D- Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

M6786122Q0014 05-May-2022

b. TELEPHONE NUMBER

504-697-8354

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 11 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M678619. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTIAN A. DOMINGUEZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MARFORRES REGIONAL CONTRACTING OFFICE

MFR RCO

2000 OPELOUSAS AVE

NEW ORLEANS LA 70114

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M29440 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CLR 45 LS CO

KOLLIN CRAIG

1004 COUNTY ROAD 8A

CHAPMAN RANCH TX 78347

TEL: FAX:

FAX:

TEL: 504-697-8348 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

532412

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF50

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6786122Q0014

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

HEAVY EQUIPMENT RENTAL

ISO IRT NUECES COUNTY, TX

SECTION 1 - GENERAL INFORMATION

1.1 SCOPE OF WORK. The Nueces County IRT Project will need to rent heavy equipment in order to complete required work for a community partnership project.

1.2 CONTRACTOR POINT OF CONTACT. The contractor shall provide at least one (1) point of contact that will be available 24 hours/ 7 days per week, in case of any contingency. This POC will be on site at the time the equipment is delivered to conduct the initial inspection. The Contracting Officer Representative (COR) will communicate all issues concerning rental equipment with the contractor’s POC throughout the Period of Performance (see section 6 Period of Performance).

1.3 Contracting Officer Representative (COR) will be identified at award of the contract. All terms and conditions of the contract are only approved by the Contracting Officer. The COR has no authority to change terms and conditions of the contract.

SECTION 2 - DEFINITIONS

2.1 TECHNICAL DEFINITIONS PECULIAR TO THIS PWS.

2.1.1 Acceptance inspection - An inspection shall be performed on all vehicles and equipment before placing them in service at the time the equipment is delivered. This inspection shows the overall condition of the vehicle.

Discrepancies must be fixed before putting the vehicle in service, if use of the vehicle would aggravate the problem or if the discrepancy creates a safety hazard. The contractor shall provide the inspection sheets in accordance with the contractor’s standard procedures.

2.1.2 Accident repairs - Repairs required as a result of collision; regardless of whether the object collided with a vehicle, or whether the vehicle requiring repairs was the moving unit.

2.1.3 Criminal act - A violation of a civil law.

2.1.4 Disabled vehicle - A damaged, worn out, or malfunctioning vehicle.

2.1.5 Fair wear and tear - The deterioration of items attributed to normal usage.

2.1.6 Scheduled maintenance - Periodic prescribed inspections or servicing of equipment, accomplished on a calendar, mileage, or hours-of-operation basis.

2.1.7 Unscheduled maintenance - Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition.

2.1.8 Heavy Duty Equipment (HDE)- heavy-duty vehicles, specially designed for executing construction tasks, most frequently ones involving earthwork operations. The term vehicles throughout the PWS imply HDE.

2.1.9 Tractor Trailer (TT) – Contractor provided transportation to move HDE between project locations within 24 hours of notification from the COR

2.1.10 Contracting Officer Representative (COR)- is the Government’s Point of Contact assigned as a COR by the Contracting Officer to oversee and report the contractor’s performance. The COR is NOT authorized to make any changes to this contract. Only a warranted Contracting Officer (CO) is authorized to make changes to this contract.

In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

SECTION 3 - GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1 Keys will be removed and maintained by Government personnel from contractor-provided equipment and cabs locked at the end of each work day. Equipment will be staged on county owned property or county secured lots.

SECTION 4 - CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 GENERAL. Contractor shall provide specified vehicles under Task 2 and all services required under Task 1 to keep the vehicles in a safe, operational condition. Vehicles will be delivered within the timeframe agreed to in this contract and must meet the minimum acceptance criteria provided herein.

4.1.1 Insurance. The contractor will carry insurance to cover the cost for replacement or repair of vehicles lost, stolen or damaged through criminal acts, natural acts (commonly called acts of God), or hostile acts. This is to preclude the government from being held liable for claims generating from any of the above.

4.1.2 Records. The contractor should maintain records of transactions with the US Government and, upon request, make such records available to properly designated COR within a reasonable period of time.

4.1.3 Rental Equipment condition. The following minimum criteria shall be met at the time of the acceptance inspection:

4.2.1 Condition. Both the exterior and the interior of the vehicles must be free of excessive soil, rust, and damage.

4.2.2 Safety Items. Each vehicle must meet all safety and manufacture requirements and have, as a minimum, the following safety features: seatbelts, rear view mirrors, windshield wipers, parking brake, fire extinguishers and horn.

4.2.3 Heating and Air Conditioning. Contractor shall ensure that Air Conditioning systems in vehicles remain in working condition for the duration of the period of performance. If the Air Conditioning system in a vehicle fails during the period of performance, the contractor shall repair it, or replace the vehicle at the contractor’s option, within 8 hours. If contractor chooses to replace the vehicle, the new vehicle must meet the same standards as the vehicle being replaced. Vehicle replacement shall not result in additional costs to the Government.

SECTION 5- TASKS

5.1 TASK 1 MAINTENANCE SERVICES. The contractor shall provide the following services:

5.1.1 Maintenance. The contractor shall perform both scheduled and unscheduled maintenance at a facility the COR designates or on site. The contractor will provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear such as windshield wipers, tires, headlamps, filters, fluids, and lubricants, oil changes, oil filter, etc. The Government has provided the equipment operational tempo under section 6 of this PWS in order to assist the contractor in the planning any maintenance that may be needed, scheduled or unscheduled.

5.1.1.1 Initial inspection: if a vehicle fails the initial inspection due to any maintenance issues, acceptance of the equipment will not be made unless the discrepancies are corrected within 24 hours. Failure to pass the initial acceptance inspection in the timeframe specified may result in a monetary loss to the contractor, as the period of performance for that vehicle/equipment will not start until the vehicle/equipment passes the initial inspection and it is deemed 100% operational.

5.1.2 Contingency support. Contingency support includes repairs that are vital to the function of the equipment.

Diagnosed and repairs to all damaged vehicles shall be conducted in a 24 hour period after malfunction has been identified. Replacements shall be provided for all vehicles that are out of commission within the timeframe of 24 hours. If replacement vehicle cannot be provided within specified amount of time, contractor may be found in non-compliance.

5.1.3 Recovery. Upon proper notification, the contractor will recover disabled vehicles. This service should be available 24 hours a day. If the recovery service is not available 24 hours a day, alternatives shall be presented to the COR and decided on by the Contracting Officer.

5.1.4 Accidents. Contractor shall provide an emergency contact sheet in each vehicle that the driver can hand out in the event of a motor vehicle accident which lists the contractor’s contact information and procedures for handling the situation.

5.2 TASK 2: RENTAL SERVICES. The contractor shall provide the equipment that is listed below in accordance with the salient characteristics. BRAND NAME OR EQUAL IS ACCEPTED. Salient characteristics follow:

5.2.1 CLIN: 0001 Compact Track Loader / Skidsteer : Quantity of one (1)

Brand Name Equivalent: ____Caterpillar 299D3 Skidsteer____ Measurements approximately: length: 154.7” w/ bucket width: 76” height: 83.6” weight: 11464 lbs Shall include a high flow hydraulic coupler to run attachments Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required

Period of Performance: 7 June 2022 until 30 June 2022.

5.2.2 CLIN: 0002 Skidsteer Bucket: Quantity of one (1)

Brand Name Equivalent: ____Caterpillar 1730MM (68”), Bolt on Cutting Edge____ Measurements approximately: length: 27.9”, width: 68.1”; height: 16.8”; weight: 551.2 lbs Shall have a bucket capacity at least : 0.52 cy Shall be compatible with CLIN : 0001

5.2.3 CLIN: 0003 84” Padfoot Drum Compactor/Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar CP68B

Shall have an 84” padfoot drum roller Government will provide fuel

5.2.4 CLIN: 0004 Motor Grader w/ scarifier: Quantity of three (3)

Brand Name Equivalent: Caterpillar 120M

Shall have a blade length at least 12’

Shall have scarifier attachment Delivery/ Pickup: 7 June 2022 until 30 June 2022.

5.2.5 CLIN: 0005 84” Smooth Drum Compactor/Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar CS68B

Shall have an 84” smooth drum roller

Period of Performance: 7 June 2022 until 30 June 2022.

5.2.6 CLIN: 0006 Wheeled Loader: Quantity of one (1)

Brand Name Equivalent: Caterpillar 926M

Shall come equipped with bucket having at least 2.5 cubic yard (CY) capacity

Contractor will provide Diesel Exhaust Fluid (DEF) if required DEF capacity: 5 gal

Period of Performance: 7 June 2022 until 30 June 2022.

5.2.7 CLIN: 0007 Water Truck 4000 Gallon: Quantity of two (2)

Brand Name Equivalent: WT4000; Peterbilt

Fuel Type: Diesel, Fuel Capacity: 65 gal DEF capacity: 5 gal Shall have front and rear water distributors Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required Shall have automatic transmission

Period of Performance: 7 June 2022 until 30 June 2022.

5.2.9 CLIN: 0008 Pneumatic Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar CW16 11-wheel

Delivery Address:

1004 County Road 8A Chapman Ranch, TX 78347

SECTION 6- PERIOD OF PERFORMANCE

6.1 Period of Performance will start on 7 June 2022 and will end on 30 June 2022. The total rental period is for 4 weeks (24 days).

6.2 Vehicle Operational Tempo. The vehicles will be operated for 10 hour work days, 6 days per week

6.3 Delivery and Pickup. The company will be responsible for providing drivers who will pick-up and drop off the vehicles. Operator will off-load and on-load the HDE and conduct a final inspection prior to turning the equipment over to the Contracting Officer Representative. See para 2.1.1 Acceptance inspection for reference.

6.3 Delivery location will be in the vicinity of 1004 County Road 8A, Chapman Ranch, TX 78347. Delivery POC phone number is TBD.

6.4 Transportation Cost. Transportation cost is the responsibility of the contractor to and from the delivery location.

6.5 Movement between sites. Tracked equipment will be required at multiple project sites with a 20-mile radius of Robstown, TX during the project lifespan. As a project is nearing completion and within 24 hours of being notified by COR the rental company shall transport equipment to follow on job sites.

SECTION 7- POINTS OF CONTACT

7.1. GENERAL. This section identifies the points of contact of this contract.

7.1.1. Contracting Officer- SSgt Dominguez

7.1.2. Contracting Specialist: Sgt Taylor

7.1.3. Contracting Officer Representative: TBD

SECTION 8- PERFORMANCE MEASUREMENT

8.1 PERFORMANCE REQUIREMENTS SUMMARY

Task or Deliverable Performance Standard Acceptable Quality Level (AQL)

Surveillance Method Performance Measure

PWS Paragraph 5.1 Equipment Maintenance Services

Adherence to full requirements of paragraph

5.1 of the PWS

98% Compliance -Government Representative check.

-Operators complaints

- Engine light checks

100% of vehicles operational. No more than 2 operator complaints regarding equipment maintenance.

PWS para 5.1.2 Contingency support

Adhere to full requirements of paragraph

5.1.2 of the PWS

98% Compliance Government Representative inspection.

Diagnosis and repairs must be conducted within 24 hours or provide replacement equipment within 24 hours.

PWS para. 5.1.3 Recovery of disabled vehicles.

Adherence to full requirements of paragraph

5.1.3 of the PWS.

98 % Compliance Government Representative routine check.

Recovery of unserviceable vehicles within 24 hours.

PWS Paragraph 5.2 Rental equipment list

Provide all vehicles that adhere to the salient characteristics, in the exact quantities as stated in Para 5.2 List of rental equipment

98% Compliance Initial Inspection and acceptance conducted by the Contracting Officer Representative.

Timely delivery of all the equipment listed on para 5.2 in accordance with section 6, Period of performance.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Compact Track Loader / Skidsteer

FFP

Measurements approximately: length: 154.7” w/ bucket width: 76” height: 83.6” weight: 11464 lbs Shall include a high flow hydraulic coupler to run attachments Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required

FOB: Destination

PSC CD: W039

NET AMT

0002 1 Each Skidsteer Bucket

FFP

Measurements approximately: length: 27.9”, width: 68.1”; height: 16.8”; weight:

551.2 lbs Shall have a bucket capacity at least : 0.52 cy Shall be compatible with CLIN : 0001

0003 1 Each 84” Padfoot Drum Compactor/Roller

FFP

Shall have an 84” padfoot drum roller Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required

0004 3 Each Motor Grader w/ scarifier

FFP

Shall have a blade length at least 12’ Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required Shall have scarifier attachment

0005 1 Each 84” Smooth Drum Compactor/Roller

FFP

Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required Shall have an 84” smooth drum roller

0006 1 Each Wheeled Loader

FFP

Shall come equipped with bucket having at least 2.5 cubic yard (CY) capacity Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required DEF capacity: 5 gal

0007 2 Each Water Truck 4000 Gallon

FFP

Fuel Type: Diesel, Fuel Capacity: 65 gal DEF capacity: 5 gal Shall have front and rear water distributors Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required Shall have automatic transmission

0008 1 Each Pneumatic Roller

FFP

Government will provide fuel Contractor will provide Diesel Exhaust Fluid (DEF) if required

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 07-JUN-2022 TO

30-JUN-2022

N/A CLR 45 LS CO

KOLLIN CRAIG

1004 COUNTY ROAD 8A

CHAPMAN RANCH TX 78347

M29440

0002 POP 07-JUN-2022 TO

30-JUN-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 07-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 07-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 07-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 07-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 07-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 07-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.211-6 Brand Name or Equal AUG 1999 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

APR 2020

252.237-7000 Notice Of Special Standards Of Responsibility DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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 and 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) Representations. 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)

ADDENDUM TO FAR 52.212-1

1 Combined Synopsis-Solicitation: This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

2 Brand Name or Equal: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract for the rental of various pieces of heavy equipment. All responses to this solicitation should indicate whether the firm is quoting an equal product. Descriptive literature is required with all offers for equal products. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation. Firms quoting "equal" items should provide the make, model, description of the items and product literature/brochures. This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation

3 Competitive Solicitation: This is a competitive solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract.

4 Small Business Set-aside: This requirement is a 100% Small Business set aside. The applicable NAICS is 532412 and the size standard is $35,000,000.

5 Market Research: Market research conducted via GSA Advantage revealed that there is a reasonable expectation of obtaining two or more offers from small business concerns.

FAR Part 19.502-2 (a) - Each acquisition of supplies or services that has an anticipated dollar value above the micro-purchase threshold, but not over the simplified acquisition threshold, shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.

Marine Forces Reserve Small Business Program Deputy Director concurs with this action.

6 Offer Submissions: Submit offers electronically via email addressed to adia.taylor@usmc.mil and christian.dominguez1@usmc.mil as a pdf file. All offers should include an overall total price in addition to individual pricing by contract line item (CLIN) as indicated in this solicitation. Emailed offers may not exceed 5MB in size due to server/network restrictions, multiple emails may be submitted if necessary to ensure timely and complete receipt of your offer, only pdf email attachments are authorized as any other email attachment types may be rejected by this agencies servers.

7 Award Basis: In accordance with FAR 15.101-2 Lowest Priced Technically Acceptable source selection process and outlined in FAR 52.212-2 Evaluation-Commercial Items instructions included in this solicitation, the Offeror(s) bid/proposal will be evaluated on the following award basis:

Lowest-priced technically acceptable (LPTA) source selection procedures. See the Technical Evaluation Template incorporated in FAR 52.212-2 in this solicitation (for Contractor awareness only).

8 Offers Accepted: The Government will accept Open Market offers. All applicable MAS contract provisions and clauses are applicable to this solicitation and to any resulting task/delivery order award.

9 Offers Considered: The Government will consider brand name or equal (BN/E) offers in response to this solicitation.

10 Method of Invoicing/Payment: Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 WAWF Instructions.

11 Customer Contact: Any direct customer contact by Offerors is not authorized during the solicitation phase or your offer may be at risk of being eliminated from consideration for this solicitation.

12 Solicitation Questions: NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS in regards to this solicitation shall be sent in writing via email to adia.taylor@usmc.mil and christian.dominguez1@usmc.mil. All responses to Industry questions for competitive solicitations will be posted publicly via a solicitation amendment on the agency website solicited.

13 Award: The Government reserves the right to make award solely on initial offers received on an all or none basis or on a multiple award basis. If a partial award will not be accepted, so state on the face of your offer. The Government does not guarantee award in response to this solicitation.

14 Late Offers: Offers are considered late if not received by the solicitation closing date, time, and time zone.

Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) are submittted in accordance with all solicitation instructions before the deadline specified in the solicitation.

OFFERS SHALL INCLUDE THE FOLLOWING:

15 Company Identifiers/POC: CAGE code, UEI number, Address, and Points of contact (POC)

16 Delivery/POP Dates: Delivery lead time after receipt of order for supplies and period of performance for services if different than listed in the delivery section of this solicitation. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the offer and not incorporated as a link or other attachment.

17 Prompt payment/discount terms: This will not be used to evaluate offers.

19 Part Numbers: Manufacturer Part Number and Contractor Part Number (if different) is required for all contract line items in this solicitation.

20 Product Literature: Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

21 Wage Determinations: This solicitation includes contract line items (CLIN) for services therefore a wage determination is assumed to be applicable to this solicitation. Offerors should provide self-certification in FAR 52.212-3(K)(1) or (2) for a formal determination for the services listed in this solicitation (unless already marked in the SAM.gov self-certifications). If a wage determination is deemed not applicable based on self-certification responses, the wage determination will be removed/excluded upon final award. If self-certification is not provided or certification responses indicate the wage determination is applicable, the wage determination will be included upon final award. The full text of this FAR clause is included in this solicitation and can also be found at http://farsite.hill.af.mil/vffar.htm. Wage determination updates post solicitation may be necessary and included in the final award. Wage determination updates post award will be effected by a formal contract modification issued by a warranted procuring contracting officer.

22 Provisions/clauses/attachments/table listed below requires completion:

1. Offeror(s) should complete the following full-text provisions/clauses (if included in this solicitation) manually within this solicitation document or printed and completed manually by copying and pasting from this link https://www.acquisition.gov/:

FAR 52.204-24 for all solicitations FAR 52.212-3 for all solicitations

23 Solicitation Contract Line Item Number (CLIN) Structure: Potential Offerors should submit offers in the same CLIN structure as outlined in the solicitation for offer evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

24 Assignment of Claims: Potential offerors that may need an Assignment of Claims as described in FAR 32.8 (copy/paste link into web browser: https://www.acquisition.gov/.GOV should include a statement on offer that "Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation should be submitted with offer or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in offer or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.

25 System for Award Management (SAM.gov or beta.SAM.gov): Potential offerors not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award.

Registration may take up to 10 business days to be visible at SAM.gov, therefore, affected offerors should provide proof of registration/date with offer submittal. Contact SAM.gov website points of contact if you need assistance with registration

26 Performance Based Services: The Government reserves the right to incorporate all or part of the successful offeror's proposal into any contract awarded pursuant to this solicitation. In the event of any conflict between the successful offeror's proposal, which is incorporated into the contract awarded pursuant to this solicitation, and any other portion of the contract, the conflict shall be resolved in favor of the contractual terms that were provided in the Government's solicitation. Moreover, in the event that the successful offeror's proposal exceeds any solicitation requirement it will become the minimum or threshold contract requirement.

PWS CONTRACTING ADDENDUM

Contracting Officer’s Representative (COR): The COR/technical point of contact (TPOC) will be determined at time of award. The COR is not authorized to make any changes to this contract. Only a warranted Contracting Officer (CO) is authorized to make changes to this contract. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

Contractor Support: The contractor should designate a single point of contact with complete authority to make decisions on all technical matters connected with this purchase. That individual will be the single point of contact with whom the Contracting Officer’s Representative may interact for all support requests outlined in the Performance Work Statement (PWS) included in this solicitation.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Basis of Single Award - Lowest Price Technically Acceptable (LPTA)

1. Offers will be evaluated using a single award lowest price technically acceptable (LPTA) process among cost or price and non-cost factors.

The actual evaluation basis is incorporated into this solicitation for offeror reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only. The following factors should be used to evaluate offers: Technical Acceptability is defined as meeting all the tasks and delivery schedule stated in the Performance Work Statement (PWS).

(i) Technical Acceptability will be evaluated by comparing the offeror’s quote to the tasks and delivery schedule in the PWS. The offeror shall include descriptive narrative in the quote to ensure that the tasks and delivery schedule are meet in accordance with the PWS, for evaluation purposes.

(ii) Price will be evaluated to determine offer fair and reasonable.

(iii) Past Performance will be evaluated to determine responsibility of the offeror to satisfy the requirement. Technical Acceptability (i) will be the primary evaluating factor for this requirement followed by Price (ii) then Past Performance (iii) in order of precedence.

2. Past performance will be rated on an "acceptable" or "unacceptable" basis. The apparent successful, prospective contractor must have acceptable past performance. The Contract Performance Assessment Reporting System (CPARS)/Federal Awardee Performance and Integrity Information System (FAPIIS) application (https://www.cpars.gov) will be used in the evaluation of contractors' past performance history for the FSC/PSC of the services being purchased. Any contractor with 1 or more unsatisfactory past performance ratings in the past 3 years for the same FSC/PSC services being procured in this solicitation will be rated as 'unacceptable'. If no record of negative past performance can be found, the contractor may not be evaluated favorably or unfavorably on past performance.

In the case of an apparent successful, prospective contractor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance. Therefore, the contractor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" will be considered "Acceptable."

3. Offer will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest priced offer is determined technically unacceptable, the next lowest priced offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until a offer is deemed technically acceptable, past performance evaluation performed, and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for offeror reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only.

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY ACCEPTABILITY

DETERMINATION (v8.22.2019)

PR / Nomenclature: Heavy Equipment Rental- Nueces County, TX Solicitation #: M67861-22-Q-0014

TECHNICAL ACCEPTABILITY SECTION 1:

Salient Characteristics or SOW/PWS Tasks

Technically Acceptable

Not Technically Acceptable

Explain in Detail Why Bid Not Technically Acceptable

Contractor shall provide specified vehicles under Task 2 and all services required under Task 1 to keep the vehicles in a safe, operational condition.

Vehicles will be delivered within the timeframe agreed to in this contract and must meet the minimum acceptance criteria provided herein.

Contractor shall ensure that Air Conditioning systems in vehicles remain in working condition for the duration of the period of performance. If the Air Conditioning system in a vehicle fails during the period of performance, the contractor shall repair it, or replace the vehicle at the contractor’s option, within 8 hours. If contractor chooses to replace the vehicle, the new vehicle must meet the same standards as the vehicle being replaced. Vehicle replacement shall not result in additional costs.

The contractor shall perform both scheduled and unscheduled maintenance at a facility the COR designates or on site. The contractor will provide all parts, labor, and expertise necessary to complete required maintenance tasks.

Parts include those items that must be replaced due to fair wear and tear such as windshield wipers, tires, headlamps, filters, fluids, and lubricants, oil changes, oil filter, etc. The Government has provided the equipment operational tempo under section 6 of this PWS in order to assist the contractor in the planning any maintenance that may be needed, schedule or unscheduled

CLIN: 0001 Compact Track Loader / Skidsteer : Quantity of one (1) Brand Name Equivalent: Caterpillar 299D3 Skidsteer

• Measurements approximately: length:

154.7” w/ bucket width: 76” height:

83.6” weight: 11464 lbs

• Shall include a high flow hydraulic coupler to run attachments

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required Period of Performance: 7 June 2022 until 30 June 2022

CLIN: 0002 Skidsteer Bucket: Quantity of one (1) Brand Name Equivalent: Caterpillar 1730MM (68”), Bolt on Cutting Edge

• Measurements approximately: length:

27.9”, width: 68.1”; height: 16.8”;

weight: 551.2 lbs

• Shall have a bucket capacity at least :

0.52 cy

• Shall be compatible with CLIN : 0001 Period of Performance: 7 June 2022 until 30 June 2022

CLIN: 0003 84” Padfoot Drum Compactor/Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar

CP68B

• Shall have an 84” padfoot drum roller

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required Period of Performance: 7 June 2022 until 30 June 2022

CLIN: 0004 Motor Grader w/ scarifier:

Quantity of three (3)

Brand Name Equivalent: Caterpillar 120M

• Shall have a blade length at least 12’

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

• Shall have scarifier attachment Delivery/ Pickup: 7 June 2022 until 30 June 2022

CLIN: 0005 84” Smooth Drum Compactor/Roller: Quantity of one (1)

Brand Name Equivalent: Caterpillar

CS68B

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

• Shall have an 84” smooth drum roller Period of Performance: 7 June 2022 until 30 June 2022

CLIN: 0006 Wheeled Loader: Quantity of one (1) Brand Name Equivalent: Caterpillar 926M

• Shall come equipped with bucket having at least 2.5 cubic yard (CY) capacity

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

• DEF capacity: 5 gal Period of Performance: 7 June 2022 until 30 June 2022

CLIN: 0007 Water Truck 4000 Gallon:

Quantity of two (2) Brand Name Equivalent: WT4000;

Peterbilt

• Fuel Type: Diesel, Fuel Capacity: 65 gal

• DEF capacity: 5 gal

• Shall have front and rear water distributors

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

• Shall have automatic transmission Period of Performance: 7 June 2022 until 30 June 2022

CLIN: 0008 Pneumatic Roller: Quantity of one (1) Brand Name Equivalent: Caterpillar CW16 11-wheel

• Government will provide fuel

• Contractor will provide Diesel Exhaust Fluid (DEF) if required

Period of Performance: 7 June 2022 until 30 June 2022

Technical Evaluator's Printed Name Signature Date

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities…