B08_-_Solic_140F0S23Q0013_-_Midway_Rock_2023_v3_-_Full.pdf

140F0S23Q0013

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

02/06/2023

1 63

FWS, Over SAT G/S 5275 Leesburg Pike Falls Church VA 22041

FWS Over SAT G/S Multiple

503 872-2825Robert Sung

02/15/2023 1700 PS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Midway Armor Rock 2023

CAGE:_____________

Unique Entity ID:___________________

Email:__________________________________

Period of Performance: 03/20/2023 to 06/25/2023

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Armor Rock for Midway Atoll SOLICITATION NO. 140F0S23Q0013

FWS Midway Atoll Page 2 of 63

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and award. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request For Quote (RFQ). NAICS is 212319 with a size standard of 500 employees.

This document is conducted under the procedures of FAR Parts 12 and 13 incorporating provisions and clauses in effect through the current Federal Acquisition Circular (FAC) 2022-07. This requirement is a HUB Zone set aside.

This requirement is for one (1) Firm Fixed Price Commercial Items Contract for Rock with delivery and offloading and transportation of FWS owned and/or rented materials to Midway Atoll.

BASE

Item no. Item Description Quantity

Unit of

Measure Unit Price Total

0001 Base: Armor Rock 3,000 Tons $ $

Armor Rock (4-6 ton) (15% - 20%) Tons

Armor Rock (2-4 ton) (40% - 60%) Tons

Filter Rock (20% - 35%) Tons

Drainage Rock (8% - 10%) Tons

0002 Base: FWS Cargo Receipt, Storage, Handling, loading, and delivery. (Up to

60 days prior to sailing)

1 Lump

Sum

0003 Base: Barge loading, sailing, arrival at

Midway and related activities (June 15, 2023)

1 Lump

Sum

0004 Base: Barge offloading and stacking on

Midway

10 Days $ $

Option

Option 1: Additional Armor Rock (4-6 ton) 1 Tons

Option

Option 2: Additional Armor Rock (2-4 ton) 1 Ton

Option

Option 3: Additional Filter Rock 1 Ton $ $

Option

Option 4: Additional Drainage Rock 1 Ton $ $

Option

Option 5: Transportation insurance for helicopter

Lump

Sum

Total – Base $

Total – Options $

GRAND TOTAL (Base + Options) $

NOTE: Contractor is responsible for any delays caused by difficulty docking to unload due to barge size and draft.

This includes delays caused by barge being stuck or otherwise immobilized.

FWS Midway Atoll Page 3 of 63

NOTE 2: Contractor shall provide a price for delivery/sailing/loading inclusive of all related activities and costs such as fuel prices, fuel burn, and possible extra travel delays such as weather (Line 0003).

NOTE 3: Contractor shall anticipate 10 days of unloading due to birds (Line 0004). Any additional delay days unloading due to birds can be charged to the government at a daily rate.

NOTE 3: Barge shall arrive at Midway no later than June 15, 2023, for unloading with complete unloading by June

25, 2023. Failure to meet this arrival date shall result in liquidated damages. Barge arrival on Midway earlier than

June 5, 2023 will result in a positive CPARS rating for schedule.

PERIOD OF PERFORMANCE: See Section F

(End of Section B)

FWS Midway Atoll Page 4 of 63

SECTION C – STATEMENT OF WORK

1. GENERAL

The U.S. Fish & Wildlife Service (USFWS), Region 1, Midway Atoll National Wildlife Refuge and Battle of

Midway National Memorial is in need for material procurement services to furnish and deliver material required as part of the Midway Atoll National Wildlife Refuge Seawall Repair and Mouse Eradication Project. The overall purpose of the Seawall Repair Project is to repair sections, as needed, of the existing seawall by replacing existing damaged sheet pile with armor rock revetment. The scope of this portion of work will be to procure and deliver the materials required to complete a portion of the seawall repair. The purpose of the Mouse Eradication Project is to eliminate the large population of invasive mice on the island to protect nesting seabirds. The scope of this portion of the work is to receive, store, transport, and ship necessary supplies to complete this conservation project.

The project area is located along the south shore of Sand Island within Midway Atoll, which was designated as the

Midway Atoll National Wildlife Refuge/Battle of Midway National Memorial, and is located within the

Papahānaumokuākea Marine National Monument. Midway is located in the northwestern part of the Hawaiian archipelago at N 28° 12’ and W 177° 21’. Midway Atoll NWR was designated as a National Wildlife Refuge in

1988 and became a part of the Monument in 2006, both of which are administered by the USFWS. Delivery of the material will occur at the port located on the east side of Sand Island and will require offloading and stockpiling of material within ½ mile of the port. Contractor performance will be documented in CPAR for this contract.

https://www.nauticalchartsonline.com/chart/zoom?chart=19482

2. SCOPE

Provide Logistical support as described below.

2.1. Task 1: Riprap Rock

2.1.1. See Specifications Sheet

2.1.2. Due to the reduced time between procurement and sailing a dedicated quarry run to support the

USFWS requirement is unlikely, as a result the USFWS is allowing the contractor to provide a variety of the different rocks as a percentage of the total volume requested in the solicitation. The contractor shall still be required to provide the total volume of rock requested in the solicitation.

2.1.3. In the event test results are not available or cannot be completed prior to sailing, contractors may procure rock from quarries that have been previously approved for USACE seawall projects in the past 7 years. Rock provided will still need to be tested IAW the specifications, so the USFWS has documented rock characteristics for the materials delivered.

2.1.3.1. Contractor shall allow for inspection of material at various phases of the work as described in the Specifications.

2.1.3.2. Contractor shall submit all test reports for approval prior to removing material from the quarry.

2.1.3.3. Contractor shall provide 100% inspection by 3rd Party independent biological technician during all loading operations. Biological inspectors shall participate in a virtual meeting with

USFWS prior to the start of loading to outline inspection processes and results needed to allow riprap and cargo to be loaded onto the barge.

2.1.3.4. Rock shall be cleaned IAW contract requirements. Inspection by a qualified biologist is required prior to loading of rock onto barge.

2.1.4. If rock was loaded that did not meet the rock characteristic specifications, the contractor may remove the non-compliant rock or allow it to remain in the barge, but not charge the govt for the additional materials. Any rock that was not adequately cleaned shall be removed and cleaned and may not stay on the barge.

2.1.5. Contractor shall provide a minimum of 3,000 tons of specification compliant rock on the barge.

FWS Midway Atoll Page 5 of 63

2.1.5.1. Contractor shall be prohibited from sailing until the minimum amount of rock is loaded on the barge along with all USFWS cargo, all costs associated any delay from the contractors failure to meet cargo requirements shall be the responsibility of the contractor.

2.1.6. DELIVERABLES

2.1.7. Specification compliant riprap rock

2.1.8. USFWS reserves the right for the contractor to host a meeting with all quarry staff engaged in the loading operations prior to loading.

2.1.9. Rock that is non-compliant with any specified rock sizing shall be considered spoils and not be billed/assessed to the USFWS.

2.1.10. Organic matter and/or invasive plants, seeds, wildlife shall not be loaded and/or transported on the barge.

2.1.11. Load ticket or other documentation verifying rock quantities loaded onto the barge.

2.2. Task 2: FWS Cargo Receipt, Storage, Handling, loading, delivery, and offloading on Midway

2.2.1. Contractor shall provide secure cargo storage for up to 20 shipping containers. Storage area shall be secure, but accessible for USFWS inspections. Contractor shall maintain positive control of all

USFWS cargo from delivery to the secure storage location to delivery at Midway. Contractor shall be responsible for unloading USFWS provided shipping containers from transport vehicle and relocating to storage location as well as transporting to the barge for loading.

2.2.2. Contractor shall provide secure cargo storage for one (1) 40’ high cube shipping container that contains a commercial rental helicopter.

2.2.3. Contractor shall provide secure storage of misc. materials and equipment associated with the voyage.

This may include: Pesticide accessories, helicopter accessories, spare parts, construction materials, etc.

2.2.4. Contractor shall provide delivery address and hours of operations in which deliveries can be made as well as a POC for shippers to contact and coordinate deliveries.

2.2.5. Contractor shall provide three (3) sea-worthy, water tight, shipping containers to store and transport these additional items. These three shipping containers shall become the property of the USFWS at the end of the contract period.

2.2.6. Contractor shall provide safe storage for other misc. items such as a generator.

2.2.7. Storage shall be provided from 7 days after contract award up to sailing date for all material deliveries. However, the USFWS plans to deliver the majority of the materials as close to the projected departure date as possible. Tentatively May 3, 2023.

2.2.8. DELIVERABLES

2.2.8.1. Storage facilities

2.2.8.2. Transport, security, loading, and management of USFWS cargo until departure.

2.3. Task 3:Barge Procurement, Loading, Transport and Delivery of materials and Armor Rock

Revetment materials (US to Midway)

2.1.1. Contractor shall provide all labor, equipment, and materials necessary to procure, load, transport, unload and stockpile all materials listed in subsequent tasks and as specified herein.

2.1.2. Transport materials from mainland US to Midway (Direct) without any stops in the Hawaiian

Islands.

2.1.3. Barge shall arrive at Midway No Later Than (NLT) June 15, 2023, for unloading.

2.1.4. Liquidated damages shall apply for each day beyond June 15, 2023, that the barge has not arrived and started unloading.

2.1.5. Anticipated/Potential Cargo is the following:

• Twelve (12) – 20’ shipping containers - Govt procured and delivered 20’ shipping containers, none to exceed 25,000 lbs. loaded with Rodenticide mouse poison. MSDS is attached. * Note

Hawaii has strict guidelines on importing Rodenticide to the island, if contractor chooses/attempts to dock in Hawaii, they are required to follow all Hawaii regulations regarding the pesticide.

FWS Midway Atoll Page 6 of 63

• Three (3) – 20’ sea worthy shipping containers, provided by the contractor to load misc. loose materials that are shipped to the holding location for transport. Containers shall become the property of the USFWS under this contract.

• One (1) – 40’ high cube shipping container that has a helicopter enclosed inside.

o The barge shall be configured so that the helicopter can be off-loaded first. Due to the high rental cost of the helicopter, contractor shall provide the last loading date so the govt can minimize equipment rental costs.

o This container cannot be double stacked.

o This container is a specialty container owned by a 3rd party.

• Optional cargo may include two small generators, one large generator, palletized herbicide, or other miscellaneous supplies.

• Optional Cargo may include riprap/rock as awarded under the optional tasks.

• All 20’ shipping containers shall be double stacked for transport to provide the maximum amount of deck space for other materials.

2.1.6. Barge shall not sail until all cargo has been received and loaded, or until USFWS agrees to depart.

2.1.7. Contractor shall provide the last loading date in the mainland port for all cargo within 10 days of contract award, government has estimated this date as May 3, 2023.

2.1.8. Once all USFWS cargo arrives which is anticipated to be prior to May 3, 2023 by up to 15 days.

After award and cargo contracts are finalized, an updated delivery schedule for all USFWS cargo will be provided. Currently, bait is estimated to be able to arrive by Mar 20 and the helicopter is estimated to arrive by Apr 12, 2023.

2.1.9. Contractor shall provide port storage 7 days after contract award to load date for materials to arrive at the port. Contractor shall be responsible for the safe storage and security of the materials until departure.

2.1.10. The 20’ shipping container shall arrive by truck and the contractor shall have the means and methods to remove the shipping container from the truck and place it in the storage area.

2.1.11. Transport and delivery will be to Midway Atoll NWR with offloading occurring at the lagoon port located on the east side of Sand Island. The Contractor shall verify all lagoon data prior to sailing, but for bidding purposes, the contractor can assume a maximum depth of the lagoon to be 8’ deep 1 for tidal variances.

2.1.12. Upon arrival at Midway Atoll NWR, the Contractor shall unload all material from the transport vessel and stockpile the material at a location designated by USFWS. This location will be within ½ mile from the point of offloading. Rock shall be sorted IAW with the specifications upon unloading.

Contractor shall be allowed a maximum of 10 days on Midway to complete unloading.

2.1.13. Contractor shall provide off-load capabilities (typically a ramp system) and equipment of adequate capacity to support and handle the loads expected during loading and offloading of material.

2.1.14. Contractor shall provide heavy equipment such as heavy lift loader with 8’ lifting tines and 5+

CY3 bucket capable of un-stacking the 20’ and 40’ shipping containers and transporting them off of the barge that can also be used to off load the riprap rock.

2.1.15. Contractor should be aware of the remote conditions and limited services that exist at Midway

Atoll NWR. The Contractor shall be prepared to be entirely self-sufficient during performance of the

Work without relying on services or resupply of any kind at Midway Atoll NWR. This includes but is not limited to providing all required transportation, lodging, and provisions for personnel operating both the barge and offload equipment throughout the duration of the Work. Additionally, the

Contractor is responsible for providing all required equipment maintenance, spare parts, fuel, and other items needed for completion of the Work. All costs associated with delay due to the

Contractor’s failure to adequately prepare will be the responsibility of the Contractor to include weather delays, Naval exercises, port operations, etc.

2.1.16. Transport vessel shall be required to sail from the mainland of the US to Midway and return to the

US mainland without any stops/re-supply stops in the Hawaii islands.

• Due to an invasive algae species in Midway waters, the State of Hawaii prohibits ships that have remained docked at Midway for more than 72-hours to dock in the Island without mitigation measures. If a ship chooses to attempt to dock in Hawaii all mitigation measures, FWS Midway Atoll Page 7 of 63 coordination, and approval by the State of Hawaii and their ports shall be the responsibility of the contractor and no costs shall be incurred by the USFWS.

2.1.17. All vessels shall comply with the requirements and best management practices set forth by the following documents:

• https://www.papahanaumokuakea.gov/permit/bestmanagement.html o This includes a pre-departure rodent inspection and hull inspection performed according to the standards and procedures outlined in BMP 001 Marine Alien Species

Inspection Standards for Maritime Vessels and BMP 018 RODENT PREVENTION

AND INSPECTION STANDARDS FOR PERMITTED VESSELS; found in the link above.

• Conservation and Management Permit #PMNM-2016-001 Memo-to-File

• Seawall Long-Term Maintenance Program Implementation Plan

• All vessels entering the monument shall have an independent hull and mouse inspection no earlier than 72-hours prior to sailing. If sailing date is delayed, inspections shall be re-accomplished.

2.1.18. DELIVERABLES

• Contractor shall provide a detailed project schedule with all logistical items outlined in a

GANT chart format (Microsoft Project or Equal)

• Prior to procuring any material, the Contractor shall submit the dimensions, capacity, anticipated layout, and other pertinent information regarding the proposed vessels to be used in transport of the required material.

• Prior to transport, the Contractor shall provide all necessary documentation, including but not limited to vessel inspection reports and material test reports required by Project Permits and as specified in subsequent tasks.

• Contractor shall be responsible for sorting rock during unloading operations.

• Bio-security inspection prior to loading, after loading, and prior to sailing is required. The contractor shall take every precaution to prevent any animals or plant material from being transported to Midway including contractor managed containers, tug, barge, and rental equipment.

• Helicopter shall be unloaded first from the barge to allow USFWS to access and set-up the aircraft. Cargo containers such as the bait shall be unloaded within 5 days of arrival.

2.1.19. GOVERNMENT RENTAL EQUIPMENT

• The USFWS shall make available a 2021 Caterpillar 950M loader with 3.75 or 4.75 YD3 buckets and 96” Tines with operator.

• 2002 Caterpillar Loader 950G with 3.5YD3 bucket

• 2002 Caterpillar 325C Excavator with hydraulic bucket, but has been damaged due to a fire and needs to be used gently during operations.

• 2018 Caterpillar 326FL Excavator with normal bucket.

• 1991 Ford L9000 2x8 Dump Truck – Age is an indication of condition.

• 1993 Ford F800 2x4 Dump Truck – Age is an indication of condition.

• 2020 Terramac RT14R Rubber Track Dump Truck

• Contractor shall be responsible for any damage to USFWS equipment operated in their control.

• The govt shall provide up to two (2) equipment operators to assist in the unloading of the barge.

• Equipment Rental Rates apply, rate sheet shall be attached as an appendix to solicitation.

• USFWS Fee Schedule is located at - https://www.fws.gov/refuge/midway-atoll/visit-us/rules-policies

• Contractor is aware of equipment age and condition. Equipment failures do not relieve contractor of completing the task in the specified time.

https://www.papahanaumokuakea.gov/permit/bestmanagement.html https://www.fws.gov/refuge/midway-atoll/visit-us/rules-policies https://www.fws.gov/refuge/midway-atoll/visit-us/rules-policies

FWS Midway Atoll Page 8 of 63

2.2. Task 4- Option 1: Armor Rock (4-6 Ton)

2.2.1. Procure Armor Rock meeting the requirements of the Specifications.

2.2.2. Contractor shall allow for inspection of material at various phases of the work as described in the

Specifications.

2.2.3. Contractor shall submit all test reports for approval prior to removing material from the quarry.

2.2.4. Contractor shall provide 100% inspection by 3rd Party independent biological technician during all loading operations.

2.2.5. Contractor shall provide pricing on a per-ton basis and provide the govt with an estimated minimum and maximum at the proposed unit price.

2.2.6. Rock shall be cleaned IAW contract requirements.

2.2.7. For example:

• If the unit price was $100/ton but there was minimum order of 2,000 tons to meet this price.

• In addition, if the maximum load the barge was capable of supporting is 4,000 tons @ the

$100/ton rate.

• If rock was loaded that did not meet the specifications, the contractor may remove the non-compliant rock or allow it to remain in the barge, but not charge the govt for the additional materials.

2.2.8. DELIVERABLES

• Specification compliant Armor Rock (4-6 ton)

• If rock optional task is awarded, USFWS reserves the right for the contractor to host a meeting with all quarry staff engaged in the loading operations prior to loading.

• Rock that is non-compliant with any specified rock sizing shall be considered spoils and not be billed/assessed to the USFWS.

2.3. Task 5 – Option 2: Armor Rock (2-4 Ton)

2.3.1. Procure Armor Rock meeting the requirements of the Specifications.

2.3.2. Contractor shall allow for inspection of material at various phases of the work as described in the

Specifications.

2.3.3. Contractor shall submit all test reports for approval prior to removing material from the quarry.

2.3.4. Contractor shall provide 100% inspection by 3rd Party independent biological technician during all loading operations.

2.3.5. Contractor shall provide pricing on a per-ton basis and provide the govt with an estimated minimum and maximum at the proposed unit price.

2.3.6. Rock shall be cleaned IAW contract requirements.

2.3.7. For example:

• If the unit price was $100/ton but there was minimum order of 2,000 tons to meet this price.

• In addition, if the maximum load the barge was capable of supporting is 10,000 tons @ the

$100/ton rate.

2.3.8. DELIVERABLES

• Specification compliant Armor Rock (2-4 ton)

• If rock optional task is awarded, USFWS reserves the right for the contractor to host a meeting with all quarry staff engaged in the loading operations prior to loading.

2.4. Task 6 – Option 3: Filter rock

2.4.1. Procure Filter Rock meeting the requirements of the Specifications.

2.4.2. Contractor shall allow for inspection of material at various phases of the work as described in the

Specifications.

FWS Midway Atoll Page 9 of 63

2.4.3. Contractor shall submit all test reports for approval prior to removing material from the quarry.

2.4.4. Contractor shall provide 100% inspection by 3rd Party independent biological technician during all loading operations.

2.4.5. Contractor shall provide pricing on a per-ton basis and provide the govt with an estimated minimum and maximum at the proposed unit price.

2.4.6. Rock shall be cleaned IAW contract requirements.

2.4.7. For example:

• If the unit price was $100/ton but there was minimum order of 2,000 tons to meet this price.

• In addition, if the maximum load the barge was capable of supporting is 10,000 tons @ the

$100/ton rate.

• If rock was loaded that did not meet the specifications, the contractor may remove the non-compliant rock or allow it to remain in the barge, but not charge the govt for the additional materials. Rock that is non-compliant with any specified rock sizing shall be considered spoils and not be billed/assessed to the USFWS.

2.4.8. DELIVERABLES

• Specification compliant Filter Rock

• If rock optional task is awarded, USFWS reserves the right for the contractor to host a meeting with all quarry staff engaged in the loading operations prior to loading.

2.5. Task 7 – Option 4: Drainage Rock

2.5.1. Procure Drainage Rock meeting the requirements of the Specifications which is 3” minus angular rock.

2.5.2. Contractor shall allow for inspection of material at various phases of the work as described in the

Specifications.

2.5.3. Contractor shall submit all test reports for approval prior to removing material from the quarry.

2.5.4. Contractor shall provide 100% inspection by 3rd Party independent biological technician during all loading operations.

2.5.5. Contractor shall provide pricing on a per-ton basis and provide the govt with an estimated minimum and maximum at the proposed unit price.

2.5.6. For example:

• If the unit price was $100/ton but there was minimum order of 2,000 tons to meet this price.

• In addition, if the maximum load the barge was capable of supporting is 10,000 tons @ the

$100/ton rate.

• If rock was loaded that did not meet the specifications, the contractor may remove the non-compliant rock or allow it to remain in the barge, but not charge the govt for the additional materials. Rock that is non-compliant with any specified rock sizing shall be considered spoils and not be billed/assessed to the USFWS.

2.5.7. DELIVERABLES

• Specification compliant Drainage Rock

• If rock optional task is awarded, USFWS reserves the right for the contractor to host a meeting with all quarry staff engaged in the loading operations prior to loading.

2.6. Task 8: Transportation Insurance for Helicopter

2.6.1. The USFWS has utilized a 3rd party mutual support agreement that is procuring and providing a helicopter in support of operations at Midway. Since this helicopter is not rented by the USFWS, the

USFWS does not wish to “self-insure” the helicopter for transport.

FWS Midway Atoll Page 10 of 63

2.6.2. This task if awarded would require the contractor to procure transportation insurance for a Bell 407 helicopter with a replacement cost of $1.2M.

2.6.3. Regardless of if this option is awarded, the contractor is still responsible to provide all due diligence in properly securing all cargo and loading the barge in a safe manner that prevents damage to cargo during transport.

2.6.4. DELIVERABLES

• Copy of transportation insurance policy

3. PLACE, DELIVERY, AND PERIOD OF PERFORMANCE

3.1. Material procurement shall occur at a quarry located in the United States of America.

3.2. Material delivery will be to the east side of Sand Island located within the Midway Atoll NWR.

3.3. Stockpiling of material will occur within ½ mile of the Sand Island offload location.

3.4. Work is to be completed within 365 days of Notice to Proceed (NTP) being issued.

4. DELIVERABLES

4.1. Completed material procurement and delivery in accordance with this SOW.

4.2. Initial Project Schedule within 30 days of NTP being issued.

4.3. Product submittals

4.4. Trip-Tickets, waste disposal documentation

4.5. Daily ship reports

4.6. Secure “SharePoint” or equal site for all project documentation

4.7. Closeout Items

4.8. Weekly project reports including project photos.

4.9. Photos of all cargo prior to loading, loaded, and un-loaded.

4.10. Contractor shall host project planning meetings.

4.11. If rock optional task is awarded, contractor shall host a meeting with all quarry staff engaged in the loading operations prior to loading.

5. INSPECTION AND ACCEPTANCE

5.1. The work shall also be done in accordance with all applicable federal, state, and local codes and applicable

Midway Atoll NWR and Papahānaumokuākea Marine National Monument permits.

5.2. All work is subject to 3rd party inspection as specified herein and in the Contract Documents. Contractor shall provide UFWS 30-day written notice prior to loading to coordinate a 3rd party inspector.

5.3. The work shall be accepted when all the work is completed as described herein and in accordance with all

Contract Documents.

6. AVAILABILITY

6.1. Contractor shall notify the COR a minimum of fourteen (14) days prior to arrival on-site and/or needing access to any of the Project site.

(End of Section C)

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SECTION D – PACKAGING AND MARKING

N/A

(End of Section D)

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SECTION E – INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

(End of Section E)

FWS Midway Atoll Page 13 of 63

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award to June 20, 2023.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

The following clauses are provided n full text:

(End of Section F)

FWS Midway Atoll Page 14 of 63

SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)

1) 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 FAR 42.15.

2) 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 in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) 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 (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) 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/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 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."

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

a) 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 CO for instructions.

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

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO 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 60-day review period.

https://www.cpars.gov/

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8) 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 Items included in commercial item 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. 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.

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

4. 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 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)

(End of Section G) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

N/A

(End of Section H)

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SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-11 EXTRAS APR 1984

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

NOV 2021

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.211-11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor’s barge fails to arrive on Midway by June 15, 2023, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $10,000.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and

Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price

Supply and Service clause in this contract.

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate

FWS Midway Atoll Page 18 of 63 consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation

(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

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(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for

Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award

Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31

U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

FWS Midway Atoll Page 20 of 63

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

FWS Midway Atoll Page 21 of 63

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract,…