RFQ_140R4023Q0034_Combo.pdf

COMBINED SYNOPSIS/SOLICITATION

2023 Construction Material BPA

140R4023Q0034

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Request for Quotation (RFQ) number 140R4023Q0034 shall be used to reference any written quote provided under this RFQ. The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-02; effective date March 16, 2023.

1. This is a Total Small Business set-aside under NAICS 212313 with an associated small business size standard of 850 employees.

2. The purpose of this combined synopsis and solicitation is for multiple Blanket Purchase Agreements (BPAs) for the supply of general construction materials (see SOW) in support of the Force Account construction team.

3. Submit the following documents in response to this RFQ:

a. Statement of capability that describes your ability to supply a wide range of construction supplies across the western United States with limited lead times.

b. Five (5) relevant projects within the last 3 years to demonstrate your experience delivering construction materials to a variety of locations.

c. Price quotations (See Attached Spreadsheet for additional pricing required).

CLIN Item Description Qty Unit Unit Price Total Amount 0010 36” minus riprap D50 = 22” 1400 Ton 0020 ASTM #57 gravel 600 Ton 0030 4500 psi Ready-Mix Concrete 25 CY 0040 Ready-Mix Concrete Grout 60 CY

SCHEDULE B - Small Dam Sheet Pile Call Order (See attachment Spreadsheet) CLIN Item Description Qty Length Weight Unit Price Total

0010 ESZ-19-700 or approved equal 83 ea 190.6 LF 135,207 lbs 0020 Freight 3 loads

NOTE: Pricing schedule spreadsheet attached to this announcement for administration convenience.

4. The Government intends to award multiple Blanket Purchase Agreements (BPAs) resulting

SCHEDULE A - Million Materials Call Order (See attachment Spreadsheet)

140R4023Q0034 from this RFQ to the responsible offeror whose offer represents the Best Value in terms of the technical capability, past performance, and price. All factors are equally weighted.

RFQ due date: 5 June 2023 RFQ due time: 2:00 P.M. (MST)

All questions/inquiries regarding to this RFQ must be submitted to the contract specialist via e-mail no later than 4:00 PM MST on May 25, 2023. Inquiries submitted via telephone calls or mail submission will not be accepted. Submit quotes or any questions to Kimberley Hervat at khervat@usbr.gov and Feyna Li at fli@usbr.gov. Offerors who fail to complete and submit the requirements above may be considered non-responsive.

Please provide the following information with your quote:

Company Name:

UEI Number:

Cage Code:

mailto:khervat@usbr.gov mailto:fli@usbr.gov

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

---Addendum to 52.212-4---

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor shall submit an electronic copy of each invoice to: Mr. Ryan Proctor, by electronic mail (e-mail) at rproctor@usbr.gov. Mr. Proctor will evaluate the submitted invoice and will provide an approval by emailing the contractor with an attached signed invoice. He may also reject the invoice; in this case, an email will be provided to the contractor with detailed information to revise the invoice as needed for approval.

Once an approved invoice is received, the contractor is encouraged to upload, as an attachment, a copy of the approved invoice with Mr. Proctor’s signature, PRIOR to clicking “submit” in IPP. Please send an e-mail copy to the Contract Specialist, Ms. Kimberley Hervat at khervat@usbr.gov or Ms. Feyna Li at fli@usbr.gov and the Contracting Officer, Ms. Kristen Ruiz Jimenez at kruizjimenez@usbr.gov. Failure to follow this process may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:rproctor@usbr.gov mailto:khervat@usbr.gov mailto:fli@usbr.gov mailto:kruizjimenez@usbr.gov mailto:ippgroup@bos.frb.org

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR

1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

52.219-28, Post Award Small Business Program Representation (Mar 2023) (15 U.S.C. 632(a)(2)).

52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

52.222-3, Convict Labor (Jun 2003) (E.O.11755).

52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

52.223-21, Foams (Jun 2016) (E.O. 13693).

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: N/A

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

---Addendum to 52.212-5---

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEVIATION 2017-02) (JUN

2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-

239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

--- End of Addendum to 52.212-5---

CONSTRUCTION MATERIALS

BLANKET PURCHASE AGREEMENT (BPA)

STATEMENT OF WORK

This is a Blanket Purchase Agreement whereby the contractor shall, subject to the terms of this agreement and on all attached sheets, promptly furnish the supplies and/or services to be ordered as stated below:

Bureau of Reclamation Provo Area Office Force Account (PAOFA)

Background – Provo Area Office Force Account (PAOFA, FA) developed during the mid-1990’s as an extension of support services for its materials and testing group. In addition to supporting material and testing services, heavy equipment operators and civil engineering technicians provided valuable and immediate services during emergencies, and necessary repairs and maintenance of Reclamation facilities.

This remains the primary role of FA; however, emergency repair and restoration work are challenging to predict and plan for. In order to maintain its capabilities, and ensure its existence at times of need, FA began doing repair and rehabilitation work agency-wide, and interagency-wide, within the Reclamation jurisdictional area.

During the mid-2000’s Reclamation performed its “Managing for Excellence” (M4E) studies.

Team 11 presented their report of cost comparisons for in-house versus outsourcing. The concluding scope statement notes, “In today’s engineering and construction climate, it is imperative that Reclamation make a concerted effort to collaborate with customers and stakeholders such that our operations are transparent and efficient. At the same time, Reclamation must take positive steps to maintain our core technical capability in order to remain good stewards over our dams and other facilities.” Thus, FA provides a constant presence for emergency demands and maintains some core technical construction capabilities where individual project or facility characteristics and demands may not, due to economic or time constraints, lend themselves to execution and administration through conventional contracting.

Given this role, FA is in consistent, and sometimes unpredictable, need of materials and supplies to accomplish assigned tasks in a timely and efficient manner. Regularly, during active construction, crews will encounter unplanned modifications to scope, requiring immediate procurement of materials and supplies. The intent of this BPA is to meet this need by providing construction material and supply needs in all regions FA performs services.

Description of Delivery Area – Provo Area Office Force Account (PAO FA) provide in-house construction services on Reclamation facilities, and on facilities of other federal agencies. These services vary widely from embankment dam repair work to wetland mitigation construction efforts. The location of construction also varies and may be located anywhere in the 17 western states. The purpose of this contract is to provide for the construction material needs of the PAO FA.

Examples of work locations over the past 5 years include the following:

Battlement Mesa Dam III, Parachute, Colorado St. Mary’s Canal, Browning, MT Crystal Lake Dam, Ouray, Colorado Cedar View Dam, Neola, Utah Stewart Lake, Jensen, Utah Provo River, Heber, Utah Jordan River, South Jordan, Utah Fontenelle Dam, Wyoming Ochoco Dam, Oregon Folsom Dam, Sacramento, California Echo Dam, Utah Newton Reservoir, Utah Myton, Utah Jackson Lake Dam, Wyoming Enders Dam, Nebraska McKay Dam, Pendleton, Oregon Prosser Dam, Truckee, California Angostura Dam, South Dakota Las Vegas Wash, Las Vegas, Nevada Moapa, Nevada Parker Dam, California/Arizona Blythe, California Imperial Dam, California/Arizona Beal Lake, Arizona Park Moabi, Needles, California Chama, New Mexico Flagstaff, Arizona McClellan Dam, Texas Davis Dam, Nevada/Arizona Santa Clara Pueblo, New Mexico

Technical Requirements –

Every item requested under conditions described in this contract shall meet the latest pertinent industry standards and specification. Additionally, each call order will have required technical specifications, quantities, delivery location, timelines, and other requirements outlined in the Statement of Work. Reference standards include, but are not limited to:

Table 1 - Addresses for Specifications, Standards, and Codes

Acronym Name and Address Telephone

ANSI American National Standards Institute 1819 L. Street, N.W.

Washington, DC 20036 www.ansi.org

(202) 293-8020

ASME American Society of Mechanical Engineers 3 Park Ave.

New York, NY 10016-5990 www.asme.org

(800) 843-2763

ASTM ASTM International 100 Barr Harbor Dr.

West Conshohocken, PA 19428-2959 www.astm.org

(601) 832-9585

AWS American Welding Society 550 NW LeJeune Rd.

Miami, FL 33126 www.amweld.org

(800) 443-9353

(305) 443-9353

AWWA American Water Works Association 6666 W. Quincy Ave.

Denver, CO 80235 www.awwa.org

(303) 794-7711

NACE NACE International 1440 South Creek Drive Houston, TX 77084 www.nace.org

(281) 228-6200

SSPC SSPC: The Society for Protective Coatings 40 24th St., 6th Floor Pittsburgh, PA 15222-4656 www.sspc.org

(800) 837-8303

(412) 281-2331

UL Underwriters Laboratories Inc.

333 Pfingsten Rd.

Northbrook, IL 60062-2096 www.ul.com

(847) 272-8800

Construction Materials and Supplies –

Due to the expansive geographical area in which FA operates, it is anticipated that BPA awardees will often act as a supply broker. It is advantageous to the government to award a single contract for all material needs of an individual construction project. Construction materials and supplies include items used for permanent installation in the construction of infrastructure.

This may also include items used temporarily in support of construction such as concrete forms, http://www.ansi.org/ http://www.asme.org/ http://www.astm.org/ http://www.amweld.org/ http://www.awwa.org/ http://www.nace.org/ http://www.sspc.org/ http://www.ul.com/ cofferdams, and scaffolding. The following list reflects the types of construction materials and supplies required under the BPA:

-Geotextiles -Geogrid -Geo-Cell -Gabions Baskets -Lumber -Aggregates – Sand, Gravel, Riprap, Miscellaneous Fill of varying gradations -Ready Mix Concrete – Mix designs will vary -Concrete Pumping -Controlled Low Strength Material (CLSM) -Rebar -Sheet Pile -Stainless Steel – Plate, strap, angle, channel, grating, strapping, tubing etc.

-Carbon Steel – Plate, strap, angle, channel, tubing, I-beams, grating, strapping, etc.

-Aluminum – Plate, strap, angle, channel, tubing, I-beams, grating, strapping, etc.

-Precast Concrete items, including box culverts, manholes, bridges, etc.

-Manhole covers, hatches, and associated hardware -Galvanized ladders -Aluminum grating -Steel grating -Wire rope -Prefabricated steel structures -Fencing materials -HDPE pipe and components -Steel pipe and components -Valves, slide gates, overshot gates, and associated hardware – used in construction of water control infrastructure -PVC pipe and associated fittings -Purchase or rental of equipment used temporarily to facilitate construction such as:

-Concrete forms -Portable cofferdams -Scaffolding

-Crane service to offload items such as precast concrete structures

This list is not meant to be comprehensive, rather to give the offeror a general idea of typical items required for construction of various FA projects. FA crews will be onsite in most cases to facilitate delivery and offloading. In exceptional cases where this is not the case, extraneous delivery requirements will be specified in the Statement of Work specific to that BPA call.

During the course of planning, estimating, and scheduling our various construction projects, we will conduct market research on the availability and potential sources of required materials. This information may be shared with BPA holders but is not meant to imply any favorability to the source. For example, there are generally multiple aggregate and concrete suppliers in a geographical area, and provided the material meets the required technical specifications, the source which the BPA holder proposes use is not relevant to our requirements. Conversely, we also encounter situations where market research shows that suitable material is difficult to locate, such as large diameter riprap, or where transportation costs for items such as sand and gravel would preclude using anything but the closest source. This information may be used by the BPA holder in preparing an offer but should not substitute for independent research by the BPA holder in preparing a quote.

In all cases, we will provide relevant information on delivery requirements, such as:

-Access constraints (single trucks, side dumps, etc. for aggregate delivery) -Schedule -Delivery location -Invoicing schedule -Quantities -Technical specifications

CONSTRUCTION MATERIALS

BLANKET PURCHASE AGREEMENT (BPA)

SPECIAL CONTRACT REQUIREMENTS

1. ORDERING (CALLS)

(a) Definitions.

(1) BPA – Blanket Purchase Agreement

(2) Holder – An approved and eligible vendor with an active BPA issued under this solicitation. To be eligible a Holder shall maintain an active SAM registration without restrictions or debarments.

(3) Calls – Orders placed against a BPA

(4) RFQ – Request for Quotation

(5) SAT – Simplified Acquisition Threshold $250,000.00.

(b) Market Research. The Holder shall be responsible for conducting independent market research to identify local sources, availability, scheduling, lead-times, and prices in order develop their quote.

(c) RFQ. Upon development of the requirement, the Government will issue an RFQ in writing to all active BPA Holders. At a minimum, the RFQ will include the following:

(1) Quote due date

(2) Technical specifications

(3) Quantities

(4) Delivery Location

(5) Schedule

(6) Access limitations and/constraints (e.g., single trucks, side dumps, seasonal road conditions, hours of availability, security requirements, etc.)

(7) Invoicing schedule; and

(8) Evaluation criteria.

(d) Options. At their discretion, the Contracting Officer may include Separately Priced Option Lines in accordance with Section 2. Options to provide volume flexibility for anticipated variability in construction conditions.

(e) Calls.

(1) Being a Holder does not guarantee award. All Holders are encouraged to competitively quote all efforts.

(2) In most cases the Government will award to the Holder with the Lowest Price

Technically Acceptable (LPTA). However, the Government reserves the right to trade off more favorable schedule terms. In such situations, the RFQ will specify a schedule tradeoff.

(3) All Calls are subject to the terms and conditions contained within this Agreement unless specifically deleted from an individual call. Modifications to clauses in this agreement affecting more than one call can only be made by specific agreement between the parties.

(4) Calls shall specify independent terms and conditions unique to the specific requirement.

(5) All Calls shall be Firm Fixed Price.

(6) Pricing shall be inclusive of all costs including but not limited to direct, indirect, shipping, overheads, and profit.

(7) No individual Call shall exceed the SAT ($250,000.00).

(8) The sum of all individual Calls among all Holders shall not exceed $7,500,000.00.

(9) There is no individual ceiling limitation on Holders.

(10) The Government reserves the right to not issue a Call after an RFQ has been released.

(11) All Calls shall be issued in writing using an OF 347.

(f) Ordering Official. At the time of BPA award an ordering official shall be designated. The Ordering Official shall be a warranted contracting officer. All Calls shall be placed by the designated Ordering Official.

2. OPTIONS

(a) The RFQ and Call may include separately priced line items for an increase in quantity. The inclusion of an option line item may be appropriate when there is a high likelihood of quantity variation as a result of variable site conditions.

(b) If an option line item is to be included, the RFQ and Call shall contain 52.217-5 Evaluation of Options (July 1990) and 52.217-7 Option for Increased Quantity – Separately Priced Line Item (Mar 1989)

(c) All options shall be evaluated at award.

3. DELIVERY/INSPECTION AND ACCEPTANCE INFORMATION

(a) Delivery date is 5 years from the date of agreement or calls up to $7,500,000.00, whichever occurs first.

(b) Delivery shall be F.O.B. Destination to the location specified at the individual Call level.

(c) Force Account (FA) crews will be onsite in most cases to facilitate delivery and offloading.

In exceptional cases where this is not the case, delivery instructions will be defined at the individual Call level.

(d) Inspection and acceptance shall be in accordance with FAR 52.212-4 (a).

(e) Any unique inspection or acceptance requirement shall be defined at the individual Call level.

Provisions

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR2023)

---Addendum to 52.212-1---

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION --

DEPARTMENT OF THE INTERIOR (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.

552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or http://www.acquisition.gov/far http://www.acquisition.gov/diar confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of provision)

---End of Addendum to 52.212-1---

52.212-2 EVALUATION-COMMERCIAL ITEMS (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price, Technical Capability and Past Performance.

Technical and past performance, when combined, are equally weighted.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

http://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern— https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial…