6982AF23R000006 CA MATOC Volume I.pdf

MULTIPLE AWARD TASK ORDER CONTRACT

REQUEST FOR PROPOSALS-

VOLUME I

Solicitation Number: 6982AF23R000006

LOWEST PRICE TECHNICALLY ACCEPTABLE

This solicitation cites

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP, U.S. Customary Units

U.S. Department of Transportation Federal Highway Administration

Central Federal Lands Highway Division 12300 West Dakota Avenue, Suite 360

Lakewood, CO 80228 Website: http://www.SAM.gov Email: CFLContracts@dot.gov

California Road & Bridge Construction

TABLE OF CONTENTS

Notice to Offerors ............................................................................................................ A-i

SF-1442 Solicitation, Offer, and Award ......................................................................... A-1

Schedule of Items ........................................................................................................... A-4

Description/Specifications/Statement of Work .............................................................. A-5

Instructions to Offerors ................................................................................................... A-9

Evaluation Factors ........................................................................................................ A-11

Bidders Information .........................................................................................................B-1

Solicitation Provisions .....................................................................................................B-5

Contract Clauses ..............................................................................................................C-1

ATTACHMENT

Task Order CA ERFO FS ELDOR 2021-02(4) Alder Creek Bridge ................... Volume II

Task Order CA ERFO FS SEQUI 2021-02(2), Powderhorn Bridge ................... Volume III

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NOTICE TO OFFERORS

ELECTRONIC PROPOSALS WILL BE ACCEPTED WITH EXCEPTION TO THE

BID BOND. SUBMIT AN ELECTRONIC COPY OF YOUR PROPOSAL TO

CFLcontracts@dot.gov. ORIGINAL BID BONDS MUST BE RECEIVED AT THE

OFFICE LOCATION DESIGNATED IN BOX 7 OF THE SF-1442 PRIOR TO THE DUE

DATE.

It is the responsibility of the offeror to verify that this proposal booklet is complete as listed in the table of contents. Also, the offeror is responsible for submitting all required forms and documents with the bid.

Applicable FAR provisions and clauses in this RFP are incorporated by reference or full text.

FAR provisions and clauses incorporated by reference can be accessed on the Internet at https://www.acquisition.gov/far/. Offerors are strongly encouraged to review the provisions and clauses referenced in this document before submitting a proposal.

Notice of SAM Registration – you must be registered in the System for Award Management (SAM) prior to submission of a bid in response to this solicitation. Failure to register prior to submission of a bid may require award to the next successful registered offeror. See FAR Subpart 4.1102. Register online at www.sam.gov.

Volume I, MATOC (Technical Proposal):

SF 1442

Offeror's Bidder's Information Authority to Bind certificate

Volume II, Task Order CA ERFO FS ELDOR 2021-02(4) Alder Creek Bridge:

SF 1442

Bid Schedule Original Bid Bond

Volume III, Task Order CA ERFO FS SEQUI 2021-02(2), Powderhorn Bridge:

SF 1442

Bid Schedule Original Bid Bond

I. PRE-PROPOSAL INFORMATION

jorey.deml Sticky Note Completed set by jorey.deml jorey.deml Sticky Note Completed set by jorey.deml jorey.deml Sticky Note Completed set by jorey.deml jorey.deml Sticky Note Completed set by jorey.deml

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

6982AF23R000006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

09/05/2023

PAGE OF

PAGES

IMPORTANT - THE "OFFER SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.

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

CALIFORNIA ROAD CONSTRUCTION

7. ISSUED BY:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

12300 WEST DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CODE: 69050001 8. ADDRESS OFFER TO:

Jorey Deml, Contract Specialist Federal Highway Administration Central Federal Lands Division Office 12300 W. Dakota Avenue Lakewood, CO 80228

9. FOR INFORMATION CALL

SEE PAGE A-3

A. NAME:

SEE PAGE A-3

B. TELEPHONE NO. (Include area code)

SEE PAGE A-3

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

Indefinite Delivery/Indefinite Quantity Multiple-Award Task Order Contract (MATOC) for California Road Construction.

MATOC contracts will be for a 1-year base and two 2-year option periods. Individual projects will be issued as Task Orders. The

Government anticipates individual Task Orders ranging from $500,000 to $5,000,000. Each minimum guarantee will be for $10,000.00 and the maximum value of the MATOC will not exceed $60,000,000.00 shared capacity.

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award notice to proceed. The performance period is mandatory negotiable. *Refer to Subsection 108.01 as amended in the Special Contract Requirements.

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

(If "YES," indicate within how many calendar days after award in Item 12B.) YES NO

12B. CALENDAR DAYS

Required on a Task

Order basis

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8. by 2:00 p.m. (hour) local time on 10/05/23 (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.

B. An offer guarantee is is not required for MATOC base contract. (Required for Task Order awards)

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.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA

FAR (48 CFR) 53.236-1(d)

X

X

X

X

X

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AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

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Item 9: FOR GENERAL INFORMATION: E-mail us at CFLcontracts@dot.gov FOR TECHNICAL INFORMATION (plans and specifications):

Questions must be submitted in writing by e-mail at CFLcontracts@dot.gov

Item 11: COMPLETION DATE: Work shall be completed on or before the date specified in Subsection 108.01 of the SCRs.

Item 12A: PERFORMANCE AND PAYMENT BONDS: See FAR Clause 52.228-15 Performance and Payment Bonds-Construction (Clauses begin on page C-1) and Subsection 102.06 of the FP.

Item 19: ACKNOWLEDGMENT OF AMENDMENTS: FAILURE TO

ACKNOWLEDGE AMENDMENTS, IN ITEM 19 OF THE SF-1442, BY THE

DESIGNATED DATE AND HOUR SPECIFIED IN THE SOLICITATION

MAY RESULT IN REJECTION OF YOUR BID. If amendments are issued, they will be emailed.

Item 24: SUBMITTING INVOICES: See Subsection 109.08 Progress Payments of the FP.

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 2 P.M. ON September 26, 2023.

Questions can be submitted to CFLcontracts@dot.gov. Questions and answers will be posted on SAM.gov.

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SCHEDULE OF ITEMS

BASE PERIOD Item 0001 (12 months from date of contract award)

Task Orders may require a variety of elements necessary for bridge and road construction such as, but not limited to, earthwork, soil stabilization, structures, bridges, walls, drainage, surfacing, culverts, and parking lots. Projects may be in environmentally sensitive areas that necessitate context-sensitive construction techniques and processes.

1st OPTION PERIOD Item 0002 (24 months from date of contract award)

Task Orders may require a variety of elements necessary for bridge and road construction such as, but not limited to, earthwork, soil stabilization, structures, bridges, walls, drainage, surfacing, culverts, and parking lots. Projects may be in environmentally sensitive areas that necessitate context-sensitive construction techniques and processes.

2nd OPTION PERIOD Item 0003 (24 months from end of 1st option period)

Task Orders may require a variety of elements necessary for bridge and road construction such as, but not limited to, earthwork, soil stabilization, structures, bridges, walls, drainage, surfacing, culverts, and parking lots. Projects may be in environmentally sensitive areas that necessitate context-sensitive construction techniques and processes.

Offerors must submit a price for the first two (2) Task Orders, Alder Creek Bridge (Volume II) and Powderhorn Bridge (Volume III), which are being issued simultaneously with this MATOC Request for Proposal. The Government intends to award Alder Creek Bridge Task Order and Powderhorn Bridge Task Order to the successful MATOC Offeror with the lowest individual Task Order price.

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DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. STATEMENT OF NEED

The purpose of this Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple-Award Task Order Contract (MATOC) is to provide rapid response road construction for work in the state of California.

Projects will primarily involve improvements to low-volume and low-speed roadways ranging from 3R (resurfacing, restoration, and rehabilitation) to full reconstruction. Projects may include, but are not limited to the following: earthwork, soil stabilization, structures, bridges, walls, drainage, surfacing, culverts, and parking lots. Projects may be located in environmentally sensitive areas that necessitate context-sensitive construction techniques and processes.

The work will involve a variety of partners including but not limited to the National Park Service (NPS), Fish and Wildlife Service (FWS), United States Forest Service (USFS), Bureau of Land Management (BLM), States, and local municipal agencies. Funding sources will include but not limited to the Federal Lands Access Program (FLAP), Federal Lands Transportation Program - (FLTP) and Emergency Relief Federal Owned Roads (ERFO).

It is currently estimated that the maximum value of the MATOC will not exceed a shared $60,000,000 capacity. It is anticipated that the average construction task order under the MATOC will be below $5,000,000. The predominant geographic area is the state of California.

2. SPECIFICATIONS

It is anticipated that the majority of work will generally incorporate the specifications of the American Association of State Highway Transportation Officials (AASHTO), and specifications based on the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP in U.S. Customary Units). The following web sites contain information that 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) are issued primarily for constructing roads and bridges on Federal Highway projects under the direct administration of the Federal Highway Administration.

https://highways.dot.gov/federal-lands/specs

3. ORDERING PROCEDURES FOR TASK ORDERS

Primarily 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.)

(a) Task Order Synopsis. When the Government requires work under the MATOC and time allows, a Task Order synopsis will be issued to the MATOC contractors. The synopsis will provide a brief description of the project and the anticipated

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(b) Construction Task Orders: When the Government requires work under the MATOC, a Task Order (TO) -RFP will be issued. The TO will include information concerning the project such as contract requirements, physical data, drawings, site visit details, evaluation criteria, and submission requirements (may include bid schedule, proposal requirements, etc).

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

2) Proposal Contents. Depending upon the requirements of each TO, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Contractors shall respond within the number of calendar days stated in the TO by submitting a proposal to the Contracting Officer in accordance with the specific requirements of the TO.

3) Contract Prices-Bid Schedules. The Government's payment for the items listed in the Bid Schedule of individual Task Orders shall constitute full compensation to the Contractor for-(1) Furnishing all labor, equipment, services, and materials; and (2) Performing all operations required to complete the work in conformity with the Task Order. The Contractor shall include in the prices for the items listed in the Bid Schedule all costs for work in the scope of work, whether or not specifically listed in the Bid Schedule.

4) Competing for a Task Order. All MATOC Contract holders will be given the opportunity to compete on all Task Orders, unless the Contracting Officer determines past performance makes the Contractor ineligible, or a sole source action is justified (see Section 4 below). In determining eligibility to compete, the Contracting Officer will consider such factors as performance on Task Orders under the MATOC contract, quality, timeliness, special expertise or other factors the Contracting Officer determines are relevant to the award of a particular Task Order. Failure to prosecute the work diligently on Task Orders may be cause for the Contracting Officer to determine a Contractor ineligible to compete on a future TO.

5) Declining a Task Order. Contractors are expected to submit a proposal for each task order. Failure to propose on a Task Order can result in negative past performance, as competing on all Task Orders is important to maintaining the competitive environment of the MATOC.

6) Award Decision. For the MATOC (Technical Proposal) RFP and TO-RFP's, whenever possible, award will be made without discussions. All Task Orders will be firm fixed-price with a specific completion date or performance period.

The Government reserves the right to reject all offers.

7) Task Order Format. The Task Order advertisement and award documents will contain task order-specific clauses and provisions.

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

(d) Insurance. Appropriate proof of insurance, in accordance with FP-14 107.05, must be in place before work commences on any task order.

(e) Performance/Payment Bonds. The Contractor shall submit Performance and Payment Bond documents on a Task Order basis. The Contractor shall 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 rejected for corrections.

4. ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

(a) The Contracting Officer reserves the right to award a Task Order without competition based on a determination that:

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

2) Only one awardee 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

3) 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

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

(b) Subcontractor costs under sole source Task Orders must show adequate competition.

Adequate competition may normally be assumed when there are at least three independent subcontractor/supplier quotes. In extenuating circumstances the Contracting Officer may accept two quotes, upon request of the Contractor prior to submission of the proposal.

(c) If needed to determine price reasonableness, the Contractor shall provide copies of their bid worksheets that list the bid item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes and the prime contractor's profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the Government to be able to discern the scope of the services and materials included in the price.

All prices must be fair and reasonable.

5. PERFORMANCE EVALUATIONS

At the conclusion of each Task Order Government will complete a Contractor's performance evaluation in Contractor Performance Assessment Reporting System (CPARS).

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6. GENERAL CONTRACT REQUIREMENTS

(a) Additional MATOC Awards. The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and 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.

(b) The Government reserves the right to issue solicitations to the open market.

7. WAGE RATES

Davis-Bacon Wage Rates are applicable to construction Task Orders awarded under this contract.

By submitting an offer, the Contractor agrees to comply with the current applicable Davis-Bacon Wage Determinations. The current Davis-Bacon Wage Determinations will be issued with each Task Order.

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INSTRUCTIONS TO OFFERORS

GENERAL

By submission of its offer in accordance with the instructions provided in this Section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto.

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. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

TYPE OF CONTRACT

The Government contemplates award of up to eight IDIQ Contracts. It is currently estimated that the maximum value of the MATOC will not exceed a shared $60,000,000 capacity. It is anticipated that the average construction task order under the MATOC will be below $5,000,000. Contractors will also be required to propose on a required number of Task Orders to be eligible for their minimum guarantee. Each minimum guarantee will be for $10,000.

SUBMISSION OF OFFERS:

Each offeror shall submit an offer that fully addresses the evaluation criteria contained in this solicitation and complies with the preparation and submission instructions contained in this Section.

Offerors should carefully review this section and its relationship to the evaluation criteria prior to commencing proposal preparation. This solicitation does not commit the Government to pay any costs incurred for preparation of proposals.

The offer shall consist of three separate volumes:

1. Volume I - MATOC (Technical Proposal)

2. Volume II – Task Order Proposal CA ERFO FS ELDOR 2021-02(4), Alder Creek

Bridge

3. Volume III - Task Order CA ERFO FS SEQUI 2021-02(2), Powderhorn Bridge

Contents of each proposal are set forth below. The proposal must clearly identify the solicitation number and the date and local time specified in the solicitation for receipt of proposals. Proposals should be submitted electronically (with exception to the bid bond) to the following email address:

CFLcontracts@dot.gov. An original hard copy of the bid bond must be submitted by the proposal due date listed on page A-2, Box 13.

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VOLUME I, MATOC (TECHNICAL) PROPOSAL: This portion of the solicitation will consist of the base IDIQ contract requirements and the technical information offerors are required to submit as identified in the Evaluation Factors section of this solicitation. Volume I proposals are limited to 20 single sided 8-1/2" x 11" pages using Times New Roman 11-point font. All pages must be numbered. Only pages numbered 1 through 20 will be considered during the evaluation process. The 20 page limit includes ALL of the submittals except as noted below. Do not include pre-printed material such as company brochures, capability statements, etc. You must also submit the following with your Volume I proposal (these pages DO NOT count against the 20 page limit):

• SF 1442

• Bidders Information

• Bonding Capacity (letter or other signed document from bonding agent)

• Authority to Bind Certificate

VOLUME II, PRICE PROPOSAL (Task Order Proposal CA ERFO FS ELDOR 2021-02(4), Alder Creek Bridge): Offerors must submit this section of the proposal simultaneously with the MATOC proposal. This volume will be used to evaluate the price component of the proposal and will result in award of the initial Task Order. Volume II proposal documents shall include:

• SF 1442

• Bid schedule

• Original Bid Bond

VOLUME III, PRICE PROPOSAL (Task Order Proposal CA ERFO FS SEQUI 2021-02(2), Powderhorn Bridge): Offerors must submit this section of the proposal simultaneously with the MATOC proposal. This volume will be used to evaluate the price component of the proposal and will result in award of the initial Task Order. Volume III proposal documents shall include:

• SF 1442

• Bid schedule

• Original Bid Bond

TECHNICAL EVALUATION FACTOR 1 – PROPOSED PRIME CONTRACTOR RECENT

AND RELEVANT EXPERIENCE

Projects submitted for this factor must meet the requirements defined below and the contractor must have been the prime contractor for the project.

Requirements

A brief narrative of Public Agency contracts, a minimum of four, as a prime contractor over the past six years that consist of road construction projects with the below Construction Elements in excess of $1 million in rural mountainous terrain or other environmentally and culturally historic sensitive areas similar to national parks or national forests. At least 30% of the work shall have been completed by the offeror as the prime contractor. Each individual project must include a minimum of five construction elements and two operational elements.

Construction Elements

(1) Roadway reconstruction, rehabilitation

(2) Bridge Construction

(3) Roadway excavation, rock embankment or embankment construction

(4) MSE Walls

(5) Reinforced Soil Slopes / Deep patches

(6) Culvert and drainage construction

(7) Asphalt Concrete Paving

(8) Roadway aggregate

(9) Trail Construction

(10) Clearing and grubbing

(11) Parking lot construction

Operational Elements

(1) Work in rural mountainous terrain or other environmentally and culturally historic sensitive areas similar to national parks or national forests

(2) Demonstrated ability to access project sites with unique mobilization challenges

(3) Performance within constricted work areas such as steep slopes or narrow roadway benches

(4) Performance that required traffic control management with delay restrictions

Evaluation Process

The Government will review the documents submitted to ensure the contractor meets the requirements listed above.

The Government may contact the contracting agency/private company to verify the submitted information. The Government will evaluate Factor 1 according to the following rating criteria.

Rating

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

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(1) Has four or more road construction projects of at least $1 million completed in the last 6 years and 30% of the work was performed by the Prime.

(2) Each of the projects contain at LEAST five of the Construction Elements; AND

(3) Each of the projects contain at LEAST two of the Operational Elements

TECHNICAL EVALUATION FACTOR 2 – BONDING CAPACITY

Requirements

Submit document from the contractor’s bonding company or surety identifying the contractor’s ability to obtain Bid, Performance, and Payment bonds. The document must meet the following requirements:

(1) Surety issuing bonds is an acceptable surety. (see https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm )

(2) Show a single contract bonding capacity of $5,000,000 or greater.

(3) Show an aggregate bonding capacity of $10,000,000 or greater.

Submittal

Letter or other signed written document from bonding company or surety stating the contractor’s current bonding limits.

Rating

Technically Acceptable

(1) Based on the Government’s review, the surety/bonding company is acceptable; AND

(2) Document indicates single contract bonding capacity meets or exceeds stated minimum;

AND

(3) Document indicates aggregate bonding capacity meets or exceeds stated minimum.

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TECHNICAL EVALUATION FACTOR 3 – PAST PERFORMANCE

Evaluation Process

Past performance will be evaluated utilizing data retrieved from the CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) and/or information received from other, non- federal agencies. Evaluation will be made on the following sub factors:

(1) Technical Quality of Product/Service;

(2) Schedule/Timeliness;

(3) Management or business relations; and

(4) Regulatory Compliance;

Only final past performance information submitted against projects under the Factor 1 criteria will be evaluated.

For projects submitted for the Factor 1 criteria if there is not past performance information available in CPARS, offerors shall submit copies of any completed past performance evaluations made available to them from the project owner. Include the name of the contracting agency/private sector company, the name of the primary person responsible for the contract, phone number, e-mail address, and address.

If past performance information is received on a project where a final rating in CPARS exists, the CPARS evaluation will serve as the official rating of record for evaluation purposes and the submitted past performance information will not be evaluated.

Rating

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

(1) Has no more than one Unsatisfactory or equivalent ratings assigned for sub factors 1-4 assigned to all evaluations reviewed.

(2) Has no more than two “Marginal” ratings assigned for sub factors 1-4 for any one project or evaluation.

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

Note:

A proposal will be deemed unacceptable if an unacceptable rating is received in any of the technical evaluation factors.

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

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)

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INSTRUCTIONS: When the offeror/principal is a limited liability corporation, 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)

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

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)

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

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)

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

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.

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FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

BIDDER’S INFORMATION

INSTRUCTIONS: Answer all questions on this form inserting "none" or "not applicable" where appropriate. If more space is required attach additional sheets. Return the signed, dated and completed form with the bid to the address shown in the invitation for bids on or before the time set for bid opening. The prospective bidder shall provide any additional information requested by the Government during evaluation of the bids.

If the prospective bidder is a joint venture or general partnership, a separate Bidder's Qualifications form shall be provided individually for each joint venture participant or partner.

1. Name and address of business:

Name Unique Entity ID (See FAR Provision 52.204-6) *

Street Employer ID Number (EIN)*

City State Zip Code

* Necessary for Government reporting purposes only.

County

Telephone Number (Include Area Code)

Fax Number (Include Area Code) E-mail address

2. a. Type of organization (check appropriate box):

If a Foreign entity:

Individual Non-profit organization Corporation

Partnership Joint Venture Registered in:

b. Size and type of Business Concern (check appropriate boxes):

Large Business Concern Small Disadvantaged Business Concern Emerging Small Business

Small Business Concern Women-Owned Small Business SBA 8(a) Certified

HUB Zone Business Concern Veteran Owned Business Concern Service-Disabled Veteran-Owned Business Concern

Individual Non-profit organization Corporation

Partnership Joint Venture Incorporated in:

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3. If a joint venture or general partnership:

a. Provide the name under which the project will be bid, the home office address, and name of the principal who will represent the company with regard to this project if different from "1." above.

Principal

Business Name

Street

City State Zip Code

b. Provide the name and home office addresses of each of the joint venture partners; indicate which partner is the sponsoring partner. Attach a separate sheet for additional partners.

Sponsoring Partner Other Partner

Street Street

City State Zip Code City State Zip Code

4. Date organization established: _______________________

5. Name of succeeded business, if any: _________________________________________________________

6. How many years have you been in business as:

a. General contractor years.

b. Subcontractor years.

7. a. Furnish the following information concerning the owner, partners, officers and directors:

Percent of Business Owned

Years of Business Experience

Name

Title

Contracting

Other

b. Attach resumes of these key personnel as well as the on-site project manager(s) and superintendent(s), and specifically identify the following:

- Present position, responsibility, and length of employment.

- Amount and type of construction experience.

- Amount and type of highway construction experience, including position, responsibility, and a brief project description of each period of employment.

- Formal education and training, professional or technical registrations or licenses.

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8. a. Contracts in force. (Attach additional sheets if necessary)

Project Name and Contract Numbers

Owner's Name, Address, and Contact Name, Email and

Telephone #

Scope of Work Performed

Contract Amount

Estimated

Completion Date

Name of Surety

b. Are there any unresolved claims or lawsuits associated with these projects? If so, state the amount in dispute, parties involved, nature and circumstances of the dispute, and status of the matter on a separate sheet.

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9. a. List up to five of the largest jobs you have completed in the last five years which are similar in project work scope to this project. (Attach additional sheets if necessary)

Project Name and Contract Numbers

Owner's Name, Address, Contact Name, Email and

Telephone # Scope of Work

Performed Original and Final Contract Amounts

Original and Final Completion Dates

Names of On-site Project Manager and Superintendent

Name of Surety

b. Are there any unresolved claims or lawsuits associated with these projects? If so, state the amount in dispute, parties involved, nature and circumstances of the dispute, and status of the matter on a separate sheet

B-4

Solicitation Provisions

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation. (JAN 2017)

52.204-7 System for Award Management. (OCT 2018)

52.204-8 Annual Representations and Certifications. (MAR 2023)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-17 Ownership or Control of Offeror (AUG 2020)

52.204-20 Predecessor or Offeror (AUG 2020)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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

52.209-5 Certification Regarding Responsibility Matters. (AUG 2020)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

52.209-13 Violation of Arms Control Treaties or Agreements – Certification (NOV 2021)

52.214-31 Facsimile Bids (DEC 1989)

52.214-34 Submission of Offers in the English Language. (APR 1991)

52.214-35 Submission of Offers in U.S. Currency. (APR 1991)

52.215-1 Instructions to Offerors – Competitive Acquisition (NOV 2021)

52.215-1 Instructions to Offerors – Competitive Acquisition (NOV 2021), Alternate I (OCT 1997)

52.215-5 Facsimile Proposals. (OCT 1997)

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52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. (NOV 2021)

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of an Indefinite Delivery – Indefinite Quantity contract resulting from this solicitation.

(End of provision)

52.217-4 Evaluation of Options Exercised at Time of Contract Award. (JUNE 1988)

The Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of provision)

52.217-5 Evaluation of Options (JUL 1990)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.222-5 Construction Wage Rate Requirements Secondary Site of the Work. (MAY 2014)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

To be determined by County and State – Task Order Specific

6.9%

B-6 geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade.

The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor; (2)

Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is County, State – Task Order Specific.

52.222-38 Compliance with Veterans' Employment Reporting Requirements. (FEB 2016)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation (DEC 2016)

52.225-10 Notice of Buy American Requirement—Construction Materials (MAY 2014)

52.225-12 Notice of Buy American Act Requirement—Construction Materials

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Under Trade Agreements. (MAY 2014) Alternate II (JUNE 2009)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. (AUG 2009)

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds -

(1) To unsuccessful bidders as soon as practicable after the opening of bids;

and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be twenty (20%) percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Mr. Joseph Wilson Contracting Officer Federal Highway Administration

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12300 West Dakota Avenue, Suite 360 Lakewood, Colorado 80228

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting: Task Order Specific.

52.236-28 Preparation of Proposals - Construction. (OCT 1997)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far

52.252-3 Alterations in Solicitation. (APR 1984)

Portions of this solicitation are altered as follows: NONE

Included FAR 52.211-6(e)

1252.239–92 Information and Communication Technology Accessibility Notice (NOV 2022)

B-9

C-1

Contract Clauses

52.202-1 Definitions. (JUN 2020)

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 (JUN 2020)

52.203-7 Anti-Kickback Procedures. (JUN 2020)

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)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

52.203-14 Display of Hotline Poster(s) (NOV 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

C-2

General Fraud https://www.oig.dot.gov/sites/default/files/files/OIG-generic-2.pdf

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Acquisitions Branch Chief and shall not be binding until so approved.

(End of Clause)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

C-3

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for…