6982AF-20-Q-000005-Calibration-Services 3-1.pdf

CCEENNTTRRAALL FFEEDDEERRAALL LLAANNDDSS HHIIGGHHWWAAYY DDIIVVIISSIIOONN

WWEESSTTEERRNN FFEEDDEERRAALL LLAANNDDSS HHIIGGHHWWAAYY DDIIVVIISSIIOONN

FFEEDDEERRAALL HHIIGGHHWWAAYY AADDMMIINNIISSTTRRAATTIIOONN

INDEFINITE DELIVERY—INDEFINITE QUANTITY

REQUEST FOR PROPOSAL

FOR

LABORATORY EQUIPMENT

INSPECTION, CALIBRATION AND REPAIR SERVICES

BLANKET PURCHASE AGREEMENT

6982AF-20-Q-000005

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

Web site: http://www.fbo.gov

E-mail: CFLSimplified@dot.gov http://www.fbo.gov/ mailto:CFLSimplified@dot.gov iii

Blanket Purchase Agreement

TABLE OF CONTENTS

Section A Standard Form 1449 - Solicitation, Contract Form………………………….……………..3

Section B Services and Pricing…………………………………………………………………...…...8

Section C Description/Specifications/Work Statement…………………………………………..…...9

Section D Packaging and marking……………………………….………………………..…10

Section E Inspection and acceptance…………………………….………………………..…10

Section F Deliveries or performance………………………………………………………..10

Section G Contract Administration…………………………………………………………………..11

Section H Special contract requirements……………………………………………………..13

Section I Contract Clauses……………………………………………………………………………14

Section J List of attachments………………………………………………………………...34

Section K Representations, certifications, and other statements of offerors or respondents...35

Section L Instructions, conditions, and notices to offerors or respondents………………….38

Section M Evaluation factors for award……………………………………………………..42

Attachments

Appendix A CFLHD Lab Trailers Equipment to be Serviced………………………………………...45

Appendix B WFLHD Lab Trailers Equipment to be Serviced………………………………………..46

Appendix C Stand-Alone Equipment Provided on an As-Needed Basis to Project Sites……………..47

Appendix D CFLHD Laboratory at Denver Federal Center Equipment to be Serviced………………48

Appendix E Sample Trip Report……………………………………………………………………….49

Appendix F Definitions………………………………………………………………………………...44

Appendix G Service Contract Act Wage Determination………………………………………………50 of 66

Description of Agreement

The Federal Highway Administration (FHWA) has a requirement for Lab Inspection, Calibration, and

Repair Services on current and future roadwork throughout a 19-State Region. The FHWA intends to award one or more agreements under the terms established in this BPA to fulfill Government procurement requirements.

The Contractor shall provide these services, as requested by the Contracting Officer (CO) during the period specified under Section D, entitled “Delivery/Performance.”

Procurements or Delivery Orders (DOs) placed under this BPA must first have a written Statement of

Work (SOW). DOs shall reference this agreement and include a description of the work requirement(s), pricing, and delivery schedule. All items will be provided and ordered in accordance with the terms established in this agreement and the most current Service Contract Act Wage Determination issued by the Department of Labor.

The Contracting Officer Representative (COR) will issue DO’s when there is a need to inspect, calibrate, and/or repair laboratory equipment. A DO will then be issued as a Notice to Proceed (NTP) to complete the work. These DOs will stipulate a not-to-exceed price and authorize work either at the FHWA

Central Federal Lands Highway Division (CFLHD) Equipment Depot and Laboratory buildings in

Lakewood, Colorado, at the FHWA Western Federal Lands Highway Division (WFLHD) Facilities in

Vancouver, Washington, or at a project location in the 19-State Region. The DO will authorize the

Contractor to travel to the work location.

Travel rates will start when Contractor leaves the home office and will end when he or she arrives on the work site or hotel room when work is to begin the next day. Travel time will be billed at the travel hourly rate provided below. Work on site will be billed at the inspection and calibration rate provided below. Return travel will start upon completion of the inspection and calibration services and will end upon return to Contractor’s home office or residence.

Contractor will submit a brief trip report of travel costs attached to each DO invoice (See Appendix D).

Travel costs will be itemized as to time of departure and return to Contractor’s home office. Invoices will include receipts for air travel, rental car, fuel, lodging and any other miscellaneous expenses. Per Diem costs are based on a flat rate per day depending on location of travel.

Travel costs will be reimbursed in accordance with Government travel regulations, procedures, and rates.

Consult the GSA.gov website for applicable Per Diem rates by location for the current year. See Section

C, Contract Work Performance, Item 1.

The BPA is for a period of one year with four one-year Option periods. The Inspection and Travel Rates provided below shall be escalated for any Option periods exercised based on the negotiated rate agreed to by both parties at time of award.

Section B – Services and prices/costs

RETRUN WITH QUOTE

Laboratory Equipment Inspection& Calibration Description Hourly Rate

Inspection & Calibration at CFLHD Denver Federal Center Lab $

Inspection & Calibration at CFLHD Depot $

Inspection & Calibration at WFLHD Facility $

Inspection & Calibration at Field Locations $

Travel – CFLHD, WFLHD, & Field Locations $

The prices set forth in this BPA and charged to the Government shall be as low or lower than those for comparable quantities under similar terms and conditions and shall include any discounts for prompt payment. If at any time prices in other Government contracting vehicles become lower than the prices set forth in this BPA, this BPA shall be modified to include the lower prices.

ESCALATION

Rates above will include an employment cost of living increase of 1.0% for each option year that is exercised under this BPA effective the first day of each option year period. The following chart establishes rate increases:

Laboratory Equipment Inspection &

Calibration Description

Option Year

Jan. 1, 2021

Option Year

2 Jan. 1, 2022

Option Year

3 Jan. 1, 2023

Option Year 4

Jan. 1, 2024

Inspection & Calibration at CFLHD Lab

Inspection & Calibration at CFLHD Depot

Inspection & Calibration at WFLHD Facility

Inspection & Calibration at Field Locations

Travel – CFLHD, WFLHD, & Field Locations

Section C - Description/Specifications/Statement of Work

C. PURPOSE: The agreement is for inspection services for equipment used for testing highway construction materials (i.e. soils, aggregates, asphalt, concrete); checking, standardizing, calibrating and/or verifying equipment used in mobile laboratories (trailers), in Central Federal Lands (CFLHD’s)

Depot and Laboratory in Lakewood, Colorado, and in

Westerns Federal Lands (WFLHD’s) Facility in Vancouver, Washington. The equipment is owned by the

United States Department of Transportation (DOT), FHWA, CFLHD-WFLHD.

C.1 INSPECTION LOCATIONS: Inspection services required for equipment:

In mobile trailers located at project construction sites throughout 19 Western States including Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.

In stock at CFLHD Depot located at 12305 W. Dakota Avenue, Lakewood, CO.

at CFLHD Laboratory located at 1 Denver Federal Center, Bldg. 52, Lakewood. CO.

In stock at WFLHD Facility located at 610 East 5th Street, Vancouver, WA.

C.1.1 QUALIFICATIONS, INSPECTION MEASURING DEVICES AND PERSONNEL

The Contractor must have current A2LA accreditation to ISO/IEC 17025 from a National calibration agency. The accreditation scope must include specific qualifications related to equipment/parameters for calibration and dimensional testing with respect to the following areas:

Mechanical

Dimensional

Dimensional Testing

Thermodynamics

Time and Frequency

Fluid Quantities

C.1.2 The Contractor will provide its own specialized measuring devices (reference standards) for the inspection of Government equipment. These devices must be certifiably traceable to the National Institute of Standards and Technology (NIST) including Estimation of Uncertainty (EMU) at 95% confidence level.

An EMU is not required for the lab equipment being measured, only the reference standards being used.

The Contractor shall also have an Instron password for adjustments of Instron equipment.

C.1.2.1 The Contractor will provide personnel that are qualified to satisfactorily perform inspections of highway materials testing equipment and all components associated with the equipment (i.e. straight edges, weights, tamping rods, etc.). At all times during performance, the Contractor shall provide competent personnel who are satisfactory to the COR. The Government reserves the right to request removal or replacement of employees who fail to perform satisfactorily.

C.1.2.2 Copies of accreditations, inspection measuring device certifications, and personnel qualifications and associated certifications must be current and submitted to the COR for review and approval. Copies of these items may also be requested at any time after initiation of work in order to validate that they are current.

C.1.3 CALIBRATION WORK PERFORMED

The Contractor will perform the duties described within the terms and limitations of the BPA.

Inspection duties include and must be in accordance with the following:

C.1.3.1 Inspections will be performed on equipment that is currently used in approximately 22 mobile testing trailers. The Contractor will conduct site visits to perform inspection services. Site visits will be scheduled by the issuance of a DO signed by the CO within the terms of this agreement.

Contractor will be contacted by the COR to submit a price proposal for each site visit specified in the

SOW generally one (1) week in advance of the scheduled visit. The number of hours plus travel will be agreed to in advance of any site visit and the DO will be issued on the basis of a not to exceed price.

C.1.3.2 The COR will schedule one of two types of site visits; either a standard site visits or an emergency site visit. For a standard site visit, the Contractor is expected to be on-site within one week’s notice. For an emergency site visit, the Contractor is expected to be on site within one day’s notice. Multiple site visits may be required each year; however, they will be scheduled to optimize the largest amount of equipment inspections possible per visit.

C.1.3.3 The COR will indicate the specific site location where equipment is to be inspected.

Equipment that is in need of inspection may be fixed in trailers, in stock at the CFLHD Depot or

WFLHD Facility on a standby basis for dedication to a trailer prior to shipment, or fixed in the

CFLHD Laboratory. Trailers may be on standby at the CFLHD Depot or WFLHD Facility or at project construction sites where they are used for materials testing.

C.1.3.4Travel costs will be reimbursed in accordance with Government travel regulations, procedures, and rates. The Contractor must submit an itemized invoice to the COR, including receipts for travel and lodging expenses, Per Diem for meals and other miscellaneous expenses, and a trip report documenting inspection and travel labor hours. Consult the GSA.gov website, http://www.gsa.gov/portal/category/100120, for applicable per diem rates by location for the current year.

C.1.3.5 Costs pertaining to the transport of Contractor’s calibration tools to and from the project are reimbursable with a receipt.

C.1.3.6 The inventories of the equipment to be inspected and calibrated in the typical CFLHD and

WFLHD lab trailers are;

C.1.3.7 Some equipment not listed in these inventories, such as concrete compression machines, are provided on an as-needed basis to trailers or as stand-alone units that are shipped to project sites. A list of this equipment is provided in Appendix C.

C.1.3.8 All equipment inspections must be performed in accordance with the procedures and specifications of the following:

American Association of State Highway and Transportation Officials (AASHTO)

American Society of Testing and Materials (ASTM)

Specific manufacturers or as stipulated by the COR http://www.gsa.gov/portal/category/100120

Inspection of equipment will be in accordance with the most current versions of AASHTO R 18, “Standard Recommended Practice for Establishing and Implementing a Quality Management System for Construction Materials Testing Laboratories,” and AASHTO R 61, “Standard Practice for

Equipment Calibrations, Standardizations and Checks.”

C.1.4 Specific equipment inspection must be in accordance with the following:

General Purpose Oven(s) – Inspection and calibration shall be at fixed temperature points or over its full range of use. Fixed temperature points of inspection shall be at the constant temperature settings at which the oven is used. A calibrated electronic thermometer probe or total submersion thermometer shall be used. The total time of inspection for each temperature point requires monitoring temperatures approximately every half hour until three stable readings are taken. The oven temperature shall be continuously monitored and the corresponding high and low temperatures recorded.

Ignition Furnace – AASHTO T 308

Balances – AASHTO M 231

General Calibration Weights – AASHTO M 231

Temperature Measuring Devices including Liquid in Glass – ASTM E 77

Electronic/Mechanical Timers for Sieve Shakers – Certified timing device will be used to verify the performance of the timing unit. The respective certified reading will be recorded for a fixed-time of ten minutes.

Straight Edge – AASHTO T 99/T 180

Liquid Limit Device and Grooving Tool – AASHTO T 89

Moisture-Density Rammers and Molds and Mechanical Compactor for Moisture-Density –

AASHTO T 99 / T 180.

Volume of Concrete Air Meter Vessel – AASHTO T 19

Concrete Air Meter, Type A (Protex) or Type B (Forney/Watts) – AASHTO T 152

Concrete Slump Cone and Rod – AASHTO T 119

Gyratory Compactor and Molds – AASHTO T 312

Internal Angle of Gyration Using Simulated Loading – AASHTO T 344

Rice Vacuum System – AASHTO T 209

Concrete Cylinder Compression Machine – ASTM C 39

Concrete Curing Tanks – ASTM C 511

CoreLok Automatic Vacuum Sealing Method (Gmb) – AASHTO T 331

Universal and Compression Testing Machines – ASTM E4-16

Specific Gravity Basket – AASHTO T 85

Unit Weight Bucket – ASTM C 29

Sieves – ASTM E 11

San Equivalent Shaker – AASHTO T 210

Marshall Molds – AASHTO T 245

C.1.4.1 When equipment is found to be out-of-tolerance; it should be adjusted by the Contractor to revert back into tolerance. Equipment that is found to be deficient (e.g. does not fall within specification limitations) must be marked for removal from service until it is repaired or replaced and shown by inspection or test to perform as required. Each piece of equipment on which work was performed must be tagged and labeled. Contractor-furnished tags must include the calibration technician name, calibration status, and the date calibrated (do not write a calibration due date on tag).

C.1.4.2 The Contractor may be required to make repairs in order for CFLHD work to continue in a timely manner, especially at project construction sites. As such, the Contractor must have ready-access to repair parts for the field trailer equipment detailed in Appendices A, B and C in order to avoid delays related to parts availability and purchasing; particularly, when called upon to perform an emergency site visit. The

Contractor must also be capable of conducting simultaneous emergency site visits.

C.1.4.3 All repairs must be directed and approved by the CO prior to the work being done. Repairs may be required at the CFLHD Depot, CFLHD Laboratory, WFLHD Facility, or at a specific construction site located in the 19-State Region. The Contractor will be reimbursed for reasonable repair expenses; however, itemized invoices must be submitted to the COR for approval.

C.1.4.4 An Inspection Report and Trip Report (Adobe .pdf format) must be emailed to the COR within 1 week following completion of inspection. An inspection report to be provided for each piece of equipment or item inspected/repaired. The forms should contain pertinent data supporting inspection compliance. If adjustments are made, the data - both before and after adjustments - should be included. Equipment deficiencies, corrections, repairs and other notations should also be indicated as appropriate. All inspection reports will state the name and serial number of both the Government equipment inspected, as well as, the specific inspection measuring device utilized by the Contractor for the inspection. Incomplete inspection reports will not be accepted. The trip report to detail the dates and times of travel and inspection services, as well as, any Government equipment that was non-operational and unrepairable at the conclusion of the inspection.

C.2 PROSECUTION OF THE WORK

C.2.1 Prior to the initiation of work, the Contractor will provide submittals to the COR for review and approval. These submittals will include Contractor accreditations, inspection and measuring device certifications traceable to NIST, personnel qualifications and certifications, and inspection report forms.

Similar submittals may also be requested by the COR at any time after initiation of work in order to validate that they are current.

C.2.2 The COR will contact the Contractor to schedule all site visits for inspection services. The COR will schedule one of two types of site visits; either a standard site visit or an emergency site visit. For a standard site visit, the Contractor will be expected to be on-site within one week’s notice. For an emergency site visit, the Contractor will be expected to be on site within one day’s notice. The COR will indicate the specific site location, as well as, the equipment that requires inspection. Site visits will be authorized by the issuance of a DO in accordance with the Ordering Clause contained herein.

C.2.3 The Contractor will perform inspection services on site on equipment identified by the COR. When equipment is found to be out-of-tolerance, it should be adjusted by the Contractor to bring it back into tolerance. If equipment repairs are needed for equipment to be properly calibrated, they must be pre-approved by the CO. Upon completion of a site visit, each piece of equipment on which work was performed must be properly tagged and labeled by the Contractor.

C.2.4 The Contractor must submit a draft itemized invoice, inspection reports, trip report, and receipts for inspection services and equipment repairs, including travel expenses, to the COR for review and approval prior submitting the final invoice for processing.

C.3 PROFESSIONAL STAFFING

C.3 The Contractor will provide a Project Manager to oversee the contract and contractor personnel. If it becomes necessary to replace contractor personnel during the performance of the contract, new personnel qualifications and associated certifications must be submitted and approved by the COR. Project

Management as well as Administrative Support hours will not be directly billable to this contract, but will only be reimbursed through the Hourly Rate for Inspection and Calibration included in Section B of the agreement.

C.3.1 CONTRACT MANAGEMENT/SUPERVISION

Individuals Authorized to Place Delivery Orders and Dollar Limitations

C.3.1.1 The CO or designated appointee shall issue DOs on all service requirements with in their authority. No oral statement of any person, including the COR and PE, and no written statement of any person other than the CO will modify the terms of the BPA.

C.3.1.2 COR/ACOR will be designated with the issuance of the first DO. The Contractor will be given a copy of the designation memorandum along with a statement of the COR’s authority. The CO will notify the Contractor in writing of any changes in COR designation.

C.3.1.3 The designated COR will have the responsibility to prepare Statements of Work (SOWs) and the authority to deliver SOWs directly to one or more Contractors. Once work order pricing is agreed upon, the CO will issue a formal DO.

C.4 Technical Responsibilities of the CORs

C.4.1 CORs will be appointed by the CO. Performance of work under this agreement shall be subject to the technical direction of the COR as follows:

Reviewing and approving Contractor submittals pertaining to accreditation, traceable inspection and measuring devices, personnel qualifications, and inspection reports

Scheduling multiple site visits for inspection/calibration services

Detailing each site visit location and equipment to be inspected/calibrated

Recommending emergency repairs to the CO

Reviewing and approving equipment tagging and inspection reports

Reviewing and approving Contractor invoices and trip reports for inspection and calibration services, equipment repairs, and travel expenditures for payment.

C.4.2 Contractor’s Project Manager: Upon issuance of the BPA, the Contractor shall provide the CO with the name of the person designated as its Project Manager. The Project Manager shall exercise overall management responsibility for the contract effort, receive technical clarification, and handle problems arising under the contract, such as dismissals and disciplinary matters. The Project Manager shall be responsible for coordinating matters of mutual concern with the CORs.

C.4.3 Supervision of Contractor Employees: This agreement shall not be used to provide personal services. The Government’s contract administration and monitoring shall not be so detailed or continual as to constitute supervision of contractor personnel. Government personnel shall not perform any supervisory functions for contractor personnel such as appraising individual performance, scheduling of leave, or directing overall work performance. These are the Contractor’s responsibilities.

C.4.3.1 The Contractor is responsible for general supervision of its personnel as well as the quantity, quality and timeliness of work, attendance, and overall performance. The Contractor also ensures that inspection and trip reports are submitted timely and that invoicing properly documents all elements as required within this agreement.

C.4.3.2 Personnel assigned under this BPA shall at all times be employees of the Contractor and under the direction and control of the Contractor. The Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required. If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed, it shall be requested in writing addressed to the COR.

Contractor personnel shall not at any time during the contract period be employees of the Government.

Inspection and Acceptance

All work shall be 100% inspected and accepted by the CORs designated herein.

F – Contract Administration

F.1 DELIVERY/PERFORMANCE

Delivery and/or performance under this BPA will be based on the issuance by the CO of a DO for inspection and calibration of particular equipment. No work shall be performed by the Contractor until receipt of a specific DO. The DO will delineate tasks to be performed and the period of performance

(POP).

The Base POP for this BPA shall begin January 1, 2020 and continue provided each Option Year is exercised, as set forth below:

Base Year April 1, 2020 to March 31, 2020

Option Year 1 April 1, 2021 to March 31, 2021

Option Year 2 April 1, 2022 to March 31, 2022

Option Year 3 April 1, 2023 to March 31, 2023

Option Year 4 April 1, 2024 to March 31, 2024

F.2 PLACE OF PERFORMANCE

Services will be performed throughout the 19-State Region and at the CFLHD Equipment Depot

(Lakewood, CO), CFLHD Laboratory (Lakewood, CO), or WFLHD Facility (Vancouver, WA).

SERVICE CONTRACT ACT

Wage Determination No.: 2015-5420 Revision No.: 14 Date: 12/23/2019 is also hereby incorporated into this agreement.

F.3 ISSUANCE OF DELIVERY ORDERS

Under this BPA, as work requirements materialize, within the POP and within the funds allotted, the CO will direct the Contractor to perform work as generally described in Section C. The CO will issue such directions to the Contractor in the form of a DO.

Prior to issuance of any DO, the COR will discuss with the Contractor the work to be performed, the schedule of delivery and will negotiate the estimated cost. The estimated number of hours plus travel will be agreed to in advance of any site visit and the DO will be issued on the basis of a not to exceed price.

Except as specifically provided herein, the Government makes no representation as to the number of orders or actual amount of work which will be assigned. The Contractor shall not perform any work nor incur any cost until receipt of a specific order signed by the CO.

RESPONSIBILITY FOR CONTRACT ADMINISTRATION

The CO has the overall responsibility for this BPA. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules.

However, the CO may delegate other responsibilities to a COR.

The responsibilities of the COR include but are not limited to:

inspecting and monitoring the Contractor's work;

determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract and any order;

acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements insofar as the work is concerned and advising the CO of any factors which may cause delay in performance of the work.

The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of an order issued hereunder without the COs written concurrence or otherwise affect any other contract terms without the COs consent.

The mailing addresses for the CO and CORs are:

Federal Highway Administration Federal Highway Administration

Central Federal Lands Division Western Federal Lands Division

12300 West Dakota Avenue, Suite 167 610 East 5th Street

Lakewood, Colorado 80228 Vancouver, Washington 98661

STANDARDS OF CONDUCT

At all times during performance, the Contractor shall provide competent personnel who are satisfactory to the CO/COR. The Government reserves the right to request removal or replacement of employees who fail to perform satisfactorily.

If any work under this BPA gives contractor personnel access to confidential or proprietary business, technical, or financial information belonging to the Government or to other private parties which the Government is associated with, the Contractor and its employees shall treat such information as confidential. The Contractor and its employees shall not appropriate such information for its own use or disclose such information to third parties unless specifically authorized by the CO in writing.

COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 –

GOVERNMENT OWNED FACILITIES/EQUIPMENT

Performance of work shall comply with the provisions of the Occupational Health and Safety Act of 1970, as amended (OSHA). If, at any time during the performance of this agreement, the

Government-furnished facilities and/or equipment do not conform to OSHA standards, the

Contractor shall notify the COR, in writing, including a recommendation for corrective actions.

LIABILITY INSURANCE

The Contractor shall indemnify and hold harmless the Government, its officers, and employees from and against all claims, demands, suits, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work under this agreement, provided that any such claim, damage, loss or expense is attributable to bodily injury or death, or to injury to person(s) or destruction of tangible property which is caused in whole or part by the negligence of the Contractor, its officers, or employees, or in the negligent breach of any of its obligations under this agreement. Nothing herein, however, shall require the

Contractor to indemnify or hold harmless the Government from any such claims, damages, losses, or expenses based solely upon the action or omission of the Government, except to the extent such claims, damages, losses are caused by the concurrent negligence of the Contractor and the Government to the extent of the Contractor’s share of such concurrent negligence.

The Contractor shall obtain and keep in force, during the term of this BPA or otherwise as required, the following minimum insurance:

Workers compensation and employer’s liability - $100,000

General liability - $500,000 per occurrence

Automobile liability -

$200,000 per person

$500,000 per occurrence for bodily injury

$200,000 for property damage

Under the Federal Driver’s Act, Contractor personnel are not covered by Government insurance;

therefore, Contractor personnel shall be covered by the Contractor’s insurance. The Contractor shall provide to the CO copies of insurance papers upon receipt of the contract award and prior to commencing any work on the contract. The Contractor’s employees shall provide commercial, personal or Contractor-owned vehicles when on official duty.

INVOICING AND PAYMENT

Requests for payment shall be made on the basis of an itemized invoice submitted for completed work in accordance with rates established in Section B of the BPA and the terms of any DOs issued. Invoices shall include a description of the work, personnel involved, authorized inspection, calibration, repair, and total costs including travel. Itemized receipts and a trip report shall support travel expenses. Associated inspection reports shall accompany all invoices for individual orders.

FHWA invoices are processed by the Federal Aviation Administration in Oklahoma City.

Before payments can be processed, at minimum, a properly submitted invoice shall contain the following information:

1. Vendor Name and Address as it appears in Block 17a of the Standard Form (SF) 1449

2. BPA Number (i.e., 69852AF-20-A-0000##)

3. Delivery Order Number (i.e., 69852AF-20-A-0000##)

4. Date(s) of Individual Delivery Order; include duration or period of work performance

5. Quantity, unit price, and extension of each item less any applicable discounts

Invoices shall be submitted for all DOs made during a billing period in one of two methods as follows:

1. U.S. Mail, FedEx, UPS etc.) – Physical Address

Central Federal Lands, A/P Branch, AMZ-150

PO Box 268865

6500 S. MacArthur Blvd., Oklahoma City, OK 73169

2. E-mail Instructions – Invoices must be in adobe.pdf format to submit by e-mail.

Address to: 9-AMC-AMZ-CFLInvoices@faa.gov * mailto:9-AMC-AMZ-CFLInvoices@faa.gov

Subject line must contain: BPA and Call Order Number, Invoice Number and Net Terms

(Example: 69852AF-20-A-0000##) Call Order No. ## Invoice No. ### Prompt Net 30)

*Note: The FAA handles all FHWA payments.

Payments will be made by Electronic Fund Transfer (EFT) sent directly to the Contractor’s financial institution in accordance with FAR Contract Clause 52.232-25, Prompt Payment, and

FAR Contract Clause 52.232-1, Payments.

If necessary, forms to initiate the EFT process will be provided at time of award (see FAR

52.232-33 for CCR requirement).

For payment inquiries, contact the CO/COR for the DO.

SECTION I - CONTRACT 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/browse/index/far or https://www.gsa.gov/policy-regulations/regulations/federal-acquisition-regulation-far

(End of clause)

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

https://www.acquisition.gov/browse/index/far https://www.gsa.gov/policy-regulations/regulations/federal-acquisition-regulation-far https://www.gsa.gov/policy-regulations/regulations/federal-acquisition-regulation-far

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.204-6 Data Universal Numbering System (DUNS) Number (JUN 1999)

52.204-7 System for Award Management (Jul 2013)

52.204-9 Personal Identity Verification of Contractor Personnel. (SEP 2007)

52.212-4 Contract Terms and Conditions - Commercial Items (Sep 2013)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items. (Nov 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul

2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May

2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X__ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

_X__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657f).

_X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Nov 2013)

(E.O. 13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X__ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal

Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011).

_X__ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov

2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

_X__ (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (52) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment

(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment

(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X__(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)

(Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)

(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.215-2 Audit and Records - Negotiation. (MAR 2009)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.216-18 – Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 1, 2020 through March 31, 2021.

Option Year 1, if exercised, will be issued April 1, 2021 through March 31, 2022

Option Year 2, if exercised, will be issued April 1, 2022 through March 31, 2023

Option Year 3, if exercised, will be issued April 1, 2023 through March 31, 2024

Option Year 4, if exercised, will be issued April 1, 2024 through March 31, 2025

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 -- Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order.

(1) No individual call under this agreement shall exceed $50,000.00.

(2) The maximum ordering limit for the life of the BPA shall not exceed $250,000.00.

(c) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the

Contractor’s intent not to provide the service(s) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 -- Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order…