RFQ_WA_2016_CTIP_(3).pdf
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- WA 2016 CTIP(3), High Friction Surface Treatment
- Solicitation number
- DTFH7016Q00049
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Request for Quotations
Solicitation No. DTFH7016Q00049
WA 2016 CTIP(3),
High Friction Surface Treatment
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 A-7 Offer Schedule 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
PROJECT NAME : WA 2016 CTIP(3),
HIGH FRICTION SURFACE TREATMENT
LOCATION : AREA 1 – MP 1.4
AREA 2 – MP 2.1
NATIONAL FORREST : OLYMPIC
COUNTY : GRAYS HARBOR
STATE : WASHINGTON
FIXED COMPLETION DATE SEE FAR CLAUSE 52.211-10
(FAR CLAUSES BEGIN ON PAGE C-1)
Offer Submittal Checklist WA 2016 CTIP(3), High Friction Surface Treatment
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?
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.
Offer Submittal Checklist
Driving Directions to our Vancouver Washington Office:
See our web page at http://www.wfl.fhwa.dot.gov/about/directions.htm
Authority to Sign
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.
RESERVED
Table of Contents Project: WA CTIP 2016(3), High Friction Surface Treatment
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
General Wage Decision .............................................................................................................. D-1
Statement of Work ...................................................................................................................... E-1
Plans ............................................................................................................................................. F-1
Table of Contents Project: WA CTIP 2016(3), High Friction Surface Treatment
(This page intentionally left blank)
A-1
Notice to Offeror Project: WA CTIP 2016(3), High Friction Surface Treatment
NOTICE TO OFFEROR
I. Project Location
General Location. The project work is located on Wynoochee Valley Road in Grays Harbor County, Washington.
Project Limits. Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours.
II. Pre‐bid Information.
GENERAL AND TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR THIS
PROJECT WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS ON AUGUST 8, 2016
Refer to page A-5 for information on how to submit questions related to General Information and Technical Information. Answers to General and Technical Questions will be posted at https://www.fbo.gov/spg/DOT/FHWA/WFL/DTFH7016Q00049/listing.html.
Every attempt to respond to questions will be made. However, response to questions received after the above posted date is not guaranteed.
THIS A LUMP SUM JOB. INSERT YOUR PROPOSED TOTAL SQUARE YARDS ON
PAGE A-6, OFFER SCHEDULE OF THIS SOLICITION.
WFLHD will issue an order to the responsible offeror who can complete the most square yards of high friction surface treatment for the amount of funds available.
Electronic Plan Sheets. This solicitation includes electronic plan sheets available at https://www.fbo.gov/spg/DOT/FHWA/WFL/DTFH7016Q00049/listing.html. A paper copy of the plan sheets is available by submitting the form posted with this solicitation.
Representations & Certifications. Submit or update Representations and Certifications online 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 Information. Requests for technical information (Plan and Specification questions only) about this project will only be accepted in writing (see Block 9 on page A-5).
SF 1442, Solicitation, Offer, and Award. Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, 20B, and 20C are completed correctly. Sign Block 20B. You must submit a completed “Authority to Sign” document. You must
A-2
Project: WA CTIP 2016(3), High Friction Surface Treatment also complete the representations and certifications contained in the Contract Provisions beginning on page B-1.
Facsimile and email offers, modifications, and withdrawals. Facsimile and email offers are not are not authorized for this solicitation
Surety Bond Guarantee Program. Small businesses that need surety bonds can qualify for U.S.
Small Business Administration (SBA) backed surety bonds. SBA assistance in locating a participating surety company or agent, and completing application forms is available online. For more information on the U.S. SBA’s Surety Bond Guarantee program, go online to http://www.sba.gov/content/contractors or call 1-800-U-ASK-SBA.
Fraud Alert. 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. Insurance requirements are described in Section E.
Contractor Performance Evaluations. This office posts performance evaluations in the Contractor Performance Assessment Reporting System (CPARS); for additional information see http://www.cpars.gov/index.htm. Upon receiving an email notice of evaluation availability, you will have 14-60 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.
Specifications. This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR), SOLICITATION, OFFER, AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
WFL16CN038
Federal Highway Administration
Western Federal Lands Highway Div.
610 East Fifth Street Vancouver WA 98661-3801
WFLHD
Attn: Contracts
See Page A-5 360-619-7520
SEE BLOCK 10
07/25/2016
DTFH7016Q00049
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This solicitation is designated WA CTIP 2016(3), High Friction Surface Treatment
In strict conformance with:
Statement of Work
Wage Requirement
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
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.
(date). If this is a sealed bid solicitation, offers will 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.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 calendar days and complete it within ________________ ________________ calendar days after receiving
*Page A-5
08/16/2016
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
A-3
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 offer is accepted by the Government in writing within ____________________ 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.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (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)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
Federal Highway Administration Western Federal Lands Highway Div.
610 East Fifth Street Vancouver WA 98661-3801
WFLHD
Angy Liljedahl
28. NEGOTIATED AGREEMENT 29. AWARD
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, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
A-4
DUNS:
CAGE CODE:
$150,000.00
See page A-7
$150,000.00
Federal Highway Administration Western Federal Lands Highway Div.
610 East Fifth Street Vancouver WA 98661-3801
Sec E
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.
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 wfl.plans-spec@dot.gov .
QUESTIONS/ANSWERS POSTED ONLINE. You can view questions and answers on the Federal Business Opportunities (FBO) Website https://www.fbo.gov/ .
Insert the solicitation number in “Keyword / Solicitation #:”
Scroll to the project.
Make sure you are on the most recent view and look in the right section of the page for the most recent Q&A document.
FOR DAVIS-BACON WAGE RATE INFORMATION call the Department of Labor at 415.625.7716 (DRBA - Western Region)
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 PAYMENT PROTECTION: See FAR Clause, 52.228-13 Alternative Payment
Protections (clauses begin on page C-1).
Block 24 SUBMITTING INVOICES: See Section E - 11.
A-6
Continuation SF 1442
A-7
Project: WA CTIP 2016(3), High Friction Surface Treatment
Offer Schedule
You will be quoting on how many square yards of high friction surface treatment (HFST) that you can complete for the amount of funds available. Work must be bid in priority order for the Wynoochee Valley Road. (For example, Priority 1 work must be included in your offer, before you include the Priority 2 work, and so on).
Wynoochee Valley Road Square Yards Total Square Yards
Priority 1 Northbound lane of curve at MP 1.4 (700 sy) (approximately 1.5 miles from US Highway 12)
Priority 2 Southbound lane of curve at MP 2.1 (570 sy) (approximately 2.1 miles from US Highway 12)
Priority 3 Southbound lane of curve at MP 1.4 (710 sy) (approximately 1.5 miles from US Highway 12)
Priority 4 Northbound lane to the curve at MP 2.1 (275 sy) (approximately 2.1 miles from US Highway 12)
Funding Available $150,000.00
TOTAL for Wynoochee Valley Road _______________
The successful offeror will be based on the largest number of “square yards” offered.
In the case of a tie the successful offeror will be determined by a drawing by lot limited to those offerors.
B-1
Solicitation Provisions Project: WA 2016 CTIP(3), High Friction Surface Treatment
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 offer.
52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (Feb 2015)
(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
52.204-8 Annual Representations and Certifications. (Apr 2016)
(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 $36.5 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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
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 $36.5 million. If your average annual gross receipts for the past 3 years are above $36.5 million you are a large business for this solicitation. If they are below $36.5 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
Project: WA 2016 CTIP(3), High Friction Surface Treatment
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management, and has completed the Representations and Certifications section of SAM 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 SAM 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.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(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) Exceed the simplified acquisition threshold; and
(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 Corporations— Representation.
(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) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 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.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 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.
(xi) 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.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 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.
B-3
Project: WA 2016 CTIP(3), High Friction Surface Treatment
(xiv) 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.
(xv) 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.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xvii) 52.225–2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225–1.
(xviii) 52.225-4, Buy American—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 $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—
Certification. This provision applies to all solicitations.
(xxi) 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.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting
Officer:
[Contracting Officer check as appropriate.]
√ _ (i) 52.204-17, Ownership or Control of Offeror.
√ _ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (viii) 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
SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM 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
B-4
Project: WA 2016 CTIP(3), High Friction Surface Treatment 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 SAM.
52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)
(a) Definition. As used in this provision— Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ‘‘CAGE’’ before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via—
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil .
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.
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Project: WA 2016 CTIP(3), High Friction Surface Treatment
(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204–17 or 52.212–3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
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% 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 Grays Harbor County, Washington.
52.225-10 Notice of Buy American Requirement—Construction Materials (May 2014)
(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—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 Statute 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
B-6 request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute 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.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy
American Statute, 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, B-7 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.
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
52.204-7 System for Award Management (Jul 2013)
(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
“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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The Offeror has entered all mandatory information, including the DUNS number or the
DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) 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 or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(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.
(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.
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(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
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 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 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)
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(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, Construction Wage Rate Requirements, 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
52.203-99, Prohibition on…
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