CO FLAP SH139(1) Douglas Pass Drilling.pdf

Issuing Office: Federal Highway Administration (FHWA) Central Federal Lands Highway Division 12300 W. Dakota Avenue Lakewood, CO 80228

Agency Contact: Eric Grosskreuz, Acquisition Program Specialist eric.grosskreuz@dot.gov and

Chinh Le, Contract Specialist chinh.le@dot.gov

Solicitation Number: 6982AF23Q000025

Title: CO FLAP SH139(1), Douglas Pass, Geotechnical Drilling

Technical Questions Due Date: 3:00 PM Mountain Daylight Time, August 17, 2023

Proposals Due Date: 3:00 PM Mountain Daylight Time, August 18, 2023

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number 6982AF23Q000025. This solicitation is being issued as a request for proposal

(RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number 2023‐04.

(iv) This requirement is a small business set‐aside. The NAICS code is 238910 ‐ Site Preparation Contractors, Planting, and Cultivating, with business size standard $19 million.

(v) The resulting Firm Fixed‐Price open market Purchase Order (PO).

(vi) The requirement is for geotechnical drilling services in support of CO FLAP SH139(1), Douglas Pass.

Please refer to the Scope of Work attachment.

(vii) The Period of Performance is expected to be from date of Award through October 2, 2023.

(viii) The provision at 52.212‐1, Instructions to Offerors—Commercial Products and Commercial Services

(MAR 2023).

The Government shall not be liable for any costs incurred by vendors in preparing or submitting a response to this RFP.

(ix) The provision at 52.212‐2, Evaluation ‐ Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical (ii) price; (iii) past performance.

The award of this contract will be made on Lowest Price Technically Acceptable (LPTA).

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

End of provision

(x) The provision at 52.212‐3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022)

The offeror shall complete provision 52.212‐3 at the Government’s System for Award Management (SAM) http://www.sam.gov.

The provision at 52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204‐26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204‐26, or in paragraph (v)(2)(ii) of the provision at 52.212‐3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

(xi) The clause at 52.212‐4, Contract Terms and Conditions ‐ Commercial Products and Commercial Services (DEC 2022), applies to this acquisition and there are no addenda to the provision.

(xii) The clause at 52.212‐5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders ‐ Commercial Products and Commercial Services (JUNE 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233‐3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77 and

108‐78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment

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

_X (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111‐117, section

743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery

Contracts (OCT 2016) (Pub. L. 111‐117, section 743 of Div. C).

_X (8) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117‐328).

_X (9) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022)

( 15 U.S.C. 657a).

__ (13) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved] _X (15) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐6.

__ (16) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐7.

__ (17) 52.219‐8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219‐9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219‐9.

__ (iii) Alternate II (NOV 2016) of 52.219‐9.

__ (iv) Alternate III (JUN 2020) of 52.219‐9.

__ (v) Alternate IV (SEP 2021) of 52.219‐9.

__ (19) (i) 52.219‐13, Notice of Set‐Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219‐13.

__ (20) 52.219‐14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219‐16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (OCT

2022) ( 15 U.S.C. 657f).

_X (23) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (MAR

2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219‐28.

__ (24) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219‐32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219‐33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X (28) 52.222‐3, Convict Labor (JUN 2003) (E.O.11755).

__ (29) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (DEC

2022) (E.O.13126).

_X (30) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

_X (31) (i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222‐26.

_X (32) (i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222‐35.

_X (33) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222‐36.

_X (34) 52.222‐37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (35) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

X (35a) 52.222‐42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Use Wage Determination for your area of performance. Monetary Wage Fringe Benefits Geotechnical Drilling Not Available Not Available 23470 – Laborer USE Wage Determination Online.gov https://www.wdol.gov/dba.aspx to find the wage determination for your area. Select Service Contract Act (This is a service and not covered under Davis‐Bacon Act).

(End of clause) _X (36) (i) 52.222‐50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222‐50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (37) 52.222‐54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

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

__ (39) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223‐13.

__ (42) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun2014) of 52.223‐14.

__ (43) 52.223‐15, Energy Efficiency in Energy‐ Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223‐16.

_X (45) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223‐21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224‐3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (49) (i) 52.225‐1, Buy American‐Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225‐1.

__ (50) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (DEC 2022) ( 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225‐3.

__ (iv) Alternate III (JAN 2021) of 52.225‐3.

__ (v) Alternate IV (Oct 2022) of 52.225‐3.

__ (51) 52.225‐5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (52) 52.225‐13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225‐26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

( 42 U.S.C. 5150).

__ (56) 52.229‐12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232‐30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X (59) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award

Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award

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

__ (61) 52.232‐36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239‐1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247‐64.

__ (iii) Alternate II (NOV 2021) of 52.247‐64.

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

[Contracting Officer check as appropriate.] _X (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

_X (2) 52.222‐42, Statement of Equivalent Rates for Federal

Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

_X (7) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_X (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117‐328).

(vi) 52.219‐8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222‐26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(x) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(xi) 52.222‐37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xii) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xiii) 52.222‐41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiv) (A) 52.222‐50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (MAR 2015) of 52.222‐50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xvii) 52.222‐54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx) (A) 52.224‐3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224‐3.

(xxi) 52.225‐26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxiii) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232‐40.

(xxiv) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

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

(End of clause)

(xiii) Additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

Clauses:

52.204‐13 System for Award Management Maintenance (OCT 2018) 52.204‐18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.242‐15 Stop‐Work Order (AUG 1989) 52.242‐17 Government Delay of Work (APR 1984) 52.245‐1 Government Property (SEP 2021) Alt 1 (APR 2012) 52.245‐9 Use and Charges (APR 2012)

52.252‐2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulation (FAR) https://www.acquisition.gov/, Department of Transportation Acquisition Regulations https://www.acquisition.gov/tar

(End of clause)

52.252‐6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Department of Transportation Acquisition Regulations (48 CFR 12) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

INVOICES & PAYMENTS

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web‐portal for processing invoices.

For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov.

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web‐portal shall contain the following: (1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi eInvoicing web‐portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/create‐an‐account/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number.

The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Vendor POC’s who require access to the eInvoicing web‐portal for invoice submission and payment tracking purposes will be required to provide their full name, email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web‐portal account. Vendor users and the agency POC will be notified via e‐ mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account. FHWA’s agency POC may be contacted at HCFA‐10@dot.gov.

If the Vendor has any general questions or issues accessing the iSupplier web‐portal, please have them contact the ESC iSupplier helpdesk either at:

• http://einvoice.esc.gov

• Call Delphi Help Desk at 1‐866‐641‐3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system.

Instructions for contacting the Delphi Help Desk can be found at: http://einvoice.esc.gov.

• To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA‐10@dot.gov

Account Management

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact HCFA‐ 10@dot.gov with the full name, title, phone number, e‐mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no‐activity, users should login once within 45 days of their last login.

Waivers

The Department of Transportation Financial Management officials may, on a case‐by‐case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website (https://www.transportation.gov/policy‐ initiatives/delphi‐einvoicing‐waiver‐request‐form) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B‐30 Office of Financial Management, Room W93‐431 1200 New Jersey Avenue SE Washington DC 20590‐0001 or electronically to: DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126‐8865 Attention: [Fill‐in Name of Contract Specialist]

Invoices submitted via an overnight service must use the following physical address:

MMAC

FHWA/AMZ‐150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: (Accounting Technician)

Express Delivery Point of Contact: Lead Account Technician, 405‐954‐8252 All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

Final Invoices

For firm‐fixed‐price (FFP) contracts where supplies are delivered or services are performed, the final invoice is not subject to further contract settlement actions between the Government and the Contractor.

For non‐FFP contracts, further contract settlement actions may exist where final invoices are not to be submitted yet until these contract settlement actions are resolved. For these contracts, the Contracting Officer will process final invoices as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer/ Contract Specialist along with the final closeout documents. When the final invoice is ready for payment, the Contracting Officer will inform the Contractor that the final invoice can be submitted through the iSupplier system.

Provisions:

52.204‐7 System for Award Management (OCT 2018) 52.204‐16 Commercial and Government Entity Code Reporting (AUG 2020)

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 (FAR) https://www.acquisition.gov/, Department of Transportation Acquisition Regulations https://www.acquisition.gov/tar

(End of provision)

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 Transportation Acquisition Regulations (48 CFR Chapter 12) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

(xiv) There is no Defense Priorities and Allocations System (DPAS) and assigned rating applicable to this action.

(xv) Proposals must be submitted via email to Eric Grosskreuz at eric.grosskreuz@dot.gov and cc Chinh Le at Chinh.Le@dot.gov no later than 3:00 pm Mountain Time, on August 18, 2023. Please put in the subject line of your email: “RFP 6982AF23Q000025”.

(xvi) Contact Eric Grosskreuz at eric.grosskreuz@dot.gov and cc Chinh Le at Chinh.Le@dot.gov for information regarding this combined synopsis/solicitation.

GEOTECHNICAL DRILLING SCOPE OF WORK

Project Name: CO FLAP SH139(1) Douglas Pass

Project Location and Description: The Federal Highway Administration, Central Federal

Lands Highway Division (CFLHD), in partnership with the Bureau of Land Management

(BLM), White River and Grand Junction Districts, and the Colorado Department of

Transportation (CDOT), will be reconstructing, widening, improving drainage, and stabilizing adjacent slopes (rockfall and landslide areas) on a segment of CO-139 from Milepost 33.2 to

34.9 near Douglas Pass. The site location is approximately 35 miles north of Loma, CO and approximately 40 miles south of Rangely, CO.

This area was inspected during a site visit in 2022. The roadway ascends to Douglas Pass along steep slopes of interbedded shale, limestone, and sandstone. Along the exposed cliffs differential weathering and raveling of the weaker shale layers leads to rock fall of the stronger sandstone and limestone layers. Below the base of the cliffs, accumulation and further weathering of the fallen rocks and raveled shale leads to landsliding. The roadway of CO-139 is generally located at the base of the cliffs on top of potential sliding areas.

Approximate Site Coordinates:

South End of Project: MP 33.2 (39° 35' 22.15"N, 108° 49' 37.40"W)

North End of Project: MP 34.9 (39° 35' 59.22"N, 108° 48' 15.90"W)

Figure 1- Approximate Project Location

Figure 2- CO-139/Douglas Pass Boring Locations

Scope of Work: This scope of work is intended to cover both pavement and geotechnical borings for CO-139 along the south side of Douglas Pass. The investigation will include a total of nine borings (9) borings. The locations of the borings can be seen in Figure 2 above.

Up to three types of drilling methods are anticipated to reach target drilling depth. All pavement borings, designated as P-#, will be advanced to 5 feet with hollow stem auger (HSA) or Sonic drilling. Geotechnical borings, designated as BH23-0X, will be advanced through the overburden by down the hole hammer (DTH) or Sonic drilling. If Sonic drilling is utilized, HSA is not required for the pavement borings. If bedrock is encountered in the geotechnical borings, HQ3 wireline coring will be required to advance a minimum of 10 feet into bedrock. All borings are located in the road or shoulder and will be accessible by a truck mounted drill rig.

A summary of the field exploration program described above can been seen in Table 1 below.

Target exploration depths are estimated, and lengths of drilling methods may vary based on material encountered. The drilling contractor is recommended to bring enough tooling to drill at least 20 feet below the estimated termination depth.

Table 1- Summary of the Field Exploration Program

EXPLORATION

DESIGNATION

LOCATION (LAT/LON)

PURPOSE /

DESCRIPTION

LENGTH OF

HSA/SONIC

(FT)

LENGTH OF

DTH/SONIC (FT)

LENGTH OF HQ3

(FT)

PAVEMENT GEOTECHNICAL GEOTECHNICAL

BH23-01 / P-1 39.589540°, -108.826990°

Subexcavation Area

Center of RT or

LT lane

5 20 -

P-2 39.592421°, -108.825507° Center of Rt or LT lane 5 - -

BH23-02 39.593904°, -108.824765°

Slow Vehicle

Pullout Drill in fill side shoulder

- 30 10

P-3 39.595523°, -108.823320° Center of RT or

LT lane 5 - -

P-4 39.598075°, -108.819939° Center of RT or

LT lane 5 - -

P-5 39.597645°, -108.815216° Center of RT or

LT lane 5 - -

BH23-03 / P-6 39.596138°, -108.809630°

Retaining Wall

Drill in center of

RT lane

5 30 10

BH23-04 39.596579°, -108.807957°

Shoulder

Stabilization

Drill in center of RT lane

- 30 10

P-7 39.597929°, -108.804728° Center of RT or

LT lane 5 - -

Note: The exploration locations were estimated relative to features observed during the scoping site visit and from

Google Earth.

Anticipated Soil Conditions: It is anticipated that the material is generally clayey sand and may include a significant amount of gravel, cobbles, and boulders. Boulders exposed on site range from one (1) foot to up to ten (10) feet in diameter. Bedrock is anticipated to consist of limestone, sandstone, and shale, and is expected to be encountered within approximately thirty

(30) feet in depth. If bedrock is encountered, boreholes will be drilled approximately ten (10) feet into bedrock to verify that bedrock is intact and not a large boulder. Due the steepness of the rock slopes and thickness of debris at their base, bedrock depth may vary significantly between boreholes. A DTH or Sonic drilling system is expected to be able to advance through the conditions described. A hollow stem auger drilling system is required for the pavement borings if a DTH drilling system is used rather than Sonic and is anticipated to advance to 5 feet in depth through the conditions described.

Drill Rig Accessibility: All borings will be accessible by a truck mounted drill rig.

Traffic Control: Traffic control following the MUTCD will be required for borings in the roadway or where shoulders are narrow. It is the responsibility of the drilling contractor to supply and coordinate the traffic control during drilling operations. One-lane closures are anticipated. Provide a traffic control plan to FHWA at least one month prior to anticipated on-site work.

Drill Water: Water to be used for drilling operations will not be provided. It is recommended that a water truck or multiple water tanks, if needed, be used to supply water to the drillers.

Procuring water is the responsibility of the drilling contractor.

Cleanliness of Site and Environmental Impact: It is allowable to backfill all holes with cuttings from drilling. Boreholes drilled in the roadway will be patched with generic cold asphalt patch upon completion. It is of the upmost importance to respect any BLM rules and guidelines pertaining to environment and cleanliness.

Utility Locates: The drilling contractor is responsible for requesting public and private utility clearances. FHWA has provided coordinates for the approximate borehole locations and can provide additional location details if requested.

Borings and Sampling: The geotechnical borings will be advanced with a combination of DTH, or Sonic, and core drilling. Within the overburden soils, planned sample frequency will be every five (5) feet, with potential to vary at depth, using an SPT sampler provided by the contractor. If an obstruction, such as a boulder, is located at the five-foot interval and the sampler refuses to advance, drilling will commence, and a sample will be taken as soon as the hole passes the obstruction. The geotechnical drill will use a calibrated automatic trip hammer to drive the samples. Hammer calibration must be within 1 year of the date drilling is performed. Grab samples will be collected if significant changes in the subsurface are noted between SPT samples. Core drilling will use HQ3 wireline tooling with the ability to advance through gravels, cobbles, and boulder overburden, as well as bedrock such as sandstone, shale, and limestone.

Provide and be prepared with sufficient diamond bits, casing shoes, reaming shells, core boxes, core blocks (or a hand saw and lumber) and an extra inner core barrel on site.

The pavement borings will be advanced using hollow stem auger drilling if a DTH drilling system is mobilized on site. If a Sonic drill rig is mobilized, HSA drilling is not required. Bulk samples will be collected in 5-gallon buckets, roughly 2/3 full. No SPT sampling is required for the pavement borings.

The drilling contractor will provide ten (10) 5-gallon buckets with lids, six (6) core boxes for sample collection, and sufficient cold patch for borings advanced within the roadway.

FHWA will assist in coordinating an area to stage the drill rig overnight if needed.

FHWA will provide personnel on-site to determine the boring locations and depths, log the borings, and collect samples. Work is anticipated to take place between August and

September of 2023, as agreed upon by the FHWA and the drilling contractor.

Please provide costs pertaining for the following:

1. Mobilization/Demobilization (Lump sum).

2. Drilling rate (per foot rate, to include equipment, operator, helper, support truck, and all other equipment and supplies required to perform drilling). Please provide a rate for

“a)” and/or “b)” depending on drill fleet capabilities and availability.

a. HSA, DTH and HQ3 Core Drilling rates. Estimate 35 LNFT HSA, 110 LNFT

DTH, and 30 LNFT HQ3.

b. Sonic and HQ3 Core Drilling rates. Estimate 145 LNFT Sonic and 30 LNFT

HQ3.

3. Stand-by rate due to weather (please provide an hourly rate less than drilling rate to be paid if needed).

4. On-Site move rate (please provide an hourly rate less than drilling rate).

5. Per Diem (Daily rate per person)

6. Water truck or trailer with an appropriate capacity to handle the drilling conditions and an adequately powered pump (daily rate). Water will not be provided and will need to be coordinated and supplied by the driller.

7. Traffic control subcontractor’s experience and estimate.

8. Rough estimate of misc. expenses. (10 buckets and lids, 6 wax impregnated core boxes, cold patch, etc.)

9. Business Classification, and DUNS Number

10. Other notable items: Davis Bacon wages are not applicable as this is a service contract and not a construction contract.