RFP_WRPP.pdf

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) REQUEST FOR PROPOSALS

(RFP)

Solicitation #: 69056723R000001 (Proposals Due Date: See Page A-3, Block 13A)

Western Regional Pavement Preservation MATOC

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 be accepted. Submit proposals in accordance with the instruction in section L. 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?

• Have you completed the general information and technical proposal?

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 Regional Pavement Preservation Multiple

Award Task Order Contract

NATIONAL FOREST/PARK Multiple

COUNTY Multiple

STATE Multiple

Offer Submittal Checklist Western Region Pavement Preservation MATOC

OFFER SUBMITTAL CHECKLIST

Before submitting your offer, please review the following:

Done?

Is this in the

Email?

Offer Delivery

Did I send a hard copy of the proposal attachments to the correct address?

Did I send proposal attachments to the correct email box (wfl.contracts@dot.gov)?

Does the subject line for the delivery email structured correctly?

69056723R000001 – Contractor Name – Email X of Y

Did I attach all required submittals?

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 the General Information and Technical Proposal?

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

Did I include a letter from my bonding agent indicating current bonding limits for Evaluation Factor 2?

Did I include Past Performance Information made available from project owners for Factor 3, if applicable?

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) If applicable, did I ensure our firm has completed this annual report?

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

Offer Submittal Checklist

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.

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

INSTRUCTIONS: When the offeror/principal is a corporation, include this certification with your offer/bid.

Corporate Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the corporation named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this corporation;

that the offer was duly signed for and on behalf of said corporation by authority and scope of its governing body, and within the scope of its corporate powers.

_____________________________________ (signature) Affix Corporate Seal

_____________________________________ (title)

INSTRUCTIONS: When the offeror/principal is a limited liability company, include this certification with your offer/bid.

Limited Liability Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the limited liability company named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this company;

that the offer was duly signed for and on behalf of said company by authority and scope of its governing body, and within the scope of its powers.

_____________________________________ (signature) Affix Company Seal (as applicable) __________ _________________________ (title)

INSTRUCTIONS: When the offeror/principal is a partnership, include this

Authority to Bind Partnership

This certifies that the names and signatures of all partners are listed below, and that the person signing the proposal has the authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all partners)

INSTRUCTIONS: When the offeror/principal is a joint venture, include this

Authority to Bind Joint Venture

This certifies that the person signing the proposal has the authority to actually bind the joint venture pursuant to its joint venture agreement, and that each of the named persons listed below individually has full authority to enter into and execute contractual instruments on behalf of said joint venture, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all applicable individuals)

INSTRUCTIONS: When the offeror/principal is a sole proprietorship, the signature on the offer/bid and on the bonds must be as follows:

Sole Proprietorship Requirement

An Offeror/Principal that is a sole proprietorship must submit an offer/bid and a bond signed by the sole proprietor, or by one duly authorized to sign for the sole proprietor.

If the signature is by someone other than the sole proprietor, a copy of the power of attorney authorizing the individual to sign must be provided with the offer/bid.

RESERVED

Table of Contents

TABLE OF CONTENTS

Contents PART I – THE SCHEDULE ...................................................................................................... A-1

SECTION A. SOLICITATION/CONTRACT FORM NOTICE TO OFFERORS SF 1442,

SOLICITATION, OFFER AND AWARD............................................................................. A-1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS ...................................... B-1

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ................. C-1

SECTION D – PACKAGING AND MARKING .................................................................. D-1

SECTION E – INSPECTION AND ACCEPTANCE ............................................................. E-1

SECTION F – DELIVERIES OR PERFORMANCE ............................................................. F-1

SECTION G – CONTRACT ADMINISTRATION DATA .................................................. G-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS ................................................. H-1

PART II – CONTRACT CLAUSES ............................................................................................ I-1

SECTION I – FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES .......... I-1

Part III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS .................. J-1

SECTION J – LIST OF ATTACHMENTS ............................................................................. J-1

PART IV – REPRESENTATION AND INSTRUCTIONS ....................................................... K-1

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS .................................................................................. K-1

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS ..................................................................................................................... L-1

SECTION M – EVALUATION FACTORS FOR AWARD ................................................ M-1

Table of Contents

A-1

Notice to Offerors Western Region Pavement Preservation MATOC

PART I – THE SCHEDULE

SECTION A. SOLICITATION/CONTRACT FORM NOTICE TO OFFERORS SF 1442,

SOLICITATION, OFFER AND AWARD

A.1 NOTICE TO OFFERORS

I. Solicitation Overview The primary objective of this solicitation is to solicit qualified firms for Multiple Award Task Order Contracts (MATOC) covering a 5-year period for Highway/Bridge/Road projects for pavement preservation work in the Western United States. WFLHD plans to award up to ten Indefinite Delivery, Indefinite Quantity (IDIQ) construction contracts; anticipating at least five will be reserved for Small Business concerns.

II. Pre-proposal Information This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR) and agency supplemental regulations. Task Orders to be issued under a contract will be subject to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 or any subsequent FP that may be applied to the task order, U.S.

Customary Units, and supplemental specifications and plan sheets. Obtain paper copies of the FP-14 by calling 360.619.7520, e-mailing at plans_spec@dot.gov, or writing Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661. An electronic version may be found at http://flh.fhwa.dot.gov/resources/pse/specs/

REPS & CERTS - Submit or update Representations and Certifications online at https://sam.gov before proposal submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page K-1). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

NOTICE OF SAM REGISTRATION – You must have an active System for Award Management (SAM) profile prior to submittal of your offer. Failure to register prior to submittal of your offer will make your offer non-responsive. See FAR Subpart 4.1103(b).

Register online at https://.sam.gov.

Solicitation Discrepancies: If an Offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer (CO) in writing with supporting rationale.

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 Block 20B. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page K-1.

Failure to furnish or complete any of the above may result in your offer being rejected.

http://flh.fhwa.dot.gov/resources/pse/specs/ https://sam.gov/ https://.sam.gov/

A-2

Notice to Offerors Western Region Pavement Preservation MATOC

Fax and Email – A hard copy mailed to the Contract Office as well as an electronic copy of the offer submitted via email are required for this solicitation. Facsimile 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 .

Proposal Submittals - See Subsections 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://sam.gov.

III. Post Award Information

Contractor Performance Evaluations. This office posts performance evaluations in the Contractor Performance Assessment Reporting System (CPARS). Upon receiving an email notice of evaluation availability, you will have 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.

Task Orders – All work will be issued by Task Order.

mailto:WFL.Contracts@dot.gov

See Page A-5

07/24/2023

69056723R000001

08/29/2023 x specificed on each TO-RFP

(required on a Task Order basis)

A-3

Dean Umathum

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

A-4

A-5

Continuation SF 1442

Block 9 FOR GENERAL INFORMATION, call 360.619.7520 from the hours of 8:00 a.m. to 4:00 p.m. local time or e-mail us at wfl.contracts@dot.gov.

FOR TECHNICAL INFORMATION (plan and specification questions only), requests for technical information about this project will only be accepted in writing. Submit questions via e-mail at wfl.plans-spec@dot.gov.

QUESTIONS/ANSWERS POSTED ONLINE. You can view questions and answers on the System for Award (SAM) Website https://sam.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. Include a Subcontracting Plan with your proposal. 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 in the appendix section of this solicitation. For your information the subcontracting plan form is included as an attachment to this RFP. This requirement does not apply to SMALL businesses.

mailto:wfl.contracts@dot.gov mailto:wfl.plans-spec@dot.gov

A-6

Continuation SF 1442

B-1

SECTION B - Supplies or Services and Prices/Costs 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).

Highway/Bridge/Road projects for pavement preservation work.

Offerors determined to be Technically Acceptable for this solicitation must submit a price proposal in accordance with the requirements contained in Section M. Award will be based on the evaluation criteria listed in Section M.

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

The Western Federal Lands Highway Division (WFLHD) needs include roadway surfacing, resurfacing, and repair contracting tool for work in Oregon, Idaho, Washington, Montana, Texas, Nevada, Arizona, Utah, Colorado, New Mexico, Wyoming, Oklahoma, and California. The scope of work for Task Orders may include, but are not limited to, the following construction services (intended to be used for classic Pavement Preservation contract including limited):

traffic control (permanent and temporary), contractor sampling and testing, asphalt milling, profile grinding, asphalt paving, thin asphalt overlays, patching, crack & joint sealing for flexible and rigid pavements, chip seals, micro surfacing, slurry seals, ultra-thin bonded wearing course, subexcavation, minor drainage improvements, placement of aggregate, roadway pulverization, grading, and slope stabilization. Projects may be located in environmentally sensitive areas that necessitate context-sensitive construction techniques and processes.

Umbrella Contracts – WFLHD intends to award up to ten Indefinite Delivery-Indefinite- Quantity Multiple-Award Task Order Contracts (MATOC). The number of actual awards is dependent upon the merit of the proposals received. This solicitation is a Partial Small Business Reserve, and five of the ten MATOC contracts are reserved for small business concerns. The combined maximum quantity to be ordered over the life of all awarded contracts is $240,000,000. The combined maximum quantity for the MATOC contracts is calculated as the sum of all Task Order awards and Task Order Modifications. Each MATOC contract will be for a 5-year period.

MATOC Minimum Guarantee - The minimum amount guaranteed over the life of each MATOC contract is $25,000.

Task Orders - All work will be awarded on a Task Order basis. Task Orders will vary in size ranging from approximately $500,000 to $15,000,000. At the Contracting Officer’s discretion, Task Orders under or over this range may be awarded.

As requirements develop and funding becomes available, Task Order Requests for Proposal (TO- RFP) will be issued. Unless there is a set aside for small business, the TO-RFP will be issued to all MATOC contractors. If a project is set aside for small business, the TO-RFP will be issued only to small business MATOC contractors.

Types of Task Orders - Task orders may be Firm-Fixed-Price (FFP) or FFP with economic price adjustments.

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

C-2

Project Name

Estimated Value

Anticipated Award Date

Pavement Preservation Stehekin

$1,500,000

February

Pavement Preservation Pinnacles

$2,100,000

December

Pavement Preservation WHMI/NEPE/BIHO

$2,900,000

Pavement Preservation Oregon and Southern Washington $3,000,000 March 2024

Pavement Preservation Southern California

$3,000,000

Pavement Preservation Michigan

$3,500,000

Pavement Preservation Oklahoma $3,500,000 March 2025 Pavement Preservation Grand Teton $4,500,000 March 2026

Pavement Preservation Mount Rainier Phase 2

$5,000,000

Pavement Preservation Texas

$5,000,000

Pavement Preservation New Mexico $5,500,000 March 2024

Pavement Preservation Death Valley South

$6,000,000 January

Pavement Preservation Northern California

$6,000,000

January

Pavement Preservation Joshua Tree $6,500,000 July 2027

Pavement Preservation Death Valley North

$7,000,000 November

Pavement Preservation Lake Roosevelt

$7,000,000

August

Pavement Preservation Colorado Phase 2

$7,500,000

Pavement Preservation Wyoming/Montana $7,500,000 April 2024

Pavement Preservation Lake Mead Phase 1

$7,500,000

Pavement Preservation Lake Mead Phase 2

$8,500,000

Pavement Preservation Northern Utah

$9,500,000

Pavement Preservation Olympic $9,500,000 March 2026 Pavement Preservation Yosemite and Devil’s Post Pile $10,000,000 March 2025

Pavement Preservation Southern Utah

$10,500,000

Anticipated Project Total $142,500,000

Project Reserve $97,500,000

Total Estimated Dollar Value $240,000,000

C-3

Western Region Pavement Preservation MATOC

C.2. SPECIFICATIONS

It is anticipated that the majority of work will generally incorporate the specifications and design standards of American Association State Highway Transportation Officials (AASHTO), and specifications based on the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14 and future versions Customary/Metric).

Websites - The following web sites contain information that may be used in the development of task orders. Other information not contained in the below websites also may be used in the development of task orders.

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

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

Western Federal Lands Highway (WFLHD) Library of Supplemental Specifications (FP-14 and future versions) - Special Contract Requirements (SCRs) supplement the FP. A library of SCRs may be viewed at https://flh.fhwa.dot.gov/resources/specs/fp-14/wfl/. These documents are periodically updated and do not include all the SCR’s that may be developed for a project.

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

Construction Management Resources – At this link contractors can access various manuals, forms, tests and so on for use during contract administration. You can view these documents at:

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

C.3. WAGE RATES

Construction Wage Rate Requirements are applicable to construction task orders awarded under this contract.

C.4. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS.

(1) Task Order (TO) proposals – Proposals will not be publicly opened. Following the opening of proposals and verification of responsiveness for any TO proposal that was solicited without discussions, fair opportunity was provided, and award will be based on price only, price tabulations will be posted to SAM.gov. Other circumstances that may prevent the posting of the price tabulations are at the COs discretion.

If your pricing submittal is considered confidential and you prefer it not be released to the public website, provide a justification, in writing, on or before the TO proposal due date.

The justification shall demonstrate the harm inflicted by the release of the price tabulations http://flh.fhwa.dot.gov/resources/pse/specs/ https://flh.fhwa.dot.gov/resources/specs/fp-14/wfl/ http://flh.fhwa.dot.gov/resources/pse/standard/ https://flh.fhwa.dot.gov/resources/construction/forms/wfl/

C-4

Western Region Pavement Preservation MATOC to your organization. The CO will analyze the justification and determine if the price tabulations will be posted.

(2) Task Order Synopsis - When the Government requires work under the MATOC and time allows, a Task Order-Synopsis will be posted on SAM.Gov. The synopsis will provide a brief description of the project and the anticipated solicitation issue date. In some instances, the synopsis may be issued via e-mail.

(3) Task Order Requests for Proposals - 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).

(4) Task Order Pre-award Expenses - The Contractor will not be reimbursed for proposal or bid preparation, attendance during negotiations, site visits, walk-through or other pre-award task order costs.

(5) 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.

(6) Proposal Contents - Depending upon the requirements of each solicitation, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Respond within the number of calendar days stated in the solicitation by submitting an offer to the CO.

(7) Contract Prices - Bid Schedules - Payment for items listed in the Bid Schedule constitutes full compensation for furnishing all labor, equipment, services, and materials needed to complete construction. Include in the prices for the items listed in the Bid Schedule all costs for the specified work, whether or not specifically listed in the Bid Schedule.

(8) Bid Bonds. Submit bid bonds with the TO proposal as required in the TO-RFP.

(9) Proposal Deviations - Proposals that deviate from the TO requirements may be rejected or delay award.

(10) 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 and submit no later than 2 business days prior to 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).

(11) Fair Opportunity - All MATOC Contractors will be given fair opportunity to be

C-5

Western Region Pavement Preservation MATOC considered for each order exceeding the micro purchase thresholds issued under this MATOC except as provided below:

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

b. 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;

c. 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.

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

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

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

(12) Evaluation Method and Procedures - The basis of award for individual task orders may vary and will be described in the TO-RFP. Examples of a basis for award are:

1) Based on price only.

2) Based on both price and non-price factors, with the Task Order awarded to the

Contractor offering the best value to the Government. 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 approximately equal in importance to non-price factors.

(13) Award Decision - Whenever possible, award will be made without discussions. Task orders will be FFP or FFP with an economic price adjustment. The Government reserves the right to reject all offers.

(14) Task Order Award

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

2) Insurance. Submit acceptable proof of insurance before beginning work.

3) Performance & Payment Bonds. Submit Performance and Payment Bond documents upon request. Ensure the IDIQ contract number AND the task order number are included on each Performance and Payment Bond document. Bond documents not containing the required information will be returned for correction.

4) Task Order contract documents. When electronic copies of the awarded task order are not feasible, the Contractor will be provided paper copies. All further reproduction shall be at the Contractor's expense.

C.5. EXCEPTIONS TO FAIR OPPORTUNITY (SOLE SOURCE) TASK ORDERS

C-6

(1) The CO reserves the right to award a sole source task order in the following instances:

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

(b) 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

(c) The order must be issued on a sole-source basis in the interest of 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

(d) It is necessary to place an order to satisfy a minimum guarantee.

(2) Subcontractor costs under sole source task orders must show adequate competition.

Adequate competition may normally be assumed when there are at least three independent subcontractor/supplier quotes.

(3) Upon request, provide copies of subcontractor/supplier quotes with profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the government to discern the scope of the services and materials included in the price.

(4) 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 BUSINESSES

The CO may, at their discretion, set aside a Task Order for small business concerns. Task Orders set aside for small business concerns will be competed among the small business MATOC contractors.

C.7. PERFORMANCE EVALUATIONS.

1. At the conclusion of each task order 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 and an opportunity to respond to the evaluation.

2. This office posts performance evaluations in the Contractor Performance assessment Reporting System (CPARS) https://www.cpars.gov/. 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 assistance or for a copy of the evaluation.

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 or a protest of an order valued in excess of $10 million. Protests of orders in excess of https://www.cpars.gov/

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Western Region Pavement Preservation MATOC

$10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

Ombudsman. 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 Contracting Officer to the Ombudsman. The DOT Task and Delivery Order Ombudsman is the Associate Director, Office of Acquisition Policy, Oversight and Business Strategies (M-61) located in the Office of the Senior Procurement Executive (M-60). 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.

1. 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.

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

C.10. MINIMUM STANDARDS FOR CRITICAL TASKS.

TO-RFPs may set minimum employee and firm qualifications for critical tasks. The Contractor may 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 & Acceptance Western Region Pavement Preservation MATOC

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 -- Inspection of Construction (Aug. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

E-2

SECTION E – Inspection & Acceptance Western Region Pavement Preservation MATOC

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

F-1

SECTION F – Deliveries or Performance

SECTION F – DELIVERIES OR PERFORMANCE

F.1. 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 this/these address(es):

https://www.acquisition.gov/far

FAR Number Title Date 52.211-13 52.211-13 Time Extensions

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

Sep 2000

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

F.2 PERIOD OF SERVICE

This contract will be in effect for 60 months from the date of award. No work can be ordered after the 60 months have expired. All Task Orders will have their own completion date, which may extend beyond the end of the 60 month period.

https://www.acquisition.gov/far

F-2

SECTION F – Deliveries or Performance

G-1

SECTION G – Contract Administration Data

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING & APPROPRIATION DATA

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

G.2 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 Task Order specifications.

G.3 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 mailto:WFL.Contracts@dot.gov

G-2

SECTION G – Contract Administration Data

H-1

SECTION H – Special Contract Requirements

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 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.

H.2. 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.

H-2

SECTION H – Special Contract Requirements

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. 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

PART II – CONTRACT CLAUSES

SECTION I – FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

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 June 2020 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 June 2020

52.203-7 Anti-Kickback Procedures June 2020 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 Nov 2021 52.203-14 Display of Hotline Poster(s) Nov 2021 52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

Jun 2020

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

Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018 52.204-15 Service Contract Reporting Requirements for

Indefinite-Delivery Contracts Oct 2016 https://www.acquisition.gov/far https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar

I-2

52.204-18 Commercial and Government Entity Code Maintenance

Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Nov 2021

52.209-6

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov 2015

52.210-1 Market Research Nov 2011 52.215-2 Audit and Records—Negotiation Jun 2020 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)

Jun 2020

52.215-12 Subcontractor Certified Cost or Pricing Data Jun 2020 52.215-13 Subcontractor Certified Cost or Pricing Data –

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

Jun 2020

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

Nov 2021

I-3

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

52.216-4 Economic Price Adjustment -- Labor and Material

Jan 2017

52.219-8 Utilization of Small Business Concerns Oct 2022 52.219-9 Small Business Subcontracting Plan Alternate II

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

Oct 2022

52.219-14 Limitations on Subcontracting Mar 2020 52.219-16 Liquidated Damages—Subcontracting Plan Sep 2021 52.219-28 Post-Award Small Business Program Re-representation Mar 2023

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

Overtime Compensation.

May 2018

52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records July 2021 52.222-9 Apprentices and Trainee Jul 2005 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 Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021 52.222-54 Employment Eligibility Verification May 2022 52.222-55 222-55 -- Minimum Wages Under Executive

Order 13658 Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts Sep 2013

I-4

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

Feb 2021

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

Items in Service and Construction Contracts Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

Jun 2020

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.227-1 Authorization and Consent Jun 2020 52.227-2 Notice and Assistance Regarding Patent and

Copyright Infringement Jun 2020

52.227-4 Patent Indemnity -- Construction Contracts…