questions Due Date: Thursday, 3/11/2021 at 4:00 PM Pacific Time

Quotation Due Date: Wednesday, 3/17/2021 at 2:00 PM Pacific Time

PART I – RFQ INFORMATION AND INSTRUCTIONS TO OFFERORS

1. RFQ INFORMATION

This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ for groundwater well installation with BRAND NAME dataloggers and barometric dataloggers. This combined synopsis/solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-03 effective 2/16/2021.

This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE and the North American Industry Classification System (NAICS) code is 237110 with an industry size standard of $39.5 million and the associated Product Service Code (PSC) is F015.

A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.

All contractors are reminded that, in accordance with FAR 52.204-7, System for Award Management (SAM), they must be registered and active in the www.SAM.gov database PRIOR to submission of a quote or offer.

Due to Federal Acquisition Regulation (FAR) changes effective 10/26/2020, it is recommended that all interested vendors update their www.SAM.gov registration to respond to the most current Representations and Certifications.

2. QUOTATION FORMAT

Quotations shall be submitted in Adobe (.pdf) format and documents shall not contain any security restrictions (e.g. password protection) that prevent the Government from distributing and printing the document.

A. Do not include marketing materials or letters of support/recommendation.

B. All text, including in tables and graphs, shall be a font size no less than 12-point font. Text in any images must be legible when printed.

C. Page margins shall be a minimum of 1 inch on each side, (top and bottom, left and right)

D. Quotations MUST include the following:

i. Price quote in the format of the Contract Line Item Number (CLIN) Structure table shown in Part II; and

ii. Documentation to support Spill Response Kit use training and qualification for any personnel working with the drilling equipment as dictated in Part III, paragraph 2.i(8);

and

iii. Completed copy of the representations and certifications at FAR 52.204-24, FAR 52.204-26, FAR 52.209-11, and FAR 52.212-3 as applicable;

(1) If the contractor has updated its Representations and Certification in www.SAM.gov AFTER 10/26/2020, a copy of the Contractor’s FAR Report will fulfill this requirement;

iv. A completed copy of the Representation and Certifications at TAR 1252.237-71; and

v. Matrix of recent relevant past performance (within the last three years), which shall include:

(1) a short description of the work;

(2) the dates of work performance;

(3) the name of the client; and

(4) a contact phone number and email address so a reference check can be conducted.

vi. Acknowledgement of all solicitation amendments, if any.

E. Include the following mandatory business information regarding your company in the body of the email message or as a cover page:

i. Confirmation your company accepts government purchase orders

ii. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non-

Profit, etc.)

iii. Payment Terms (Government Standard is NET 30)

iv. Unique Entity Identifier (Generally referred to as the Data Universal Numbering

System (DUNS) Number)

v. Correct Mailing Address for the order (include name, telephone, email address);

Note: Mailing address and entity name shall match the information in www.sam.gov

vi. Verification company information listed in the System for Award Management

(SAM) current and accurate? https://www.sam.gov/SAM/

3. EVALUATION METHOD AND BASIS FOR AWARD: In order to be considered for award, the offer must be determined to be technically acceptable. The technical evaluation factors for this procurement are Lowest Price Technically Acceptable (LPTA). Criteria under the LPTA process are judged on a pass-fail basis only. No other rating or qualitative value will be assigned. To be determined technically acceptable, all factors must be acceptable to obtain a pass rating for the technical proposal. Award will be made to the lowest price, technically acceptable, responsible offeror, with satisfactory past performance. The contract resulting from this solicitation will be awarded based on the following:

A. Right to hold discussions: The Government intends to award without discussions;

however, the Government reserves the right to enter into discussions if determined necessary.

B. Source Selection Evaluation Process: The lowest priced quote will be considered as the quote offering the lowest price on the Schedule of Items grand total for the base and all options. The lowest priced quote will be evaluated and, if the lowest priced quote is determined to be technically acceptable, no other quote(s) will be evaluated. If the lowest priced quote is determined to NOT be technically acceptable, the next lowest priced quote will be evaluated. This process will continue until the lowest priced, technically acceptable quote is identified.

C. The Government will award: A purchase order resulting from this solicitation will be issued to the lowest evaluated price technically acceptable quote. The following factors shall be used to evaluate offers:

i. FACTOR 1 – Price;

ii. FACTOR 2 – Technical Compliance with Solicitation Requirements;

iii. FACTOR 3 – Relevant Past/Present Performance

By submission of its quote, the contractor accepts all terms and conditions, representations and certifications, and technical requirements. The Government intends to select ONE Contractor for award of this requirement.

4. EVALUATION CRITERIA: The following criteria shall be used to evaluate the Offeror’s ability to meet all requirements identified in the SOW:

A. Factor 1 – Price: Offeror must submit pricing in the format of the Contract Line Item Number (CLIN) Structure table shown in Part II. The Government will evaluate the quoted price to determine that the price is valid, realistic, fair and reasonable as well as consistency and understanding of the SOW requirements.

The Government may reject any offer that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the offer is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

Award will be made to the Offeror found to be technically acceptable that offers the lowest total price submitted.

B. Factor 2 – Technical Compliance with Solicitation Requirements: Offeror must submit ALL items identified in Part I, paragraph 2 of the solicitation. Quoters will be evaluated on a pass/fail basis with respect to this evaluation factor.

i. Technically Acceptable: Provided ALL required information as identified in Part I, paragraph 2 of the solicitation.

ii. Technically Unacceptable: Did NOT provide all required information as identified in Part I, paragraph 2 of the solicitation.

C. Factor 3 – Relevant Past Performance: The Offeror’s relevant past performance provides assurance that the contractor will meet or exceed all solicitation requirements.

The Offeror’s relevant past performance should demonstrate that within the past three years they have successful past performance managing, staffing, and recruiting personnel in order to meet and perform contract requirements.

Evaluation of past performance may be based on information obtained from references submitted by the offeror as well as information obtained from other sources such as CPARS, FAPPIS, PPIRS, SAM and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past three years will be evaluated with respect to past performance. Offerors that lack relevant past performance will be evaluated neither favorably nor unfavorably on past performance.

Offerors are strongly encouraged to have a minimum of 3 customers complete the Past Performance Reference Questionnaire (Attachment 0001) and submit such surveys to FHWA at e-Mai WFL.Purchasing@dot.gov with the subject line “69056721Q000013 Past Performance Review for < insert vendor name >”

i. Technically Acceptable: Based on the Government’s review the contractor:

(1) Evaluation(s) reflect no more than 1 marginal and no unsatisfactory ratings and the CO has no other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance; or

(2) Past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or neutral) past performance.

ii. Technically Unacceptable: Based on the Government’s review the contractor:

(1) Evaluation(s) received reflect more than 1 marginal or 1 or more unsatisfactory ratings; or

(2) The CO has other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance.

5. INSTRUCTIONS FOR SUBMISSION OF QUOTATIONS: Quotations shall be submitted as Adobe (.PDF) file via email in a SINGLE email whose size shall not exceed 20 Megabytes to WFL.Purchasing@dot.gov.

The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects of the technical and/or cost/price submissions. Such information shall be furnished promptly upon the Government’s request.

Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

PART II – SCHEDULE OF SERVICES AND SUPPLIES

The Contractor shall furnish all services/supplies in support of the mission of the FHWA required to perform the tasks described under this purchase order entitled GROUNDWATER

WELLS WITH DATALOGGERS AND BARAMETRIC DATALOGGERS.

This is an Open Market, Firm Fixed Price Request for Quotation and Quoters shall quote a total price breakdown utilizing the CLIN chart below.

CLIN DESCRIPTION QTY TOTAL PRICE

GROUNDWATER WELLS WITH DATALOGGERS

AND BARAMETRIC DATALOGGERS

Pricing: Firm Fixed Price

Period of Performance: Effective date of award through 12/15/2021

1 LS $

NOTE: Unless otherwise negotiated and approved, the contractor will be paid the FFP of each CLIN upon successful completion and Government acceptance. The contractor may also request milestone payments in accordance with work completed and accepted by the Government.

Satisfactory completion and acceptance will be made by the Technical Point of Contact (TPOC).

PART III – STATEMENT OF WORK (SOW)

1. INTRODUCTION

Yellowstone National Park (Park), Wyoming, is rebuilding Grand Loop Road, from Canyon to Fishing Bridge Junction. The Park owns and maintains the road and Western Federal Lands Highway Division (WFLHD) is responsible for design. In preparation of design, WFLHD is conducting an investigation to monitor subsurface water levels and hydraulic gradients to quantify hydrologic connectivity of aquatic ecosystems through the installation of groundwater wells. The goal of the investigation is to classify and understand opportunities to improve hydrologic connectivity throughout the corridor.

Canyon to Fishing Bridge Junction is a 16-mile corridor north of Yellowstone Lake that traverses Hayden Valley. The project site is a high-visitor use area, popular for wildlife viewing and scenic topographic and geologic features. The existing road, constructed to 3R in 2002, contains numerous culverts serving minor drainage ways and cross-drains in addition to major drainage structures. The road crosses 4 creeks (i.e. Elk Creek, Trout Creek, Alum Creek and Otter Creek), where major drainage structures have restricted hydraulic flow and impacted wetland areas. To assist in project planning, the Park delineated wetlands along the corridor in 2020. Areas identified as potential wetlands are shown on the Groundwater Well Vicinity Map layout sheets (Attachment 001).

Thirty-three (33) groundwater wells are to be installed by the Contractor as detailed by this SOW.

Boring depths will be 4 feet with 1 ft. above ground. It is anticipated that drilling methods will include human-operated, motorized augers. The boring layout is outlined in the Table of Borings (Attachment 002). Test borings are located off the paved roadway. It is anticipated that all groundwater well locations will be accessible on foot.

2. SCOPE

This scope of work consists of installation of thirty-three (33) groundwater wells within the Canyon to Fishing Bridge Junction Project area. All groundwater well locations are shown on the Groundwater Well Vicinity Map. The Table of Borings details boring IDs, locations (latitude, longitude), estimated maximum well length, and maximum boring diameter. Groundwater Well Installation Examples provides photos and figures of sample installation. All boring locations will be marked in the field, using a GPS survey unit and pin flags, prior to groundwater well installation.

A. Pre-Drill Meeting

Hold a pre-drill meeting on-site with WFLHD and NPS personnel no more than 30 days after contract award. At the pre-drill meeting, a NPS representative will review all drilling locations on-site with the Installation Lead and associated technicians. It is anticipated that this pre-drill meeting will take approximately a half-day to complete. At that time, boring locations may be modified slightly based on site conditions and test holes to minimize environmental impacts and to address safety hazards. Borings will not be offset more than 20 feet from flagged locations discussed during the predrill meeting.

Contractor shall coordinate the pre-drill meeting at least 1 week prior to the proposed meeting date.

B. Utility Locate

A utility locate is necessary at all locations for this drill project. The Contractor shall complete utility locate using One-Call of Wyoming (https://www.onecallofwyoming.com/) prior to the start of drilling. Upon receipt of documentation, the Contractor shall submit ticket documents and the detailed site map to Debra_Guernsey@nps.gov or Bret_DeYoung@nps.gov, who will provide clearance to dig.

All groundwater well locations will be clearly marked in the field, using pin flags, prior to utility location services. Coordinate utility locates with the Park at least 1 week prior to drilling.

C. Drill Type and Tooling

Each installed groundwater well should consist of the following components:

i. Well point, with hole at end, 2-inch I.D. (Internal Diameter)

ii. 3 ft. length of slotted Schedule 40 PVC pipe, 2-inch I.D.

iii. 2 ft. length Schedule 40 PVC, 2-inch I.D., for well ‘stick-up’ (i.e., portion of well above ground)

iv. PVC well cap, 2-inch I.D.

All drilling work will be completed using human-operated, motorized augers. Drill groundwater wells to 4 feet depth. If unable to drill to 4 feet below surface, drill to allowable depth given substrate conditions. If unable to drill more than 1 ft. below surface, consult with Installation Lead for guidance (i.e. new location or abandon well site).

The length of pipe above ground will be 1 ft., what is necessary to (1) locate the pipe in the field and (2) minimize visual impacts. If the minimum height of the pipe above ground is above surrounding vegetation, wells will be painted a light green (sage) or yellow to reduce visibility from the road. Paint all portions of PVC pipe that are above ground level so as to blend in with surrounding ground color.

Automated dataloggers will be placed in each groundwater well for continuous recording of water level elevations. The type of datalogger to be installed in each groundwater well is the InSitu, Rugged TROLL 100. It will be necessary to install two (2) barometric dataloggers to collect barometric pressure information, which is then used to post-correct collected datalogger readings. Barometric dataloggers will be installed above ground (e.g.

hung from a tree), encased in a PVC pipe for protection. The type of barometric datalogger to be used is the In-Situ, Rugged BaroTROLL. All data loggers purchased by the Contractor, shall be deployed/activated at 12:00 pm and set to collect data at 4 hour intervals. Proposed barometric datalogger locations are provided in the Groundwater Well Vicinity Map Layout Sheets. General installation diagrams are provided in the

Groundwater Well Installation Figures and Photos sheet. Groundwater well installation shall be consistent throughout all sites, unless site substrate conditions deem otherwise.

D. Park Access and Vehicle Cleaning

Coordinate Park Access (e.g. Park passes, work dates, planned entrance, etc.) with Installation Lead prior to arrival.

E. Decontaminating Equipment Conveying Water or Coming in Contact with

Waters Within the Park

Decontaminate equipment including auger drill bits, well casings, well screens, dataloggers, etc. before entering Yellowstone National Park to eliminate the risk of transporting exotic species or aquatic disease. NPS personnel will inspect all equipment before it is allowed into the Park and the Contractor shall coordinate with Yellowstone National Park Center for Resources (YCR) personnel to schedule the NPS Inspection.

F. Test Boring Depths

Drill holes to the 4 foot depth unless unable to do so due to substrate conditions.

G. Soil Core Descriptions

Document stratification of the substrate at each of the groundwater well locations as drilling is carried out per this SOW. A description of the soils will be provided and notation made of any abrupt changes in soil types observed as the boring progresses. Depths will be recorded at each sampling location, as well as depth to water if encountered.

H. Access

In general, refer to the comments in the Table of Borings and the Groundwater Well Vicinity Map layout sheets for site-specific information. For all drilling activities, disturbance of the ground and vegetation should be kept to the minimum footprint that is feasible to complete work. All groundwater well sites can be accessed by foot. Park Contractor vehicles in available pullout areas if located close to groundwater well locations or on the road shoulder, ensuring that vehicle is completely clear of the travel lanes. Avoid parking on vegetation to the greatest extent practicable.

I. Environmental Compliance Summary

The Contractor, in cooperation with WFLHD, will provide advanced notification to the U.S. Army Corps of Engineers of the proposed scope of work. "Yellowstone National Park Standard Operating Procedure Subsurface Investigations" and Programmatic Categorical Exclusion for subsurface investigations have been provided by the Park.

These procedures and clearances, in addition to documentation of no Section 404 permit requirement, must always be on-site and available during drilling.

Follow all Best Management Practices (BMPs) detailed in the Park's standard operating procedures for subsurface investigations, as well as the following BMPs:

i. Minimize soil disturbance and protect vegetation as much as feasible.

ii. Utilize a tarp (6’ x 6’) at each drilling location to protect ground surface and allow placement and staging of well materials and drilling equipment on tarp.

iii. Upon completion of drilling, ensure the immediate area around the well is restored to include pre-drilling ground conditions and grade. Remove all signs of surface disturbance. Do not leave any piles of drilled material (cuttings) on the ground surface and remove any excess cuttings upon completion of drilling. A small mound (1” – 2” high and extending out from riser pipe no more than 6”) of soil placed around the well riser pipe is acceptable to allow for surface water drainage away from the well.

iv. If any archeological remains or artifacts are discovered during drilling, immediately stop the hole and notify Tom James, YNP Archaeologist, (307) 344-2715.

v. All operations are to be conducted to ensure the least inconvenience to the public.

vi. No unattended motors/engines are permitted. No idling of motors or engines for extended periods of time is permitted. Utilize formal pullouts and avoid parking on vegetation.

vii. All work activities will conform to NPS and Occupational Safety & Health Administration (OSHA) safety standards. Appropriate personal protective equipment (i.e., high visibility safety vests, bear spray, eye and ear protection, and protective footwear) will be worn at all times while drilling operations occur.

viii. For hazardous materials (e.g., gasoline) used on-site, a Spill Response Kit must always be present, and any personnel working with the drilling equipment must be trained in use of the Kit. All spills of a hazardous material must be reported to a Park representative, and tended to, immediately. Proof of training and/or qualification must be provided in the Contractor proposal.

J. Data Processing

Contractor shall removing dataloggers from wells no later than 10/31/2021 or before winter freeze (whichever occurs later) to avoid damage to data collection equipment. Data will be collected, processed and submitted to WFLHD as a Well Data Summary Report.

3. SCHEDULE

Installation of groundwater wells shall commence on or after May 07, 2021 and shall be completed within 5 days. This Groundwater Well Installation plan has been provided to the U.S. Army Corps of Engineers. Yellowstone National Park Service (NPS) will be notified 10 working days prior to installation.

Task

Deliverable

Copies

Submittal to

WFLHD

Comments Returned

From

WFLHD

2.A. Pre-Drill Meeting Elec.

14 days prior to commencement of work 5 days

2.B. Utility Locate / Well Location Submittal Elec.

7 days prior to commencement of work

N/A

2.C. Purchase well materials and dataloggers N/A N/A N/A

2.G. Install wells and dataloggers Elec.

5 days after commencement of work

N/A

2.H. Soil Core Descriptions submittal Elec.

5 days after completion

3 days

2.J. Remove dataloggers and process data. N/A N/A N/A

2.J. Well Data Summary Report submittal Elec.

14 days after removal 10 days

4. GOVERNMENT PROVIDED ITEMS

A. Groundwater Well Vicinity Map

B. Table of Borings

C. Groundwater Well Installation Examples

D. Yellowstone National Park Standard Operating Procedure Subsurface

Investigations with Programmatic Categorical Exclusion for subsurface investigations

E. Yellowstone National Park Resource Management 2021 Equipment Inspection Contact List

5. GOVERNMENT TECHNICAL POINT OF CONTACT (TPOC)

WFLHD TPOC will be identified and assigned upon award.

6. AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

7. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

8. PAYMENT AND PROPER SUBMISSION OF PAYMENT REQUEST(S)

A. Payment

Payment for the purchase order shall be provided under the lump sum quote amount.

Compensation is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature or prosecution of the work is included in the compensation provided by the lump sum quote amount.

B. Proper Submission of Payment Request(s)

Invoices

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi e-Invoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi e-Invoicing which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi e-Invoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi e-Invoicing web-portal will be required to have their own unique user Delphi e-Invoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-to-create-an-account/

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Vendor POC’s who require access to the e-Invoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, email address, and current phone number to the agency POC to initiate the Delphi e-Invoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi e-Invoicing account. FHWA’s agency POC may be contacted at HCFA-10@dot.gov.

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

https://einvoice.esc.gov/ Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov

Account Management

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact HCFA-10@dot.gov with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI e-Invoicing System. Waiver request forms can be obtained on the DELPHI e-Invoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: Douglas Taylor

Invoices submitted via an overnight service or Express Delivery must use the following physical address:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: Ryan Wisniewski (405) 954-8252

All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

Final Invoices

For firm-fixed-price (FFP) contracts where supplies are delivered or services are performed, the final invoice is not subject to further contract settlement actions between the Government and the Contractor.

PART IV – LIST OF ATTACHMENTS

ATTACHMENT DESCRIPTION PAGES

0001 Past Performance Reference Questionnaire 5

PART V

SOLICITATION PROVISIONS

FEDERAL ACQUISITION REGULATION (FAR)

1. Incorporated by Reference

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

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far.

52.203-18 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 -- System for Award Management (Oct 2018) 52.204-16 -- Commercial and Government Entity Code Reporting (Oct 2018) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Items (Mar 2020) 1252.239-71 Information Technology Security Plan and Accreditation (Apr 2005)

(End of provision)

2. Full Text Provisions

52.203-98 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Feb 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)(1) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Feb 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women‐owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest‐level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs)

1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service‐disabled veteran‐owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small…