1_Solicitation for Coffman Cove IDIQ.pdf

REQUEST FOR PROPOSAL

Solicitation: DTFH70-09-R-00015

Coffman Cove Single Award Task Order Contract (SATOC) Indefinite Delivery, Indefinite Quantity (IDIQ)

This solicitation cites Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, Metric or U S Customary Units

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone (360) 619-7520 -- FAX (360) 619-7932

Web site: www.wfl.fhwa.dot.gov/edi/ E-mail: wfl.contracts@fhwa.dot.gov

QUICK INDEX

Page Item -- Offer Submittal Checklist i Authority to sign NTO-1 Notice to Offerors A-1 SF 1442 Offer, Sol, and Awd B-1 Submitting prices C-1 Overview C-1 IDIQ specifications F-1 Contract start/end dates G-1 Contracting Officers H-1 HUBZone requirements I-1 Clauses J-1 First Task Order K-1 Representations, Certifications, and

Other Statements of Offerors or Respondents

L-1 Instructions, Conditions, and Notice to Offerors

L-8 Submitting your proposal L-11 Forms to be submitted M-1 Evaluation Factors

Proposal Due Date: See page A-3, Block 13A.

NAME: Coffman Cove Single Award Task Order Contract (SATOC)

Indefinite Delivery, Indefinite Quantity (IDIQ)

FOREST Tongass

BUROUGH Prince of Wales

STATE Alaska

Offer Submittal Checklist

Coffman Cove SATOC IDIQ

Before submitting your offer, please review the following:

Done?

Is this in the envelope?

Bid Envelope Did I correctly address the envelope? (See page A-1, blocks 7 & 8) Does the lower left corner of the envelope include the Solicitation Number and the words “Coffman Cove SATOC IDIQ”?

Inside Envelope #1 (Part A – IDIQ Submittals) General Info

Pages A-1 & A-2 (SF 1442, Solicitation Offer & Award) Did I include our firm name and address in block 14?

Did I include our firm’s phone number in block 15?

Did I include our firm’s remittance address in block 16?

(Use when different than block 14)

Did I include my DUNS number?

Did I include the number & date of all amendments in block 19?

Did the appropriate official sign/date in block 20A, 20B & 20C?

Authority to Sign Did I include a completed form for each person signing the SF1442 and Bid Bond?

Representations & Certifications

Did I include the completed pages K-1 through K-12?

Bonding Letter Did I include the letter from my surety agent or bonding agent?

Technical Info - Forms Did I include the completed Work Experience Forms (M-7 through M-10)?

Did I include the completed Contract Management Past Performance form (M-11/M-12)?

Did the Owner/Agency submit their Project Past Performance form (M-13/M-14) directly to the Western Federal Lands’ office?

Inside Envelope #2 (Part B – Task Order Submittals)

See task order for submittals needed.

Other Online Representations & Certifications Application (ORCA) http://orca.bpn.gov Did I verify that our data in ORCA is up-to-date?

Central Contractor Registration (CCR) http://www.ccr.gov Did I ensure our firm is currently registered in CCR?

Vets100 Reporting http://vets.dol.gov/vets100/ Did I ensure our firm has completed this annual report?

NOTE: The Contractor is fully responsible to verify that all data is correct each time an offer package is submitted. Failure to properly input and/or update your data may cause the offer to be rejected.

i

Project: Coffman Cove SATOC IDIQ

INSTRUCTIONS: When the offeror/principal is a corporation, include this certification with your offer/bid.

Corporate Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the corporation named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this corporation;

that the offer was duly signed for and on behalf of said corporation by authority and scope of its governing body, and within the scope of its corporate powers.

_____________________________________ (signature) Affix Corporate Seal

_____________________________________ (title) ii

INSTRUCTIONS: When the offeror/principal is a limited liability company, include this certification with your offer/bid.

Limited Liability Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the limited liability company named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this company;

that the offer was duly signed for and on behalf of said company by authority and scope of its governing body, and within the scope of its powers.

_____________________________________ (signature) Affix Company Seal (as applicable) __________ _________________________ (title) iii

INSTRUCTIONS: When the offeror/principal is a partnership, include this

Authority to Bind Partnership

This certifies that the names and signatures of all partners are listed below, and that the person signing the proposal has the authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all partners) iv

INSTRUCTIONS: When the offeror/principal is a joint venture, include this

Authority to Bind Joint Venture

This certifies that the person signing the proposal has the authority to actually bind the joint venture pursuant to its joint venture agreement, and that each of the named persons listed below individually has full authority to enter into and execute contractual instruments on behalf of said joint venture, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all applicable individuals) v

INSTRUCTIONS: When the offeror/principal is a sole proprietorship, the signature on the offer/bid and on the bonds must be as follows:

Sole Proprietorship Requirement

An Offeror/Principal that is a sole proprietorship must submit an offer/bid and a bond signed by the sole proprietor, or by one duly authorized to sign for the sole proprietor.

If the signature is by someone other than the sole proprietor, a copy of the power of attorney authorizing the individual to sign must be provided with the offer/bid.

NTO- 1

Notice to Offeror

NOTICE TO OFFERORS

I. Project Location.

The projected work for this contract is located southeast of Coffman Cove, Alaska in the Tongass National Forest.

II. Solicitation Overview

We intend to award one Indefinite Delivery/Indefinite Quantity (IDIQ) Single-Award Task Order Contract (SATOC) to the successful contractor. All work will be awarded on a Task Order basis. See page C-1 for further overview details.

III. Pre-proposal Information.

FP-03 - This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 Metric or US Customary Units. Paper copies of the FP-03 are for sale by the U.S. Government Printing Office. An electronic version may be found at http://www.wfl.fha.dot.gov/design/specs/fp03.htm. Most task order work will be issued in Metric units.

REPS & CERTS - Submit or update Representations and Certifications online at http://orca.bpn.gov prior to bid submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see Section K, beginning on page K-1).

NOTICE OF CCR REGISTRATION – You must be registered in the Central Contract Registration (CCR) prior to award of this contact. Failure to register prior to contract award will require award to be offered to the next successful registered Offeror. If you need to register, go online at www.ccr.gov or call toll free: 888.227.2423.

Solicitation Discrepancies: If an offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer (CO) in writing with supporting rationale.

Price Evaluation Factor. This solicitation contains a Price Evaluation Factor. We will apply a price evaluation factor of 10% to an offer submitted by a large business that is considered for award when we also receive an offer from a HUBZone small business that is considered equal in performance criteria; the 10% factor does not apply to an offer submitted by a small business that is selected for award. See FAR Clause 52.219-4.

Form SF 1442 - Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions in Part IV, Section K.

NTO- 2

Notice to Offeror Project: Coffman Cove SATOC IDIQ

Failure to furnish or complete any of the above may result in your offer being considered nonresponsive and being rejected.

FAX - Facsimile offers are not authorized for this solicitation. Offers may be modified or withdrawn by facsimile, if such notice is received by the time specified for receipt of offers. The Government will not be responsible for any failure attributable to the transmission or receipt of facsimile data. See FAR Provision 52.215-5, Facsimile Proposals. FAX 360-619-7932.

Proposal Submittals

See Subsection L.2 Submitting your Proposal (page L-8).

IV. Post Award Information.

Contractor Performance Evaluations. FHWA is now posting evaluations in the National Institutes of Health’s Contractor Performance System (CPS) for completed projects. If you have not done so already, register at https://cpscontractor.nih.gov. A user’s manual can be found at https://cps.nih.gov/infopage.asp by selecting the “CPS Info” button and then the “Contractor’s User Manual” link located in the “Contractor Information” column.

Task Orders – All work will be issued by Task Order. The initial Task Order will be issued with this IDIQ solicitation and will be used to determine price competitiveness. Subsequent Task Orders will be issued on a sole source basis to the selected contractor.

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page SOLICITATION, OFFER, AND AWARD DTFH70-09-R-00015 Sealed Bid (IFB) 5/6/2009 A-1

(Construction, Alteration, or Repair) x Negotiated (RFP) IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. Contract No. 5. Requisition/Purchase Request No. 6. Project No.

N/A Coffman Cover IDIQ

7. Issued By Code: N/A 8. Address Offer to Code: N/A U.S. Department of Transportation Attn: Contracts Section Federal Highway Administration 610 East Fifth Street .

Vancouver WA 98661-3801

A. Name B. Telephone No. (Include area code) (No Collect Calls)

See page A-3. 360.619.7520 9. For Information Call:

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

This solicitation is designated Coffman Cove SATOC IDIQ, Tongass National Forest, Prince of Wales Borough, Alaska

IN STRICT ACCORDANCE WITH:

IDIQ Bid Schedule – page B-1 IDIQ Description/Specifications/Statement of Work – page C-1 Federal Acquisition Regulations (FAR) and Transportation Acquisition Regulations (TAR) Sections D through M

11. The Contractor shall begin performance within * calendar days and complete it within __*___ calendar days after receiving the award, notice to proceed. This performance period is mandatory negotiable. ( See specified on each Task Order .)

12A. The Contractor must furnish any required performance and payment bonds? 12B. Calendar Days (If “YES”, indicate within how many calendar days after award in item 12B.)

X Yes No (Required on a Task Order Basis)

Specified on each Task Order

13. Additional Solicitation Requirements:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM local time 6/5/2009. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is Is not required. (Required on a Task Order Basis) C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 Standard Form 1442 (REV. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1 (e)

A-2

OFFER (Must be fully completed by offeror)

15. Telephone No. (Include are code)

14. Name and Address of Offeror (Include ZIP Code)

Code Facility Code

16. Remittance Address (Include on it different than Item 14)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this is accepted by the Government in writing within 90 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D.

Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

Specified on each Task Order

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT

No.

DATE

20A NAME,TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 20B. SIGNATURE 20c. OFFER DATE

AWARD (to be completed by Government)

21. ITEM(S) ACCEPTED

Specified on each Task Order.

22. Amount

Specified on each Task Order

23. Accounting and Appropriation Data

Specified on each Task Order

25. Other Than full and open competition pursuant to 24. Submit Invoices to Address shown in (4 copies unless otherwise specified)

Item See Task Order 10 U.S.C. 2304(c) (_____) 41 U.S.C 253 (c) (_____)

26. Administered by Payment will be made by Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver WA 98661-3801

See Task Order

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. Name and Title of Contractor or Person authorized to sign (Type or Print) Julee McTaggart

31A. Name of Contracting Officer (Type or Print)

30b. Signature 30C. Date

31B. United States of America

By

31C. Award Date

STANDARD FORM 1442 BACK (REV. 4-85)

A-3

CONTINUATION SF 1442

Project: Coffman Cove SATOC IDIQ, Block 9 FOR GENERAL INFORMATION, call 360.619.7520 from the hours of 8:00 a.m. to

4:00 p.m. local time or e-mail us at wfl.contracts@fhwa.dot.gov. You can also submit questions online from our Western Federal Lands webpage as described below.

FOR TECHNICAL INFORMATION (plan and specification questions only), requests for technical information about this project will only be accepted in writing.

Submit questions via fax (360.619.7932) or e-mail at plans_spec@fhwa.dot.gov (plans_spec@fhwa.dot.gov).You can also submit questions online from our Western Federal Lands webpage as described below.

SUBMIT QUESTIONS ONLINE. You can submit your questions from our Western Federal Lands website http://www.wfl.fha.dot.gov/edi/current.htm.

• In “Advertised Projects”, scroll to the project.

• Click on “Technical Information Question” or “General Information

Question”, as applicable.

Previously asked and answered questions will be available for viewing on the website.

Block 11 COMPLETION DATE: See Subsection F.2 Period of Service (page F-1).

Block 12A PERFORMANCE & PAYMENT BONDS: Will be required on a Task Order basis.

Block 13B BID BOND AMOUNT: See FAR Clause 52.228-1, Bid Guarantee (clauses begin on page I-1).

Block 24 SUBMITTING INVOICES: Identified on each Task Order.

SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM. This solicitation is NOT a Small Business Set-Aside. However, award is made pursuant to the Small Business Competitiveness Demonstration Program which requires certain record keeping processes to determine what percentage of contract work is being awarded to certain business sizes. See Solicitation Provision 52.219-19, "Small Business Concern Representation for the Small Business Competitiveness Demonstration Program" in section K.

ESTIMATED PRICES. The price range of all work anticipated under this IDIQ is between $7 million and $18 million.

A-4

CONTINUATION SF 1442

Project: Coffman Cove SATOC IDIQ, RESERVED

Page B-1

The Schedule Coffman Cove SATOC IDIQ

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

All pricing will be submitted at the Task Order level, with each task order considered a separate contract.

All offerors must submit prices for the first project in response to this Request for Proposal. To submit prices for this IDIQ competition see the Task Order Book and the Task Order Plans for AK PFH 44(7) USFS 3030 Road Clean-up. Failure to submit prices will remove offerors from further consideration for award.

The Government intends to award the first project (AK PFH 44(7) USFS 3030 Road Clean-up) as Task Orders #1 under this IDIQ contract.

Page B-2

The Schedule

Page C-1

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C.1. OVERVIEW:

Western Federal Lands Highway Division (WFLHD) requires time critical removal of pyritic rock and replacement with inert embankment rock at intermittent sites along US Forest Service Road 3030 near Coffman Cove, Alaska. This will include aggregate production, excavation, embankment aggregate placement, removal/haul/placement of pyritic rock in designated locations, and fish passage pipe culvert installation. Other related highway work such as survey, surfacing, and traffic control may be included.

At the Contracting Officer’s discretion other highway work in the vicinity may be awarded under this contract.

Umbrella Contract - We intend to award one Indefinite Delivery/Indefinite Quantity (IDIQ) Single-Award Task Order Contract (SATOC) to the successful contractor. It is our intent to select one contractor as the successful contractor who will provide the coordination, oversight, and construction of projects on a task order basis.

Task Orders - All work will be awarded on a Task Order basis. As requirements develop and funding becomes available, Task Order Requests for Proposals (TO-RFP) will be issued. Task Orders will vary in size, ranging from $50,000 to approximately $7 million. Each Task Order is considered a separate contract.

Contract Minimum and Maximum - The minimum amount guaranteed for the life of the contract is the award amount for the initial task order. The total maximum quantity to be ordered is $18,000,000.00 for the length of the contract. The maximum for this contract is calculated as the sum of all Task Order awards, excluding all modifications within the scope of the contract.

At the Contracting Officer’s discretion, projects under $50,000.00 and over $7,000,000.00 may be solicited under this contract.

C.2. SPECIFICATIONS.

It is anticipated that the majority of work will generally incorporate specifications and design standards of American Association of State Highway and Transportation Officials (AASHTO), and Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03, Metric or U.S. Customary Units).

C.3.WAGE RATES.

Davis Bacon Wage Rates are applicable to construction task orders awarded under this contract.

By submitting an offer, the contractor agrees to comply with the Davis Bacon Wage Determination in effect at the time we issue the Task Order Request for Proposal (TO-RFP).

Page C-2

C.4. ANTICIPATED TASK ORDER WORK

The removal of pyritic rock, replacement with inert embankment rock at intermittent sites, and other associated work along US Forest Service Road 3030 will be accomplished by issuing work on a Task Order basis.

Construction project documents will usually include fully developed plans and specifications.

The Contracting Officer reserves the right to issue partially developed plans and specifications.

The following sites have been identified as needing clean-up. This list is tentative and subject to change. Actual work will be defined in the ordered Task Orders. See map on page C-6.

PLANNED CLEAN-UP SITES

Site/Location Price Range Task Order #1 – AK PFH 44(7) USFS 3030 Road Clean Up

Stream 6 (Stream 3021) Sta 22+196 $2 million - $3 million

Task Order #2 (tentative) Stream 8 - Sta 23+745 Stream 8 - Sta 23+965

Site 7- near 24+701 $2 million - $3 million

Task Order #3 (tentative) Stream 6 - Sta 22+391

Stream 6 - Sta 22+800 & 22+831 Stream 9 - Sta 24+701

Paving all of 3030 $5 million - $7 million

C.5. ORDERING PROCEDURES FOR TASK ORDERS

The contractor shall be responsible for providing the expertise, materials, equipment, and labor required to accomplish all construction tasks.

A. Task Order Summary of Work. When the Government requires work and time allows, a Task Summary of Work will be issued. The Summary of Work will provide a brief description of the project and the anticipated issue date. Project magnitude will be expressed in terms of a price range or a not to exceed dollar amount. This document may be issued via e-mail, fax, or mail.

B. Task Order Requests for Proposals (TO-RFP). When the Government requires work a TO-RFP will be issued. The TO-RFP will include information concerning the project such as, contract requirements, geotechnical reports, plan sheets, task order clauses, wage rates, fixed completion date and so forth.

1. Pre-award Task Order Expenses. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, or other pre-award task order costs.

2. Site Visits. The Government may or may not schedule a joint site visit for individual task orders. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers.

Page C-3

3. Response Time. The contractor shall respond by the date stated in the TO-RFP by submitting a proposal to the Contracting Officer. TO-RFP response time will vary from several days to 30 days, depending on the complexity and the urgency of the work.

4. Task Order Contract Type. Task orders will be firm fixed-price or firm fixed-price with an economic price adjustment.

5. Proposal Contents. Depending upon the requirements of each TO-RFP, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. The price proposal must contain a copy of all subcontractor and supplier quotes as required by paragraph b. Quotes from Subcontractors and Suppliers of this section (see below).

a. Contract Price. The Government's payment for the items listed in the Task Order Bid Schedule shall constitute full compensation to the Contractor for:

• Furnishing all labor, equipment, services, and materials; and

• Performing all operations required to complete the work in conformity with the task order plans and specifications.

All prices must be fair and reasonable. If required, audits may be performed. The Government may negotiate the proposal as deemed necessary.

b. Quotes from Subcontractors and Suppliers. Subcontractor and Supplier costs on a proposal must show adequate competition. Adequate competition may normally be assumed when there are at least two independent subcontractor and supplier quotes. On a case-by-case basis, the Contracting Officer may accept less than two quotes.

The contractor shall provide copies of subcontractor and supplier quotes with profit and overhead separately identified. The subcontractor and supplier quotes shall be in enough detail for the government to be able to discern the scope of the services and materials included in the quote.

c. Alternate Proposals. Upon receiving approval from the Contractor Officer, the Contractor may submit an Alternate Proposal that deviates from the TO-RFP requirements. This Alternate Proposal is in addition to the proposal for the minimum Task Order requirements. The Contractor shall clearly explain in the proposal cover letter how the Alternate Proposal deviates from the minimum Task Order requirements. The Government may award either proposal.

d. Task Order Award Notification. Notification of Task Order award will be via mail, e-mail or facsimile. The Task Order becomes binding when the Contracting Officer signs the order.

e. Notice to Proceed. The Notice to Proceed will be issued separately, after receipt of acceptable performance and payment bonds.

Page C-4

C. Task Order Format. Task Order documents will follow the format set forth below:

Section Content A Notice to Offeror A SF 1442, Solicitation, Offer and Award A Bid Schedule B Solicitation Provisions C Contract Clauses D Davis-Bacon Wage Rates E-G Special Contract Requirements H Permits (If applicable) I Stormwater Pollution Prevention Plan (If applicable) J (used on an as-needed basis)

D. Insurance. Proof of insurance must be received prior to issuance of the notice to proceed.

E. Bid/Performance/Payment Bonds. Submit Bid, Performance and Payment Bond documents for each task order. Insert the IDIQ SATOC contract number AND the Task Order number on each document. Bond documents not reflecting the required information will be returned for correction. Bonds must be approved by Government prior to issuance of the notice to proceed.

F. Contract Copies. The Government reserves the right to issue copies of the contract in either paper or electronic format. For electronic format, all reproduction shall be at the Contractor's expense.

C.6. PERFORMANCE EVALUATIONS

A. The Government may complete a contractor’s performance evaluation at the conclusion of each Task Order or at any other time. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The copy may be either hardcopy or electronic via the NIH online program.

B. The contractor is required to register with the National Institute of Health (NIH) for access to the Contractor Performance System. The system allows the contractor to view the electronic rating and provide electronic responses and comments. Information on the program can be obtained from their website at http://cps.od.nih.gov/. The registration process can be started by accessing the website at http://oamp.od.nih.gov/OD/CPS/cps_contractor.htm.

(http://oamp.od.nih.gov/OD/CPS/cps_contractor.htm)

The Contractor User’s Manual can be found at https://cps.nih.gov/infopage.asp (Click on the “CPS Info” tab. The manual is located in the “Contractor Information” column.)

Contractors will have 30 days to review the evaluation & submit comments. Please note that the CPS program currently allows Contractors to open & submit comments only once, and firms cannot revise data at a later date.

Task Order #1

Task Order #2

Task Order #3

C-5

D - 1

SECTION D—RESERVED

D - 2

Page E-1

SECTION E--INSPECTION AND ACCEPTANCE

See Federal Acquisition Regulation clause 52.246-12 Inspection of Construction in Section I (beginning on page I-1).

Page E-2

Page F-1

SECTION F--DELIVERIES OR PERFORMANCE

F.1. CLAUSES

See section I contract clauses (beginning on page I-1) for the full text of all Federal Acquisition Regulation clauses.

F.2 PERIOD OF SERVICE.

This contract will in effect from date of award through September 30, 2011. No work can be ordered after this date.

Tasks orders issued on or before September 30, 2011 will have their own completion date which may extend beyond September 30, 2011.

Page F-2

Page G-1

SECTION G--CONTRACT ADMINISTRATION DATA/ACCOUNTING

AND APPROPRIATION DATA

G.1 ACCOUNTING AND APPROPRIATIONS DATA.

This data will be included in individual task order award documents.

G.2 GOVERNMENT-FURNISHED PROPERTY.

When applicable, the Task Order Special Contract Requirements (SCRs) will include property information. Use and maintain the property in accordance with the applicable property clauses.

See Task Order clauses (clauses begin on page C-1 of each Task Order.)

G.3 CONTRACTING OFFICERS.

The Contracting Officer responsible for the IDIQ contract and awarding the subsequent task orders may be any of the following:

Julee McTaggart, (360) 619-7584, julee.mctaggart@dot.gov; OR Michael L. Johnson, (360) 619-7521, Michael.Johnson@dot.gov; OR Elizabeth M. Firestone, (360) 619-7931, elizabeth.firestone@dot.gov; OR Other WFLHD Contracting Officer warranted for IDIQ type contracts.

610 East Fifth Street Vancouver, WA 98661-3801 Fax: (360) 619-7932

Page G-2

Page H-1

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 PRIME HUBZONE CONTRACTOR REQUIREMENTS.

When this IDIQ contract is awarded after application of FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns the following will apply to all task order work.

Follow the requirements of §126.700 of Title 13 of the Code of Federal Regulations (13 CFR 126.700). In addition to the requirements in paragraph (d)(3) of FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SBCs) comply with the following:

• At least 50 percent of the cost of the contract performance incurred for personnel will be spent on the Prime HUBZone contractor’s employees or the employees of other qualified HUBZone small business concerns.

• The above requirement may be met by expending at least 50% of the cost of the contract incurred for personnel on the Prime HUBZone contractor’s employees or it may subcontract up to 35% of the cost of the contract performance incurred for personnel to one or more qualified HUBZone SBCs.

• A qualified Prime HUBZone SBC may not subcontract more than 50% of the cost of the contract incurred for personnel to non-qualified HUBZone SBCs.

H.2 SHOP DRAWINGS, SUBMITTALS, AND AS-BUILTS.

The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each task order in accordance with requirements contained therein and in clause 52.236-21 Specifications and Drawings for Construction.

H.3 USE OF RECOVERED MATERIALS ON FEDERAL LANDS HIGHWAY

PROJECTS.

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6901 et seq.), requires Federal, State, and local procuring agencies using appropriated Federal funds to purchase items composed of the highest percentage of recovered materials practical. Use of recovered materials is strongly encouraged on Federal Lands Highway Projects. Highway construction items covered by the Environmental Protection Agency's Comprehensive Guidelines for Procurement of Products Containing Recovered Materials include fly ash, ground granulated blast furnace slag, traffic barricades, traffic cones, hydraulic mulch and compost for mulch.

Use of fly ash and ground granulated blast furnace slag and construction materials containing fly ash and ground granulated blast furnace slag on Federal Lands Highway Projects:

• It is the policy of the United States Government that fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag shall have maximum practicable opportunity for incorporation into its construction projects.

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• The Contractor agrees to investigate the use of fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag to the fullest extent consistent with the efficient performance of this contract. Both the contractor and the subcontractors are urged to seek out suppliers of fly ash and ground granulated blast furnace slag, cement and concrete containing fly ash and ground granulated blast furnace slag and to solicit bids for these materials.

• Names of firms that supply fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag are available from the American Coal Ash Association and the National Slag Association.

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Section I – Contract Clauses & Sample Task Order Clauses

SECTION I--CONTRACT CLAUSES

I.1. IDIQ CLAUSES BY REFERENCE. These clauses are applicable solely to the award and administration of the IDIQ contract. Each Task Order will contain the most up-to-date versions and required clauses.

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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-13 Contractor Code of Business Ethics and Conduct (Dec 2008) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.204-7 Central Contractor Registration (APR 2008) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.215-2 Audit and Records -- Negotiation (Mar 2009) 52.215-8 Order of Precedence -- Uniform Contract Format (OCT 1997) 52.216-22 Indefinite Quantity (OCT 1995)

…(d)….that the Contractor shall not be required to make any deliveries under this contract after the delivery date set forth in the Task Orders.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JUL 2005)

(See Note in FAR Clause 52.236-1)(See Special contract requirement H.1, which incorporates increase minimum work requirements for HUBZone firms.)

52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (APR 2008)

Alternate II (OCT 2001) **NOTE** (Applicable to Large Business awardees)

52.219-16 Liquidated Damages -- Subcontracting Plan (JAN 1999) 52.222-3 Convict Labor (JUN 2003) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination – Debarment (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988)

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52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-23 Assignment of Claims (JAN 1986) 52.233-1 Disputes (JUL 2002) Alt I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.242-13 Bankruptcy (JUL 1995) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004)

Alternate I (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

TRANSPORTATION ACQUISITION REGULATION (TAR) CLAUSES

1252.211-70 Index for Specifications 1252.223-73 Seat Belt Use Policies and Programs

I.2. FULL TEXT CLAUSES. These clauses are applicable solely to the award and administration of the IDIQ contract. Each Task Order will contain the most up-to-date versions and required clauses.

52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Western Federal Lands’ Division Engineer (or delegate) or the Second Level Contracting Officer, and shall not be binding until so approved.

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in this contract. Such orders may be issued from date of contract award through September 30, 2011.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

( c) If mailed, a task order is considered "issued" when the Government deposits the order in the mail.

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52.216-19 Task Order Limitations (Oct 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount less than the value of the initial Task Order the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor --

(1) Any order for a single task order less than $50,000;

(2) Any order for a single task order in excess of $7 million;

(3) A series of orders from the same ordering office totaling more than $18 million.

52.219-28 Post-Award Small Business Program Re-Representation (April 2009)

(a) Definitions. As used in this clause – “Long term contract” means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause 52.217-8, Option to Extend Services, or other appropriate authority.

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts ---

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the re-representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

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(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause,

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

(NOTE: Do not complete this clause at time of initial offer/bid.)

The Contractor represents that it (__)is (__)is not a small business concern under NAICS Code 237310 (Highway/Bridge construction) assigned to contract number__________________________.

Name: ____________________ Title: ______________________ Date: ______________________ Signature: ____________________________ [Contractor to sign and date and insert authorized signer’s name and title.]

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I.3. TYPICAL TASK ORDER CLAUSES. NOTE: These clauses are the typical clauses that will be included in each Task Order Request for Proposal and the resulting contract. Each Task Order will contain the most up-to-date version of the required clauses.

52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-14 Display of Hotline Poster(s) 52.203-15 Whistleblower Protections under the American Recovery & Reinvestment Act of

2009 (Used when task order funded with American Recovery & Reinvestment Act of 2009 funds) 52.204-1 Approval of Contract 52.204-4 Printed or Copied Double- Sided on Recycled Paper 52.204-7 Central Contractor Registration 52.204-11 American Recovery & Reinvestment Act – Reporting Requirements (Used when task order funded with American Recovery & Reinvestment Act of 2009 funds) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment 52.211-10 Commencement, Prosecution, and Completion of Work, Alternate I 52.211-12 Liquidated Damages -- Construction 52.211-13 Time Extensions 52.211-18 Variation in Estimated Quantity 52.215-2 Audit and Records – Negotiation 52.215-2 Audit and Records – Negotiation, Alt I (Used when task order funded with American Recovery

& Reinvestment Act of 2009 funds) 52.215-10 Price Reduction for Defective Cost or Pricing Data 52.215-12 Subcontractor Cost or Pricing Data 52.215-15 Pension Adjustment and Asset Reversions 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than

Pensions 52.215-19 Notification of Ownership Changes 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing

Data -- Modifications 52.217-7 Options for Increased Quantity – Separately Priced Line Item 52.219-8 Utilization of Small Business Concerns 52.219-9 Small Business Subcontracting Plan Alternate II (Applicable to Large Business awardees) 52.219-16 Liquidated Damages -- Subcontracting Plan 52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation 52.222-6 Davis-Bacon Act 52.222-7 Withholding of Funds

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52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination - Debarment 52.222-13 Compliance with Davis-Bacon and Related Act Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-35 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees 52.222-50 Combating Trafficking in Persons 52.223-3 Hazardous Material Identification and Material Safety Data, Alternate I 52.223-6 Drug-Free Workplace 52.223-14 Toxic Chemical Release Reporting 52.225-9 Buy American Act – Construction Materials 52.225-11 Buy American Act—Construction Materials under Trade Agreements, Alt I 52.225-11 Buy American Act – Construction Materials under Trade Agreements 52.225-21 Required Use of American Iron, Steel and Other Manufactured Goods – Buy

American Act – Construction Materials (May be used when task order funded with American Recovery & Reinvestment Act of 2009 funds)

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods – Buy American Act – Construction Materials under Trade Agreements (May be used when task order funded with American Recovery & Reinvestment Act of 2009 funds)

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods – Buy American Act – Construction Materials under Trade Agreements, Alternate I (May be used when task order funded with American Recovery & Reinvestment Act of 2009 funds)

52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-4 Patent Indemnity -- Construction Contracts 52.228-1 Bid Guarantee 52.228-2 Additional Bond Security 52.228-11 Pledges of Assets 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-14 Irrevocable Letter of Credit 52.228-15 Performance and Payment Bonds -- Construction 52.229-3 Federal, State, and Local Taxes 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) 52.232-5 Payments Under Fixed-Price Construction Contracts 52.232-17 Interest 52.232-23 Assignment of Claims

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52.232-27 Prompt Payment for Construction Contracts 52.232-34 Payment by Electronic Funds Transfer – Other than Central Contractor

Registration 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer

Information 52.233-1 Disputes Alt I 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-1 Performance of Work by the Contractor 52.236-2 Differing Site Conditions 52.236-3 Site Investigation & Conditions Affecting the Work 52.236-4 Physical Data 52.236-5 Material and Workmanship 52.236-6 Superintendence by the Contractor 52.236-7 Permits and Responsibilities 52.236-8 Other Contracts 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements 52.236-10 Operations and Storage Areas 52.236-11 Use and Possession Prior to Completion 52.236-12 Cleaning Up 52.236-13 Accident Prevention, Alt I 52.236-15 Schedules for Construction Contracts 52.236-17 Layout of Work 52.236-21 Specifications & Drawings for Construction, Alt II 52.236-26 Preconstruction Conference 52.242-13 Bankruptcy 52.242-14 Suspension of Work 52.243-4 Changes 52.244-2 Subcontracts 52.244-5…