Amendment A005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

N/A

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

A005 1/18/2024 N/A See Box 14

6. ISSUED BY CODE N/A 7. ADMINISTERED BY (If other than Item 6) CODE N/A

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X

69056723R000013

9B. DATED (SEE ITEM 11)

12/14/2023

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A N/A

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

| X | The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers (__ ) is extended, ( x ) is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN

ITEM 10A.

N/A

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

N/A

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

N/A

D OTHER (Specify type of modification and authority) N/A

E. IMPORTANT: Contractor n/a is not, n/a is required to sign this document and return n/a copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

69056723R000013, Yellowstone, Grand Teton, & Surrounding area MATOC 2024

See page 2.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15a. NAME AND TITLE OF SIGNER (Type or print) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. A005, dated 1-18-2024 69056723R000013 Solicitation No. 69056723R000013 Yellowstone, Grand Teton, & Page 2 Surrounding area MATOC 2024

REVISIONS ARE AS FOLLOWS:

Part II – CONTRACT CLAUSES

SECTION I – Federal Acquisition Regulation Contract Clauses

1. Page I-5, Adds Clause 52.222-34.

2. Page I-8, Revises Clause 52.225-9.

3. Page I-12, Revises Clause 52.225-11.

4. Page I-18, Revises Clause 52.225-11 Alternate I.

Part IV – Representations and Instructions

SECTION K – Representations, Certifications, and Other Statements of Offerors or Respondents.

1. Pages K-1 & K-4, Revises 52.204-8.

2. Page L-1, Adds Provision 52.222-33

ENCLOSURES

Pages:

I-5 I-8 I-12 I-18 K-1 K-4 L-1

I-5

Section I – Federal Acquisition Regulation Contract Clauses Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

**NOTE** (Applicable if Government property provided)

52.245‐9 Use and Charges **NOTE** (Applicable if Government property provided)

Apr 2012

52.247‐64 Preference for Privately Owned U.S.‐Flag Commercial Vessels

Nov 2021

52.248‐3 Value Engineering‐‐Construction Oct 2020 52.249‐2 Termination for Convenience of the

Government (Fixed‐Price) Alternate I (Sep 1996) Apr 2012

52.249‐10 Default (Fixed‐Price Construction) Apr 1984 52.253‐1 Computer Generated Forms Jan 1991 52.222‐34 Project Labor Agreement (Jan 2024) Alternate II JAN 2024

TRANSPORTATION ACQUISITON REGULATIONS (TAR) CLAUSES

1252.201‐70 Contracting Officer's Technical Representative Nov 2022 1252.211‐70 Index for Specifications Nov 2022 1252.216‐70 Evaluation of Offers Subject to an Economic

Price Adjustment Clause Nov 2022

1252.223‐71 Accident and Fire Reporting Nov 2022 1252.223‐73 Seat Belt Use Policies and Programs Nov 2022

1252.228‐74 Notification of Payment Bond Protection Nov 2022

1252.242.72 Dissemination of contract information. Nov 2022

FULL TEXT CLAUSES

52.204-1 Approval of Contract (Dec 1989) This contract is subject to the written approval of the Western Federal Lands’ Division Director or one level above the Contracting Officer and shall not be binding until so approved.

(End of Clause)

52.211-10 Commencement, Prosecution, And Completion Of Work (Apr 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within Specified in the Task Order Clause calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of calendar days /date will be specified in the Task Order clause. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed as specified in the Task Order clause. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of

Revised by Amendment A005

I-8

Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to Contracting Officer, Western Federal Lands Highway Division, 610 East Fifth Street, Vancouver, WA 98661-3801

(End of clause)

52.225-9 Buy American Act–Construction Materials (OCT 2022) (Applicable to orders less than $7,032,000 6,708,000)

(a) (Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Revised By Amendment A005

I-12

Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause) 52.225-11 Buy American Act--Construction Materials Under Trade Agreements (Nov 2023) (Applicable to orders greater than $7,032,000.00 6,708,000)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction

I-18

Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information. ] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)

52.225-11 Buy American—Construction Materials under Trade Agreements (Nov 2023) Alternate I (Nov 2023) (applicable to orders between $7,032,000 6,708,000 and $12,001,460 13,296,489)

(a) Definitions. As used in this clause— Bahraini, Mexican, or Omani construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and (iii)Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products. Revised by Amendment A005

K-1

Section K – Representations, Certifications, and Other Statements of Offerors or Respondents Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

PART IV – REPRESENTATION AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISION BY REFERENCE

Each Task Order will contain the most up-to-date versions and required provisions as applicable.

FAR 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 this/these address(es):

http://www.acquisition.gov/far/.

FAR NUMBER TITLE DATE

52.203-18 Prohibition on Contracting with Entities that

Require Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

52.236-28 Preparation of Proposals—Construction OCT 1997

(End of provision)

K.2. FULL TEXT PROVISIONS

52.204-8 Annual Representations and Certifications. (MAR 2023) [DEVIATION JAN 2024])

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is__ NAICS 237310 – Highway, Street & Bridge Construction.

(2) The small business size standard is $45 million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

Revised by Amendment A005

Completing FAR provision 52.204-8 Annual Representation and Certifications.

This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $36.5 million. If your average annual gross receipts for the past 3 years are above $45 million you are a large business for this solicitation. If they are below $45 million you are a small business. Please complete the certification listed in paragraph (d).

Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the System for Award Management (SAM) website: https://www.sam.gov/portal/public/SAM/.

K-4

Section K – Representations, Certifications, and Other Statements of Offerors or Respondents Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

(B) If the acquisition value is $50,000 or more but is less than $92,319 100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 100,000 or more but is less than $100,000102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

L-1

SECTION L – Instruction, Conditions and Notices to Offerors or Respondents Yellowstone, Grand Teton, & Surrounding Area Multiple Award Task Order Contract (MATOC) 2024

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 – PROVISIONS BY REFERENCE

FAR 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 this/these address(es):

http://www.acquisition.gov/far/

FAR NUMBER TITLE DATE

52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code

Reporting Jul 2016

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple- Award Contracts).

Oct 2016

52.214-34 Submission of Offers in the English Language Apr 1991 52.214-35 Submission of Offers in U.S. Currency Apr 1991 52.215-1 Instructions to Offerors—Competitive

Acquisition Jan 2017

52.216-27 Single or Multiple Awards Oct 1995 52.222-33 Notice of Requirement for Project Labor Agreement

(Jan 2024) Alternate III

JAN 2024

52.236-27 Site Visit (Construction) Feb 1995

L.2 FULL TEXT PROVISIONS

52.216-1 Type of Contract (Apr 1984) The Government contemplates award of up to eight Indefinite-Delivery Indefinite-Quantity (MATOC) Contracts resulting from this solicitation. Task Orders placed under MATOC contracts will be either firm fixed-price or firm fixed price with economic price adjustment.

(End of provision)

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) (a)(1) The Offeror shall notify the Government if the Offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the Offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the Offeror shall request a determination from the Contracting Officer.