Amendment_0002_-_MWR_PMS_IN(1).pdf

(x)

DTFH7114B00017

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Sterling VA 20166-6511

EFLHD-CO

21400 Ridgetop Circle Construction Office Eastern Federal Lands Highway Div.

Federal Highway Administration

Sterling VA 20166-6511

EFLHD-AC

21400 Ridgetop Circle Acquisitions Office Eastern Federal Lands Highway Div.

Federal Highway Administration

MWR PMS IN(1)05/23/20140002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/17/2014

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment is to:

1) Revise the Special Contract Requirements (J Pages) as follows:

a) Section 403 to add requirements that would allow the use of warm mix asphalt if requested by the Contractor.

2) Replace the Construction Contract Requirements (Section H) to reduce the % work required by the Prime Contractor.

3) Replace the Notice to Bidders sheets (pages 1 and 2) to reduce the % work required by the Prime Contractor.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 12

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

DTFH7114B00017/0002

4) Bid Opening date is extended to June 10, 2014, at 2:00 p.m. EST.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Amendment No. 0002

Info Page 1 of 1

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

Project MWR PMS IN(1)

Indiana Dunes National Lakeshore Solicitation: DTFH71-14-B-00017

The purpose of this Amendment is to:

1) Revise the Special Contract Requirements (J Pages) as follows:

a) Section 403 to add requirements that would allow the use of warm mix asphalt if requested by the Contractor.

2) Replace the Construction Contract Requirements (Section H) to reduce the % work required by the Prime Contractor.

3) Replace the Notice to Bidders sheets (pages 1 and 2) to reduce the % work required by the Prime Contractor.

4) Bid Opening date is extended to June 10, 2014, at 2:00 p.m. EST.

SCR Changes Page 1 of 2

Special Contract Requirements (J Pages) changes

1. Add the following to Section 403 of the Special Contract Requirements, page J-15 thru J-17:

403.01. Delete the first paragraph and substitute the following:

This work consists of constructing one or more courses of hot asphalt concrete pavement using hot or warm mix asphalt.

403.03. Add the following:

Apply all mix design requirements for hot mix asphalt to the development of the warm mix asphalt mix design. Provide any modifications to the process required for the specific warm mix asphalt technology. Submit modifications to the mix design process in accordance with AASHTO R 35 for approval by the CO.

403.03(b). Add the following:

(5) Warm mix technology and additive information.

(a) 1-gallon sample of warm mix asphalt additive and methodology for incorporating into mix design process.

(b) Warm mix asphalt manufacturer’s recommendations for usage and established target rate for the additive.

(c) Documentation of at least three successful warm mix asphalt technology field applications including project type, project owner, tonnage placed, mix design, mixture volumetrics, and performance.

(d) Temperature range for laboratory mixing and compacting.

(e) Asphalt binder performance grade test data over the range of warm mix asphalt additive percentages proposed for use, if applicable.

(f) Compatibility of warm mix asphalt additive with asphalt binder and anti-stripping agent.

(g) Temperature range for field mix production, delivery, lay-down and compaction.

SCR Changes Page 2 of 2

403.04. Delete the Subsection and substitute the following:

403.04 Mixing Plant. See Subsection 401.04 and add the following:

(d) Warm mix asphalt plant modifications.

(1) Modify the mixing plant as required by the manufacturer to introduce the warm mix asphalt technology. Interlock the warm mix asphalt additive delivery system with the automated proportioning system.

(2) Comply with manufacturer’s recommendations for incorporating additives and warm mix asphalt technologies into the mix. Comply with manufacturer’s recommendations regarding delivery and storage of additives.

(3) Modify the plant burner and/or drum flights in order to operate at lower production temperatures.

403.13. Add the following:

Place warm mix asphalt at temperatures conforming to the warm mix asphalt technology manufacturer’s guidelines for lift thickness and road surface temperatures.

403.17. Delete the second paragraph and substitute the following:

Mineral filler, antistrip additives, recycling agent, and warm mix asphalt additives will be evaluated under Subsections 106.02 and 106.03.

H-1

FEDERAL ACQUISITION REGULATION AND

TRANSPORTATION ACQUISITION REGULATION CLAUSES

CONSTRUCTION CONTRACT REQUIREMENTS

(Updated through FAC 2005-73)

52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (SEE SF 1442, BLOCK 11 FOR NUMBER OF DAYS) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (THE TIME INDICATED IN THE CONTINUATION OF THE SF 1442, BLOCK 11). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.211-12 LIQUIDATED DAMAGES—

CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (SEE

SUBSECTION 108.04 OF THE FP AND/OR SPECIAL

CONTRACT REQUIREMENTS FOR AMOUNT) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-18 VARIATION IN ESTIMATED QUANTITY

(Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

52.236-1 PERFORMANCE OF WORK BY THE

CONTRACTOR (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations

(SEE CONTINUATION OF SF 1442, BLOCK 9).

(b) Weather conditions: CONTACT LOCAL OFFICE

OF NATIONAL WEATHER SERVICE, U.S.

DEPARTMENT OF COMMERCE.

(c) Transportation facilities: N/A

(d) Other Information: SEE CONTINUATION OF SF

1442, BLOCK 9.

Local Clause:

U.S. Department of Transportation Federal Highway Administration

Office of Acquisition Management Acquisition Procedural Memorandum (APM)

Purpose: This Acquisition Procedural Memorandum (APM) provides guidance for Federal Highway

Administration (FHWA) and Federal Lands Highway Division Contracting Officers, Contract Specialists, and

Contracting Officer’s Representatives (COR) on the requirement to electronically collect and input past performance information on contractors through the use of the Contractor Performance Assessment Reporting System

(CPARS), including the Architect-Engineer Contract Administration Support System (ACASS) and the

Construction Contractor Appraisal Support System

(CCASS).

Title: Past Performance Evaluation of Contractors

Number: 002-B Effective Date: April 10, 2012 Cross References:

Federal Acquisition Regulation (FAR): 42.1502, 42.1503, and 15.304 Transportation Acquisition Manual 1242.1500

H-2

Background: The Federal Acquisition Regulation (FAR) requires that contractor performance information be collected (FAR Part 42) and used in source selection evaluations (FAR Part 15). FAR Subpart 42.1502 requires that all agencies prepare an evaluation of contractor performance for each contract in excess of the simplified acquisition threshold (SAT). Interim evaluations shall also be prepared to provide current information for source selection purposes, for contracts or orders with a period of performance, including options.

Effective October 1, 2010, all Department of Transportation Operating Administrations were required to use CPARS to complete interim and final past performance evaluations on contractors. General information on the use of this Internet-based system can be found at the CPARS site. The previous system that was used to collect past performance on contractors was the National Institutes of Health (NIH) Contractor Performance System (CPS).

General Requirements/Procedures A. Applicability

This APM applies to all contract actions over the SAT for supplies and services, with the exclusion of the exceptions listed in Section B of this APM. This includes orders placed against a Federal Supply Schedule contract and orders against contracts awarded by another agency. For Basic Ordering Agreements, a Contractor Performance Assessment Report (CPAR) should only be completed for each order meeting the reporting threshold. When an indefinite-delivery contract or a Blanket Purchase Agreement will be used by one Program Office, one CPAR can be completed; however, more than one CPAR can be written if the Contracting Officer determines it is necessary.

When multiple Program Offices will use the indefinite-delivery contract or Blanket Purchase Agreement, separate CPARs are required for each program office. Under no circumstances shall one CPAR be written for multiple vendors.

Combining orders into one CPAR is not feasible when the individual orders could be significantly different. When orders are combined, the narrative describing the contractor’s performance on each order, both positive and negative, must be included so that the breadth and quality of information is available for source selection official use.

Both acquisition and program office personnel are required to participate in these electronic assessments.

B. Exceptions

1. This procedure does not apply to the following:

a. Contracts awarded under FAR Part 8.6, Acquisition from Federal Prison Industries

b. Assistance Agreements (grants and cooperative agreements)

c. Test Program for Certain Commercial Items or commercial item awards if simplified acquisition procedures are used.

In cases where simplified acquisition procedures are not used, this APM would be applicable to the award of all commercial items/services in excess of the SAT.

d. Interagency Agreements.

e. Expired contracts subject to the exception at Section G of this memorandum.

2. The following exceptions to Subpart 42.1502 apply:

a. Past performance evaluations shall be prepared via the CCASS module for each construction contract of $650,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $650,000.

b. Past performance evaluations shall be prepared via the ACASS module for each architect-engineer services contract of $30,000 or more and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $30,000.

c. Agencies shall not evaluate performance for contracts awarded under Subpart 8.7 (Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled).

C. General Guidelines

HAAM-10 will register contracts in CPARS within 30 calendar days from date of award. All evaluations are due within 120 calendar days after the end of the assessment period.

CPARS collects contractor performance information and passes it to the Past Performance Information Retrieval System (PPIRS). PPIRS is the Government wide performance information repository and shares performance information with all Federal Government agencies. CPARS hosts a suite of web-enabled applications that are used to collect the contractor performance information required by Federal Regulations. CPARS Automated Information System (AIS) collection tool and other CPARS information can be accessed at the CPARS site.

All CPARS information is treated as “For Official Use Only/Source Selection Information” in accordance with FAR 2.101 and FAR 3.104. A CPAR contains sensitive data concerning a contractor and it’s performance.

Disclosure of such information could cause harm to the commercial interest of the Government and to the competitive position of the contractor being evaluated.

Distribution of CPARs among agencies will be made solely http://www.cpars.gov/

H-3 through the use of PPIRS.

D. Access

CPARS is composed of three modules. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect- Engineer contracts. The Construction Contractor Appraisal Support System (CCASS) module assesses performance on construction contracts.

Only Government employees can be CPARS Focal Points.

The Focal Point registers contracts and sets up user access that restricts access on a contract-by-contract basis, based on an individual’s assigned responsibility in the process.

Access to CPARS AIS and other performance information will be restricted to those individuals with an official need to know.

The same User ID and password will provide access to the three modules in CPARS. Users of CPARS should refer to the on-line CPARS user’s manual. Focal Points can request a User ID by completing the Focal Point Access Request Form. All other roles (Assessing Official, Assessing Official Rep, etc.) will receive a User ID once the person is assigned a role by the Focal Point for a contract in CPARS.

E. Roles

1. Focal Point: The Focal Point coordinates CPARS access (create User IDs/passwords) and registers contracts that will require a contractor performance assessment. The Focal Point assists the Assessing Official in implementing the automated CPARS process by providing training and helping with administrative matters to ensure that assessments are completed in a timely manner and are of high quality.

2. Assessing Official Representative (AOR): The Assessing Official Representative has the authority to initiate and update assessments, but does not have the authority to send the assessment to the Contractor Representative or to finalize an assessment.

3. Assessing Official (AO): The Assessing Official is responsible for evaluating contractor performance and for validating the proposed ratings and remarks entered by the Assessing Official Representative(s). Assessing Officials have “signature” authority and are allowed to forward assessments to the Contractor Representative for review and comment. After receiving and reviewing contractor comments, the Assessing Official has the authority to close, modify, and/or forward the assessment to the Reviewing Official.

4. Contractor Representative: The Contractor Representative is responsible for reviewing and commenting on proposed ratings and remarks for all assessments forwarded by the Government Assessing Official.

5. Reviewing Official: The Reviewing Official is responsible for ensuring that the assessment is a fair and accurate assessment of the Contractor's performance for the specific contract/order and performance period. The Reviewing Official must acknowledge consideration of any significant discrepancies between the Assessing Official’s assessment and the Contractor's remarks.

F. Responsibilities

1. Contract Specialists. Contract Specialists are responsible for completing the CPARS Registration Request Form and forwarding to HAAM-10 for processing within ten calendar days of contract award.

Contract Specialists can be assigned as either Assessing Official Representatives to assist the Contracting Officer and COR with the evaluation, or designated as the Assessing Official based on the Contracting Officer’s determination for each contract.

2. HAAM-10: HAAM-10 is responsible for the implementation of this procedure, CPARS training, evaluating compliance metrics, and registering contracts and assigning roles in CPARS. HAAM-10 will provide monthly CPARS Status Reports to Division Chiefs and Team Leaders. For HAAM, the Focal Point role will transfer to HAAM-10 once active contracts (anything awarded prior to June 7, 2011) have been registered and assigned roles in CPARS by HAAM-20. Federal Lands Highway Division will continue to have Focal Points in their respective locations. The Focal Point will register all contracts and assign roles in CPARS within five calendar days after receipt of the CPARS Registration Request Form from Contract Specialists.

3. COR: The COR is designated as the Assessing Official Representative in CPARS. Upon notice from the Assessing Official and/or system-generated email, the COR shall initiate the evaluation in CPARS. The COR will be given no more than 30 calendar days to complete their portion of the evaluation.

4. Contracting Officers. Contracting Officers (or designated Contract Specialists) are responsible for reviewing evaluation information submitted by the CORs into CPARS, forwarding evaluations to the contractor, and reviewing the evaluation for accuracy before it is finalized in CPARS.

The requirement to complete past performance evaluations shall be identified in the COR delegation letter.

The Contracting Officer or his designee is designated as the Assessing Official in CPARS. The Assessing Official (Contracting Officer) and Assessing Official Representative (COR) will receive a system generated email to initiate evaluations for contracts 90 days prior to the exercise of http://www.ppirs.gov/favicon.ico http://www.cpars.gov/cparsfiles/pdfs/CPARS_User_Manual.pdf https://www.cpars.gov/accessforms/NSLCPTSMH_NDFPUAR.pdf https://www.cpars.gov/accessforms/NSLCPTSMH_NDFPUAR.pdf

H-4 options (12-month period) or, for contracts without options, 90 days prior to the end of the period of performance.

Coordination will be required outside of CPARS for reminders to initiate an evaluation in CPARS for option periods that are less than 12 months. Once the Assessing Official Representative/COR has completed the evaluation, the Assessing Official will review the evaluation and forward the evaluation to the contractor representative.

Only the Assessing Official has the authority to forward assessments to the contractor representative for review and comment. Once the contractor evaluation phase is completed, and any comments resolved, the evaluation should be saved and finalized by the Assessing Official. A hardcopy shall be placed in the contract file.

Note that the Assessing Official (Contracting Officer or Specialist) has the ability to initiate/start the assessment process in CPARS, but if they elect to do so, the Assessing Official Representative (COR) will only have “Read Only” access to the assessment. Therefore, it is imperative that the Assessing Official Representative initiate the assessment and then forward it to the Assessing Official for review and comment.

5. Contractor Representative. The Contractor Representative is responsible for reviewing and commenting on proposed ratings and remarks for all assessments forwarded by the Assessing Official. Contractors are not required to complete the evaluation in CPARS. Their participation is completely voluntary. If the contractor does not respond within 30 calendar days, the Assessing Official will presume that the contractor has no comment and forward the evaluation to the Reviewing Official to sign and finalize the evaluation in CPARS.

6. Reviewing Official. The Reviewing Official is the final authority on disagreements between the contractor and Government for past performance evaluations. The Reviewing Official is one level above the Contracting Officer. The Reviewing Official must review and sign the assessment when the contractor indicates non-concurrence with the CPAR or when the contractor is non-responsive.

7. Division Chiefs: Division Chiefs are responsible for the implementation of this procedure by ensuring that Contracting Officers and Contract Specialists receive CPARS training, ensuring that their Division’s contracts are provided to HAAM-10 for registration, and ensuring that all CPARs are finalized. CPARS training is available online and periodically in classroom settings.

G. Handling of Past Performance Information and File

Documentation

1. A copy of the interim and final past performance evaluations shall be kept in the contract file. Completed CPARS report cards are transferred to PPIRS on a weekly basis and are available for source selection purposes.

2. The contractor representative will receive an automated email whenever an assessment is completed and can then retrieve the completed assessment from CPARS.

H. Closeouts

A CPAR shall be completed on each contract (supplies and/or services >$150,000, or construction contracts >$650,000, or architect-engineering contracts >$30,000) prior to closeout unless the individual assessing the contractor’s performance:

1) is not available,

2) does not have sufficient knowledge of the contractor’s performance for the period in question,

3) does not have documentation to support narratives and ratings for the period in question, or

4) has not periodically communicated with the contractor regarding performance for the period in question.

When a CPAR is not completed due to one of the listed reasons, the contract file shall be documented to that effect.

I. Contract Clause

The FHWA-specific contract clause included in Attachment A to this APM shall be included in all solicitations and contracts for supplies and/or services >$150,000, or construction contracts >$650,000, or architect-engineering contracts >$30,000.

H-5

Attachment A

APM 002-A

POST-AWARD EVALUATION OF CONTRACTOR

PERFORMANCE

Supplies and/or services >$150,000, or construction contracts >$650,000, or architect-engineering contracts >$30,000

Contractor Performance Evaluations

a. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

b. The Contractor can elect to review the evaluation and submit additional information or provide a rebuttal statement. The contractor will be permitted 30 calendar days to respond from the date of receipt of the evaluation.

Contractor response is voluntary. If the contractor does not respond within 30 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

c. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor performance information that is required by Federal Regulations.

The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect-Engineer contracts. The Construction Contractor Appraisal Support System (CCASS) module assesses performance on Construction contracts. Reference material can be accessed in CPARS.

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. After the FHWA Focal Point registers the contract in CPARS, the contractor representative will receive a system generated email notifying him/her that the contract is registered. A system generated email will also provide the Contractor with a User

ID if the person does not already have a CPARS User ID.

After a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated email notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated email whenever an assessment is completed and can subsequently retrieve the completed assessment from

CPARS.

Contractors may access evaluations in CPARS for review and comment.

END OF CLAUSE

(End of Section H) http://www.cpars.gov/cparsfiles/cpars/refmatl.htm

NOTICE TO BIDDERS

CONTRACT FORMAT:

Bidders should note that the format of this contract is in accordance with Federal Acquisition Regulations (FAR), promulgated by the General Services Administration (GSA), effective April 1, 1984, including all applicable revisions. Applicable FAR provisions and clauses are incorporated in this contract by reference or full text as indicated in the INDEX before the D-page in this booklet.

FAR provisions and clauses incorporated by reference can be accessed on the Internet on the GSA website at www.arnet.gov/far/. Bidders are encouraged to review the documents thoroughly before bidding.

PROPOSAL BOOKLET AND OFFER SUBMITTAL:

It is the responsibility of the Bidder to verify that this proposal is complete as listed in the Table of Contents. The Bidder is responsible for submitting all required forms and documents with the offer.

Offerors should use the Checklist for Bid Submission included in this booklet to check that their bids are complete.

CONSTRUCTION CONTRACTS:

As stated in FAR Clause 52.236-1, the Contractor shall perform on the site, and with its own organization, work equivalent to at least 25%. Additional guidance is given in FAR Subpart 35.005 where the majority of the project work is complex and specialized such as restoration work, bridge painting, and proprietary construction techniques (i.e. proprietary Cintec arch strengthening.) There are exceptions and they will be reviewed on a case-by-case basis.

HAZARDOUS MATERIALS IDENTIFICATION AND MATERIAL SAFETY DATA:

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data, the apparent low Offeror must submit prior to award a Material Safety Data Sheet (MSDS's) for all hazardous materials that the Offeror identifies in paragraph (b) of this clause in the D-pages of this booklet. Failure to submit MSDS's may render the Offeror ineligible for award of contract. The apparent low Offeror should submit their MSDS's within two weeks after bid opening.

ATTENTION LARGE BUSINESSES - UTILIZATION OF SMALL BUSINESS CONCERNS:

Large business Offerors should note their responsibilities in the awarding of subcontracts in accordance with FAR Clause 52.219-8, Utilization of Small Business Concerns. The offeror, if a large business concern, should note its responsibility to establish and conduct a Subcontracting Plan in accordance with FAR Clause 52.219-9, Alternate I, Small Business Subcontracting Plan. If the apparent Low Offeror is a LARGE BUSINESS it will be required to submit a Subcontracting Plan within 2 weeks of receipt of request from the Contracting Officer. If the apparent low offeror fails to submit a subcontracting plan acceptable to the Contracting Officer within the allowable time, the offeror may be ineligible for award of the contract. PLEASE NOTE: A blank sub-contractor plan is included in this solicitation package as a separate document for your use.

FINANCING ASSISTANCE: Minority, Women-owned, and Disadvantaged Business Enterprises (DBE's). The Department of Transportation (DOT) offers working capital financing assistance for transportation related contracts. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $750,000 with interest at the prime rate. For further information, call (800) 532-1169 or 202-366-1930. Internet address: http://osdbuweb.dot.gov

INTERNET BASED DATA BASES - REQUIRED INPUT:

According to the FAR Subpart 4.1102 contractors MUST be registered in System for Award Management (SAM) prior to contract award. Access the following web site to register:

www.sam.gov

According to the FAR Subpart 4.1201 contractors MUST complete their Online Annual Representations and Certifications Application prior to contract award online at http://sam.gov/.

According to the FAR Subpart 22.1302 (b) contractors and sub-contractors MUST complete the http://www.sam.gov/ http://orca.bpn.gov/

NOTICE TO BIDDERS

required Annual Vets-100A Form in order to be eligible for a contract award. It can be completed on-line at http://www.dol.gov/vets/vets-100.html. 2012 VETS 100 Filing Cycle Effective January 15, 2012, Customers will no longer be able to electronically file a VETS 100/100A Report. Customers may still file, but must first download the form from the VETS website www.dol.gov/vets/programs/fcp/main.htm, fill out the form and mail or email it to:

Veterans' Employment and Training Service (VETS)In Care of: Department of Labor National Contact Center (DOL- NCC)14120 Newbrook Drive, Suite 200 Chantilly, VA 20151(866) 237-0275 Or email to: VETS100-customersupport@dol.gov

PAYMENT:

Offerors are advised to review the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP), subsection 109.05, concerning direct and indirect payment included under a pay item in the bid schedule.

PROGRESS PAYMENTS:

ALL payments will be made via Electronic Funds Transfer (EFT) as such; the payment information in the CCR must be accurate in order for contractors' invoices to be considered proper invoices for the purpose of prompt payment under DOT contracts. Contractors must input and maintain (update as necessary) their EFT information in the CCR database. Offerors are advised that under FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, upon request, progress payments will include premiums paid by the Contractor to obtain performance and payment bonds as required under this contract. These payments shall not be made in addition to the contract price. As specified in the FP, “Section 151 - MOBILIZATION", payments for performance and payment bond premiums shall be included in mobilization.

WELFARE-TO-WORK INITIATIVE:

The President’s Welfare Reform Bill was initiated to assist welfare recipients and hopefully aid welfare recipients to find gainful employment. In support of this bill, Contractors are encouraged to hire welfare recipients whenever possible and to use welfare recipients in performance of duties on Government contracts.

INCREASING SEAT BELT USE IN THE UNITED STATES:

The President’s Executive Order 13043 dated April 16, 1997, was issued to increase the use of seat belts in the United States. In support of this Order, contractors and subcontractors are encouraged to adopt and enforce on-the-job seat belt policies for their employees when operating company-owned, rented, or personally owned vehicles.

OBTAINING BID DOCUMENTS:

Bid documents will not be mailed. All bid documents are available for direct download from the Federal Business Opportunities (FBO) website: http://www.fbo.gov/ or the Eastern Federal Lands Highway Division website: http://www.efl.fhwa.dot.gov/contracting/Documents.aspx Contractors are encouraged to register on the FBO website (for this specific project) in order to receive Email Notifications automatically when a document is added or updated for this specific project. All questions about this construction project must be emailed to the following address:

eflhd.contracts@dot.gov.

THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MONITORING THE WEB PAGES

NOTED ABOVE FOR ALL CHANGES TO THE SOLICITATION AND ACTING ON SAID

CHANGES.

PLEASE NOTE: for security reasons, individuals requiring access to all government buildings must present a valid photo ID and be escorted to their destination by a Government employee. All visitors attending bid openings are urged to arrive at least 1 hour prior to schedule bid opening. All visitors must register with the receptionist in Room 100. A Government employee will collect all bids. Prior to bid opening, a Government employee will escort all bidders to the bid opening. Unescorted visitors will be denied entry and no exceptions will be made.

http://www.dol.gov/vets/vets-100.html http://www.dol.gov/vets/programs/fcp/main.htm mailto:VETS100-customersupport@dol.gov mailto:VETS100-customersupport@dol.gov http://www.fbo.gov/ http://www.efl.fhwa.dot.gov/contracting/Documents.aspx mailto:eflhd.contracts@dot.gov