RFP 69056726R000002.pdf

YELLOWSTONE, GRAND TETON, & SURROUNDING AREA MATOC

TASK ORDER REQUEST FOR PROPOSALS

Solicitation No. 69056726R000002

Project Number: WY NPS YELL 10(26), Project Name: Gardner River High Bridge

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

This solicitation cites

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-24

This project uses U.S. Customary units of measure.

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone (360) 619-7520

EMAIL: WFL.CONTRACTS@DOT.GOV

QUICK INDEX

Page Item --- Special Notice

--- Offer Submittal Checklist --- Authority to Sign --- Bid Bond --- Table of Contents A-1 Notice to Offerors A-3 SF1442, Solicitation, Offer and Award A-6a Subcontracting Plan A-7 Bid Schedule B-1 Solicitation Provisions C-1 Contract Clauses D-1 General Wage Decision E-1 Special Contract

Requirements H-1 Permits I-1 Size and Weight Limitations

Proposal Due Date:

See Page A-3, Block 13A

PROPOSAL REMINDERS

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

• Have you rechecked your bid figures?

• Have you completed the bid schedule?

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

• Have you acknowledged all amendments?

• Have you completed the Representations &

Certifications (Page B-1)?

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

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

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

mailto:wfl.contracts@dot.gov

PROJECT No. WY NPS YELL 10(26), Project Name Gardner River High Bridge

BEGINNING AT See plans

ENDING AT See plans

LENGTH 0.32 Miles

NATIONAL PARK Yellowstone National Park

COUNTY Park

STATE Montana

FIXED COMPLETION DATE See SF1442, Block 11, page A-5

SPECIAL NOTICE

WY NPS YELL 10(26),

Gardner River High Bridge

Solicitation No.: 69056726R000002

THIS “TASK ORDER REQUEST FOR PROPOSAL” IS SOLELY FOR THE

FOLLOWING CONTRACTS AND CONTRACTORS:

Contract Number Contractor Name Phone

69056724D000010 H-K CONTRACTORS, INC. 208-523-6600

69056724D000011 M.A. DEATLEY CONSTRUCTION, INC. 509-751-1580

69056724D000012 MISSOURI RIVER CONTRACTORS, LLC 406-443-2524

69056724D000013 OFTEDAL CONSTRUCTION, INC. 406-232-5911

69056724D000014 RIVERSIDE CONTRACTING INC 406-721-9267

69056724D000015 SUNDT CONSTRUCTION, INC. 801-853-8070

THIS PROJECT IS BEING ADVERTISED ON SAM.GOV TO ANNOUNCE

THE UPCOMING PROJECT AND ASSIST POTENTIAL SUBCONTRACTORS

BY PUBLICIZING OPPORTUNITIES. A PROPOSAL WILL ONLY BE

ACCEPTED FROM THE ABOVE PRIME CONTRACTORS.

This information is also available on our website:

Yellowstone/Grand Teton MATOC1:

https://highways.dot.gov/federal-lands/business/construction-contracting/yellowstone-grand-teton

1 A Multiple Award Task Order Contract (MATOC) is a group of contracts awarded to several contractors for upcoming work in a certain geographical area (in this case, work in Yellowstone and Grand Teton National Parks).

The contracts allow the contractor to compete for upcoming highway/bridge construction projects.

https://highways.dot.gov/federal-lands/business/construction-contracting/yellowstone-grand-teton https://highways.dot.gov/federal-lands/business/construction-contracting/yellowstone-grand-teton

Bid/Offer Submittal Checklist

Offer Submittal Checklist

Project: WY NPS YELL 10(26), Gardner River High Bridge

Before submitting your offer, please review the following:

Done?

Is this in the envelope?

Bid 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 unique entity identifier 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?

Bid Schedule (see page A-7)

Did I insert “Unit Bid Price” and “Amount Bid” for each bid item?

Did the appropriate official initial corrections?

When applicable, did I include the totals for each schedule in the summary page? (See last page of bid schedules.)

Bid Bond (Standard Form 24)

Bids received without a valid bid bond will be rejected.

Did I complete my bid bond correctly?

Did I include the original?

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

Authority to Sign

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

Representations & Certifications & FAR Clause

Did I include the completed B-pages (beginning on B-1)?

Did I include the completed clause 1252.228-74 Notification of Payment Bond Protection (See page C-110)?

System for Award Management (SAM) SAM.gov

Do we have up-to-date data in SAM?

Veteran Reporting (FAR Clause 52.222-37) 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://sam.gov/content/home

Bid/Offer Submittal Checklist

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

WY NPS YELL 10(26), Gardner River High Bridge

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)

Bid Bond (See Instructions on Page 3)

Date Bond Executed (Must Not Be Later Than Bid Opening Date)

OMB Control Number: 9000-0001 Expiration Date: 1/31/2027

Principal (Legal Name And Business Address) Type Of Organization ("X" One)

State Of Incorporation

Surety(ies) (Name And Business Address)

Percent Of Bid Price

Penal Sum Of Bond Amount Not To Exceed Million(s) Thousand(s) Hundred(s) Cents

Bid Identification Bid Date Invitation Number

Authorized For Local Reproduction Previous Edition Is Not Usable

STANDARD FORM 24 (REV. 10/2023)

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

For (Construction, Supplies Or Services)

Obligation:

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

Conditions:

The Principal has submitted the bid identified above.

Therefore:

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

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

Other (Specify)

Individual Partnership Joint Venture

Corporation

69056726R000002

Construction

2.

(Seal)2.(Seal) 1.

1.

1.

1. 3.2.

Name(s) (Typed)

Signature(s)

Individual Surety(ies)

Name(s) And Title(s) (Typed)

Corporate Seal

(Seal)

3.

(Seal)

2.

(Seal) Signature(s)

Principal

2.

State Of Incorporation Liability Limit ($)

2.

2.

1.Name(s) And Title(s) (Typed)

Signature(s)1. 2. Corporate Seal

Corporate Seal

Name And Address

Signature(s)

Name(s) And Title(s) (Typed)

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

Liability Limit ($)State Of Incorporation

1.

1.

Name And Address

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

Corporate Surety(ies)

Witness:

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

STANDARD FORM 24 (REV. 10/2023) PAGE 2

STANDARD FORM 24 (REV. 10/2023) PAGE 3

Corporate Seal

Name And Address

Signature(s)

Name(s) And Title(s) (Typed)

1.

1.

State Of Incorporation

2.

2.

Liability Limit ($)

Corporate Seal

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

State Of Incorporation Liability Limit ($)

2.

2.

1.

1.

Name And Address

Signature(s)

Name(s) And Title(s) (Typed)

Instructions

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

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

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

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the Liability

Limit block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "Corporate Surety(ies)." In the space designated

"Surety(ies)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

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

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New

Hampshire, or any other jurisdiction requiring adhesive seals.

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

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

"offeror."

STANDARD FORM 24 (REV. 10/2023) PAGE 4

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC §

3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0001. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General

Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street, NW, Washington, DC

20405.

Table of Contents

Project: WY NPS YELL 10(26), GARDINER RIVER HIGH BRIDGE

TABLE OF CONTENTS

01 APR 2024–FP24

DESCRIPTION PAGE

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

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

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

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

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

General Wage Decision .............................................................................................................. D-1

SCRs Table of Contents

SPECIAL CONTRACT REQUIREMENTS (SCR)

The following Special Contract Requirements amend and supplement the Standard

Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-24, U.S. Department of Transportation, Federal Highway Administration.

Division 100 ..................................................................................................................... E-1

Division 150 ................................................................................................................... E-34

Division 200 ..................................................................................................................... F-1

Division 300 ..................................................................................................................... F-4

Division 400 ................................................................................................................... F-12

Division 550 ................................................................................................................... F-13

Division 600 ................................................................................................................... F-37

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

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

Size and Weight Limitations ......................................................................................................... I-1

A-1

Notice to Bidders

Project: WY NPS YELL 10(26), Gardiner River High Bridge

NOTICE TO OFFEROR

06 OCT 2025–FP24

THIS PROJECT IS BEING SOLICITED AND AWARDED UNDER FP-24.

The FP-24 is FLH’s Standard Specifications for Construction of Roads and Bridges on Federal

Highway Projects. To view the FP-24 electronically go to:

https://highways.dot.gov/federal-lands/specs.

I. Project Location

General Location. The project work is located 1.8 miles southeast of Mammoth in Park County, WY. Approximate Global Positioning System (GPS) coordinates for the beginning of the project are 44°57'29.39"N latitude, 110°40'44.77"W longitude.

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

II. Pre-proposal Information.

GENERAL AND TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR

THIS PROJECT WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS FIVE (5)

BUSINESS DAYS BEFOR THE DUE DATE.

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://sam.gov/workspace/contract/opp/c6409546424f48b0aee5ba2653e9cd8b/view.

Every attempt to respond to questions will be made. However, response to questions received after the above posted date is not guaranteed.

MATOC. This solicitation is solicited under the Yellowstone, Grand Teton, and Surrounding

Area Multiple Award Task Order Contract (MATOC). Selection of the successful offer is based on

Disclosure of Price Tabulations. After receipt of proposals, price tabulations (bid tabs) will be made publicly available and posted to sam.gov; unless the offeror submits an acceptable pricing confidentiality justification on or before the Task Order proposal due date. See Subsection 102.05.

Electronic Plan Sheets. This solicitation includes electronic plan sheets available at https://sam.gov/workspace/contract/opp/c6409546424f48b0aee5ba2653e9cd8b/view.

Physical Data. Physical data applicable to this project is listed in Subsection 102.02A Physical

Data.

https://highways.dot.gov/federal-lands/specs https://sam.gov/workspace/contract/opp/c6409546424f48b0aee5ba2653e9cd8b/view https://sam.gov/workspace/contract/opp/c6409546424f48b0aee5ba2653e9cd8b/view

A-2

Notice to OFFEROR

Project: WY NPS YELL 10(26), Gardiner River High Bridge

Representations & Certifications. Submit or update Representations and Certifications online at https://www.sam.gov/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 Division 100 – 700

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, and 20C are completed correctly. Sign Block 20B according to the instructions in Subsection 102.02. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page B-1.

Failure to furnish or complete any of the above may result in your bid being considered nonresponsive and being rejected.

Facsimile and email offers, modifications, and withdrawals. Facsimile and email offers are not authorized for this solicitation. Offers may be modified or withdrawn by 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 email data. See FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition. EMAIL WFL.Contracts@dot.gov. To confirm receipt, call 360.619.7520.

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/SAM/ .

III. Post Award Information.

Insurance. Insurance requirements are described in Subsection 107.05.

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), agency supplemental regulations, and the Standard Specifications for https://www.sam.gov/SAM/ mailto:WFL.Contracts@dot.gov https://www.sam.gov/SAM/ http://www.cpars.gov/index.htm

A-2a

Project: WY NPS YELL 10(26), Gardiner River High Bridge

Construction of Roads and Bridges on Federal Highway Projects, FP-24. An electronic version may be found at https://highways.dot.gov/federal-lands/specs.

Electronic Documentation. Requires all documents (including but not limited to correspondence, notifications, submittals, reports, and pay notes) to be submitted in a pdf format, or an approved fixed-layout electronic format. See Subsection 104.04.

Material Sources. Material sources, water sources and waste areas have not been identified for this project. Secure all permits and clearances for Contractor-located sites and sources. See

Subsection 105.02(c).

Progress Schedules. This project includes new specifications for Prosecution and Progress and for Schedules for Construction Contracts. Carefully review Special Contract Requirements

Section 108 - Prosecution and Progress, and Section 155 – Schedules for Construction Contracts.

https://highways.dot.gov/federal-lands/specs

A-2b

Project: WY NPS YELL 10(26), Gardiner River High Bridge

(This page intentionally left blank)

360-619-7520See Page A-5

See Blk 10

A-3

UEI:

See Bid Schedule

See Page A-6

A-4

A-5

Continuation SF 1442

Project: IN NP INDU PMS(1), Pavement Preservation Indiana Dunes

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 e-mail at wfl.plans-spec@dot.gov.

QUESTIONS/ANSWERS POSTED ONLINE. You can view questions and answers on the Contract Opportunities Website SAM.gov.

• Insert the solicitation number in search box.

• 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.

Block 11

Block 12A

Block 13B

FOR DAVIS-BACON WAGE RATE INFORMATION go to the U.S. Department of

Labor, Branch of Construction Wage Determinations Website:

https://www.dol.gov/agencies/whd/government-contracts/state-assignments.

FOR PHYSICAL DATA, Physical Data will be posted with the solicitation on the

SAM.gov website.

COMPLETION DATE: The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10/19/2027, subject to such extensions as may be authorized. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 03/30/2026. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

Work shall be completed on or before the date specified above, subject to such extensions as may be authorized by the terms of the contract and the specifications made a part thereof.

PERFORMANCE & PAYMENT BONDS: See FAR Clause, 52.228-15, Performance and Payment Bonds - Construction (clauses begin on page C-1) and Subsection 102.06 of the Standard Specifications for Construction of Roads and Bridges on Federal Highway

Projects, FP-24, U.S. Customary Units.

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

ADDITIONAL INFORMATION: See Subsections 102.03 and 102.04 of Standard

Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-

24, U.S. Customary Units.

mailto:wfl.contracts@dot.gov mailto:wfl.plans-spec@dot.gov https://sam.gov/content/home https://www.dol.gov/agencies/whd/government-contracts/state-assignments https://sam.gov/content/home

A-6

Continuation SF 1442

Project: IN NP INDU PMS(1), Pavement Preservation Indiana Dunes

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

Construction of Roads and Bridges on Federal Highway Projects FP-24, U.S. Customary

Units.

ESTIMATED PRICE RANGE. The price range of the project work is between $5,000,000 and

$10,000,000.

SUBCONTRACTING PLAN. This Request for Proposals requires an offeror who is a LARGE business to submit an acceptable subcontracting plan prior to contract award. A large business is one whose average gross annual receipts over the past 3 years equal $45 million or more. For your information the subcontracting plan form is included beginning on page A-6a. This requirement does not apply to SMALL businesses

A-6a

APM 025E – Revised 2/4/2025

ATTACHMENT 2 – FHWA SUBCONTRACTING PLAN TEMPLATE

1. INSTRUCTIONS:

• Where subcontracting opportunities will not exist for the solicitation, the bidder/offeror shall submit a response outlining the rationale for making this determination with its proposal/bid. The statement shall be signed by an official authorized to make decisions on behalf of the firm.

• The following information shall be provided in the bidder/offeror subcontracting plan submission and shall be expressed in terms of goal percentages of the total planned subcontracting dollars.

• Text lines may be added to this template as needed.

*insert and complete additional tables if the contract includes option year(s).

1 Percentage = (subcontracted amount in the category/total planned subcontracted amount) 2 Planned subcontracts to “other than small business” concerns + subcontracts to Small Business concerns = 100% 3 SDVOSB is a subcategory of VOSB. Any dollar amount applied to SDVOSB also applies to VOSB.

4 In this document, the term WOSB includes Economically Disadvantaged WOSB (EDWOSB) concerns.

SUBCONTRACTING GOALS – BASE YEAR

Total prime contract amount – Base Year: $ [insert amount]

Total planned subcontracted amount (regardless of firm/entity size status) – Base Year:

$ [insert amount]

Total planned subcontracts to “other than small business” concerns (i.e., large, non-profit, university, etc.)

$[insert amount] [insert #]%1

Total planned subcontracts to Small Business concerns: $[insert amount] [insert #]%2

• Total planned subcontracts to Veteran Owned Small Business concerns (VOSB)3:

$[insert amount] [insert #]% o Total planned subcontracts to Service-Disabled Veteran Owned Small Business (SDVOSB) concerns:

$[insert amount] [insert #]%

• Total planned subcontracts to Historically Underutilized Business Zones (HUBZones): $[insert amount] [insert #]%

• Total planned subcontracts to Small Disadvantaged Business (SDB) concerns (includes 8(a), Alaska Native Corporations (ANC), and Indian Tribes):

$[insert amount] [insert #]%

• Total planned subcontract awards to Women-Owned Small Business concerns (WOSB)4 concerns:

$[insert amount] [insert #]%

A-6b

1.1 Rationale if establishing a goal lower than 5% for VOSB:

1.2 Rationale if establishing a goal lower than 5% for SDVOSB:

1.3 Rationale if establishing a goal lower than 3% for HUBZone:

1.4 Rationale if establishing a goal lower than 5% for SDB:

1.5 Rationale if establishing a goal lower than 5% for WOSB:

1.6 Rationale if establishing a goal lower than the current DOT subcontracting goal:

2. The following principal types of supplies and/or services are planned to be subcontracted under this contract. [Add additional rows if more space is needed.]

5 List all applicable size standards for each proposed subcontractor.

Type of

Supply/Service to be Subcontracted

Company/Firm

Name

Subcontracted

Amount

Subcontractor Size

Standard (Other Than

SB, SB, VOSB, SDVOSB,

HUBZone, SDB, WOSB)5 https://www.sba.gov/document/support-agency-contracting-goals

A-6c

3. The following methods were used to develop the subcontract percentage goals:

4. The following methods were used to identify potential subcontract sources for solicitation purposes. (i.e. source lists used and organizations contacted to identify potential SB concerns, such as the System for Award Management (www.SAM.gov), Dynamic Small Business Search (www.DSBS.sba.gov), trade associations, industry conferences/fairs, etc.)

5. [Select appropriate option.] Indirect costs [were/were not] included in establishing the subcontracting goals specified in the table above.

6. If indirect costs were included, the following method was used to determine the proportionate share of indirect costs to be incurred with SB, VOSB, SDVOSB, HUBZone, SDB and WOSB subcontractors:

7. The following individual will administer the subcontracting program:

Name:

Title:

Address:

Telephone:

E-mail:

This individual's specific duties, as they relate to the subcontracting program, are as follows:

8. The following efforts will be taken to ensure that SB, SDB, VOSB, SDVOSB, HUBZone, and

WOSB subcontractors will have an equitable opportunity to compete for subcontracts:

http://www.sam.gov/ http://www.dsbs.sba.gov/

A-6d

[initial] It is agreed that FAR Clause 52.219-8, Utilization of Small Business Concerns, will be included in all subcontracts, which offer further subcontracting opportunities. It is further agreed that all subcontractors (except small business concerns) at all tiers below the prime contractor who receive subcontracts in excess of $750,000 ($1.5M for construction of any public facility with further subcontracting possibilities) will be required to adopt and comply with a subcontracting plan in accordance with FAR Clause 52.219-9.

9. The following types of records will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan (i.e., establishment of source lists, guides and other data that identify SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns; a description of the offeror’s efforts to locate SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns and to award subcontracts to them, etc.) and shall be maintained through completion of the contract:

10. In accordance with FAR Subpart 19.704(a)(10) through (15), the Contractor further agrees to:

[Initial each line]

Cooperate in any studies or surveys as may be required;

Submit periodic reports as may be required so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;

After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts intended for use by multiple agencies;

Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov/ within the timeframes identified at FAR Subpart 19.704(a)(10)(iv);

Ensure that other than small business subcontractors with subcontracting plans agree to submit eSRS documents online as required;

Provide its prime contract number and its unique entity identifier, and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs;

http://www.esrs.gov/

A-6e

Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans;

Make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal;

Provide the contracting officer with a written explanation if the contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in FAR 19.704(a)(12) of this section. This written explanation will be submitted to the contracting officer within 30 days of contract completion;

Will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor; and

Pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and notify the contracting officer if the offeror pays a reduced or an untimely payment to a small business subcontractor (see FAR 52.242-5).

Submitted by:

POC Name:

Title:

Email Address:

Company Name:

UEI:

Mailing Address:

Signature http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P308_50712

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DOT COMPLIANCE WITH PRESIDENT

TRUMP'S PRIORITIES AND AGENDA

Notice of intent for the Department of Transportation (DOT) to take immediate action to begin forbearing enforcement of all contract clauses, provisions, terms, and conditions, related to any and all subsequent Executive

Orders (EOs) issued by President Trump and implementing guidance.

Consistent with President Trump’s priorities and agenda, to the maximum extent permitted by law, DOT intends to take immediate action to begin forbearing enforcement of all Federal

Acquisition Regulation (FAR) or Transportation Acquisition Regulation (TAR) contract clauses, provisions, terms, and conditions, if inconsistent with EOs and implementing guidance issued by the current administration, including but not limited to:

• Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and

Restoring Biological Truth to the Federal Government (January 20, 2025);

• Executive Order (EO) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing (January 20, 2025);

• Executive Order (EO) 14148, Initial Rescissions of Harmful Executive Orders and

Actions (January 20, 2025);

• Executive Order (EO) 14173, Ending Illegal Discrimination And Restoring Merit-Based

Opportunity (January 21, 2025);

• Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and

Restoring Biological Truth to the Federal Government (January 20, 2025);

• OPM Memorandum, Initial Guidance Regarding President Trump’s Executive Order

Defending Women (January 29, 2025);

• Executive Order (EO) 14208, Ending Procurement and Forced Use of Paper Straws

(February 10, 2025);

• Executive Order (EO) 14222, Implementing the President's "Department of Government

Efficiency" Cost Efficiency Initiative (February 26, 2025);

• Executive Order (EO) 14240, Eliminating Waste and Saving Taxpayer Dollars by

Consolidating Procurement (March 20, 2025);

• Executive Order (EO) 14269, Restoring America's Maritime Dominance (April 9, 2025);

• Executive Order (EO) 14275, Restoring Common Sense to Federal Procurement (April

15, 2025); and

• Executive Order (EO) 14271, Ensuring Commercial, Cost-Effective Solutions in Federal

Contracts (April 16, 2025.

DOT remains committed to ensuring its acquisition policies and practices reflect the direction of the current administration and reserves the right to issue further guidance or take additional action as necessary. Contractors are reminded that compliance with applicable laws, regulations, and Executive Orders is a condition of doing business with the Federal Government and DOT. It is the responsibility of each contractor to monitor for updates and adjust operations accordingly.

The subject notice was posted to SAM.gov on April 29, 2025.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fopp%2F97f04f32ac684f829bf4d786d203e638%2Fview&data=05%7C02%7CStephanie.Curtis%40dot.gov%7C9eb4c00a514e475ff36108dd88e7a8bf%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638817250897977785%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=wQvr%2F58kgQhYQiIg6b1uXaYicbZQdApZ5ItplfRLnsQ%3D&reserved=0

B-1

Provisions

Federal Acquisition Regulation

Solicitation Provisions

Representations, Certifications and Other Statements of Offeror

NOTICE:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include:

• 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation,

• 52.222-25, Affirmative Action Compliance, and

• 52.212-3(d) and (t), Offeror Representations and Certifications—Commercial Products and

Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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

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

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

Schedules).

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

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

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WY NPS YELL 10(26), Gardner River High Bridge

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-13 Violation of Arms Control Treaties or Agreements--Certification (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition

Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

__ (1) The Offeror certifies that–

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the

United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

__ (2) The Offeror is providing separate information with its offer in accordance with paragraph

(d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision).

For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2593a&num=0&edition=prelim https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2593a&num=0&edition=prelim https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/

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WY NPS YELL 10(26), Gardner River High Bridge

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the

United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

52.225-10 Notice of Buy American…