2-RFP_for_FBO_(GTSR)_MT_PRA_GLAC_1041(1)_reduced_size.pdf

Going to the Sun Road Rehabilitation IDIQ Task Order Request For Proposal

Solicitation No. DTFH70-12-R-00008

MT PRA GLAC 1041(1)

Construct Additional Parking Module at the Apgar Transit Center

Solicitation, Offer & Award, Bid Schedule, Contract Clauses, Minimum Wage Schedule, Special Contract Requirements, and Plans

This solicitation cites

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 US Customary

ISSUING OFFICE:

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: http://www.wfl.fhwa.dot.gov/contracting/

Email: wfl.contracts@dot.gov

WORLD HERITAGE SITE

QUICK INDEX

Page Item --- Special Notice - SATOC --- Offer Submittal Checklist --- Authority to Sign --- Bid Bond --- Table of Contents A-1 Notice to Offeror A-3 SF 1442, Solicitation, Offer and

Award A-7 Bid Schedule B-1 Solicitation Provisions C-1 Contract Clauses D-1 Davis-Bacon Wage Rates E-1 Special Contract Requirements H-1 Permits I-1 Stormwater Pollution Prevention

Plan J-1 Fire Protection and Suppression

Plan

PROPOSAL REMINDERS

Electronic proposals will not be accepted.

Submit printed copy of your proposal to the address listed on the enclosed SF 1442. Before submitting your proposal, please review the following:

• Have you rechecked your figures?

• Have you completed the schedule?

• Have you completed and signed the SF 1442, Solicitation, Offer & Award?

• Have you acknowledged all amendments?

• Is your guarantee enclosed in proper form and amount (see FAR Clause 52.228-1), including Power of Attorney affidavit?

• Does the lower left corner of the proposal envelope state “Proposal Enclosed”?

• Does the lower left corner include the Solicitation Number and the project number/name?

A-1 Notice to Offeror

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

HK Contractors, Inc P.O. Box 51450 Idaho Falls, ID 83405-1450 http://www.wfl.fhwa.dot.gov/contracting/ mailto:wfl.contracts@dot.gov

PROJECT NAME MT PRA GLAC 1041(1)

Construct Additional Parking Module at the Apgar Transit Center

NATIONAL PARK Glacier

COUNTY Flathead

STATE Montana

LENGTH 0.14 MILES

FIXED COMPLETION DATE See FAR Clause 52.211-10 (clauses begin on page C-1)

SPECIAL NOTICE

Solicitation No.: DTFH70-12-R-00008

MT PRA GLAC 1041(1), Construct Additional Parking Module at the Apgar Transit Center

THIS IS A TASK ORDER REQUEST FOR PROPOSAL SOLELY FOR THE

FOLLOWING CONTRACT AND CONTRACTOR:

Contract Number Contractor Name Contractor Number DTFH70-07-D-00009 HK Contractors Inc (208) 523-6600

THIS PROJECT IS BEING ADVERTISED ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE TO ANNOUNCE THE UPCOMING PROJECT

AND ASSIST POTENTIAL SUBCONTRACTORS BY PUBLICIZING

OPPORTUNITIES. A PROPOSAL WILL ONLY BE ACCEPTED FROM THE

ABOVE PRIME CONTRACTOR.

Additional information may be found on our web pages:

Construction Projects:

http://www.wfl.fhwa.dot.gov/contracting/construction/upcoming.htm

Description: This web page contains links to access upcoming (synopsized) projects, advertised (solicitation) projects, bids and proposals received, awarded projects, awarded IDIQ contracts, bid tabs, and bid history.

Advertised Projects:

http://www.wfl.fhwa.dot.gov/contracting/construction/advertised.htm

Description: This web page contains projects that are out for bid with links to the Federal Business Opportunities project page, question submittals, and a link to the project Question and Answers.

Going to the Sun Road Rehabilitation IDIQ:

http://www.wfl.fhwa.dot.gov/contracting/construction/idiq/gtsr.htm

Description: This web page contains the contractor’s information, a description of the contract and the projects that have been awarded under the contract.

http://www.wfl.fhwa.dot.gov/contracting/construction/upcoming.htm http://www.wfl.fhwa.dot.gov/contracting/construction/idiq/gtsr.htm

Reserved

Offer Submittal Checklist

MT PRA GLAC 1041(1), Construct Additional Parking Module at the Apgar Transit Center

Before submitting your offer, please review the following:

Done?

Is this in the envelope?

Offer Envelope

Did I correctly address the envelope? (See page A-3, blocks 7 & 8) Does the lower left corner of the envelope include the Solicitation Number and the project name/number?

Pages A-3 & A-4 (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?

Offer Schedule (see page A-7) Did I insert “Unit Bid Price” and “Amount Bid” for each bid item?

Did the appropriate official initial corrections?

Did I include the “Total” on the last page of each bid schedule?

Did I include the firm’s name on the last page of each bid schedule?

When applicable, did I include the totals for each schedule in the summary page?

(see last page of bid schedules.)

Bid Bond (Standard Form 24) Offers received without a valid bid bond may be delayed.

Did I complete my bid bond correctly?

Did I attach the Power of Attorney to the bid bond?

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

Representations & Certifications & other fill-ins Did I include the completed B-pages (beginning on B-1)?

Did I include the completed clause 1252.228-73 Notification of Miller Act Payment Bond Protection (clauses begin on page C-1)

System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/ Do we have up-to-date data in SAM?

Support Data Did I include the requested support data?

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 delayed.

https://www.sam.gov/portal/public/SAM/ http://vets.dol.gov/vets100/

Driving Directions to our Vancouver Washington Office:

See our web page at http://www.wfl.fhwa.dot.gov/about/directions.htm http://www.wfl.fhwa.dot.gov/about/directions.htm

Authority to Sign

INSTRUCTIONS: When the offeror/ p rinc ipa l is a c orpora tion, inc lude this c ertific a tion with your offer/ b id .

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 ___________________________ (c ompany 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)

BID BOND

( See instructions on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date) OMB NO.: 9000-0045

Expires: 11/30/2012 Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington, DC 20405.

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

INDIVIDUAL

JOINT VENTURE

PARTNERSHIP

CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION (S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE

FOR (Construction, supplies, or Services)

INVITATION NO.

OBLIGATION

We, the Principal and Surety (ies) are firmly bound to the United States of America (hereinafter call the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit or liability is the full amount of the penal sum.

CONDITIONS:

The principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10 days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to executes such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each surety executing this instrument agrees that its obligations is not impaired by any extension(s) of the time for acceptance of the bid that the principal may grand to the Government. Notice to the surety (ies) of extensions (s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the periods originally allowed for acceptance of the bid.

WITNESS

The principal and Surety (ies) executed this bid bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

SU

R

ET

Y

A

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Pervious edition is usable

STANDARD FORM 24 (REV. 10-98)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

DTFH70-12-R-00008

MT PRA GLAC 1041(1), Construct Additional Parking Module at the Apgar Transit Center

SU

R

ET

Y

B

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INC.

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

C

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

D

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

E

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

F

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

G

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. any deviation from this form will require the written approval of the Administrator of General Services.

2, Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., ab attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporation executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed therein. where more than one corporate surety is involved, their names and address shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY (IES)." In the space designed "SURETY (IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), or each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word " Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "Offeror."

STANDARD FORM 24 (REV. 10-98) BACK

Table of Contents Project: MT PRA GLAC 1041(1), Construct Additional Parking Module at the Apgar Transit Center

03USC10/06/11

TABLE OF CONTENTS

DESCRIPTION PAGE

Notice to Offeror .................................................................................................................... A-1

Solicitation, Offer, and Award (SF 1442) .............................................................................. A-3

Bid Schedule .......................................................................................................................... A-7

Solicitation Provisions ........................................................................................................... B-1

Contract Clauses .................................................................................................................... C-1

Minimum Wage Schedule ...................................................................................................... D-1

SCRs Table of Contents

SPECIAL CONTRACT REQUIREMENTS (SCRs)

The following Special Contract Requirements amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) U.S.

Customary Version, U.S. Department of Transportation, Federal Highway Administration.

Division 100....................................................................................................................E-1 Division 150....................................................................................................................E-25

Division 200....................................................................................................................F-1 Division 400....................................................................................................................F-7 Division 550....................................................................................................................F-9 Division 600................................................................................................................... F-10

Division 700....................................................................................................................G-1

Permits ...................................................................................................................................H-1

Storm Water Pollution Prevention Plan .................................................................................I-1

Fire Protection and Suppression Plan ....................................................................................J-1

Table of Contents

(This page intentionally left blank)

A-1

Notice to Offeror Project: MT PRA GLAC 1041(1), Construct Additional Parking Module at the Apgar Transit Center

03USC04/09/12

NOTICE TO OFFEROR

I. Project Location.

The project work is located approximately 34 miles northeast of Kalispell in Flathead County.

Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours.

II. Pre- proposal Information.

This solicitation includes electronic plan sheets that can be found at http://www.wfl.fhwa.dot.gov/contracting/construction/plans/apgar/. The plan sheets can be viewed or downloaded by individual sections, or by the entire plan set. A paper copy of the plan sheets is available by submitting the form posted with this solicitation. A CD of the physical data is available by submitting the form posted with this solicitation.

REPS & CERTS. Submit or update Representations and Certifications online at at https://www.sam.gov/portal/public/SAM/ before bid submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page B-2). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204- 8.

Requests for technical information (Plan and Division 100 – 700 Specification questions only) about this project will only be accepted in writing (see Block 9 on page A-5).

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. Sign Block 20B according to the instructions in Subsection 102.02. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page B-1. Failure to furnish or complete any of the above may result in your bid being considered nonresponsive and being rejected.

Facsimile and email 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

TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR THIS PROJECT

WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS ON OCTOBER 31, 2012.

Questions can be submitted and answers viewed by going to project information at:

http://www.wfl.fhwa.dot.gov/contracting/construction/advertised.htm Every attempt to respond to questions will be made. However, response to questions received after the above posted date is not guaranteed.

http://www.wfl.fhwa.dot.gov/contracting/construction/plans/apgar/ http://www.wfl.fha.dot.gov/edi/current.htm

A-2

Notice to Offeror Project: MT PRA GLAC 1041(1), Construct Additional Parking Module at the Apgar Transit Center

Government will not be responsible for any failure attributable to the transmission or receipt of facsimile data. FAX 360-619-7932. To confirm receipt, call 360.619.7520.

Current and potential U.S. Department of Transportation (DOT) Contractors have recently been receiving fraudulent letters purporting to be issued by DOT. These fraudulent letters request that the Contractors resubmit their banking information to DOT. If you receive such a letter, please DO NOT complete the requested worksheet that is attached to the letters and DO NOT release any information. To register or update information, Contractors are required to go directly through the System for Award Management (SAM) website and never through a third party.

You can access SAM at https://www.sam.gov/portal/public/SAM/.

III. Post Award Information.

Insurance requirements are set forth in Subsection 107.05.

Contractor Performance Evaluations. This office posts performance evaluations in the Construction Contractor Appraisal Support System (CCASS). A user’s manual can be found at http://www.cpars.csd.disa.mil/cparsfiles/ccass/ccassrefmatl.htm. Upon receiving an email notice of evaluation availability, you will have 30 days to review the evaluation online and submit comments. If you are unable to access the system, call 360-619-7520 for assistance or for a copy of the evaluation.

IV. Specifications and Permits.

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 U.S. Customary Units. Obtain paper copies of the FP-03 by calling 360-619-7520, e-mailing at plans_spec@dot.gov, or writing Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661. An electronic version may be found at http://flh.fhwa.dot.gov/resources/pse/specs/

Design data applicable to this project is listed in FAR Clause 52.236-4, Physical Data.

Material sources, waste areas, etc. have not been identified for this project. Secure all permits and clearances for Contractor-located sites and sources. See Subsection 105.02(b) and 107.10.

https://www.sam.gov/portal/public/SAM/ http://www.cpars.csd.disa.mil/cparsfiles/ccass/ccassrefmatl.htm http://flh.fhwa.dot.gov/resources/pse/specs/

A-5

Continuation SF 1442

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@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@dot.gov (plans_spec@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.fhwa.dot.gov/contracting/construction/advertised.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.

FOR DAVIS-BACON WAGE RATE INFORMATION call the Department of Labor at: 972.850.2634.

FOR PHYSICAL DATA, See FAR Contract Clause 52.236-4, Physical Data, (clauses begin on page C-1) for a listing of available data. To obtain copies of Physical Data, submit a written request to the Contracts Section, FAX 360.619-7932 or e-mail us at wfl.contracts@dot.gov. Requests should be made early to assure timely arrival.

Block 11 COMPLETION DATE: Work shall be completed on or before the date specified in

FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, subject to such extensions as may be authorized by the terms of the contract and the specifications made a part thereof. Contract Clauses begin on pages C-1.

Block 12A PERFORMANCE & PAYMENT BONDS: See FAR Clause, 52.228-15, Performance and Payment Bonds - Construction (clauses begin on page C-1) and Subsection 102.06 of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units.

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

ADDITIONAL INFORMATION: See Subsections 102.03 and 102.04 of Standard

Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units.

Block 24 SUBMITTING INVOICES: See Subsection 109.08 of the Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units.

ESTIMATED PRICE RANGE. The price range of the project work is between $500,000 and $1,000,000.

mailto:plans_spec@dot.gov

A-6

Continuation SF 1442

Reserved

TOTAL

B-1

Contract Provisions

Federal Acquisition Regulation Solicitation Provisions

Representations, Certifications and Other Statements of Offeror

To the extent that any of the following Provisions may be in conflict with the Provisions in the IDIQ contract, the following Provisions will control.

The Offeror Makes the Following Representations and Certifications as a Part of its Offer.

52.204-8 Annual Representations and Certifications. (May 2012)

(a) (1) The North American Industry Classification (NAICS) code for this solicitation is 237310 – Highway, Street & Bridge construction.

(2) The small business size standard is $33.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[__] (i) Paragraph (d) applies.

[__] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

Completing FAR provision 52.204-8 Annual Representation and Certifications.

• This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $33.5 million. If your average annual gross receipts for the past 3 years are above $33.5 million you are a large business for this solicitation. If they are below $33.5 million you are a small business. Please complete the certification listed in paragraph (d).

• Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the System for Award Management (SAM) website: https://www.sam.gov/portal/public/SAM/.

http://www.acquisition.gov/comp/far/current/html/52_200_206.html#wp1137850 http://www.acquisition.gov/comp/far/current/html/52_200_206.html#wp1137850 http://www.acquisition.gov/comp/far/current/html/52_200_206.html#wp1137583 http://www.acquisition.gov/comp/far/current/html/FARTOCP13.html#wp271421

B-2

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) (B) Exceed the simplified acquisition threshold; and

(C) (C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporation Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010 or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223- 2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II and III) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

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(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

(xx) 52.225–25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities

Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the

Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Far Clause # Title Date Change 52.219-1 Small Business Program Representations ___________ Under NAICS Code 237310 the offeror represents as part of its offer that it (__) is, (__) is not a small business.

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Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

52.209-7 Information Regarding Responsibility Matters (Feb 2012)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [__] has [__] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via http://www.acquisition.gov (see 52.204-7).

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52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade: 2.7% Goals for Female Participation for Each Trade: 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Flathead county, Montana.

52.225-12 Notice of Buy American Act Requirement—Construction Materials under Trade Agreements (Feb 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before http://www.acquisition.gov/comp/far/current/html/52_223_226.html#wp1169451

B-6 submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy

American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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.

• 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

B-7 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.

THE FOLLOWING IS NOT A SOLICITATION PROVISION

PARTNERING

A Partnership recognizes the Government and the Contractor are both responsible for and can affect the successful completion of this project. Partnering is a vehicle to ensure the partnership has structure and quality. It recognizes the strengths of each party and uses those strengths to identify and achieve shared goals. One of the primary objectives of Partnering is to facilitate the resolution of disputes in a timely, professional, and non-adversarial manner with the outcome focused on achieving those shared goals.

WFLHD supports the concepts and tenets of Partnering and as such is encouraging the Contractor and it’s Subcontractors to establish a Partnering relationship on this project.

A formal Partnering meeting can help facilitate this relationship by helping to document the parties’ common purpose and goals, and ensuring alignment. The goals are mutually agreed to and address effective and efficient performance within the scope of the contract.

Participation in a formal Partnering meeting is voluntary. Costs of implementing and maintaining the partnership would be agreed to by both parties and shared equally. These costs would be in addition to the contract amount.

Please indicate your desire to participate in a formal partnering meeting on this project.

(__) We would like to participate in a formal partnering meeting.

(__) We do not want to participate in a formal partnering meeting.

COMPANY CONTACT INFORMATION

Please list your company’s primary contact for this solicitation.

Name: ________________________________________________

Title: _________________________________________________

Email: ________________________________________________

Phone: ________________________________________________

FAX: _________________________________________________

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FEDERAL ACQUISITION REGULATION

SOLICITATION PROVISIONS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item…