Instructions_to_Offerors_Open_Market_Paving_.doc

1.0 Requirement

This requirement is being solicited as a lowest price technically acceptable (LPTA) requirement.

2.0 Contract Clauses

· 52.212-4 Contract Terms and Conditions -- Commercial Items;

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items -The following FAR contract clauses will apply:

· 52.252-2 Clauses Incorporated by Reference.

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): https://acquisition.gov/far/ (End of clause)

· 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

· 52.204-7 System for Award Management

· 52.204-13 System for Award Management Maintenance.

-The following DOL specific contract clauses will apply:

DOL ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

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

(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(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 Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:

Procedures:

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to: DOL-MSHA@quickpay.dol.gov Electronic PDF/TIFF Invoice Submittal:

In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically.

(1) The contractor shall:

a. Address the invoice to the appropriate e-mail address specified in the contract.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, MSHA, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Example: ABC Co, MSHA, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(2) The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment, as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

e. Attempt to use the “Recall or Resend” email message feature.

(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to MSHAInvoiceInquires@dol.gov.

The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (1) d. above.

Example: INQUIRY: <Contractor Name>, MSHA, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

(e) Invoice requirements. Invoices shall comply with FAR 32.905.

(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

When invoices must be faxed due to e-mail size limitations, fax them to:

MSHA Finance at 303-231-5597

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address: MSHA Finance, PO Box 25367, DFC, Denver, CO 80225-0367 (End of clause) DOL’s Contractor’s Obligation to Notify the Contracting Officer of a Request to Change the Contract Scope

(a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state:

(1) The date, nature, and circumstances of the conduct regarded as a change in scope;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct;

(3) The identification of any documents and substance of any oral communication involved in such conduct;

(b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer.

(c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either:

(1) Confirm that the Contractor’s notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract;

(2) Deny that the Contractor’s notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or

(3) In the event the Contractor’s notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(End Clause) 52.222-99, Establishing a Minimum Wage for Contractors (JULY 2014)

(DEVIATION)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the

President’s Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between

January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the

Secretary of Labor’s annual determination of the applicable minimum wage under section

2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the

Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on http://www.wdol.gov/ (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the

Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(End of clause)

3.0 Basis of Award

3.1 The Government is seeking to award a firm fixed price contract for to resurface and repair drainage in G lot and to repair potholes in all other areas at the NMH&S Academy.

3.2 The Government will award a contract resulting from this Request for Quotation (RFQ) to the responsible offeror whose offer, conforming to the RFQ, will be the lowest price technically acceptable proposal to the Government. A decision of technically acceptability will be made comparing the quote to the Statement of Work and specifications/drawings of this project. We will also evaluate the submission of the Confirmation of Project Completion schedule and completion of the attached SF1449 with Block 24 on pages 1&2 completed with Item 0001 and 0002 pricing. Complete Block 29 with your overall proposed price and block 30a & 30b signed and completed.

3.3 The Government reserves the right to award without discussions; therefore it is critical that each quote be fully responsive. However, the Contracting Officer also reserves the right to conduct discussions if later determined to be necessary.

4.0 Quote Submission Requirements

4.1 Contractors submitting quotes must be registered in the System for Award Management (SAM) with complete Representations and Certifications.

4.2 Quote submissions must include pricing and the following documentation:

Confirmation of Project Completion:

In your quote submission, confirm that you can meet the completion date of 09/30/2014 based on an award date of 08/28/2014. If you cannot, comment as to why and provide a date/schedule of your proposed completion.

Proposed Contract Schedule

4.3 Offerors who fail to complete and submit the requirements above may be considered non-responsive 5.0 Site Visit Information

A site visit is set for 10:00am on Tuesday, August 19, 2014. The site POC is Nathan Cripe, 304-256-3482. All questions should be directed in writing to Contracting Specialist, Tisa Harvin, via email, harvin.tisa@dol.gov. The request for information (RFI) cut off is 5:00pm August 21, 2014.

Quotes are due at 10:00am Thursday, August 26, 2014.

Specifications/Drawing