RFQ_DTFH70-13-Q-00007_WA_NPS_MORA_13(6).pdf

Request for Quotations

Solicitation No. DTFH70-13-Q-00007

WA NPS MORA 13(6)

Pavement Markings, Mt. Rainier National Park

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/ e-mail : wfl.contracts@dot.gov

Offers Due:

See Page A-3, Block 13A

QUICK INDEX

Page Item --- Offer Submittal Checklist --- Authority to Sign --- Table of Contents A-1 Notice to Offerors A-3 SF 1442, Solicitation, Offer and

Award B-1 Solicitation Provisions C-1 Contract Clauses D-1 Davis-Bacon Wage Rates E-1 Statement of Work F-1 Plans

OFFER REMINDERS

Electronic offers will not be accepted.

Submit printed copy of offer to the address listed on the enclosed SF 1442.

Before submitting your offer, please review the following:

Does the SF 1442, Solicitation, Offer &

Award include name, address, and telephone number of the offeror, price in block 17 and “Remit to” address, if different than mailing address?

Have you acknowledged all amendments?

Have you completed your Representations

& Certifications in SAM?

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

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

Page A-1 Notice to Offerors

This solicitation is a Total Small Business Set-aside

See FAR clause 52.219-6 (pg C-5)

PROJECT NAME : WA NPS MORA 13(6)

PAVEMENT MARKINGS, MT. RAINIER

NATIONAL PARK

LOCATION : VARIOUS LOCATIONS

NATIONAL PARK : MOUNT RAINIER

COUNTY : PIERCE AND LEWIS

STATE : WASHINGTON

FIXED COMPLETION DATE SEE FAR CLAUSE 52.211-10

(FAR CLAUSES BEGIN ON PAGE C-1)

Offer Submittal Checklist

WA NPS MORA 13(6), Pavement Markings, Mt. Rainier National Park

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?

Lump Sum Price

Did I include my price on page A-4, block 17?

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

Representations & Certifications

Have I completed my Reps and Certs in SAM?

System for Award Management (SAM) https://www.sam.gov Have we registered in SAM?

Is our registration expired in SAM? (profiles must be updated yearly)

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

WA NPS MORA 13(6), Pavement Markings, Mt. Rainier National Park

Driving Directions to our Vancouver Washington Office:

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

Authority to Sign Project: WA NPS MORA 13(6), Pavement Markings, Mt. Rainier National Park

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)

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)

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)

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)

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.

TABLE OF CONTENTS

DESCRIPTION PAGE

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

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

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

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

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

Statement of Work………………………………………………………………………..…E-1

Plans…………………………………………………………………………………………F-1

A-1

Notice to Offerors

03USC09/20/12

NOTICE TO OFFERORS

I. Project Location.

The project work begins 14 miles east of Elbe, WA in Pierce and Lewis Counties.

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

II. Pre-bid Information.

WFLHD will issue an order to the lowest price, responsible offeror.

This solicitation is a total small business set-aside. Offers are solicited only from small business concerns; see FAR Clause 52.219-6 Notice of Total Small Business Set-Aside (clauses begin on page C-1).

REPS & CERTS. Submit or update Representations and Certifications online at https://www.sam.gov/portal/public/SAM/ before offer submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page B-1). 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 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. 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.

Facsimile and email offers are not authorized for this solicitation.

TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR THIS PROJECT

WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS ON JUNE 19, 2013.

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.

THIS IS A LUMP SUM JOB. INSERT YOUR PROPOSED TOTAL PRICE FOR

THE PROJECT IN BLOCK 17, PAGE A-4 OF THIS SOLICITATION

A-2

Notice to Offerors

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 the statement of work (page E-10).

Contractor Performance Evaluations. This office posts performance evaluations in the Construction Contractor Appraisal Support System (CCASS). A user’s manual can be found at https://www.cpars.gov/cparsfiles/pdfs/ACCASSCCASSUserManual.pdf. 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.

SOLICITATION, OFFER, AND

AWARD

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page

DTFH70-13-Q-00007 Sealed Bid (IFB) June 7, 2013 A-3 (Construction, Alteration, or Repair) 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 WA NPS MORA 13(6), Pavement Markings, Mt. Rainier National Park

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

9. For Information Call:

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

See page A-5. 360.619.7520

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 WA NPS MORA 13(6), Pavement Markings, Mt. Rainier National Park, Mount Rainier National Park, Pierce and Lewis Counties, Washington.

IN STRICT ACCORDANCE WITH:

Federal Acquisition Regulations (FAR) and Transportation Acquisition Regulations (TAR) General Wage Decision

11. The Contractor shall begin performance within 10 calendar days and complete it within __*___ calendar days after receiving the award, x notice to proceed. This performance period is x mandatory negotiable. ( See *see page A-5 .)

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.)

10 x Yes No

13. Additional Solicitation Requirements:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM local time

June 25, 2013. 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.

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 60 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-4

OFFER (Must be fully completed by offeror)

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

15. Telephone No. (Include are code)

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

DUNS number:

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 60 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.)

LUMP SUM

AMOUNT

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

All.

22. Amount

23. Accounting and Appropriation Data

24. Submit Invoices to Address shown in (4 copies unless otherwise specified)

Item See

Page A-5

25. Other Than full and open competition pursuant to

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

Finance Section Western Federal Lands Highway Division 610 East Fifth Street Vancouver WA 98661-3801

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.

X 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)

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

Angy Liljedahl

30b. Signature 30C. Date

31B. United States of America

By

31C. Award Date

STANDARD FORM 1442 BACK (REV. 4-85)

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 415.625.7716

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 ALTERNATIVE PAYMENT PROTECTIONS: See FAR Clause, 52.228-13, Alternative Payment Protections (clauses begin on page C-1).

Block 24 SUBMITTING INVOICES: See Statement of Work beginning on page E-1.

ESTIMATED PRICE RANGE. The price range of the project work is between $25,000 and $100,000.

A-6

Continuation SF 1442

THIS PAGE INTENTIONALLY LEFT BLANK

B-1

Solicitation Provisions

FEDERAL ACQUISITION REGULATION

SOLICITATION PROVISIONS

Representations, Certifications and Other Statements of Offerors

The bidder makes the following representations and certifications as a part of its bid.

52.204-8 Annual Representations and Certifications. (Dec 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.

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

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/.

B-2

(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.

(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.

B-3

(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 Certain Activities or Transactions Relating to Iran-Representation and Certifications. 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.

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.

B-4

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: 6.2% (Pierce County) Goals for Minority Participation for Each Trade: 6.2% (Lewis County) 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 Pierce and Lewis Counties, Washington

52.225-10 Notice of Buy American Act Requirement—Construction Materials (Feb 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before 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.

B-5

(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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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 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.

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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.

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 OFFERORS

52.204-6 Data Universal Numbering System Number (Dec 2012)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

(b) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov/dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun & Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone: (202) 619-8925 Facsimile: (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item

B-8 descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (Jun 1988)

The specifications cited in this solicitation may be obtained from:

Activity: Federal Highway Administration, Western Federal Lands Highway Division Complete Address: 610 East Fifth Street, Vancouver, WA 98661-3801 Telephone Number: (360) 619-7520 Contact: Contracts Section

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.222-5 Davis-Bacon Act—Secondary Site of the Work (July 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

There will be no government arranged site visits. The site is readily available for inspection. Prospective offerors are encouraged to make their own arrangements to inspect the site.

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Contract Clauses

Federal Acquisition Regulation

52.204-13 Central Contractor Registration Maintenance (Dec 2012)

(a) Definition. As used in this clause-- “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)

(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the CCR database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8k Assignment of Claims). Assignees, shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov .

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Alternate I (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than July 30, 2013 subject to such extensions as may be authorized. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 22, 2013. The completion date will be extended by the number of calendar days after the above date that the contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.213-4 -- Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items).

(Aug 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Oct 2008).

(v) 52.233-1, Disputes (July 2002).

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(vi) 52.244-6, Subcontracts for Commercial Items (Jan 2011).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O.

13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports…