RFP Solicitation -Mid Atlantic IDIQ.pdf

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) REQUEST FOR PROPOSALS

(RFP)

Solicitation #: 693C73-20-R-000005 (Proposals Due Date: See SF 1442, Block 13A)

Mid-Atlantic MATOC

ISSUING OFFICE: U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

21400 RIDGETOP CIRCLE

STERLING, VA 20166

Phone: (703) 404-6201

PROPOSAL REMINDERS

Electronic proposals will be accepted. Submit proposals in accordance with the instruction in section L. Before submitting your proposal, please review the following:

• Have you completed the Authority to Sign?

• Have you completed and signed the SF1442, Solicitation, Offer & Award?

• Have you acknowledged all amendments?

• Have you registered and completed your

Representations & Certifications in the System of Award Management?

• Have you completed the general information and technical proposal?

QUICK INDEX

Part I – The Schedule

Part II – Contract Clauses

Part III – List of Documents, Exhibits, and Attachments

Part IV – Representations and Instructions

PROJECT NAME Mid-Atlantic Construction MATOC

COUNTY Multiple

STATE Multiple

Offer Submittal Checklist Mid Atlantic Area Construction Multiple Award Task Order Contract (MATOC)

OFFER SUBMITTAL CHECKLIST

Before submitting your offer, please review the following:

Done?

Is this in the

Email?

Offer Delivery

Does the subject line for the delivery email structured correctly?

693C7320R000005 – Contractor Name – Email X of Y

Did I attach all required submittals?

Pages A-3 & A-4 (SF 1442, Solicitation Offer & Award) Did I include our firm name and address in block 14?

Did I include our firm’s phone number in block 15?

Did I include our firm’s remittance address in block 16?

(Use when different than block 14)

Did I include my Unique Entity Identifier (formerly DUNS) and my Cage Code?

Did I include the number & date of all amendments in block 19?

Did the appropriate official sign/date in block 20A, 20B & 20C?

Authority to Sign Did I include a completed form for each person signing the SF1442?

Proposal Submittal See Sections L and M Did I include the General Information and Technical Proposal?

Did I include a Technical Information Form 1 for each project submitted for Evaluation Factor 1?

Did I include a letter from my bonding agent indicating current bonding limits for Evaluation Factor 2?

Did I include Past Performance Information made available from project owners for Factor 3, if applicable?

Did I include all other written submittals required by the Factors and Subfactors listed in section M?

System for Award Management (SAM) https://beta.sam.gov/ Is our SAM record active and information up-to-date?

Have we completed our online representations and certifications in

SAM?

Veteran Reporting (FAR Clause 52.222-37) If applicable, did I ensure our firm has completed this annual report?

NOTE: The Contractor is fully responsible to verify that all data is correct each time a offer package is submitted. Failure to properly input and/or update your data may cause the offer to be rejected.

Authority to Sign

INSTRUCTIONS: When the offeror/principal is a corporation, include this certification with your offer/bid.

Corporate Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the corporation named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this corporation;

that the offer was duly signed for and on behalf of said corporation by authority and scope of its governing body, and within the scope of its corporate powers.

_____________________________________ (signature) Affix Corporate Seal

_____________________________________ (title)

INSTRUCTIONS: When the offeror/principal is a limited liability company, include this certification with your offer/bid.

Limited Liability Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the limited liability company named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this company;

that the offer was duly signed for and on behalf of said company by authority and scope of its governing body, and within the scope of its powers.

_____________________________________ (signature) Affix Company Seal (as applicable) __________ _________________________ (title)

INSTRUCTIONS: When the offeror/principal is a partnership, include this

Authority to Bind Partnership

This certifies that the names and signatures of all partners are listed below, and that the person signing the proposal has the authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all partners)

INSTRUCTIONS: When the offeror/principal is a joint venture, include this

Authority to Bind Joint Venture

This certifies that the person signing the proposal has the authority to actually bind the joint venture pursuant to its joint venture agreement, and that each of the named persons listed below individually has full authority to enter into and execute contractual instruments on behalf of said joint venture, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all applicable individuals)

INSTRUCTIONS: When the offeror/principal is a sole proprietorship, the signature on the offer/bid and on the bonds must be as follows:

Sole Proprietorship Requirement

An Offeror/Principal that is a sole proprietorship must submit an offer/bid and a bond signed by the sole proprietor, or by one duly authorized to sign for the sole proprietor.

If the signature is by someone other than the sole proprietor, a copy of the power of attorney authorizing the individual to sign must be provided with the offer/bid.

RESERVED

Table of Contents

TABLE OF CONTENTS

Contents

PART I

THE SCHEDULE ...................................................................................................................... A-1

SECTION A. SOLICITATION/CONTRACT FORM NOTICE TO OFFERORS SF 1442,

SOLICITATION, OFFER AND AWARD ........................................................................A-1through A6

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS ................................. B-1through B-2

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ............ C-1through C-6

SECTION D – PACKAGING AND MARKING ........................................................... D-1 through D-2

SECTION E – INSPECTION AND ACCEPTANCE ...................................................... E-1 through E-2

SECTION F – DELIVERIES OR PERFORMANCE .......................................................F-1 through F-2

SECTION G – CONTRACT ADMINISTRATION DATA ........................................... G-1 through G-2

SECTION H – SPECIAL CONTRACT REQUIREMENTS .......................................... H-1 through H-2

PART II – CONTRACT CLAUSES ............................................................................................ I-1

SECTION I – FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES .. I-1 through I-21

Part III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS .................. J-1

SECTION J – LIST OF ATTACHMENTS ........................................................................ J-1 through J-2

PART IV – REPRESENTATION AND INSTRUCTIONS ....................................................... K-1

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS ............................................................................... K-1 through K-12

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS .............................................................................................................. L-1 through L-7

SECTION M – EVALUATION FACTORS FOR AWARD ......................................... M-1 through M-7

Table of Contents

A-1

Notice to Offerors Mid Atlantic Area Construction Multiple Award Task Order Contract (MATOC)

PART I – THE SCHEDULE

SECTION A. SOLICITATION/CONTRACT FORM NOTICE TO OFFERORS SF 1442,

SOLICITATION, OFFER AND AWARD

A.1 NOTICE TO OFFERORS

I. Solicitation Overview

The primary objective of this solicitation is to solicit qualified firms for Multiple Award Task Order Contracts (MATOC) covering a 5-year period for highway and/or bridge construction services with incidental design services within the Mid-Atlantic states of the United States.

These states will include but are not limited to Virginia, West Virginia, District of Columbia, and Maryland. We plan to award approximately four Indefinite Delivery, Indefinite Quantity (IDIQ) construction contracts.

II. Pre-proposal Information

This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR) and agency supplemental regulations. Task Orders to be issued under a contract will be subject to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 U.S. Customary Units or any subsequent FP that may be applied to the task order, as well as supplemental specifications and plan sheets. An electronic version of the FP-14 may be found at http://flh.fhwa.dot.gov/resources/pse/specs/

REPS & CERTS - Submit or update Representations and Certifications online at https://beta.sam.gov/ before proposal submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page K-1). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

NOTICE OF SAM REGISTRATION – You must have an active System for Award Management (SAM) profile prior to submittal of your offer. Failure to register prior to submittal of your offer will make your offer non-responsive. See FAR Subpart 4.1103(a)(1).

Register online at https://beta.sam.gov/.

Solicitation Discrepancies: If an Offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer (CO) in writing with supporting rationale.

Form SF 1442 - Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. Sign Block 20B. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page K-1.

Failure to furnish or complete any of the above may result in your offer being rejected.

http://flh.fhwa.dot.gov/resources/pse/specs/ https://beta.sam.gov/

A-2

Notice to Offerors

Proposal Submittals - See Subsections L and M.

Fraud Alert - Current and potential U.S. Department of Transportation (DOT) Contractors have recently been receiving fraudulent letters purporting to be issued by DOT. These fraudulent letters request that the Contractors resubmit their banking information to DOT. If you receive such a letter, please DO NOT complete the requested worksheet that is attached to the letters and DO NOT release any information. To register or update information, Contractors are required to go directly through the System for Award Management (SAM) website and never through a third party. You can access SAM at https://beta.sam.gov/.

III. Post Award Information

Contractor Performance Evaluations. This office posts performance evaluations in the Contractor Performance Assessment Reporting System (CPARS). Upon receiving an email notice of evaluation availability, you will have 60 days to review the evaluation online and submit comments.

Task Orders – All work will be issued by Task Order.

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Federal Highway Administration

Eastern Federal Lands Highway Div.

Acquisitions Office 21400 Ridgetop Circle

EFLHD-AC

Sterling VA 20166-6511

See Block 7

MELVIN SLOAN 703-404-6205

See Block 10 x 01/17/2020

693C7320R000005

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

This Request for Proposal (RFP) is for an Indefinite Delivery, Indefinite Quantity

(IDIQ) contract to provide highway and/or bridge construction services with incidental design services within the Mid-Atlantic states of the United States.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Continuation Sheet, Block 11

02/18/2020

NSN 7540-01-155-3212

x x x x

___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

_____________ copies to perform the work required are due at the place specified in Item 8 by

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Federal Highway Administration Eastern Federal Lands Highway Div.

Acquisitions Office 21400 Ridgetop Circle

EFLHD-AC

Sterling VA 20166-6511

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693C7320R000005

00001 Base Year - Indefinite Delivery, Indefinite

Quantity (IDIQ) contract provide highway and/or bridge construction services with incidental design services within the Mid-Atlantic states of the United States.

00002

00003

00004

00005

Option Year 1

Option Year 2

Option Year 3

Option Year 4

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION OF SF 1442

Block 2:

This project is RESTRICTED - Proposals will be accepted from all eligible Small Business concerns.

This procurement falls under North American Industry Classification System (NAICS) code 237310 - Highway, Street, and Bridge Construction (see FAR Subpart 19.10).

Facsimile and electronic bids will not be accepted.

Block 9: FOR GENERAL INFORMATION, e-mail us at EFLHD.Contracts@dot.gov.

FOR TECHNICAL INFORMATION (plan and specification questions only), requests for technical information about this project will only be accepted in writing.

Submit questions via e-mail at EFLHD.Contracts@dot.gov.

QUESTIONS/ANSWERS POSTED ONLINE. You can view questions and answers on the Government Point of Entry website located at beta.sam.gov .

• Select “Contract Opportunities”

• Insert the solicitation number in “I’m looking for…” search box.

• Scroll to the project.

• Make sure you are on the most recent view and look in the right section of the page for the most recent Q&A document.

Block 13:

A bid guarantee for the seed project in the amount of not less than 20 percent of the bid price or $3 million, whichever is less, is required with this bid. If the bidder fails to provide the required bid guarantee, such failure may require rejection of the bid. Reference FAR Provision 52.228-1, Bid Guarantee.

Other:

The estimated price of the seed project is expected to fall within the price range of $500,000 to $1,000,000.

Responsibility of bidders shall be evaluated in accordance with the information provided on the Bidder's Qualification Form, which can be downloaded from FHWA web site. FP-14 versions can be downloaded at the FHWA web site. FHWA web site is http://flh.fhwa.dot.gov/resources/specs/ then click on “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects”.

mailto:%20EFLHD.Contracts@dot.gov https://www.fbo.gov/ http://flh.fhwa.dot.gov/resources/specs/

B-1

SECTION B - Supplies or Services and Prices/Costs

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICE/COSTS

ITEM

No. DESCRIPTION

Construction, Multiple Award Task Order Contract (MATOC).

Highway/Bridge/Road projects in the Mid-Atlantic Region of the United States.

Offerors must submit a price proposal in accordance with the requirements contained in Section M. Award will be based on the evaluation criteria listed in Section M.

CLAUSES AND PROVISIONS

1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

2. Clauses and provisions in this document are numbered in sequence, but do not necessarily appear in consecutive order.

3. Section K, L and M will be physically removed from the award but deemed incorporated by reference.

B-2

SECTION B - Supplies or Services and Prices/Costs

C-1

SECTION C – Description/Specifications/Statement of Work

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. OVERVIEW

Eastern Federal Lands Highway Division (EFLHD) is in need of highway and/or bridge construction services with incidental design services within the Mid-Atlantic states of the United States. These states will include, but are not limited to, Virginia, West Virginia, District of Columbia, Maryland. The type of work will vary but may include gravel or natural surface roadway and trail rehabilitation, asphalt concrete and Portland cement concrete pavement construction, asphalt concrete milling, pavement markings, embankment construction, debris removal, pipe and box culvert repairs or replacement, riprap placement, sign installation, embankment repairs using Mechanically-Stabilized Earth (MSE) walls, bridge repairs such as joint replacements, concrete deck repairs, abutment/pier and wingwall repairs or replacements, and smaller bridge replacements.

Umbrella Contracts – We intend to award a minimum of two and up to four Indefinite Delivery-Indefinite-Quantity Multiple-Award Task Order Contracts (MATOC). The number of actual awards is dependent upon the merits of the proposals received. The combined maximum quantity to be ordered over the life of all awarded contracts is $80,000,000. The combined maximum quantity for the MATOC contracts is calculated as the sum of all Task Order awards and Task Order Modifications. Each MATOC contract will be for a 5-year period.

MATOC Minimum Guarantee - The minimum amount guaranteed over the life of each MATOC contract is $50,000.

Task Orders - All work will be awarded on a Task Order basis. Task Orders will vary in size ranging from approximately $50,000 to $2 million. At the Contracting Officer’s discretion, Task Orders under or over this range may be awarded.

As requirements develop and funding becomes available, Task Order Requests for Proposal (TO- RFP) will be issued to all MATOC contractors.

Types of Task Orders - Task orders may be Firm-Fixed-Price (FFP) or FFP with economic price adjustments.

C-2

C.2. SPECIFICATIONS

It is anticipated that the majority of work will generally incorporate the specifications and design standards of American Association State Highway Transportation Officials (AASHTO), and specifications based on the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14 and future versions Customary/Metric).

Websites - The following web sites contain information that may be used in the development of task orders. Other information not contained in the below websites also may be used in the development of task orders.

Standard Specifications (FP) - The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14 and future versions) are issued primarily for constructing roads and bridges on Federal Highway projects under the direct administration of the Federal Highway Administration. View the FP online at:

http://flh.fhwa.dot.gov/resources/pse/specs/

Eastern Federal Lands Highway (EFLHD) Library of Supplemental Specifications (FP-14 and future versions) - Special Contract Requirements (SCRs) supplement the FP. A library of SCRs may be viewed at https://flh.fhwa.dot.gov/resources/specs/fp- 14/efl/ . These documents are periodically updated and do not include all the SCR’s that may be developed for a project.

Federal Lands Highway (FLH) Standard Drawings - FLH standard drawings include various design details that may be included in a project. Files are available in MicroStation® and Acrobat® formats http://flh.fhwa.dot.gov/resources/pse/standard/.

C.3. WAGE RATES

Construction Wage Rate Requirements are applicable to construction task orders awarded under this contract.

C.4. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

It is anticipated that most, if not all, of the Task Orders will be awarded based on competition between all MATOC contract holders.

Task Orders will not be publicly opened or released. Unsuccessful offerors' task proposal information will not be made available to the public, however, the information will be shared among other bidders (bid tabs will be shared with all MATOC holders after each Task Order bid opening.)

(1) Task Order Synopsis - When the Government requires work under the MATOC a Task

Order-Synopsis will not be posted on Beta.Sam.Gov unless an exception applies per FAR http://flh.fhwa.dot.gov/resources/pse/specs/ https://flh.fhwa.dot.gov/resources/specs/fp-14/efl/ https://flh.fhwa.dot.gov/resources/specs/fp-14/efl/ http://flh.fhwa.dot.gov/resources/pse/standard/

C-3

16.505(a)(4) and (11), and 16.505(b)(2)(ii)(D).

(2) Task Order Requests for Proposals (TO-RFP) - When the Government requires work under the MATOC, a TO-RFP will be issued. The TO-RFP will include information concerning the project such as, contract requirements, physical data, drawings, site visit details, evaluation criteria, and submission requirements (e.g. bid schedule, proposal requirements, etc).

(3) Task Order Pre-award Expenses - The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-award task order costs.

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

(5) Proposal Contents - Depending upon the requirements of each TO-RFP, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Respond within the number of calendar days stated in the TO-RFP by submitting a proposal to the CO.

(6) Contract Prices - Bid Schedules - Payment for items listed in the Bid Schedule constitutes full compensation for furnishing all labor, equipment, services, and materials needed to complete construction. Include in the prices for the items listed in the Bid Schedule all costs for the specified work, whether or not specifically listed in the Bid Schedule.

(7) Bid Bonds. Submit bid bonds with the TO proposal as required in the TO-RFP.

(8) Proposal Deviations - Proposals that deviate from the TO requirements may be rejected or delay award.

(9) Declining a Task Order - With the exception of the TO-RFPs being issued with this solicitation to evaluate pricing, contractors are not required to submit a proposal for each TO-RFP. The Contractor must decline a project by written notice to the CO stating the reason and submit no later than 2 business days prior to the TO-RFP proposal due date.

MATOC Contractors who do not propose on at least 50% of available projects offered within a 24 month period may be determined at the Contracting Officer’s discretion to be ineligible for the MATOC minimum guarantee (see Section C.1).

(10) Fair Opportunity - All MATOC Contractors will be given fair opportunity to be considered for each order exceeding $3,500 issued under this MATOC except as provided below:

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

b. Only one awardee is capable of providing the supplies or services

C-4 required at the level of quality required because the supplies or services ordered are unique or highly specialized;

c. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

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

e. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source; or

f. The Contracting Officer sets aside the order for small businesses (see Section C.6).

In determining eligibility to compete, the CO considers such factors as performance on task orders under the MATOC contract, quality, timeliness, special expertise or other factors the CO determines are relevant to award of a particular task order. Failure to prosecute the work diligently on task orders may be cause for the CO to determine a contractor in-eligible to compete on a TO-RFP. Additional factors that may make a contractor ineligible include poor past performance, failure to propose on TO-RFPs or a Sole Source action is justified.

(11) Evaluation Method and Procedures - The basis of award for individual task orders may vary and will be described in the TO-RFP. Examples of a basis for award are:

1) Based on price only.

2) Based on both price and non-price factors, with the Task Order awarded to the

Contractor offering the best value to the Government. The Government reserves the right to accept other than the lowest priced offer. The TO-RFP will describe whether price is less important, more important, or equal in importance to non-price factors.

(12) Award Decision - Whenever possible, award will be made without discussions. Task orders will be FFP or FFP with an economic price adjustment. The Government reserves the right to reject all offers.

(13) Task Order Award

1) Award Notification - The task order becomes binding when the Contracting Officer signs the order. Notice of Task Order award will be via mail, email or facsimile. The Notice to Proceed (NTP) may be issued separately, normally after receipt of acceptable performance and payment bonds.

2) Insurance. Submit acceptable proof of insurance before beginning work.

3) Performance & Payment Bonds. Submit Performance and Payment Bond documents upon request. Ensure the IDIQ contract number AND the task order number are included on each Performance and Payment Bond document. Bond documents not containing the required information will be returned for correction.

4) Task Order contract documents. When electronic copies of the awarded task order are not feasible, the Contractor will be provided paper copies. All further

C-5 reproduction shall be at the Contractor's expense.

C.5. EXCEPTIONS TO FAIR OPPORTUNITY (SOLE SOURCE) TASK ORDERS

(1) The CO reserves the right to award a sole source task order in the following instances:

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

(b) Only one IDIQ Contractor is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; OR

(c) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order;

OR

(d) It is necessary to place an order to satisfy a minimum guarantee.

(2) Subcontractor costs under sole source task orders must show adequate competition.

Adequate competition may normally be assumed when there are at least two independent subcontractor/supplier quotes.

(3) Upon request, provide copies of subcontractor/supplier quotes with profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the government to discern the scope of the services and materials included in the price.

(4) All prices must be fair and reasonable. If required, audits may be performed. The Government may conduct negotiations.

C.6. PERFORMANCE EVALUATIONS.

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

2. This office posts performance evaluations in the Contractor Performance Assessment Reporting System (CPARS) https://www.cpars.gov/. Upon receiving notice of evaluation availability, you will be given an opportunity to review the evaluation and submit comments.

C.7. PROTESTS OF TASK ORDER AWARDS.

In accordance with FAR 16.505(a) (10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract or a protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

https://www.cpars.gov/

C-6

Ombudsman. If a Contractor believes they were not fairly considered for a particular task order, the Contractor may present the matter to the CO. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman. The DOT Task and Delivery Order Ombudsman is the Associate Director, Office of Acquisition Policy, Oversight and Business Strategies (M-61) located in the Office of the Senior Procurement Executive (M-60). The Ombudsman will review the Contractor's complaint, and in coordination with the CO, ensure that the Contractor was afforded a fair opportunity to be considered for the task order.

C.8. GENERAL CONTRACT REQUIREMENTS.

Additional MATOC awards. The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and with the same geographic constraints as this contract. In this event, new MATOC contractors, in accordance with the terms of their contracts, may compete for task orders with the Contractors selected under this solicitation.

C.9. MINIMUM STANDARDS FOR CRITICAL TASKS.

TO-RFPs may set minimum employee and firm qualifications for critical tasks. The Contractor may be required to provide personnel and firms that meet or exceed the minimum qualification standards established in the TO-RFP.

D - 1

SECTION D - Packaging and Marking

SECTION D – PACKAGING AND MARKING

D - 2

SECTION D - Packaging and Marking

E-1

SECTION E – Inspection & Acceptance Mid Atlantic Area Construction Multiple Award Task Order Contract (MATOC)

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 -- Inspection of Construction (Aug. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

E-2

SECTION E – Inspection & Acceptance Mid Atlantic Area Construction Multiple Award Task Order Contract (MATOC)

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

F-1

SECTION F – Deliveries or Performance

SECTION F – DELIVERIES OR PERFORMANCE

F.1. CLAUSES

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far

FAR Number Title Date 52.211-13 52.211-13 Time Extensions

**NOTE** (Applicable to projects with interim or multiple completion dates)

Sep 2000

52.211-18 Variation of Estimated Quantity Apr 1984 52.242-14 Suspension of Work Apr 1984

F.2 PERIOD OF SERVICE

This contract will be in effect for 60 months from the date of award. No work can be ordered after the 60 months have expired. All Task Orders will have their own completion date, which may extend beyond the end of the 60-month period.

https://www.acquisition.gov/far

F-2

SECTION F – Deliveries or Performance

G-1

SECTION G – Contract Administration Data

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING & APPROPRIATION DATA

This data will be included in individual Task Order Award documents.

G.2 GOVERNMENT-FURNISHED PROPERTY

When applicable, the Task Order Special Contract Requirements (SCRs) will include property information. Use and maintain the property in accordance with the applicable property clauses.

See Task Order clauses (Clauses begin on page C-1 of each Task Order) and Task Order specifications.

G.3 CONTRACTING OFFICERS

The Contracting Officer(s) responsible for the MATOC contracts and soliciting/awarding Task Orders may be contacted at:

Eastern Federal Lands Highway Division 21400 Ridgetop Circle Sterling VA 20166 Email: EFLHD.Contracts@dot.gov Phone: (703) 404-6201

FAX: (703) 404-6217

mailto:EFLHD.Contracts@dot.gov

G-2

SECTION G – Contract Administration Data

H-1

SECTION H – Special Contract Requirements

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SHOP DRAWINGS, SUBMITTALS, & AS-BUILTS

Prepare all shop drawings, submittals, and as-builts for each Task Order in accordance with requirements contained therein and in FAR clause 52.236-21 Specifications and Drawings for Construction.

H.2. USE OF RECOVERED MATERIALS ON FEDERAL LANDS HIGHWAY

PROJECTS

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6901 et seq.), requires Federal, State, and local procuring agencies using appropriated Federal funds to purchase items composed of the highest percentage of recovered materials practical. Use of recovered materials is strongly encouraged on Federal Lands Highway Projects. Highway construction items covered by the Environmental Protection Agency's Comprehensive Guidelines for Procurement of Products Containing Recovered Materials include fly ash, ground granulated blast furnace slag, traffic barricades, traffic cones, hydraulic mulch and compost for mulch.

Use of fly ash and ground granulated blast furnace slag and construction materials containing fly ash and ground granulated blast furnace slag on Federal Lands Highway Projects:

• It is the policy of the United States Government that fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag shall have maximum practicable opportunity for incorporation into its construction projects.

• The Contractor agrees to investigate the use of fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag to the fullest extent consistent with the efficient performance of this contract. Both the contractor and the subcontractors are urged to seek out suppliers of fly ash and ground granulated blast furnace slag, cement and concrete containing fly ash and ground granulated blast furnace slag and to solicit bids for these materials.

• Names of firms that supply fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag are available from the American Coal Ash Association and the National Slag Association.

I-1

Section I – Federal Acquisition Regulation Contract Clauses

PART II – CONTRACT CLAUSES

SECTION I – FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

NOTE: Each Task Order will contain the most up to date versions and required clauses as applicable.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar

FAR NUMBER TITLE DATE

52.202-1 Definitions Nov 2013 52.203-2 Certificate of Independent Price Determination Apr 1985 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the

Government Sep 2006

52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

May 2014

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

Sept 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Oct 2010

52.203-13 Contractor Code of Business Ethics and Conduct Oct 2015 52.203-14 Display of Hotline Poster(s) Oct 2015 52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

Apr 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-7 System for Award Management Oct 2018 52.204-10 Reporting Executive Compensation and First-

Tier Subcontract Awards Oct 2018 https://www.acquisition.gov/far https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar

I-2

52.204-13 System for Award Management Maintenance Oct 2018 52.204-15 Service Contract Reporting Requirements for

Indefinite-Delivery Contracts Oct 2016

52.204-16 Commercial and Government Entity Code Reporting

July 2016

52.204-18 Commercial and Government Entity Code Maintenance

Jul 2016

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.204-20 Predecessor of Offeror July 2016 52.204-21 Basic Safeguarding of Covered Contractor

Information Systems Jun 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Jul 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Dec 2019

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Aug 2019

52.204-26 Covered Telecommunications Equipment or Services-Representation

Dec 2019

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

Oct 2016

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

Nov 2015

52.209-5 Certification Regarding Responsibility Matters Oct 2015 52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Oct 2015

52.209-7 Information Regarding Responsibility Matters Oct 2018 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

Feb 2016

52.210-1 Market Research Apr 2011 52.215-2 Audit and Records—Negotiation Oct 2010

I-3

52.215-8 Order of Precedence—Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or

Pricing Data **NOTE** (use if Task Order requires cost and pricing data)

Aug 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data – Modifications **NOTE** (use if Task Order requires cost and pricing data)

Aug 2011

52.215-12 Subcontractor Certified Cost or Pricing Data Oct 2010 52.215-13 Subcontractor Certified Cost or Pricing Data –

Modifications **NOTE** (use if Task Order requires cost and pricing data)

Oct 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions **NOTE** (use if Task Order requires cost and pricing data)

Jul 2005

52.215-19 Notification of Ownership Changes **NOTE** (use if Task Order requires cost and pricing data)

Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications **NOTE** (use if Task Order requires cost and pricing data)

Oct 2010

52.216-4 Economic Price Adjustment -- Labor and Material

Jan 2017

52.219-6 Notice of Total Small Business Set-Aside Nov 2011 52.219-8 Utilization of Small Business Concerns Oct 2018

52.219-14 Limitations on

Jan 2017

52.219-28 Post-Award Small Business Program Re-representation Jul 2013

52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards --

Overtime Compensation.

May 2018

52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Aug 2018 52.222-9 Apprentices and Trainee Jul 2005

I-4

52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination -- Debarment May 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-22 Previous Contracts and Compliance Reports Feb 1999 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr 2015

52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Veterans Feb 2016 52.222-38 Compliance with Veterans’ Employment

Reporting Requirements Feb 2016

52.222-40 Notification of Employee Rights Under the…