RFP_WRPP_MATOC.pdf

MULTIPLE AWARD TASK ORDER CONTRACT

(MATOC) REQUEST FOR PROPOSALS (RFP)

Solicitation #: DTFH7017R00002 (Proposals Due Date: See Page A-3, Block 13A)

Western Region Pavement Preservation MATOC Oregon, Idaho, Washington, Montana, Texas, Nevada, Arizona, Utah, Colorado, New Mexico, Wyoming, Oklahoma, California and other states as required

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 email: wfl.contracts@dot.gov

PROPOSAL REMINDERS

Electronic proposals will not be accepted. Submit printed copy to the address listed on the enclosed SF 1442. Before submitting your proposal, please review the following:

• Have you completed the Authority to Sign?

• Have you completed and signed the SF1442, Solicitation, Offer & Award?

• Have you acknowledged all amendments?

• Have you registered and completed your

Representations & Certifications in the System of Award Management?

• Does the lower left corner of the proposal envelope state “Proposal Enclosed for Solicitation No. DTFH7017R00002?

QUICK INDEX

Part I – The Schedule

Part II – Contract Clauses

Part III – List of Documents, Exhibits, and Attachments

Part IV – Representations and Instructions mailto:wfl.contracts@dot.gov

PROJECT NAME Western Region Pavement Preservation Multiple

Award Task Order Contract (MATOC)

NATIONAL FOREST/PARK Multiple

COUNTY Multiple

STATE Multiple

Offer Submittal Checklist Project: Western Region Pavement Preservation MATOC

OFFER SUBMITTAL CHECKLIST

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: Western Region Pavement Preservation MATOC Proposal Enclosed for Solicitation No. DTFH7017R00002 Submitted by: (Insert Offeror’s Name) 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 Unique Entity Identifier (formerly DUNS) and my Cage Code?

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?

Proposal Submittal See Sections L and M Did I include one (1) original copy of the General Information and five (5) bound hard copies of the Technical Proposal?

Did I include a Technical Information Form 1 for each project submitted for Evaluation Factor 1?

Did I include a Technical Information Form 2 for Factor 2 Subfactor 4?

Did I include a letter or other document stating the current bonding limits of my firm in my technical proposal (see section M)?

Did I include all other written submittals required by the Factors and Subfactors listed in section M?

System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/ Is our SAM record active and information up-to-date?

Have we completed our online representations and certifications in SAM?

Veteran Reporting (FAR Clause 52.222-37), https://www.dol.gov/vets/vets4212.htm If applicable, did I ensure our firm has completed this annual report?

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

https://www.sam.gov/portal/public/SAM/

Offer Submittal Checklist

Driving Directions to our Vancouver Washington Office:

Directions to WFLHD https://www.google.com/maps/place/610+E+5th+St,+Vancouver,+WA+98661/data=!4m2!3m1!1s0x5495a8ae3f2d7083:0x5b7adcfa96ade37a?hl=en

Authority to Sign

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 certification with your offer/bid.

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 certification with your offer/bid.

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

TABLE OF CONTENTS

DESCRIPTION PAGE

Solicitation, Offer, and Award (SF 1442) ................................................................................... A-1

Supplies or Services and Price/Costs.............................................................................................B-1

Description/Specifications/Statement of Work ...........................................................................C-1

Packaging and Marking (reserved)..............................................................................................D-1

Inspection and Acceptance...........................................................................................................E-1

Appendix

Master Subcontracting Template

Technical Evaluation Form 1

Deliveries and Performance.........................................................................................................F-1 Contract Administration Data......................................................................................................G-1

Special Contract Requirements....................................................................................................H-1

Federal Acquisition Regulation Contract Clauses........................................................................I-1

List of Documents, Exhibits, and Other Attachments..................................................................J-1

Representations, Certifications, and Other Statements of Offerors or Respondents...................K-1

Instructions, Conditions, and Notice to Offerors or Respondents...............................................L-1

Evaluation Factors for Award.....................................................................................................M-1

Technical Evaluation Form 2

Table of Contents

(This page intentionally left blank)

A-1

Notice to Offerors Project: Western Region Pavement Preservation MATOC

PART I

SECTION A. SOLICITATION/CONTRACT FORM NOTICE TO

OFFERORS SF 1442, SOLICITATION, OFFER AND AWARD

A.1 NOTICE TO OFFERORS

Solicitation Overview

The primary objective of this solicitation is to solicit qualified firms for award of a set of Multiple Award Task Order Contracts (MATOCs) covering a 5-year period for Roadway construction consisting of rapid response roadway surfacing, resurfacing, and repair contracting tool for work in Oregon, Idaho, Washington, Montana, Texas, Nevada, Arizona, Utah, Colorado, New Mexico, Wyoming, Oklahoma, California and other states as required. We plan to award up to 8 Indefinite Delivery, Indefinite Quantity (IDIQ) MATOCs; anticipating at least two will be reserved for Small Business concerns.

Pre-proposal Information

This solicitation and subsequent contracts are governed by the Federal Acquisition Regulation (FAR) and agency supplemental regulations. Task Orders to be issued under subsequent contracts will be governed by the FAR, agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14. An electronic version of the FP-14 may be found at http://flh.fhwa.dot.gov/business/resources/ specs/. A single paper copy can also be obtained from the Research & Technology Product Distribution Center (RTPDC) by e-mail to: report.center@dot.gov, or by phone 814-239-1160, or fax 814-239-2156.

NOTICE OF SAM REGISTRATION

You must register in the System for Award Management (SAM) prior to award of this contract. Failure to register prior to contract award will require award to be offered to the next successful registered Offeror. See FAR Subpart 4.1103(b). Register online at https://www.sam.gov/portal/public/SAM/.

Representations & Certifications Submit or update Representations and Certifications online at https://www.sam.gov/portal/public/SAM/ before proposal submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see section K). If you have previously registered on-line and the NAICS code for this solicitation (237310) is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

Form SF 1442 Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. Sign

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Project: Western Region Pavement Preservation MATOC

Block 20B. You must submit a completed ‘Authority to Sign’ document for the individual signing in block 20B. You must also complete the representations and certifications contained in the Contract Provisions beginning on page K-1. Failure to furnish or complete any of the above may result in your offer being rejected.

Fax and Email Facsimile and email offers are not authorized for this solicitation. Offers may be modified or withdrawn by facsimile and email, if such notice is received by the time specified for receipt of offers. The Government will not be responsible for any failure attributable to the transmission or receipt of facsimile or email data. See FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition. Fax 360.619.7932, Email WFL.Contracts@dot.gov.

Proposal Submittals See Sections L and M.

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/.

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.

Post Award Information

Insurance Insurance requirements will be specified in the Task Orders.

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 for assistance or for a copy of the evaluation.

A-2a

Notice Offerors Project: Western Region Pavement Preservation MATOC

Task Orders All work will be issued by Task Order. Two separate Task Order solicitations are issued concurrently with this MATOC Solicitation to determine price competitiveness.

A-2b

See Page A-5

11/30

01/09/2018

Western Region Pavement Preservation MATOC x specificed on each TO-RFP

(required on a Task Order basis)

A-3

Unique Entity Identifier (formerly DUNS):

Cage Code:

As Determined on Each Task Order

As Determined on Each Task Order

See Task Order

Finance Section x

As Determined on Each Task Order As Determined on Each Task Order

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A-5

Continuation of SF1442 Project: Western Region Pavement Preservation MATOC

SF 1442, Solicitation, Offer and Award

Block 9 FOR GENERAL and 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, 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.

SUBCONTRACTING PLAN. This Request for Proposals requires an offeror who is a LARGE business to submit a Master Subcontracting Plan prior to MATOC award. A large business is one whose average gross annual receipts over the past 3 years equal $36.5 million or more. For your information the subcontracting plan form is included in the Appendix, Page 1. This requirement does not apply to SMALL businesses.

mailto:wfl.contracts@dot.gov mailto:wfl.plans-spec@dot.gov mailto:wfl.plans-spec@dot.gov https://www.fbo.gov/

A-6

Continuation of SF1442

B-1

Section B - Supplies or Services and Prices/Costs Project: Western Region Pavement Preservation MATOC

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICE/COSTS

Item No. Description 0001 Construction, Multiple Award Task Order Contract (MATOC). Work under this MATOC will include, but is not limited to the following construction services: traffic control, contractor sampling and testing, asphalt milling, profile grinding, asphalt paving, thin asphalt overlays, patching, crack & joint sealing for flexible and rigid pavements, chip sealing, micro surfacing, slurry seals, ultra-thin bonded wearing course, subexcavation, minor drainage improvements, placement of aggregate, roadway pulverization, grading, and slope stabilization.

Offerors must submit a price for:

CA NPS PP JOTR 2017(1), Pavement Preservation Joshua Tree; or MT PARK NF 486(1), Mill Creek Road Surface Preservation Project

Note: Offerors are required to submit pricing on at least one Task Order Request for Proposal (projects) posted in concurrence with this MATOC RFP to be considered for MATOC award.

The Task Orders are being issued simultaneously with this MATOC RFP. The Government will award each of the first Task Orders to the firm, being awarded a MATOC, which submits the lowest priced offer in response to the Task Order RFP.

CLAUSES AND PROVISIONS:

1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

2. Clauses and provisions in this document are numbered in sequence, but do not necessarily appear in consecutive order.

3. Section K, L and M will be physically removed from the award but deemed incorporated by reference.

B-2

Section B - Supplies or Services and Prices/Costs

C-1

Section C - Description/Specifications/Statement of Work Western Region Pavement Preservation MATOC

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 OVERVIEW

Summary of Need The purpose of this Indefinite Delivery/Indefinite Quantity Multiple-Award Task Order Contract (MATOC) is to provide roadway construction through a rapid response roadway surfacing, resurfacing, and repair contracting tool for work in Oregon, Idaho, Washington, Montana, Texas, Nevada, Arizona, Utah, Colorado, New Mexico, Wyoming, Oklahoma, California and other states as required.

Work items for Task Orders will include, but are not limited to, the following construction services (intended to be used under a typical pavement preservation contract): traffic control;

contractor sampling and testing; asphalt milling; profile grinding; asphalt paving; thin asphalt overlays; patching, crack & joint sealing for flexible and rigid pavements; chip sealing; micro surfacing; slurry seals; ultra-thin bonded wearing course; subexcavation; minor drainage improvements; placement of aggregate; roadway pulverization; grading; slope stabilization; and other items of work associated with pavement preservation projects. Projects may be in environmentally sensitive areas that necessitate context-sensitive construction techniques and processes.

This work will be funded primarily through the National Parks Pavement Preservation program, which involves roads owned and operated by the National Park Service. Project funding may also include, but is not limited to, the Federal Lands Access Program and Federal Lands Transportation Program, which may include work involving States, local municipal agencies, the United States Forest Service (USFS), Bureau of Land Management (BLM), and Department of Defense (DOD).

Minimum Guarantee The minimum guaranteed amount for the entire life of the contract period is $15,000 for each contract awarded. The minimum may be awarded at any time during the life of the contract.

Umbrella Contracts and Ceiling This procurement will result in award of up to 8 MATOCs. The number of actual awards is dependent upon the merits of the proposals received. This solicitation is a Partial Small Business Reserve and we propose that at least two MATOCs will be reserved for small business concerns.

The combined maximum quantity (ceiling) to be ordered over the life of the MATOCs is $150,000,000. The ceiling for the MATOCs are calculated as the sum of all Task Order awards and contract modifications for all contract holders. Each MATOC will be for a 60-month period.

Task Orders All work will be awarded on a Task Order basis. The intent is to allow for award of Task Orders within approximately 30 calendar days from the Request for Proposal (RFP) date. This will require proposals to be submitted within approximately 14 days from the RFP date for individual Task Orders. Task Orders will vary in size ranging from approximately $25,000 to $15,000,000.

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Western Region Pavement Preservation MATOC

At the Contracting Officer’s discretion, projects under $25,000 and over $15,000,000 may be awarded. Bonding will only be required for individual task orders.

As requirements develop and funding becomes available, Task Order RFPs will be issued. It is anticipated that most, if not all, of the Task Orders will be awarded based on competition between all MATOC contract holders.

Types of Task Orders - Task Orders may be firm fixed-price (FFP) with separately priced bid items, FFP with economic price adjustments (fuel, asphalt), or FFP lump sum job (generally for smaller projects). All Task Orders will have a specific period of performance or completion date.

Anticipated Projects – The table below lists current anticipated projects. This list is provided for informational purposes only. The Government is not guaranteeing the delivery of these projects via this MATOC.

Anticipated Award Date

Project Number Project Name Price Range

February 2018 MT NPS GLAC 2017(1)

Pavement Preservation Glacier

$7,000,000 - $10,000,000

February 2018 CA NPS YOSE 2018(1)

Pavement Preservation Yosemite

$3,000,000 - $5,000,000

September 2018 CA NPS PP

DEVA 2016(10)

Pavement Preservation Death Valley Phase II

$3,000,000 - $5,000,000

January 2019 TBD Pavement Preservation California (CABR-Cabrillo National Monument, JOTR- Joshua Tree National Park & SAMO-Santa Monica Mountains National Historic Recreation Area)

$5,000,000 - $7,000,000

January 2019 TBD Pavement Preservation Arizona 2019

$3,000,000 - $5,000,000

February 2019 TBD Pavement Preservation Washington (MORA-Mount Rainier National Park &

$3,000,000 - $5,000,000

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Western Region Pavement Preservation MATOC

SAJH-San Juan Island National Park)

February 2019 TBD Pavement Preservation Grand Teton

$3,000,000 - $5,000,000

January 2020 TBD Pavement Preservation Washington (NOCA-North Cascades National Park & LARO-Lake Roosevelt National Park)

$2,000,000 - $3,000,000

February 2020 TBD Pavement Preservation Washington (MORA Phase

II)

$3,000,000 - $5,000,000

February 2020 TBD Pavement Preservation California (SEKI-Sequoia and Kings Canyon National Park)

$3,000,000 - $5,000,000

February 2020 TBD Pavement Preservation Grand Canyon

$7,000,000 - $10,000,000

January 2021 TBD Pavement Preservation Big Bend

$7,000,000 - $10,000,000

January 2021 TBD NPS Project – To Be Determined

$15.0M (for multiple projects)

January 2022 TBD NPS Project – To Be Determined

$15.0M (for multiple projects)

January 2022 TBD NPS Project – To Be Determined

$10.0M (for multiple projects)

C.2 SPECIFICATIONS

It is anticipated that the majority of work will incorporate the specifications of the American Association of State Highway Transportation Officials (AASHTO), and specifications based on the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.

Standard Specifications The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) are issued primarily for constructing roads and bridges on Federal Highway projects under the direct administration of the Federal Highway Administration. This can be found at:

https://www.flh.fhwa.dot.gov/resources/specs/fp-14/.

http://www.flh.fhwa.dot.gov/resources/pse/specs/fp-14/

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Western Region Pavement Preservation MATOC

Federal Lands Highway (FLH) Standard Drawings FLH Standard Drawings include various design details that may be included in a project. Files are available in MicroStation® and Acrobat® formats. These can be found at:

http://flh.fhwa.dot.gov/resources/pse/standard/.

Western Federal Lands Highway (WFLHD) Library of Supplemental Specifications (FP-14 and future versions) Special Contract Requirements (SCRs) supplement the FP-14. A library of these SCRs can be found at: https://flh.fhwa.dot.gov/resources/specs/fp-14/wfl/. This library does not include all SCRs that may be developed for a specific project.

Construction Management Resources Manuals, forms, test procedures and other resources for contract administration can be found at:

https://flh.fhwa.dot.gov/resources/construction/.

These documents are periodically updated.

C.3 WAGE RATES

Davis Bacon Wage Rates are applicable to construction Task Orders awarded under the MATOC. Project specific Wage Determinations will be included with each Task Order.

C.4 ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS

Task Order proposals will not be publicly opened or released. Unsuccessful Offeror’s proposal information will not be made available.

1. Task Order Synopsis. When the Government requires work under the MATOC and time allows, a Task Order synopsis will be issued to the MATOC Contractors. The synopsis will provide a brief description of the project and the anticipated issue date. The synopsis may be issued via e-mail, fax or mail, or posted to https://www.fbo.gov/.

2. Task Order Requests for Proposals (TO-RFP). When the Government requires work under the MATOC, a TO-RFP will be issued. The TO-RFP will include information concerning the project such as contract requirements, physical data, drawings, site visit details, evaluation criteria, and submission requirements (e.g. bid schedule, proposal requirements, etc).

A. Task Order Contents (Typical TO-RFPs will contain the following, as applicable)

i. Notice to Offerors

ii. SF 1442 Solicitation Offer and Award (form) http://flh.fhwa.dot.gov/resources/pse/standard/ https://flh.fhwa.dot.gov/resources/specs/fp-14/wfl/ https://flh.fhwa.dot.gov/resources/construction/ https://www.fbo.gov/

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iii. Bid Schedule

iv. Provisions

v. Clauses

vi. Davis-Bacon Wage Rates

vii. Special Contract Requirements

viii. Permits

ix. Physical Data (if applicable)

x. Plans

xi. Other information as applicable

B. Task Order Pre-award Expenses. The Offeror will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-award Task Order expenses.

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

D. Proposal Contents. Depending upon the requirements of each TO-RFP, the Offeror may be required to provide a price proposal only, or a technical proposal and a price proposal. Offerors shall respond within the number of calendar days stated in the TO-RFP by submitting a proposal to the Contracting Officer in accordance with the specific requirements of the TO-RFP.

E. Contract Prices/Bid Schedules. The Government’s payment for the items listed in the Bid Schedule of individual Task Orders shall constitute full compensation to the Contractor for:

i. Furnishing all labor, equipment, services, and materials; and

ii. Performing all operations required to complete the work in conformity with the Task Order. The Offeror shall include in the prices for the items listed in the Bid Schedule all costs for work in the scope of work, whether specifically listed in the Bid Schedule or not.

F. Offer Guarantee. The Offeror will be required to submit bid bonds along with its proposal.

G. Deviations. Proposals that deviate from the TO requirements may be rejected or delay award.

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Western Region Pavement Preservation MATOC

H. Declining a Task Order.

With the exception of the TO-RFPs being issued with this solicitation to evaluate pricing, Contractors are not required to submit a proposal for each TO-RFP. The Contractor must decline a project by written notice to the CO stating the reason, submitted no later than 5 business days before the TO-RFP proposal due date. MATOC Contractors who do not propose on at least 50% of available projects offered within a 24-month period may be determined, at the Contracting Officer’s discretion, to be ineligible for the MATOC minimum guarantee (see Section C.1) and may be determined ineligible to compete under future TO-RFPs.

I. Fair Opportunity. All MATOC Contractors will be given fair opportunity to be considered for each order exceeding $3,500 issued under this MATOC except as provided below:

i. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

ii. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

iii. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

iv. It is necessary to place an order to satisfy a minimum guarantee;

v. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source; or

vi. The Contracting Officer sets aside the order for small businesses (see Section C.6).

In determining eligibility to compete, the Contracting Officer will consider such factors as performance on Task Orders under the MATOC, quality, timeliness, special expertise or other factors the Contracting Officer determines are relevant to the award of a Task Order. Failure to prosecute the work diligently on Task Orders may be cause for the Contracting Officer to determine a Contractor ineligible to compete on a TO-RFP. Additional factors that may make a Contractor ineligible to compete include:

i. The Contracting Officer determines past performance makes the Contractor ineligible;

ii. The Contracting Officer determines a Contractor ineligible to compete based on failure to propose on previous task orders;

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iii. A sole source action is justified (see Section C.5 below);

J. Evaluation Method and Procedures. The basis of award for individual Task Orders may vary depending upon the goals and objectives of each Task Order.

The basis of award will be described in the TO-RFP. Examples of basis for award are:

i. The Task Order award will be based on price only.

ii. The Task Order will be awarded to the Contractor offering the best value to the Government, considering both price and non-price factors. The Government reserves the right to accept other than the lowest priced offer. The TO-RFP will describe whether price is less important, more important, or equal in importance to non-price factors.

The Government reserves the right to reject all offers.

K. Discussions. Whenever possible, award will be made without discussions.

However, the Government reserves the right to conduct discussions.

3. Task Order Award

A. Task Order Award Notification. Task Order award will be sent via email or facsimile. The Task Order becomes binding when the Contracting Officer signs the order. The Notice to Proceed (NTP) will be issued separately normally after receipt of acceptable performance and payment bonds.

B. Insurance. Appropriate proof of insurance, in accordance with FP-14 107.05, must be in place before work commences on any task order.

C. Performance/Payment Bonds. The Contractor shall submit Performance and Payment Bond documents on a Task Order basis. The Contractor shall ensure the MATOC contract number AND the Task Order number are included on each Performance and Payment Bond document. Bond documents not containing the required information may be rejected for corrections.

D. Electronic vs. Paper Copies The Government will either provide electronic or paper copies of the awarded Task Order. Any necessary reproduction for Contractor use shall be at the Contractor’s expense.

C.5 ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

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Western Region Pavement Preservation MATOC

A. The Contracting Officer reserves the right to award a sole source task order in the following instance:

i. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; or

ii. Only one IDIQ Contractor is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; or

iii. The order must be issued on a sole-source basis in the interest of the economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

iv. It is necessary to place an order to satisfy a minimum guarantee

B. Ordering procedures will largely follow the Competitive Task Order procedures modified as appropriate for a sole source environment.

C. Provide copies of subcontractor/supplier quotes with profit overhead separately identified. The subcontractor/suppler quotes shall be in enough detail for the Government to discern the scope of the services and materials included in the price.

D. Subcontractor costs must show adequate competition. Adequate competition may normally be assumed when there are at least three independent subcontractor/supplier quotes.

E. All prices must be fair and reasonable. If required, audits may be performed. The Government may conduct negotiations.

C.6 TASK ORDERS SET-ASIDE FOR SMALL BUSINESS

In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), Contracting Officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). Task Orders set aside for small business concerns will be competed among the small business MATOC Contractors following the ordering procedures for Competitive Task Orders.

C.7 PERFORMANCE EVALUATIONS

C-9

A. At the conclusion of each Task Order, at yearly intervals when Task Order period of performance is longer than 1 year, or when the Contractor’s performance is considered less than satisfactory, the Government will complete a Contractor’s performance evaluation. The evaluation will take into account all aspects of the Contractor’s performance. The Contractor will be provided a copy of the performance evaluation through the Contractor Performance Rating System.

B. This office posts performance evaluations in the Contractor Performance Rating System https://www.cpars.gov/index.htm. Upon receiving notice of evaluation availability, you will be given an opportunity to review the evaluation and submit comments. If you are unable to access the system, call 360.619.7520 for a copy of the evaluation. A user’s manual can be found at https://www.cpars.gov/pdfs/CPARS_User_Manual.pdf.

C.8 PROTESTS OF TASK ORDER AWARDS

In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

If a Contractor believes they were not fairly considered for a particular task order, the Contractor may present the matter to the CO. The Contractor may appeal the explanation or decision of the CO to the Ombudsman/Associate Administrator (HFL-1), Office of Federal Lands Highway, 1200 New Jersey Avenue SE, Room E61-337, Washington D.C. 20590. The Ombudsman will review the Contractor's complaint, and in coordination with the CO, ensure that the Contractor was afforded a fair opportunity to be considered for the task order.

C.9 GENERAL CONTRACT REQUIREMENTS

A. Master Subcontracting Plan (applicable to large businesses). Implement and closely follow the approved “Master Subcontracting Plan.” The Contractor or the CO may request modifications to the Master Subcontracting Plan. Submit requests in writing.

Changes will be incorporated by bilateral modification.

B. Task Order Subcontracting Plan (applicable to Large Businesses). Submit a Task Order Subcontracting plan as requested by the CO.

C. Additional MATOC awards. The Government reserves the right to issue additional solicitations and award additional MATOCs covering the same scope of work and with the same geographic constraints as this contract. In this event additional Contractors receive MATOCs, those new MATOC Contractors, in accordance with the terms of their https://www.cpars.gov/index.htm https://www.cpars.gov/pdfs/CPARS_User_Manual.pdf

C-10 contracts, may compete for task orders with the Contractors selected under this solicitation.

C.10 MINIMUM STANDARDS FOR CRITICAL TASKS

TO-RFPs may set minimum employee and firm qualifications for critical tasks. The Contractor will be required to provide personnel and firms that meet or exceed the minimum qualification standards established in the TO-RFP.

D-1

Section D - Packaging and Marking

SECTION D. PACKAGING AND MARKING

D-2

Section D - Packaging and Marking

E-1

Section E - Inspection and Acceptance

SECTION E. INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference (Feb 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far.

FAR NUMBER TITLE DATE

52.246-12 Inspection of Construction Aug 1996 https://www.acquisition.gov/far

E-2

Section E - Inspection and Acceptance

F-1

Section F – Deliveries and Performance Project: Western Region Pavement Preservation MATOC

SECTION F. DELIVERIES AND PERFORMANCE

FAR Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far

FAR NUMBER TITLE DATE

52.211-13 Time Extensions

**NOTE** (Applicable to projects with interim or multiple completion dates)

Sept 2000

52.211-18 Variation of Estimated Quantity Apr 1984 52.242-14 Suspension of Work Apr 1984

Period of Service This contract will be in effect for 60 months from the date of award. No work can be ordered after this 60 months have passed.

All Task Orders will have their own completion date. Task Orders issued on or before the end of the 60th month period may have a completion date that extends beyond the end of the 60-month period (completion date of the contract).

https://www.acquisition.gov/far

F-2

Section F – Deliveries and Performance

G-1

Section G – Contract Administration Data Project: Western Region Pavement Preservation MATOC

SECTION G. CONTRACT ADMINISTRATION DATA

ACCOUNTING & APPROPRIATION DATA

This data will be included in individual Task Order Award documents.

GOVERNMENT-FURNISHED PROPERTY

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

See Task Order Clauses (Clauses begin on page C-1 of each Task Order) and TO specifications.

CONTRACTING OFFICERS

The Contracting Officer(s) responsible for the MATOC contracts and soliciting/awarding Task Orders may be contacted at:

Western Federal Lands Highway Division 610 East Fifth Street Vancouver WA 98661-3801 Email: WFL.Contracts@dot.gov Fax: (360) 619-7932 Phone: (360) 619-7520

G-2

Section G – Contract Administration Data

H-1

Section H – Special Contract Requirements Project: Western Region Pavement Preservation MATOC

SECTION H. SPECIAL CONTRACT REQUIREMENTS

SHOP DRAWINGS, SUBMITTALS, & AS-BUILTS

Prepare all shop drawings, submittals, and as-builts for each Task Order in accordance with requirements contained therein and in FAR clause 52.236-21 Specifications and Drawings for Construction.

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.

• 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.

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

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

Partnering can be formal or informal.

H-2

Section H – Special Contract Requirements Project: Western Region Pavement Preservation MATOC

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

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

An informal Partnering meeting can help facilitate this relationship by improving communication and encouraging cooperation. The substance of an informal Partnering meeting would be determined by mutual agreement prior to or at the preconstruction conference.

Participation in an informal Partnering meeting is voluntary. Costs of implementing and maintaining the partnership would be the responsibility of the party incurring the cost.

I-1

Section I – Federal Acquisition Regulation Contract Clauses Western Region Pavement Preservation MATOC

PART II

SECTION I. FEDERAL ACQUISITION REGULATION CONTRACT

CLAUSES

IDIQ MATOC CLAUSES BY REFERENCE NOTE: Each Task Order will contain the most up to date versions and required clauses as applicable.

52.252-2 Clauses Incorporated by Reference (Feb 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar

FAR NUMBER TITLE DATE

52.202-1 Definitions Nov 2013 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the

Government Sep 2006

52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Oct 2010

52.203-13 Contractor Code of Business Ethics and Conduct Oct 2015 52.203-14 Display of Hotline Poster(s) Oct 2015 52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

Apr 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Oct 2016

52.204-13 System for Award Management Maintenance Oct 2016

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

Oct 2016

52.204-18 Commercial and Government Entity Code Maintenance

Jul 2016

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

Jun 2016

I-2

Western Region Pavement Preservation MATOC

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Oct 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Jul 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov 2015

52.210-1 Market Research Apr 2011 52.215-2 Audit and Records—Negotiation Oct 2010 52.215-8 Order of Precedence—Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or

Pricing Data **NOTE** (use if Task Order requires cost and pricing data)

Aug 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data – Modifications **NOTE** (use if Task Order requires cost and pricing data)

Aug 2011

52.215-12 Subcontractor Certified Cost or Pricing Data Oct 2010 52.215-13 Subcontractor Certified Cost or Pricing Data –

Modifications **NOTE** (use if Task Order requires cost and pricing data)

Oct 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions **NOTE** (use if Task Order requires cost and pricing data)

Jul 2005

52.215-19 Notification of Ownership Changes **NOTE** (use if Task Order requires cost and pricing data)

Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications **NOTE** (use if Task Order requires cost and pricing data)

Oct 2010

52.216-4 Economic Price Adjustment -- Labor and Material Jan 2017 52.219-8 Utilization of Small Business Concerns Nov 2016 52.219-9 Small Business Subcontracting Plan Alternate II (Nov

2016) **NOTE** (Applicable to large business concerns)

Jan 2017

52.219-14 Limitations on Subcontracting Jan 2017 52.219-16 Liquidated Damages—Subcontracting Plan Jan 1999 52.219-28 Post-Award Small Business Program Re-representation Jul 2013

52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards --

Overtime Compensation.

May 2014

52.222-6 Construction Wage Rate Requirements May 2014 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records May 2014 52.222-9 Apprentices and Trainee Jul 2005

I-3

Western Region Pavement Preservation MATOC

52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination -- Debarment May 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr 2015

52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Veterans Feb 2016 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Mar 2015 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 222-55 -- Minimum Wages Under Executive Order

13658 Dec 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts Sep 2013

52.223-3 Hazardous Material Identification and Material Safety Data Alternate I (Jul 1995)

Jan 1997

52.223-6 Drug-Free Workplace May 2001 52.223-17 Affirmative Procurement of…