69056721Q000048.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: WFL.Purchasing@dot.gov

Solicitation Number: 69056721Q000048

Title: WY NPS YELL 14(1) Lewis River Bridge – Tree Removal/Logging Service

Solicitation Release Date: 8/01/2021

Technical Questions Due Date: Monday, 8/16/2021, at 4:00pm PT

Quotation Due Date: Wednesday, 8/18/2021, at 2:00pm PT

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PART I – RFQ INFORMATION AND

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

WY NPS YELL 14(1) Page I-1 Lewis River Bridge – Tree Removal/Logging Service

1. RFQ INFORMATION

This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ for tree removal/logging services to support the WY NPS YELL 14(1) Lewis River Bridge construction project. 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) 2021-06 dated 7/12/2021.

The North American Industry Classification System (NAICS) code is 113310 (Logging) with an industry size standard of 500 employees and the associated Product Service Code (PSC) is F014.

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 vendors update their www.SAM.gov registration to respond to the most current Representations and Certifications.

2. QUOTATION FORMAT

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

The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

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

WY NPS YELL 14(1) Page I-2

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:

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

ii. Completed Offeror Work Experience Form(s) (Attachment 0001) or a similar vendor-generated document which shall provide evidence of five (5) years relevant experience in the last seven (7) years and 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;

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 (see page IV-20); and

v. Acknowledgement of all solicitation amendments, if any.

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

i. Confirmation your company accepts government purchase orders

ii. Business Size (Small, Woman-Owned, Disadvantaged, Veteran-Owned, 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. Verification company information listed in the System for Award Management (SAM) is current and accurate? https://www.sam.gov/SAM/

WY NPS YELL 14(1) Page I-3

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 Experience

iv. FACTOR 4 – 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

WY NPS YELL 14(1) Page I-4 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/Present Experience: Offeror must furnish, with its offer, Offeror Work Experience Form(s) (Attachment 0001), or a similar vendor-generated document, providing information on individual contract(s) to indicate a minimum of five

(5) years of relevant experience during the last seven (7) years that involve the Offeror providing similar tree removal/logging services. FHWA reserves the right to contact such references directly and use such information in determining satisfactory relevant experience. The Government will evaluate how much experience an offeror has performing work similar in nature, magnitude, and complexity. Relevant experience, unlike past performance, is not limited to the past three years.

i. Technically Acceptable: Provided required information and offeror has a minimum of five (5) years of relevant experience during the last seven (7) years providing similar tree removal/logging services.

ii. Technically Unacceptable:

(1) Did not provide required information; or

(2) Information provided does not substantiate a minimum of five (5) years of relevant experience during the last seven (7) years providing similar tree removal/logging services

D. Factor 4 – Relevant Past/Present 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.

WY NPS YELL 14(1) Page I-5

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 three (3) customers complete the Past Performance Reference Questionnaire (Attachment 0002) and submit such surveys to FHWA via e-mail WFL.Purchasing@dot.gov with the subject line “69056721Q000032 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.

The timeliness of a quote is determined by the date and time of receipt. It is the Quoter’s responsibility to ensure that the quotation submission email is received by the designated cut-off date and time. Early submission is encouraged.

This is an electronic procurement. Hard copies of the quotations will not be accepted.

WY NPS YELL 14(1) Page I-6

PART II – SCHEDULE OF SERVICES

WY NPS YELL 14(1) Page II-1

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

This is a TOTAL SMALL BUSINESS SET-ASIDE, FIRM-FIXED-PRICE Request for Quotation and Quoters shall quote a total price breakdown utilizing the CLIN chart below.

CLIN DESCRIPTION QTY PRICE

WY NPS YELL 14(1) Lewis River Bridge – Tree Removal/Logging Service

Pricing: Firm Fixed Price

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 Government Technical Point of Contact (TPOC).

PART II – SCHEDULE OF SERVICES

WY NPS YELL 14(1) Page II-2

PART III – STATEMENT OF WORK

WY NPS YELL 14(1) Page III-1 Lewis River Bridge – Tree Removal/Logging Service

1. DESCRIPTION OF WORK

The work consists of tree removal/logging within the defined clearing limits of the Lewis River Bridge replacement project (approximately seven (7) acres). See Attachment 0003 – Vicinity and Site Map.

The intent of the project is to remove trees within the project limits, including the South Entrance Staging/Stockpile area; leaving roots and vegetation; removal of all but twenty (20) trees from the Park, and stockpiling limbs at the South Entrance Staging/Stockpile area.

A. Project Location

The Lewis River Bridge is located approximately ten (10) miles north of Yellowstone National Park, South Entrance Station, Teton County, WY.

Latitude 440 16’ 3.38” N Long 1100 38’3.49 W

The South Entrance Staging/Stockpiling area is approximately one-half (0.5) mile north of the Yellowstone National Park South Entrance Station, Teton County, WY.

Latitude 440 8’ 37.02” N Long 1100 40’ 18.44W

In accordance with FAR 52.237-1, Site Visit, offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

2. CONTRACTORS USE OF PREMISES

A. Contractors Camp and Housing. A Contractor trailer camp located at Grant Village providing ten trailer sites is available to Contractor employees and their immediate families only. Utilities available include water, sewer, electric and trash facilities at all sites. To connect securely to the sewer hookups at this site, contractor employees are required to have an appropriate adapter. The Valterra EZ Coupler, Sewer Connector and Threaded Adapter is an acceptable hookup device. Provide this adapter or an approved equal when connecting to the Park sewer system. Disposal of trash from the receptacles will be performed by the NPS.

Enter into a utility agreement with Yellowstone National Park for rent and utilities at the sites. Electricity will be metered and charges assessed, per month, payable to Yellowstone National Park. Trailer site rent is $10.73/day, $148.74/bi-weekly, or $322.30/month, which includes sewer, water, and trash disposal. Utilities at this site will be shut off and drained no later than October 21 of each year. An extension may be considered if requested thirty (30) days in advance of October 21.

WY NPS YELL 14(1) Page III-2 Lewis River Bridge – Tree Removal/Logging Service

For additional information contact Michael Mustafaga of Yellowstone National Park, Monday through Friday at 307-344-2423.

B. Protection and Restoration of Property and Landscape. Follow the requirements of FAR Clause 52.237-2, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Preserve public and private property, and protect monuments established for the purpose of perpetuating horizontal, vertical, cadastral, or boundary control. When necessary to destroy a monument, reestablish the monument according to applicable state statute or by the direction of the agency or individual who established the monument.

Do not disturb any area outside the clearing limits unless authorized by the Contracting Officer (CO). Replace trees, shrubs, or vegetated areas outside the clearing limits damaged by clearing operations as directed and at no cost to the Government. Only remove damaged limbs of existing trees when directed by the CO.

Do not excavate, remove, damage, alter, or deface any archeological or paleontological remains or specimens. Control the actions of employees and subcontractors on the project to ensure that protected sites are not disturbed or damaged. Should any of these items be encountered, suspend operations at the discovery site, notify the CO, and continue operations in other areas. The CO will inform the Contractor when operations may resume at the discovery site.

Paleontological remains and archeological specimens found within the clearing area are the property of the National Park Service and will be removed only by the National Park Service or designated representatives. Notify the CO within one (1) hour of any discovery. The notification will include a brief statement of the location and details of the finding.

C. Protection of Forests, Parks, and Public Lands. Comply with all regulations of the State fire marshal, conservation commission, Forest Service, National Park Service, Bureau of Land Management, Fish & Wildlife Service, Bureau of Indian Affairs, or other authority having jurisdiction governing the protection of land including or adjacent to the project.

Take every precaution and make every effort to protect the delicate environment of Yellowstone National Park and surrounding area. Comply with the following:

i. Park Orientation sessions. Notify the CO at least two (2) weeks before starting work so an orientation session can be coordinated. All Contractor and subcontractor employees are required to attend park orientation sessions before commencing work.

Orientation sessions will include information about park values, regulations, and appropriate housekeeping. It will be the responsibility of the prime Contractor to ensure all new subcontractors attend orientations on Park policies. Notify the CO of all orientations that are being conducted.

WY NPS YELL 14(1) Page III-3

ii. All vehicles must be cleaned and weed free prior to entry into the Park. An equipment inspection will be required to enter the Park. (See Attachment 0004 – Equipment Inspection Contact List)

iii. Do not allow motor vehicles and equipment to enter into the Lewis River

iv. Remove trees in a manner that does not compact or damage the topsoil. Do not drive or park on topsoil or wetland sod.

v. Use of unmuffled engine brakes or jake brakes is prohibited within Park boundaries.

vi. All food items will be stored inside vehicles, trailers, or wildlife-resistant receptacles except during actual use.

vii. Limit disturbance of roadside vegetation. This includes no driving or parking on vegetated shoulders. All pullouts to be used as parking will be fenced around the perimeter with temporary fencing.

viii. Confine all operations to areas within the clearing limits.

ix. Do not allow equipment to idle longer than fifteen (15) minutes when not in use.

x. Equip all motor vehicles and equipment at all times with mufflers conforming to original manufacturers specifications. Ensure that they are in good working order to prevent excessive or unusual noise, fumes or smoke.

xi. Use of air horns is prohibited except in the event of an emergency.

D. Limitations on Clearing Operations. When the project is active, restrict operations as follows:

i. Provide CO five (5) business days’ notice prior to beginning work.

ii. Restrict hauling vehicle speeds within Park boundaries to posted speed limit with a maximum of thirty-five (35) MPH.

iii. Operate equipment in the direction of traffic, where practical.

iv. Locate staging areas within the clearing limits. Obtain approval of the location and access to staging areas. Store unused traffic control devices at staging areas.

(1) Any additional staging area outside the project limits require approval from the CO.

v. Provide parking areas for employees’ personal vehicles in approved areas.

WY NPS YELL 14(1) Page III-4 Lewis River Bridge – Tree Removal/Logging Service

vi. Provide two-way radio communications between flaggers and also between flaggers and pilot cars unless flaggers are able to see each other and communicate. Citizen band radios are not acceptable. Make radio equipment available to the CO as necessary.

vii. Limit clearing operations between thirty (30) minutes after sunrise to thirty (30) minutes before sunset.

viii. Nighttime operations are not allowed.

E. Spill Prevention. Submit and follow a Hazardous Spill Plan when an Spill Prevention, Control, and Countermeasure (SPCC) plan is not in effect. Submit the plan at least two

(2) days before beginning work. Develop a plan describing what actions will be taken in case of a spill and incorporate preventative measures to be implemented (such as the placement of refueling facilities, storage and handling of hazardous materials, etc.).

i. Do not refuel vehicles within one hundred (100) feet of a water body.

ii. Do not use equipment that is leaking fluids. Repair leaks on equipment immediately.

Keep a supply of absorbent materials at the job site in the event of spills. Acceptable absorbent materials are those manufactured specifically for the containment and cleanup of hazardous materials.

iii. Immediately notify the CO of all hazardous spills.

F. Hauling Materials on Public Roads. Load restrictions on Park roads are identical to the State load restrictions. A special permit will not relieve the Contractor of liability for damage, which may result from moving of equipment.

Any Contractor vehicles exceeding these restrictions must have a pilot vehicle. The pilot vehicle must have a sign on the front indicating “Oversized Load Follows”. The Contractor must notify the CO of the intent to utilize a pilot vehicle prior to entering the Park. All costs for pilot vehicles will be borne by the Contractor.

3. SUSTAINABILITY REQUIREMENTS

To the maximum extent possible and consistent with the Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) that the Contractor provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)-designated); water-efficient; bio-based; environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives); non-ozone depleting;

or made with recovered materials.

Unless otherwise identified in this SOW, each recovered materials or bio-based product provided and delivered must meet, but may exceed, the minimum recovered materials or bio-based content of an EPA- or USDA-designated product.

WY NPS YELL 14(1) Page III-5

The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at a Federally-controlled facility; (3) furnished by the contractor for use by the Government; or (4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

4. CONTRACT SCHEDULE

Any tree cutting and limb removal must NOT begin prior to Tuesday, September 7, 2021 and must be complete no later than October 8, 2021.

5. PROJECT TASKS

A. Tree Removal. This work consists of removing trees as specified within the project clearing limits.

i. Tree Removal Plan – Submit a detailed plan for removing all trees. Tree is defined as any vegetation that is greater than 3 inches Diameter at Breast Height (DBH) or higher than three (3) vertical feet.

ii. Limits of trees to be removed are staked/flagged in the field.

iii. Selective tree removal in the trailhead areas will be flagged accordingly.

iv. Perform felling, bucking, and decking of trees according to accepted logging practices with a minimum of breakage, damage, and waste.

v. Remove trees to a stump height of 18”. Do not remove ground vegetation.

vi. Place twenty (20) trees, with limbs intact and minimal damage, at the top of the cut areas and 5’to 10’ outside of the clearing limits. These trees will be marked. Remove all remaining trees from the Park.

vii. Stockpile all tree limbs and slash 3” or smaller at the South Entrance

Staging/Stockpiling area. Limbs and slash larger than 3” diameter must be removed from the park, unless identified by the CO to remain.

viii. Acceptance of this task shall be based on visual inspection of the work for compliance with the contract and prevailing industry standard. In the absence of specific contract requirements or tolerances, prevailing industry standards may be used.

6. WORK SCHEDULE

Submit a preliminary work schedule at the pre-work meeting. A preliminary work schedule is a written narrative with a detailed breakdown of all contract activities for the contract. Within

WY NPS YELL 14(1) Page III-6 Lewis River Bridge – Tree Removal/Logging Service seven (7) days after the pre-work meeting, the preliminary work schedule will be accepted or rejected. If rejected, submit a revised schedule within three (3) days. Do not begin work, except mobilization and traffic control, without an accepted preliminary work schedule.

The following applies to the written narrative:

A. Estimate starting and completion dates of each activity.

B. Describe work to be done within each activity including the type and quantity of equipment, labor, and material to be used.

C. Describe the location on the project where each activity occurs.

D. Describe planned production rates by pay item quantities (e.g., lineal feet of pioneering per day or number of trees removed).

E. Describe work days per week, holidays, number of shifts per day, and number of hours per shift.

F. Estimate any periods during which an activity is idle or partially idle. Show the beginning and end dates for reduced production or idle time.

G. Describe expected and critical delivery dates for equipment or material that can affect timely completion of the project.

H. Describe critical completion dates for maintaining the schedule.

7. TRAFFIC CONTROL

Provide a traffic control plan according to Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) to the TPOC for approval ten (10) days in advance of beginning work.

Install and maintain traffic control devices adjacent to and within the project as required by the traffic control plan and MUTCD. Install and maintain as follows:

A. Limit total delays to the public to twenty (20) minutes.

B. Furnish and install devices before the start of any work.

C. Relocate temporary traffic control devices as needed

D. Remove devices that no longer apply to existing conditions

E. Immediately replace any devices that are lost, stolen, destroyed, or inoperative

F. Keep temporary traffic control devices clean

WY NPS YELL 14(1) Page III-7 Lewis River Bridge – Tree Removal/Logging Service

G. Furnish and maintain traffic control devices that meet the “acceptable” standard described in Quality Standards for Work Zone Traffic Control Devices published by ATSSA.

Amend the ATSSA standards as follows:

i. Repair or remove and replace “marginal” devices within twenty-four (24) hours; and

ii. Repair or remove and replace “unacceptable” devices immediately.

H. Remove all temporary traffic control devices upon contract completion or when approved.

I. Furnish temporary traffic control devices that meet the NCHRP Report 350, Recommended Procedures for the Safety Performance Evaluation of Highway Features, for crashworthiness standards as applicable.

8. CONTRACTOR FURNISHED ITEMS

All materials shall be Contractor furnished from outside the project limits. Use established commercial sources that fulfill the contract quantity and quality.

9. INSURANCE REQUIREMENTS

The successful offeror will be required to procure and maintain until final acceptance of the contract, liability insurance of the types and limits specified below. The successful offeror shall obtain insurance from companies authorized to do business in Washington and shall cover all operations under the contract whether performed by the Contractor or by subcontractors.

Before work begins, furnish "certificates of insurance" certifying that the policies will not be changed or canceled until thirty (30) days written notice has been given to the Government. Insurance coverage in the minimum amounts set forth below shall not relieve the Contractor of liability in excess of the coverage.

A. Carry insurance meeting the following minimums:

i. Worker's compensation insurance. Minimum required by law.

ii. Comprehensive or commercial general liability insurance.

iii. Personal injury and property damage coverage;

iv. Contractual liability coverage;

v. Completed operations liability coverage;

vi. $1,000,000 combined single limit for each occurrence; and

vii. $2,000,000 general aggregate limit.

WY NPS YELL 14(1) Page III-8

viii. Automobile liability insurance. $1,000,000 combined single limit for each occurrence.

10. OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

Other contracts have either already begun or are expected to begin. The contracts may include, but are not limited to the following:

A. MT NPS YELL 11(2), North Entrance project located in Yellowstone National Park near

Gardiner, MT.

B. WY NPS YELL 10(22), Canyon to Tower, Phase 3 located in Yellowstone National Park on the Grand Loop Road between Chittenden Road and Tower Fall.

11. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The Technical Point of Contact (TPOC) is responsible for inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the

TPOC.

12. 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.

13. 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.

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

A. Payment. Payment for the delivery 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

WY NPS YELL 14(1) Page III-9 Lewis River Bridge – Tree Removal/Logging Service 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.

WY NPS YELL 14(1) Page III-10

(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 shall complete and return the e-Authorization Application Form (see Attachment 0005) 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 and the vendor user will be provided detailed instructions for logging into their Delphi e- Invoicing account.

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:

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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.

For non-FFP contracts, further contract settlement actions may exist where final invoices are not to be submitted yet until these contract settlement actions are resolved. For these contracts, the Contracting Officer will process final invoices as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer/ Contract Specialist along with the final closeout documents. When the final invoice is ready for payment, the Contracting Officer will inform the Contractor that the final invoice can be submitted through the iSupplier system.

15. CLOSEOUT OF CONTRACT FILES

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The Government will initiate the administrative closeout of the Delivery Order after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this contract.

The Government anticipates the timeframe to complete administrative close out of this contract will not exceed 6 months. The costs incurred in the administrative closeout of task orders and contract files are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

16. ATTACHMENTS

Attachment 0001: Offeror Work Experience Form Attachment 0002: Past Performance Questionnaire Attachment 0003: Vicinity and Site Map Attachment 0004: Equipment Inspection Contact List Attachment 0005: e-Authorization Application Form Attachment 0006: Wage Determination

PART IV – SOLICITATION PROVISIONS

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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.

52.204-7 -- 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)

(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.

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(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

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(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…