B08_RFP_140L4324R0018_Baker_Fire_Crew_Quarters.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040649206

BLM OR-ST OFC PROC MGMT BR(OR952)

1220 SW 3rd Avenue, 12th Floor

PORTLAND OR 97204

LHA

Tiffany Eckert 5038086493

1x 07/25/2024140L4324R0018

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Baker Fire Crew Quarters, Baker County, Oregon, for BLM-VALE District Office

The magnitude of this construction project is between $1,000,000.00 and

$5,000,000.00.

This acquisition is a total small business set aside, and the North American

Industry Classification System (NAICS) code is 236220 and the small business size standard is $45.0 million.

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

30 365 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10 ALT I

08/26/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

BLM OR-ST OFC PROC MGMT BR(OR952)

1220 SW 3rd Avenue, 12th Floor

PORTLAND OR 97204

LHA

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

Fortunato Sapida Jr

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 60

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L4324R0018

00010 Baker Fire Crew Quarters for the BLM-Vale

District Office, Oregon

Product/Service Code: Y1AZ

Product/Service Description: CONSTRUCTION OF

OTHER ADMINISTRATIVE FACILITIES AND SERVICE

BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Baker Fire Crew Quarters, Baker City, OR SOLICITATION NO. 140L4324R0018 BLM Vale District Office Page 4 of 60

Bid Schedule

This requirement is for one (1) Firm Fixed Price Construction contract for the Baker Fire Crew Quarters at 3198 13th Street, Baker City, OR 97814.

LS = Lump Sum

*A detailed description of what is to be included in each of these bid items is discussed in Specification Section 01

20 00 DEFINITION OF BID ITEMS

**Each Bid Item Total is a lump sum amount for the work described in the Bid Item Description

Prospective bidders are expected and urged to make an examination of the work site. It will be the responsibility of each bidder to determine, to their satisfaction, working conditions incident to successfulcompletion of the contract

PERFORMANCE PERIOD: See FAR clause 52.211-10 ALT I

This solicitation is a Total Small Business Set Aside under NAICS 236220, Commercial and Institutional Building Construction, Size Standard $45 million.

Item No. Item Description* Estimated Quantity

Unit** Unit Price Total

1 Mobilization/Demobilization 1 LS $_______ $________ 2 General 1 LS $_______ $________ 3 Site Civil 1 LS $_______ $________ 4 Architectural and Structural for New

Crew Quarters Building

1 LS $_______ $________

5 Mechanical Systems for New CrewQuarters Building

1 LS $_______ $________

6 Electrical Systems for New Crew Quarters Building

1 LS $_______ $________

Total: $________

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Table of Contents

SECTION Page

SPECIFICATIONS 6

DRAWINGS 8

INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS 9

EVALUATION FACTORS FOR AWARD 16

CONTRACT ADMINISTRATION DATA 17

SPECIAL CONTRACT REQUIREMENTS 20

CONTRACT CLAUSES 24

LIST OF ATTACHMENTS 49

REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS

OF OFFERORS

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SPECIFICATIONS

ATTACHMENT PAGES

Specifications. 790

PART 2: PRODUCTS

A. Spark Arresters: Shall meet the requirements of the State of Oregon’s regulations.

PART 3: EXECUTION

3.01 HAZARDOUS MATERIAL CONTAINMENT/CLEANUP

A. During contractor operations on lands managed by the BLM, in event of a release as defined in Oregon Administrative Rules (OAR), Chapter 340, Division 142, Oil and Hazardous Materials Emergency Response Requirements, the Contractor shall immediately implement the SPCC plan as referenced herein and notify the on-site Government Contract Representative (COR or PI). The Government Representative will initiate the District’s Hazardous Materials Contingency Plan and/or Spill Containment Plan reporting requirements. The Government Representative will remain on scene until relieved by the District Hazardous Materials Management Coordinator (HMMC) or his/her representative.

B. Spill Prevention, Control, and Countermeasure Plan (SPCC): The Contractor shall develop an SPCC Plan as defined under 40 CFR Part 112. The SPCC Plan will be reviewed and accepted by the Contracting Officer prior to initiating project work. The SPCC Plan shall, as a minimum, contain the following information:

1. Response Priorities

2. Contractor Representative in Charge

3. Duties of Contractor Personnel

4. Contractor Emergency Response Procedures

5. Contents of Spill Containment Kit (SCK)

6. Spill Response Diagram

Upon request, an example of a SPCC may be obtained from the _________ District Environmental Protection Specialist for Hazardous Materials.

C. Spill Containment Kit (SCK): The Contractor shall have a SCK, as described in the SPCC, on-site during any operation and provide training to employees on how components of the SCK are used. The SCK must be designed for use with petroleum products, and must contain, as a minimum, the following items:

1. Two Bales (4 Booms/Bale, of 8" dia. X 10’ length Oil-only Absorbent Booms)

2. Two Bales (100 Pads/Bale, of Oil-only Absorbent Pads, minimum of 17"x19"x1/4")

3. One Oil-only Absorbent Sweep (minimum of 18" dia. X 100' length)

4. One Floating On-Water Containment Boom (minimum 18” width x 100’ length) (only required for in-stream or riparian work within 50 feet or less of a waterway.)

5. Gloves (PVC and Latex), Goggles, and Garbage Bags sufficient to contain soiled absorbents.

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D. The Contractor shall implement the Emergency Response Actions described in the SPCC plan. Those actions include, but are not limited to, immediate action to protect employee health and safety, immediate action to stop the flow of product from the equipment, removal of equipment from the waterway if required and/or possible, deployment of the absorbent booms and pads downstream from the equipment, and any other immediate action as specified by Federal and/or State On-Scene Coordinators or his/her representative. The Contractor shall be responsible for cleanup/removal and proper disposal of contaminated materials from the site.

E. If the HMMC determines that additional resources are needed, the HMMC will implement the District’s Hazardous Materials Contingency Plan and the District Spill Containment Plan. The Contractor may be responsible for any or all costs associated with this level of effort. The amount of actual damage will be deducted by the Government from the amount due the Contractor prior to final payment.

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DRAWINGS

Attachement Drawings (78 pages)

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INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

1.0 GENERAL. This is a Request For Proposal (RFP). An award notice will be posted on the Contract

Opportunities website located at www.sam.gov upon award. The award notice will include the awardee’s name and address and total award amount.

1.1 Electronic Response. Electronic quotation will not be accepted through: www.fedconnect.net. The proposal must be submitted in writing via email to blm_or_so_952_mail@blm.gov AND Tiffany Eckert at teckert@blm.gov, with subject line 140L4324R0018 Proposal, [Company Name], no later than 08/26/2024 2:30 PM Pacific TimeT.

1.2 Requests for Information. Questions regarding this solicitation must be submitted in writing via email to

Tiffany Eckert at teckert@blm.gov AND blm_or_so_952_mail@blm.gov, with subject line 140L4324R0018 Questions, [Company Name], no later than 08/12/2024 2:00 PM Pacific Time to receive consideration.

1.3 Liability Insurance. In accordance with clause 1452.228-70, upon contract award submit copy of an acceptable insurance certificate to the Contracting Officer prior to beginning the work by sending it via email to Tiffany Eckert @ teckert@blm.gov AND blm_or_so_952_mail@blm.gov.

2.0 PROPOSAL INSTRUCTIONS. The proposal shall be submitted in two individual and separate parts consisting of (1) a technical proposal and (2) a price proposal.

2.1 FORMAT AND CONTENT OF TECHNICAL PROPOSAL. There is one non-price/cost evaluation factors.

The technical proposal shall be organized by evaluation factor and sequenced in the order the in paragraph L.2.0 and shall not contain any price information. The offeror shall address the following factor in sufficient narrative and qualitative detail to be evaluated.

2.1.1 Evaluation Factor 1, Key Personnel.

Key Personnel consists of the a Quality Control Manager and an On-Site Contruction Specialist. The

Offeror shall submit resumes for the Key Personnel. All Key Personnel shall have a minimum of five (5) years of experience specializing in commercial construction projects of similar size and scope. All resumes must include the following information

• Name

• Years of experience with respective firm(s) and position(s) held

• List of projects in which the individual has worked to include the contract number, contracting agency, contract dollar value, name of project(s), project location(s), start and end dates, and project position held if different from the employment history.

2.2 FORMAT AND CONTENT OF PRICE PROPOSAL

2.2.1 The Offeror shall submit the completed Standard Form 1442 and all acknowledged amendments, if any.

2.2.2 Evaluation Factor 2, Price. The Offeror shall remit a completed price schedule (Section B). The Offeror shall enter unit price and extended total for each item listed in Section B. The price shall include all necessary supervision, management, labor, transportation, equipment, materials, any other direct incidental costs, overhead and profit, unless the cost is expressly identified as a separately priced contract line item.

2.2.3 The Offeror shall complete and submit all applicable Representations, Certifications and Other Statements of Offerors. In accordance with FAR 4.1201, representations and certifications shall be submitted to the http://www.sam.gov/ mailto:blm_or_so_952_mail@blm.gov

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System for Award Management (www.sam.gov) and updated at least annually to ensure they are kept current, accurate, and complete.

2.2.4 The Offeror shall submit an executed Bid Guarantee in accordance with clause 52.228-1. When a Bid

Guarantee is covered by an individual surety, the Offeror shall send an electronically signed Standard Form 28 Affidavit of Individual Surety to via email to blm_or_so_952_mail@blm.gov AND Tiffany Eckert at teckert@blm.gov.

The Offeror shall furnish all executed Performance and Payments bonds in accordance with clause 52.228-

15 to the Contracting Officer. The electronically signed Standard Forms 25 and 25-A shall be sent via email to blm_or_so_952_mail@blm.gov AND Tiffany Eckert at teckert@blm.gov.

The following provisions are incorporated by reference:

Provision Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

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

– ALTERNATE I

OCT 1997

The following provisions are included in full text:

52.216-1 – TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

52.222-5 – CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY

2014)

(a)

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

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

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of Provision) http://www.orca.bpn.gov/

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52.225-10 – NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225- 9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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52.225-12 – NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225- 11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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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) An organized site visit has been scheduled for - Thursday, 08/08/2024 at 9:00 AM Pacific Time

(c) Participants will meet at - 3198 13th Street, Baker City, OR 97814

(End of Provision)

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far/ Department of the Interior Acquisition Regulation (CFR, Title 48, Chapter 14): http://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400

52.252-5 – AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained https://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 http://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400

BLM Vale District Office Page 14 of 60 in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(a) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that

(i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

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(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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Bureau of Land Management, Oregon State Office, Branch of Procurement Management, 1220 SW 3rd Avenue, Portland, Oregon, 97204.

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

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, D.C. 20240.

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EVALUATION FACTORS FOR AWARD

1.0 BASIS OF AWARD

The basis for award is lowest price technically acceptable (LPTA). This solicitation is conducted under FAR part 15.

The Government intends to award, without discussions, to the responsible offeror submitting the proposal with the lowest evaluated price which meet or exceed the acceptable standards for technical factors pursuant to the procedures in FAR subpart 15.101-2. Tradeoffs are not permitted. Proposals are evaluated for acceptability but not ranked using the non-cost/price factors. The Government intends to award, without discussions, to the responsible Offeror whose proposal complies with the solicitation requirements and is determined to be the best value to the Government.

2.0 EVALUATION FACTORS FOR AWARD.

2.0.1 Evaluation Factor 1, Key Personnel.

Key Personnel meet the specialized experience requirements to successfully complete this requirement.

Minimum Acceptability Standard for this factor:

RATING DEFINITION

Technically Acceptable Meeting or exceeding the minimum acceptability standard as outlined above.

Not Technically Acceptable Not meeting the minimum acceptability standard.

2.0.2 Evaluation Factor 2, Price

Price will be evaluated for fair and reasonableness but not rated.

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CONTRACT ADMINISTRATION DATA

1.0 In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the Contractor is required to annually report the product types and dollar value of any USDA-designated biobased products purchased during the previous fiscal year (October 1- September 30) through the System for Award Management (SAM). The report is due no later than October 31 of each year during contract performance and at the end of contract performance. Failure to submit the report into SAM in a timely manner may result in contractual remedies.

2.0 In accordance with FAR clause 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons the Contractor is required to track and report on an annual basis the amount in pounds of hydrofluorocarbons (HFCs) or refrigerant blends containing HFCs contained in the equipment and appliances delivered under this contract. For FY16 you are required to submit this report directly to the Contracting Officer; for FY17 and after you must submit the information to the System for Award Management (SAM).

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/

BLM Vale District Office Page 18 of 60 indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products or Commercial Services included in commercial products or commercial services contracts.

The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

1. Invoice billed according to contract line items and rates.

2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

4. If final payment is billed, the last invoice shall state “FINAL”.

5. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business https://www.ipp.gov/

BLM Vale District Office Page 19 of 60 days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) mailto:ippgroup@bos.frb.org

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SPECIAL CONTRACT REQUIREMENTS

1.0 BONDS

When a financial protection is covered by an individual surety, the Contractor shall mail Standard Form 28 Affidavit of Individual Surety in original, wet signature form to:

Bureau of Land Management Oregon State Office ATTN: Branch of Procurement Management [Contractor insert Contract no.] P.O. Box 2965 Portland, OR 97208

Where authorized, bonds covered by United States bonds or notes, certified cashier’s checks, bank drafts or money orders must be mailed to the above address using ATTN: CBS Lead [Contractor insert Contract no.].

2.0 ACCESS

In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

3.0 WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

4.0 ENVIRONMENTAL INTERRUPTION OF WORK

4.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work where the Contractor proceeds during unsafe adverse weather or site conditions, and/or fire danger. Historical average days of severe weather have been included in the performance period. The Contractor will not be entitled to additional contract time or compensation for any such suspensions except when unusually severe weather or unforeseen conditions exist.

4.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

5.0 DRAWINGS

5.1 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size.

Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. The Contractor may request full-size drawings from the Contracting Officer.

6.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

6.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

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6.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

6.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

6.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

7.0 SUBSTITUTION – PROCESSION OF WORK

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the quotation accepted. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.

8.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

9.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

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10.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Reporting of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

11.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

12.0 CONSTRUCTION WAGE RATES APPLICABLE TO TRUCK DRIVERS

29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.

13.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

14.0 FIRE DANGER SEASON

If the COR allows the Contractor…